The Center for American & International Law in Plano hosted an Innocence Seminar these last two days.

Where was everybody? Seemed like there were very few prosecutors, and comments were made about our lack of interest in such training.

Just curious.

TDCAA provides substantial quality training on the subject.

Still, you haven't really learned anything until you get a lecture on ethics from defense attorneys.

Kim, I think you just answered your own question!

To be honest, comprehensive training of prosecutors, criminal defense lawyers, and judges in one setting is notoriously difficult to do well, for a variety of reasons, so it may not be their fault -- I'm not sure they knew what they were getting into because, until recently, they did little or no criminal state law CLE.

What, if anything, did you find worthwhile? What was a waste of time? Was there any particular topic that you think TDCAA needs to address in greater detail at future conferences? I'm curious to know ...

There was definitely a mixed message. These comments are generalizations, and I don't mean to offend:

(1) The academics seemed to take the "high road" for lack of a better word, saying that they are Innocence lawyers, not criminal defense lawyers, and that they should follow the same code of ethics as prosecutors to seek justice and not just seek to exonerate. That, after all, it doesn't benefit the system to exonerate a guilty person. There was a clear message that we are out to seek truth and justice, and punish the real perpetrators.
(2) On the other hand, some lecturers advised the defense attorneys in the audience to call the media when political pressure would benefit their case and blamed our bad prison system for making inmates file frivolous DNA motions (and condemned DAs who would file further charges for agg. perjury on such inmates). There were a LOT of war stories shared about bad prosecutors, bad evidence retention practices, a lot of eye rolling and head shaking.

(3) The big message I took away was that Innocence lawyers would soon find themselves out of work because DNA cases are dwindling (accord-ing to one lecturer, this is because DAs around Texas intentionally destroyed DNA evidence when Ch. 64 was passed). The next movement is Recantation-based innocence claims. The academics mentioned in (1) above said it is unethical to approach victims and seek recantations, but those who fall into group (2) would probably be okay with it.

(4) Star-chamber movement: N.C. has a panel on Actual Innocence that does statewide review of innocence claims. Seems like the Innocence Project would like to see these in all states. The habeas corpus process has too many procedural bars in place for subsequent claims, which apparently, most innocence claims are. So, they would like to set up an alternative avenue for relief.

(5) Death Penalty: amazingly, this never came up. My personal belief is that it is very difficult for so-called Innocence lawyers to keep to the high-road and seek justice when death is on the line and they will do anything to delay an execution with a last minute habeas claim of innocence or anything else. So, I think it was wise to avoid the DP because it would have side-tracked the whole seminar.

(6) Finally, there was, predictably, a lack of information on solving old cases once a person is exonerated (despite the lip service paid to "establishing guilt") and a lack of information from the victim's perspective. There were 3 exonerees who spoke and answered questions.

I will probably get slammed for the above comments, but that's how I saw it.

They have been doing an Innocence Seminar for at least three years now. I went to one in 2006 - there were some prosecutors, judges and attorneys from the SPA.

quote:

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Originally posted by KSchaefer:
I will probably get slammed for the above comments, but that's how I saw it.

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On the contrary. I appreciated your comments and your perspective.

I thought it was worthwhile. Some of the presenters were "ivy heads." Because of the many attending, some of us had to sit in rooms down the hall, which made it impossible to read the graphs unless you were in the main autotorium. Naturally, those seats were reserved for the big wigs.

Originally posted by pkdyer:
"They have been doing an Innocence Seminar for at least three years now. I went to one in 2006 - there were some prosecutors, judges and attorneys from the SPA."

True enough. I've been to all three. Last year there seemed to be a few more prosecutors or, the ones who were there were more vocal. It got pretty heated in the final panelist discussion, and that did not happen this year. Maybe because all the prosecutors were watching via TV in the other rooms. I don't know.