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Soldiers Facing Death Need Experienced Lawyers

By TChris, Section Death Penalty
Posted on Tue Jun 24, 2008 at 10:08:48 PM EST
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You'd think military prosecutors would want to get it right the second time.

The Army is trying [Army Sgt. William] Kreutzer for the second time on capital murder, attempted murder and other charges stemming from an October 1995 shooting spree in which Kreutzer opened fire on a brigade of soldiers as they prepared for an early morning run. ... Kreutzer was sentenced to death at a court-martial in 1996, but he won a new trial after military appeals courts ruled in 2004 and 2005 that his first lawyers were incompetent.

Kreutzer's new lawyers have no experience defending the death phase of a trial. They've asked the court "to appoint qualified lawyers or make the case non-capital." Prosecutors responded that the lawyers are good enough. Are they inviting a repeat performance of the first appeal? [more ...]

Kreutzer’s current lawyers, Maj. Eric Carpenter and Maj. Greg Malson, argued Tuesday that they aren’t qualified, either. They took some legal classes on the death penalty but have no other experience in the subject, or with non-capital murder cases, Carpenter said.

Kevin McNally, director of the Federal Death Penalty Resource Council, testified that Malson and Carpenter are unqualified to serve in a civilian federal death penalty trial. Due to the complexity and high stakes of death penalty cases, civilian courts generally require the lead defense lawyer, and sometimes the second lawyer, to have a background in capital trials.

“A terrorist facing a death sentence in a federal District Court will get experienced capital attorneys, but a service member facing the death sentence in a court-martial will not,” Carpenter said.

The judge, Col. Patrick Parrish, has not yet ruled on the motion.

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    Soldiers Facing Death Need Experienced Lawyers | 5 comments (5 topical)

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    This makes no sense (5.00 / 1) (#1)
    by befuddledvoter on Tue Jun 24, 2008 at 10:42:10 PM EST
    unless the prosecutors really do not want anyone killed.  I recall there was a time when Oklahoma could not "kill" anyone. Their death cases went on and on because of ineffective assistance of counsel claims.  

    How do the prosecutors even have standing here to object?? If defense counsel states he is not competent for this, how does the prosecutor know better?  

    The most telling thing is that these attorneys would not be death qualified in federal court for civilians.

    Does this mean the defense ... (none / 0) (#2)
    by Tortmaster on Tue Jun 24, 2008 at 11:22:40 PM EST
    ... lawyers don't even have first-hand experience with a manslaughter case or a DUI w/fatality?

    "They took some legal classes on the death penalty but have no other experience in the subject, or with non-capital murder cases, Carpenter said."

    This isn't as bad as asking a bank teller to bring a nuclear reactor down from a near-China Syndrome, but it's bad enough.  

    This is as bad as it gets (none / 0) (#3)
    by befuddledvoter on Wed Jun 25, 2008 at 12:19:02 AM EST
    The death phase of these cases is very unique, unlike anything these attorneys have experienced.  Things that may seem to benefit the client in the guilt phase could hurt in the penalty phase and vice versa. It is not something you can figure out as you go along.  There are death qualified attorneys around.  If you want to seek the death penalty, then afford these defendants qualified attorneys.  If you don't want to afford qualified attorneys, then just forego the death penalty.  Very simple.

    Parent
    Prosecutors are being stupid (none / 0) (#4)
    by txpublicdefender on Wed Jun 25, 2008 at 11:11:37 AM EST
    The prosecutors should keep their mouths shut on the issue of appointing other counsel.  Let the error, if there is going to be any, be made solely by the court.  If these lawyers are standing up and saying they are not qualified, and the judge orders them to continue, then I think they are ethically required to move to simply withdraw (assuming that's not what their current motion already is asking for), and if the court denies their request to withdraw, then they have made a very good appellate record.  Why in hell do the prosecutors want to try this case a third time?  That is exactly what they are ensuring if they don't get qualified counsel for this guy.

    The idea that a court would find attorneys who have never even tried a non-capital murder case to be qualified to try a capital murder case where the government is seeking death is beyond ludicrous.

    This is beyond idiotic (none / 0) (#5)
    by Carolyn in Baltimore on Wed Jun 25, 2008 at 12:35:25 PM EST
    The man got a second trial because the first set of attorneys was unqualified. So they do it again?
    This is a waste of taxpayer dollars and I can only imagine that they want to look tough w/out actually imposing death.

    Soldiers Facing Death Need Experienced Lawyers | 5 comments (5 topical)

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