349 | The ACLU Lawsuit Helping to Radically Reimagine Public Defense in Maine w/Zachary Heiden, Carol Garvan, and Eve Primus

Today, Hunter sat down with Zachary Heiden, Carol Garvan, and Professor Eve Primus to discuss the ACLU of Maine’s major victory in the fight to change Maine’s Public Defense. Since the Sixth Amendment Center’s report came out years ago, one thing was clear about Public Defense in Maine: it was in a state of crisis. Now, there finally appears to be a path out of the crisis. Thanks in part to the lawsuit filed by the ACLU of Maine, the courage of public defenders, the judiciary, and the delayed but strong action of the legislature, Maine is on the path to Public Defender Offices around the state. On this episode, we discuss how this happened, why it was needed, and what other states can and should learn from this story.   Guest Carol Garvan, Legal Director, ACLU of Maine Zachary Heiden, Chief Counsel, ACLU of Maine Eve Primus, Professor of Law, University of Michigan   Resources:   Contact the ACLU of Maine Here https://www.aclumaine.org/en Read more about the decision here https://www.aclumaine.org/en/robbinsvictory#:~:text=A%20superior%20court%20ruled%20in,to%20end%20the%20ongoing%20crisis.&text=In%20April%202019%2C%20the%20Sixth,on%20public%20defense%20in%20Maine. 6AC Report https://6ac.org/wp-content/uploads/2024/02/6AC_me_report_2019.pdf Professor Primus’s Faculty Page https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/eve-brensike-primus   Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter is Re-Releasing his episode with Professor of Law Corinna Lain becuase her book, Secretes of the Killing State: The Untold Story of Lethal Injection, is now available! If you haven't listened already or picked up a copy of the book, now is great time to remember the hisotry of lethal injection and what that history means for the death peanlty today! https://www.amazon.com/Secrets-Killing-State-Untold-Injection/dp/1479832960   Today, Hunter spoke with Law Professor Corinna Lain to discuss her career of research around the death penalty and lethal injection. While it may seem strange to hyper focus on lethal injection, there is something to be said about understanding how and why lethal injection became the defacto method for state sanctioned murder. When lethal injection was offered to the American people, it was designed to do one simple thing: hide the reality of state sponsored murder. So long as people could look away from the violence of the state, they could place execution out of mind. In doing so, the practice could continue in relative secrecy. Today’s episode is about lifting the shroud on that secrecy to examine the way the lethal injection is just as, if not more, violent, cruel, and unusual and any other form of execution.     Guests: Corrina Lain, SD Roberts and Sandra Moore Professor of Law, Richmond School of Law Resources: Can Europe end the Death Penalty? https://www.theatlantic.com/international/archive/2014/02/can-europe-end-the-death-penalty-in-america/283790/ US Botched Executions https://deathpenaltyinfo.org/executions/botched-executions Execution of Clayton Lockett https://www.theguardian.com/world/2014/dec/13/botched-oklahoma-execution-clayton-lockett-bloody-mess  Corinna Lain Faculty Page https://law.richmond.edu/faculty/clain/     Contact Hunter Parnell: [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN  

Today, Hunter spoke Massachusetts Criminal Defense Lawyer Murat Erkan. Recently, Murat represented Wilson Martell-Lebron in a criminal trial in Boston Municipal Court. Martell-Lebron faced two felony charges related to accusations that he lied on his driver’s license application. At its core, this case was an accusation that Martell-Lebron was an undocumented immigrant. However, Martell-Lebron never got to vindicate his innocence because the Suffolk County DA, the police involved in the case, and an ICE agent conspired to abducted Martell-Lebron in the middle of his trial. This episode is a wild documentation of a conspiracy to subvert a man’s right to trial.   Guest Murat Erkan, Partner and Criminal Defense Lawyer, Erkan Sullivan PC, Massachusetts   Resources:   Google Drive Containing the Court Filings https://drive.google.com/drive/folders/1pegoD0V5gEFXZqcsMQKOYcu9s1_AX3JV?usp=sharing Coverage Once the Federal Court got the Contempt https://www.cbsnews.com/boston/news/ice-agent-contempt-boston-trial-arrest/#:~:text=Boston%20Municipal%20Court%20Judge%20Mark,to%20bring%20charges%20against%20Sullivan. https://apnews.com/article/ice-immigration-arrest-trial-contempt-8b35498ddd96ccf1bc3ff772e6ef5106 https://apnews.com/article/boston-immigration-ice-municipal-court-due-process-f2d13626ffba28025a3e0314fa6ca908     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter spoke with Damon Drake, Executive Director of We Resolve Minnesota, a participatory defense organization out of the twin cities. As is the case in our discussion about participatory defense, Damon joins the show to discuss the successes and challenges of trying to get Public Defenders onboard with the participatory defense.   Guest Damon Drake, Executive Director, We Resolve Minnesota   Resources:   Learn more about We Resolve Here https://weresolve-mn.com/   Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter spoke with Heather Rogers and Caitlin Becker of the Santa Cruz County Public Defenders. In 2020, the Sixth Amendment Center put together a report detailing the severe issues with how Santa Cruz County provided Public Defense. At the time, a law firm was working a flat rate fee contract to provide public defender services in the county. As is expected, that system was deeply flawed and couldn’t meet the demands of the Sixth Amendment. Fast forward five years, Heather, Caitlin, and the team at the Santa Cruz County Public Defender has transformed the office into a comprehensive holistic defender program. How did that happen? What are the benefits of this model? All those questions and more on today’s episode!   Guest Heather Rogers, The Public Defender, Santa Cruz County, California Caitlin Becker, Director of Holistic Defense, Santa Cruz County, California   Resources:   Read the 6AC Report Here https://6ac.org/wp-content/uploads/2024/02/6AC_ca_santacruzcountyreport_2020.pdf Contact Santa Cruz County Public Defenders Here https://www.santacruzdefenders.us/ https://www.linkedin.com/in/heather-rogers-3525b4242/ https://www.youtube.com/channel/UCtvUi9TWRyNIOvEwgHN87KA https://www.facebook.com/CruzDefenders# https://www.instagram.com/cruzdefender/ https://x.com/cruzdefender     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home     Guest Heather Rogers, The Public Defender, Santa Cruz County, California Caitlin Becker, Director of Holistic Defense, Santa Cruz County, California   Resources:   Read the 6AC Report Here https://6ac.org/wp-content/uploads/2024/02/6AC_ca_santacruzcountyreport_2020.pdf Contact Santa Cruz County Public Defenders Here https://www.santacruzdefenders.us/ https://www.linkedin.com/in/heather-rogers-3525b4242/ https://www.youtube.com/channel/UCtvUi9TWRyNIOvEwgHN87KA https://www.facebook.com/CruzDefenders# https://www.instagram.com/cruzdefender/ https://x.com/cruzdefender     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter spoke with journalist Piper French about the wrongful conviction of Jimmie “Chris” Duncan. In 1998, Duncan was convicted of murdering his girlfriend’s 23-month-old daughter. Originally, Duncan was charged with negligent homicide as it appeared his story, that he stepped away for a few minutes while the child took a bath and then she fell and drowned, was accurate. However, the notorious peddler of the junk science bite mark “evidence,” Dr. Michael West, conducted a dubious autopsy where he pressed a mould of Duncan’s teeth into the body of the girl. With this dubious autopsy and the help of a jail house snitch, the state convicted Duncan of capital murder. Since then, Duncan has been fighting to prove his innocence, but with Governor Jeff Landry’s drive to increase the number of executions in the Louisiana, Duncan might never get the chance.     Guest Piper French, Part Time Staff Writer at Bolt Magazine, Freelance Journalist   Resources: Read the Article Here https://boltsmag.org/the-human-cost-of-jeff-landrys-drive-to-resume-executions/ https://www.motherjones.com/politics/2025/03/louisiana-execution-bolts-chris-duncan-jeff-landry-death-row-capital-punishment/  Read more by Piper Here https://www.psfrench.com/ Contact Piper [email protected] https://x.com/pipersfrench https://bsky.app/profile/psfrench.bsky.social Read more About Duncan’s Case Here https://innocenceproject.org/petitions/stop-the-execution-of-an-innocent-man-jimmie-chris-duncan/ https://www.propublica.org/article/louisiana-jimmie-duncan-bite-mark-analysis-death-row-junk-science   Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter sat down with Heather Lewis a participatory defense organizer and the Executive Director of the Reuniting Family Bail Fund. Unlike many places where participatory defense hubs have been set up, Montgomery County Public Defenders welcomed participatory defense with open arms. Today, we will see the benefit of having an activated community when policy makers retaliate against public defenders.   Guest Heather Lewis, Reuniting Family Bail Fund, Montgomery County, Pennsylvania   Resources:   Reuniting Family Bail Fund Websites and Socials https://bailfundmontco.org/ https://www.youtube.com/@reunitingfamilybailfund https://www.instagram.com/familybailfund/ https://x.com/familybailfund https://www.facebook.com/reunitingfamilybailfund Coverage of Retaliation Against Montgomery County Public Defenders https://www.inquirer.com/news/montgomery-county-public-defenders-fired-lawsuit-keisha-hudson-dean-beer-20200318.html#:~:text=Fired%20public%20defenders%20sue%2C%20alleging%20Montgomery%20County%20retaliated%20for%20bail%20practice%20criticism. https://www.inquirer.com/news/montgomery-county-public-defenders-commissioners-protest-dean-beer-keisha-hudson-20200305.html https://theappeal.org/pennsylvania-public-defenders-not-reinstated-despite-public-outcry-over-firing/#:~:text=Montgomery%20County%20Chief%20Public%20Defender,Photo%20courtesy%20of%20ACLU%20Pennsylvania. https://www.aclupa.org/en/press-releases/aclu-pa-statement-response-dismissal-montgomery-county-chief-and-deputy-public     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter sat down with Civil Rights lawyers Darold Killmer and Maddie Lips to discuss a tragic case. James Purdy, a 76 year old man with dementia and Parkinson’s, was arrested after a women alleged he attempted to kidnap her. When he was arrested, Purdy incredibly frail condition was obvious and his family insisted he be kept on his essential medication. Unfortunately, the Jefferson Count Jail staff did not comply with this request. Over his multi-week pretrial incarceration, Purdy was recorded falling around 100 times, and ultimately, these falls left him with injuries that would lead to his death.   Guest Darold Killmer, Partner, Killmer Lane Civil Rights Litigation, Denver, CO Maddie Lips, Associate, Killmer Lane Civil Rights Litigation, Denver, CO   Resources:   Contact Killmer Lane https://killmerlane.com/ Contact Darold and Maddie [email protected] [email protected]   Read More About James Purdy’s Case https://www.denver7.com/news/local-news/family-of-man-with-dementia-files-federal-lawsuit-after-his-2023-death-in-jefferson-county-jail https://www.9news.com/article/news/investigations/9news-investigates-arrest-death-jim-purdy/73-091a289f-4dbe-47cb-99a6-10ba61a141b0     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter spoke with Emmy Award winning documentarian and investigative journalist, Gianna Toboni to discuss her new book The Volunteer: The Failure of the Death Penalty and One Inmate’s Quest to Die with Dignity. In this book, Gianna tells the story of Scott Dozier. He was on death row in Nevada for two separate homicide convictions, but despite him volunteering to be executed, forces both inside and outside of the prison prevented the state from executing him. Ultimately, Dozier took his own life after a few weeks on a mental health, solitary confinement hold. How did this all happen and what can we learn about the death penalty in America? All those questions and more in today’s episode.   Guest Gianna Toboni, Documentarian, Investigative Journalist, Author of The Volunteer   Resources:   Pick up a Copy of the Book Here https://www.simonandschuster.biz/search/books/Author-Gianna-Toboni/Category-Law/_/N-1z0v8eyZh3kZm2st/Ne-pgt?options[sort]=BOOK_ORDER%7C0%7C%7CTITLE%7C0 https://www.barnesandnoble.com/w/the-volunteer-gianna-toboni/1145681921 Follow Gianna On Socials https://bsky.app/profile/giannatoboni.bsky.social https://www.instagram.com/giannatoboni/?hl=en https://www.linkedin.com/in/gianna-toboni-970174272/ https://x.com/GiannaToboni?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor Gianna’s Work at Vice (Including Interview’s with Dozier) https://www.youtube.com/playlist?list=PLw613M86o5o6ig6LRdAL5W_w7w1k_UeQ5     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home  

Today, Hunter spoke with Criminal Defense Lawyer Blake Weiner about a wrongful conviction case he has been working on. Blake’s client, Marcus Cooper was charged with rape and strangulation in two separate counties in Virginia. At the first trial, evidence came to light that the complaining witness was lying about pictures she provided to the Commonwealth that she claimed proved her accusations. This trial resulted in a mistrial, and ultimately the charges were dismissed. At the second trial, which featured the same witness and the same charges, the complaining witness once again provided fabricated evidence to try and convict Mr. Cooper. However, the judge in this case determined that Blake could not bring up these repeated instances of evidence fabrication, and as a result, Mr. Cooper was convicted. Blake helps us understand how a judge could stop a defense lawyer from challenging the credibility of a person who has demonstrated a willingness to lie about his client.   Guest Blake Weiner, Criminal Defense Lawyer, Virginia   Resources: Contact Blake https://blakeweinerlaw.com/   Read the Docs from the Case Here https://drive.google.com/drive/folders/1uZd16LUpCFJwHVrR6eF4sPxs1D91406s?usp=sharing     Contact Hunter Parnell:                                 [email protected]  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod www.publicdefenseless.com  Subscribe to the Patron www.patreon.com/PublicDefenselessPodcast  Donate on PayPal https://www.paypal.com/donate/?hosted_button_id=5KW7WMJWEXTAJ Donate on Stripe https://donate.stripe.com/7sI01tb2v3dwaM8cMN Trying to find a specific part of an episode? Use this link to search transcripts of every episode of the show! https://app.reduct.video/o/eca54fbf9f/p/d543070e6a/share/c34e85194394723d4131/home