In 1985 a man was accused of murder. After lengthy appeals, it was determined by the California Supreme Court that his public defender could have found eleven relevant witnesses who could have testified in the defense of his client. However, the California Supreme Court decided that this was not enough reason to grant the accused a new trial.
The man insisted to his public defender that he did not do the crime and asked that his lawyer properly investigate his defense. His public defender failed to do so, and the man was found guilty and sentenced to death.
Fortunately, the death row inmate was able to appeal his case by way of writ to the federal court system. Last week, the court of appeal voted 2 to 1 that the accused must be granted a new trial due to the incompetence of his public defender. The federal court of appeals decided that if the jury had heard the testimony of the defense witnesses (that the public defender did not bother to attempt to locate) there was a reasonable probability that the jury would have found the accused not guilty.
You have to wonder what is wrong with our system when a man can sit on death row for 25 years until a court steps up and says “wait a minute”, this guy did not get a fair trial because his public defender didn’t do his job. Doesn’t it make logical sense that we should not put people to death when they did not receive a fair trial? The federal court of appeals thinks so. Now we will have to wait and see if the United States Supreme Court takes up this case. A mans life hangs in the balance.
The moral of this story is that far too many people in 2012 are being represented by public defenders who are not capable of providing them an adequate defense. The vast majority of public defenders do all they can for their clients. However, with their caseloads exploding they are often just not capable of doing adequate investigation to help their clients.
If you or a loved one is facing a criminal charge it could impact the rest of your lives. The best decision is to contact the experienced criminal defense attorneys of Wallin and Klarich law firm for help. We will provide you with a free phone consultation about the merits of your case. Act now before it is too late. Call us toll free at 877-466-5245 We will be there when you call.
