Statement of Gerald B. Lefcourt, President, National Association of Criminal Defense Lawyers On Supreme Court's Prosecutorial Immunity Decision -- Washington, DC (December 10, 1997) -In a victory for justice and common
sense, the U.S. Supreme Court unanimously ruled today that a prosecutor
who lied in order to obtain an arrest warrant may be sued for damages.
Kalina v. Fletcher, No. 96-792, affirms lower court decisions holding
that state officials enjoy only limited immunity from suits for
violations of civil rights they commit during the course of performing
their official duties. More
DOJ Aware of Problems in FBI's DNA Lab -- Washington, DC (November 25, 1997) - The Justice Department's Office of
Inspector General, which conducted an 18-month investigation of the FBI
lab, has been on notice of problems in the FBI's DNA analysis unit
(DNAU) since as far back as December 1995, the National Association of
Criminal Defense Lawyers announced today. "Investigators from the
Inspector General's Office interviewed dozens of FBI agents during the
course of their 18-month investigation," NACDL President Gerald B.
Lefcourt noted. "During that time, they turned up evidence that the
prevailing culture of the lab -- which one agent likens to a
"fraternity" -- is a 'shoot from the hip' culture favoring the
prosecution, rather than a culture of objective science, and honest
search for the truth." More
Initiative to Free the Innocent Expanding -- Washington, DC (November 20, 1997) - "Countless innocent Americans
are behind bars or on death row for crimes that they didn't commit. Law
schools and journalism schools are often in the best position to correct
these grave injustices, as we've seen in Illinois where more people
have been freed from death row than have been executed," noted Gerald
Lefcourt, President of the National Association of Criminal Defense
Lawyers (NACDL), in announcing a major campaign to expand the existing
Innocence Project to law schools and journalism schools nationwide. More
Disciplinary Boards Must Scrutinize Low-Bid Contracts Providing Counsel to Needy Citizens -- Washington, DC (October 10, 1997), (updated November 3, 1998) -
Fixed-price contracts for providing legal representation to poor
Americans accused of crimes or wrongdoing are effectively wiping out the
Sixth Amendment right to counsel, violating citizens' rights and
leading to wrongful convictions, according to a report the National
Association of Criminal Defense Lawyers released Friday. The report
charges that the practice of "low-bid contracting" is designed to
"process the maximum number of defendants at the lowest cost -- without
regard to truth, justice or innocence." More
Early Review of Documents Reveals FBI Lab Misconduct More Serious than Reported -- Washington, DC (September 29, 1997) - "Our review of documents thus
far generated by the Department of Justice Inspector General's 18-month
investigation of the FBI Lab reveals systemic problems scarcely
addressed by the April 15 report -- bad science, sloppy record-keeping
and professional misconduct," Gerald B. Lefcourt, President of the
National Association of Criminal Defense Lawyers said today as he
prepared to testify before a Senate hearing on problems in the FBI's
Crime Laboratory. "So far we've only seen the tip of the iceberg. We are
greatly concerned that for some American citizens convicted by 'bad
science,' the time for filing appeals and writs of habeas corpus is fast
running out," Lefcourt said. More
Reimburse Unfairly Accused Citizens -- Washington, DC (September 26, 1997) - "The House of Representatives
scored a victory for all Americans yesterday by voting to reimburse
citizens' legal fees in defending themselves against unjust or wrongful
charges," said Gerald Lefcourt, President of the National Association of
Criminal Defense Lawyers (NACDL). The House action benefits not only
citizens who are forced to expend thousands of dollars defending
themselves against false criminal charges, but it will save taxpayers
monies as well by discouraging ill-considered prosecution based on
little or no evidence of wrongdoing," he added. More
'Strike Force' Ready to Defend Martin Luther King Case Lawyer -- Washington, DC (September 11, 1997) - Earlier this week, an investigator
with the Memphis District Attorney General's office threatened a
respected law professor with obstruction of justice if he did not turn
over confidential information he had gathered on an alleged conspiracy
to murder Dr. Martin Luther King, Jr. University of Memphis Law School
Professor Mike Roberts was appointed by Memphis judge John P. Colton to
review files pertaining to James Earl Ray, who is seeking to withdraw
his guilty plea and exercise his constitutional right to trial. Acting
at the behest of the court, Roberts interviewed persons claiming to have
knowledge of a conspiracy until the Tennessee Court of Appeals revoked
his subpoena power last month on technical grounds. More
NACDL Urges Clemency to Correct an Injustice -- Washington, DC (July 30, 1997) - Serious questions regarding the guilt
of death row inmate Tommy Thompson, and the courts' powerlessness to
correct the injustice of a wrongful conviction, are compelling grounds
to commute his death sentence, says Judy Clarke, President of the
National Association of Criminal Defense Lawyers, in a letter to
California Governor Pete Wilson. Ms. Clarke notes in her letter that a
number of newspapers and former state and federal prosecutors support
clemency for Thompson, who is scheduled to be executed August 5. More
Measure to Restrict Government Seizure Power Further Compromises Citizens' Rights -- Washington, DC (June 23, 1997) - After careful review, the National
Association of Criminal Defense Lawyers rejects the important but
severely flawed civil asset reform effort reported out of the House
Judiciary Committee late last week. The measure purports to address the
basic unfairness and inequities of existing asset forfeiture laws, but
what was at first an outstanding bill with widespread bi-partisan
support in the House has been seriously compromised by the U.S.
Department of Justice and other law enforcement entities who unfairly
benefit from these laws at the expense of innocent citizens. More
Congress Should Reform FBI Lab -- Washington, DC (May 12, 1997) - Science should favor neither the
prosecution nor the defense in its search for the truth, an attorney for
the National Association of Criminal Defense Lawyers (NACDL) will
remind members of the Crime Subcommittee of the House Judiciary
Committee Tuesday morning. The panel is holding oversight hearings on
serious deficiencies in the FBI Lab which came to light after last
month's release of the Justice Department Inspector General's damning
Report. Having focused on just 3 of 35 Lab units, the Report identified
numerous instances of fabrication of test results, scientifically flawed
and biased testimony, unqualified examiners with little or no formal
education in their professed field of expertise, a predisposition toward
slanting testimony in favor of the prosecution, and other rampant
problems. More
Victims' Rights Amendment Endangers Everyone's Rights -- Washington, DC (April 29, 1997) - Burgeoning opposition to the proposed
Victims' Rights Amendment to the U.S. Constitution in recent weeks
comes from unexpected quarters. Prominent among groups opposing the idea
outright or refusing to endorse it are the Legal Defense and Education
Fund of the National Organization for Women (NOW LDEF), the National
Clearinghouse for the Defense of Battered Women, the National Network to
End Domestic Violence, and Murder Victims Families for Reconciliation. More
Statement of Judy Clarke President, National Association of Criminal Defense Lawyers on Supreme Court's "No Knock" Decision -- Washington, DC (April 28, 1997) - The Fourth Amendment to the
Constitution of the United States provides that Americans shall be
secure in their homes and persons from unreasonable searches and
seizures. To that end, the National Association of Criminal Defense
Lawyers argued on behalf of Steiney Richards in the Supreme Court
decision handed down today, Richards v. Wisconsin. More
FBI Lab Report Raises Specter of National Scandal -- Washington, DC (April 15, 1997) - The Inspector General's
investigation into practices and misconduct at the FBI lab raises more
questions than it answers, the National Association of Criminal Defense
Lawyers said today. The Justice Department's final report, released to
the public today as a result of legal action brought by NACDL,
identifies deficient work in the few high profile cases it analyzes,
casting serious doubt on the integrity of the entire lab. Concentrating
primarily on misconduct in only three departments -- the Explosives
Unit, the Materials Analysis Unit, and the Chemistry-Toxicology Unit --
the edited 517-page report raises the specter of a national scandal of
mammoth proportions. More
Rush to Judgment By Congress Undermines Separation of Powers and Independent Judiciary -- Washington, DC (March 30, 1997) - Recent actions by Congress, and
threats by Congressional leaders, to limit the Constitutional powers of
federal judges "undermine America's cherished independence of the
judiciary," Judy Clarke, President of the National Association of
Criminal Defense Lawyers said in a letter to Chief Justice William
Rehnquist, in his capacity as head of the U.S. Judicial Conference,
which oversees the federal courts. More
Ruling in FBI Lab Report Case Is Victory for Due Process -- Washington, DC (March 17, 1997) - Persons unlawfully convicted in
cases involving mishandled evidence from the FBI forensic science labs
will have a full year from the release of the Justice Department's
report on lab deficiencies and foul-ups to challenge their convictions,
the government conceded in federal court today. That assurance from
Justice Department lawyers, first confided to the court late-Friday
evening, figured prominently in today's decision hold off on any
emergency injunctive relief to the National Association of Criminal
Defense Lawyers, the lead plaintiff, in its Freedom of Information Act
suit to force immediate public release of the Inspector General's
critical draft report. Parts of that preliminary report already have
made their way to Capitol Hill and to counsel in a few individual cases. More
Congress Should Refrain from Meddling in Pending Criminal Cases -- Washington, DC (March 12, 1997) - It is improper, unwise and
unconstitutional for Congress to pass special legislation to try to
preside over pending criminal trials from Capitol Hill, the nations's
criminal defense bar told the House Judiciary Committee in a letter
today (click here for letter),
as the panel prepares to rush through legislation directed at reversing
rulings of two courts in the celebrated Oklahoma City bombing trial. More
ABA Should 'Take All Appropriate Action' To Implement Death Penalty Moratorium -- Washington,DC (March 3, 1997) - The Board of Directors of the
National Association of Criminal Defense Lawyers (NACDL) expressed its
support of the death penalty moratorium proposed by the American Bar
Association earlier this month, and urged the ABA "to take all
appropriate action with all deliberate speed to bring about its
implementation." The Board unanimously passed its resolution at NACDL's
Mid-Winter Meeting in New Orleans. More
Court Action Commenced to Disclose Report Critical of FBI Lab -- Washington, DC (February 25, 1997) - "The first resort of tyrants is
secrecy," said William B. Moffitt, Vice President of the National
Association of Criminal Defense Lawyers (NACDL) at a press conference
today after the Association filed suit to force disclosure of a
government report critical of the FBI's crime lab. More
FBI Lab FOIA Suit Press Conference Tuesday, Feb. 25 -- Washington, DC (February 22, 1997) -The National Association of
Criminal Defense Lawyers (NACDL) will file suit tomorrow under the
Freedom of Information Act seeking expedited disclosure of the Justice
Department's Inspector General report outlining serious problems in the
FBI laboratory. More
Justice Dept. Urged to Release FBI Lab Report -- Washington, DC (February 4, 1997) - Frustrated over the U.S. Justice
Department's refusal to make public its Inspector General's report
outlining serious problems with and within the FBI laboratory --
problems which could affect hundreds of individual cases across the
country -- the National Association of Criminal Defense Lawyers (NACDL)
today filed a Freedom of Information Act request seeking its prompt
release within 10 working days as required by law. More
Statement of Judy Clarke President, National Association of Criminal Defense Lawyers On Settlement of Oklahoma Indigent Defense Funding Crisis -- Washington, DC (January 22, 1997) - The nation's criminal justice
lawyers want to commend today's last minute agreement ensuring
supplemental funding to keep the Oklahoma Indigent Defense System from
descending into chaos. Facing imminent insolvency due to increased
caseloads and last year's arbitrary funding cuts, Governor Keating and
the legislative leadership became convinced that letting the system
crash and burn would only lead to case dismissals, prisoner releases and
a cascade of lawsuits This eliminates any need to challenge the state's
failure to abide by the U.S. Constitution's requirement -- recognized
for over a third of a century -- that counsel be provided to Americans
who cannot afford lawyers when the state seeks to deprive them of their
lives or liberty. NACDL particularly commends Court of Criminal Appeals
Presiding Judge Charles Chapel and Vice Presiding Judge Charles Johnson
for their efforts, and patience, in facilitating the negotiations. More
Stop Courts from Inflicting Punishment for Unproven Crimes -- Washington, DC (January 7, 1997) - In the wake of yesterday's high-handed
U.S. Supreme Court decision requiring federal judges to punish
defendants even for crimes for which the jury found them not guilty, the
National Association of Criminal Defense Lawyers called on Congress and
the U.S. Sentencing Commission to revise federal sentencing law to
restore fundamental fairness to the American justice system. On the very
same day it announced it would accept the case -- United States v.
Watts -- the Court, acting in extraordinary fashion, issued its unsigned
opinion without any formal briefing or oral argument, catching court
observers by complete surprise. More
Supreme Court Limits Unfair Prejudice in Gun Cases -- Washington, DC (January 7, 1997) - The National Association of Criminal
Defense Lawyers applauds today's decision by the U.S. Supreme Court
limiting prosecutors' ability to introduce highly prejudicial or
inflammatory evidence in federal prosecutions of convicted felons
accused of possessing a firearm. The ruling conforms with the general
rule which prohibits, in most cases, the prosecution from revealing
facts about a defendant's prior record. More