These three witnesses testify on cap. murder punishment on an actuarial approach to predicting future dangerousness. I am looking for transcripts where they have testified.

Here is a transcript where Mark Cunningham testified for the defense. I believe this is from the NYC bombing.

Cunningham Testimony

Here is a second transcript from a North Carolina Federal Case

More Cunningham


Hope this helps

Robert DuBoise

[This message was edited by Robert S. DuBoise on 11-04-02 at .]

Alan:

Both Kessner and Cunningham testified in more than one of the four death penalty cases (2 punishment only) tried here last year. One record may not be complete yet but I will send copies of what we have.

Kessner testified yesterday in a Fed Habeas hearing on the mental retardation of Jose Alfredo Rivera. (He sodomized a three year boy before strangling the boy and leaving the body floating in a Resaca (pond)).

There was also a Garnett (sp?). His testimony was that anything Rivera did bad was because of his mental retardation. Conversely, any good grades he got in school (before paint fried his brain) were because of a kind teacher, or a teacher who could not afford to fail another student.

Does a jury believe any of this?

John Bradley
District Attorney
Williamson County, Texas