Early Entry in Capital Cases Teresa Whitaker Capital Trial Branch Manager

Lexington Police Obtain Warrants in Murder Case; Violent Start to Year

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Capital Eligible Offenses KRS  Prior Record of Conviction for a Capital Offense  Arson, Robbery, Burglary, Rape or Sodomy  Great risk of Death to more than one person  Profit or Hire  Prisoner kills a Prison Employee  Intentional and Multiple Deaths  On Duty Police Victim  EPO / DVO in Effect  Kidnapping: Victim Not Released Alive

Miranda v. Arizona

You have the right to an attorney…..

And if you cannot afford an attorney…….

You will not be appointed an attorney until your first court appearance. (Commonwealth v. Terrell)

Commonwealth v. Terrell  West v. Commonwealth, 887 S.W.2d 339  “To the extent West stands for the proposition that courts have the authority to intervene pre-prosecution in police interrogations of suspects via RCr 2.14(2), it is overruled.  If a suspect requests an attorney to be appointed to represent him for questioning, does the suspect sit in jail until he/she goes to court and is appointed an attorney?

Commonwealth v. Terrell “The appointment of counsel for the individual in custody is not a role for the court until prosecution commences. But if the individual in custody wishes to have counsel during interrogation, he may either request an attorney, or, under RCr 2.14(1), contact an attorney.”

Commonwealth v. Terrell “It is important to remember what an individual is entitled to when he exercises his right to counsel. Of course, interrogation must cease; but, more importantly, if the defendant cannot afford an attorney, one will be provided. Here, however, the trial court was wholly without the authority to appoint counsel for Terrell. RCr 2.14(2) provides no mechanism for appointing counsel.”

Commonwealth v. Terrell Dissent: “….as set forth in the commentary to RCr 2.14: If at any time, from the time of his arrest to final determination of his guilt or innocence, an accused really needs the help of an attorney, it is in the pre-trial period….Indeed, the pre-trial period is so full of hazards for the accused that, if unaided by competent legal advice, he may lose any legitimate defense he may have long before he is arraigned and put on trial.” Justice Keller

Commonwealth v. Terrell Dissent: “If a trial court cannot appoint an attorney under the auspices of RCr 2.14(2), then RCr 2.14(2) applies only to those who can afford private counsel….. and forecloses the indigent from exercising the right created in RCr. 2.14(2). “ Justice Keller

Overcoming Terrell  Sign at the jail

Pulaski County Detention Center Police Officers: If before or during the questioning of an individual, they request to speak to an attorney and they cannot afford to hire an attorney, please contact (Attorney) with the Department of Public Advocacy at the following number (Phone Number).

First Meeting with Client  It can / should be as soon after the person is arrested as possible.  Physical / Emotional condition of the client  Medical treatment  Alcohol / Drug Withdrawal  Suicide Risk  Explain charges and possible consequences (if possible)  Explain your role  Will it be temporary?

First Meeting with Client  Warn the client  Don’t talk to family / friends about the case  Don’t talk to the police anymore  Don’t talk to the media  Phone are recorded and monitored  Explain importance of good conduct in jail  Note any unusual behavior of the client (document if possible)  Explain how to contact you / give the client your card  Court date and procedure

First Meeting with Client Leave the client with HOPE.

Preservation of Evidence  Will the crime scene by destroyed / released quickly?  Commonwealth v. Brown (rental cabin)  Commonwealth v. Sizemore (apartment)  Will the client’s current condition be gone quickly?  Commonwealth v. Exantus (current psychosis?)  Will possible witnesses not talk to you after they know about the case?  Commonwealth v. Allman  Preliminary hearing  Warn family members and friends about court / media

Multiple Defendants Each one deserves to be protected.

Multiple Defendants / Conflicts Fred Capps Eddie Vaughn

Multiple Defendants / Conflicts Clint Inabnitt Mark Stanziano

If you need help……… Teresa Whitaker (606)