Public Defenseless - podcast cover

Public Defenseless

Anyone paying attention can tell you that our criminal legal system is perpetuating cruelty and harm, but the complexity of the legal world overwhelms most people simply trying to get through another day. Public Defenseless explores the rot in the justice system and what we can do about it. Join host, Hunter Parnell, as he interviews top defense attorneys and criminal justice stakeholders from across the country as they pull apart the convoluted web of our criminal justice system. Like so many of you, Hunter is not an attorney, simply tired of a news cycle and talking heads that offer no real solutions to the ever-growing list of problems we face. Hunter hopes that with this information, you will share his belief that ordinary people still can make a difference.
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Episodes

115: Is There a Better Way to Provide Public Defense w/James McDermott and Paul Chambers

Today, Hunter spoke with James McDermott and Paul Chambers, two Public Defenders from the Far West Texas Office, to discuss their vision for a better model for Public Defense Delivery. According to the ABA and basically every Public Defender organization, vertical representation is what all offices should strive for. Under this model, attorneys handle every aspect of the case from first appearance to disposition, but is this really the best model available? In their office, James and Paul have m...

May 04, 20231 hr 8 minEp. 115

114: How A Coalition of Prosecutors, City Attorneys, and Public Defenders Produces Better Working Conditions w/Alexandra Pray

Today, Hunter sat down with Alexandra Pray, Deputy Public Defender in San Francisco and Board Member of the Public Defender Union, to discuss the unique arrangement the City Attorneys, Prosecutors, and Public Defenders have in SF. When we’ve discussed Public Defense Unions, we ordinarily hear about coalitions of Public Defenders and sometimes all staff members coming together to advocate for better conditions, better workloads, and better pay, but in San Francisco, Public Defenders have a strang...

May 02, 20231 hr 7 minEp. 114

113: A Broken Legal System, A Lack of Health Care, and How the US Keeps Puerto Rico Under its Thumb w/Diego Alcala

Today, Hunter spoke with Diego Alcala, a criminal defense attorney in Puerto Rico, to better understand the challenges the island faces in the criminal legal system. From years of experience as a criminal defense attorney in Puerto Rico and other parts of the United States, Diego cuts through the complicated legal layers to get at a core issue plaguing Puerto Rico: For more than a century, the island has been subjected to the whims of the United States, and the lack of self-determination, access...

Apr 27, 20231 hr 5 minEp. 113

112: How Mitigation Confronts the Biases of Jurors, Judges, Prosecutors, and Public Defenders w/Victoria Rusk

“Well I grew up poor and I didn’t go off committing crimes!” Arguably, this is the most common response those that work in the field of mitigation hear when they are trying to explain what mitigation is. To tackle this question and discuss take another look at the importance of non-capital mitigation, Hunter spoke with Victoria Rusk. She is a mitigation expert, author, and founder of Mitigation University and Heart of Justice, and on today’s episode, Victoria and Hunter take another deep dive at...

Apr 25, 202359 minEp. 112

111: A New Path for Public Safety in San Francisco w/Mano Raju

If you spend anytime watching news in the past 3 years, you have likely heard about San Francisco. Normally, that conversation revolves around the state of public safety in the city, and often, it is presented from the perspective of progressive prosecution. Today, Hunter had on Mano Raju, Chief Public Defender of the San Francisco, to give a different perspective on the path forward for public safety in the city. As an elected official, Mano is uniquely situated to speak with community leaders ...

Apr 20, 20231 hr 32 minEp. 111

110: The Paper Prisons that Keep Millions of Americans From a Second Chance w/Colleen Chien and Alyssa Aguilar

For more than one-third of a Americans, there is a record of their interaction with the criminal legal system. These records and the bureaucracy that controls them help make up a powerful paper prison that stops millions from ever accessing a meaningful second chance. Today, Hunter spoke with Professor Colleen Chien and Alyssa Aguilar about the Paper Prison Initiative to understand the problem. In some cases, people simply do not know how to access their second chance. In others, there are inten...

Apr 18, 20231 hr 9 minEp. 110

109: What are a Lawyer's Ethical Obligations to Society? w/David Siegel

Today, Hunter spoke with David Siegel, Professor of Law and Director of the Center for Law and Social Responsibility at New England Law, to discuss the ethical and social obligations of attorneys. Specifically, Hunter and David unpack the ways in which law schools are failing to educate and equip future lawyers with an understanding of a practical understanding of the law. Law school does a wonderful job of teaching students the theory of the law, but in failing to show the ways the theory falls...

Apr 13, 20231 hr 9 minEp. 109

108: One Investigators Efforts to Revitalize Public Defense in Barron County, Wisconsin w/Felicia Tempel

Today, Hunter spoke with Felicia Tempel, Senior Investigator in the Barron County, Wisconsin Public Defender Office. As with all of the episodes covering a smaller Public Defender Offices, today’s show is all about understanding the challenges that similarly cash and personnel regions of the country face in trying to create vibrant Public Defense Offices. If you will recall my episode on the lawsuit facing the state of Wisconsin, rural Wisconsin is struggling to get enough resources for contract...

Apr 11, 20231 hr 6 minEp. 108

107: Non-Capital Mitigation and the Quest to Inject Empathy into the Law w/Lindsay Bendell

Today, Hunter sat down with Lindsay Bendell, LCSW Forensic Social Worker & Mitigation Specialist, to discuss the importance of non-capital mitigation. The concept of mitigation is a commonly known part of capital cases. In practice, mitigation are often some of the most important factors in getting someone a sentence of life over death. With that said, mitigation is almost unheard of in non-capital cases. Lindsay is hoping to change that. On today’s episode, Hunter and Lindsay talked about t...

Apr 06, 202351 minEp. 107

106: How Unionization Enables Public Defenders to Get Victories in and Out of Court w/Garret Miller and Brooke Longuevan

Last week, Hunter spoke with LA County Chief Public Defender Ricardo Garcia to discuss the state of Public Defense in LA. Today, Hunter sat down with two Public Defenders, Garret Miller and Brooke Languevan, to get the LA Public Defenders Union perspective on the same question. While the two sides may not always agree on the best way to address the issues plaguing the offices, they both recognize the pressing need for more people, more funding, and a dramatic reimagining of the role Public Defen...

Apr 04, 20231 hr 9 minEp. 106

105: Why it is so Difficult to Get the Innocent out of Prison w/Daniel Medwed

In theory, the criminal legal system is designed to find the truth of a matter. In reality, the legal system has been sometimes intentionally and sometimes unintentionally constructed to be as efficient as possible while maintaining its institutional integrity. From plea deals to Executive Clemency, the legal system is often cruelly efficient at convicting the innocent and keeping the innocent looked in prison for decades. Why is that? Today, Hunter sat down with Professor of Law, Daniel Medwed,...

Mar 30, 20231 hr 7 minEp. 105

104: Unlocking the Potential of Public Defense in LA County w/Ricardo Garcia

More than 100 years ago, the first Public Defender Office opened in LA County thanks to the dedication and hard work of Clara Foltz. From that point on, the office grew into the largest office in the country. Today’s guest, Ricardo Garcia, is the current Chief Public Defender of the Office and responsible for figuring out how to unlock the potential of the office. On top of the massive geographic and population challenges of providing Public Defense to LA County, Ricardo must also battle with th...

Mar 28, 20231 hr 7 minEp. 104

103: How Public Defense is Failing in the West w/Emily Hamer

Far too often, the injustices of our legal system go without media attention. This is exceptionally true when it comes to media coverage of the failings of Public Defense. Thankfully, there are a few intrepid investigative reports trying to bring to light the Public Defender Crisis. Today, I spoke with Emily Hamer, Investigative Reporter for Lee Enterprises’ Pubic Service Journalism, to discuss her coverage of the Public Defender crisis in Western States in the seven part series “Broken Defense”...

Mar 23, 20231 hr 10 minEp. 103

102: How the Delaware Law Enforcement Bill of Rights Keeps Cop Misconduct Hidden w/Kevin O'Connell, Misty Seemans, and Elliot Margules

When you hear the phrase “Bill of Rights”, you like envision the first 10 amendments of the U.S. Constitution. You may conjure up the many individual liberties that are protected by that bill of rights as a way to limit the power of the government, but in some states, the government has its own bill of rights. Today on the show, Hunter spoke with three Public Defenders from the state of Delaware to discuss their law enforcement bill of rights. Kevin O’Connell, Misty Seemans, and Elliot Margules ...

Mar 21, 20231 hr 36 minEp. 102

101: Reflecting on Gideon v Wainwright, the Past, Present and Future of Public Defense w/Justine Olderman and Wes Caines

60 years ago, Clarence Gideon changed the legal landscape of America forever. Thanks to his self-written petition to the Supreme Court, it was finally recognized at the federal level that any person charged with a felony who cannot afford to hire was entitled to one under the 6th Amendment. Soon, that right would be extended to a person facing any possibility of confinement, and thus, our modern understanding of Public Defense was born. On today’s episode, Hunter spoke with to members of the Bro...

Mar 17, 20231 hr 18 minEp. 101

100: Do Sex Offender Registries Make Us Safer? w/David Garlock

Today, Hunter spoke with David Garlock, a formerly incarcerated and current criminal justice reformer, to discuss how David’s journey from victim, to prison, to life after prison has landed him advocating to end sex offender registries. As a child, David endured nearly a decade of child sexual abuse. Eventually, he and his brother sought revenge against the man who committed the acts, and they made the decision to murder that man. David and his brother would go on to be convicted of murder and s...

Mar 16, 20231 hr 9 minEp. 100

99: There is no Public Defense Without Investigators w/Jon Lyon

On today’s episode, Hunter spoke with Jon Lyon, the Investigator Resource Coordinator for the National Association for Public Defense, to talk all things investigator related. As Public Defense is focused on the practice of law, it makes sense that most of our conversations are lawyer centric, but part of the role of this show and of the NAPD is to remind everyone involved in Public Defense that it takes an entire team of people to represent someone. You may be the best lawyer on Earth, but if t...

Mar 14, 20231 hr 15 minEp. 99

98: Making the Case for the Abolition of Court Fees w/Priya Sarathy Jones

Previously on the show, Hunter spoke with Marea Beeman about the dangerous fines and fees that make “free” attorneys decidedly not “free”. Today, Hunter sat down with Priya Sarathy Jones, Deputy Executive Director of the Fines and Fees Justice Center, to do an even deeper dive on the hidden costs that come with any interaction with the legal system. Since the Reagan administration, local communities, starved of federal support, began using the legal system to generate revenue. From that point on...

Mar 09, 20231 hr 12 min

97: A Reason to Hope for Connecticut Public Defense w/TaShun Bowden-Lewis

Taking over a Public Defender System requires one to understand the greatest weaknesses of the system. For TaShun Bowden-Lewis, one of those is a sever lack of outreach from the Connecticut Office of the Public Defender Office. While it will not happen overnight, TaShun hopes that by achieving her three main goals she will be able to transform the state wide system into one that is at the forefront of reshaping public safety policy. From innovative ideas for external affairs to caring for the we...

Mar 07, 20231 hr 9 minEp. 97

96: How to Include the Formerly Incarcerated in Public Defense w/Anthony Graves

After spending 18 years behind bars for a crime he did not commit, Anthony Graves hopes he can start a movement of getting more people with experience with the legal system involved in Public Defense. As the Director of Community Outreach for the Harris County Public Defender Office, Anthony is helping to bridge the gap between Public Defenders and the clients they represent. With crushing caseloads and minimal resources, Public Defenders cannot always provide the type of care that each of their...

Mar 02, 20231 hr 3 minEp. 96

95: Why it's Time to Abolish Felony Murder Laws w/Nazgol Ghandnoosh

Normally in criminal law, intent matters. The intent of a person is one of the most critical features in determining how we will punish someone for a crime they committed. Then came the felony murder law. As a result of this law, people committing a felony that resulted in the death of another, no matter how remote that death may have been, were treated the same as someone who acted with the intent to kill someone. How this happened, the impacts of this harsh law, and what we can do about it are...

Feb 28, 20231 hr 5 minEp. 95

94: Where Will Maryland Public Defense Go With A New Chief Public Defender w/Natasha Dartigue

Today, Hunter spoke with the newest Chief Public Defender for the State of Maryland, Natasha Dartigue. Throughout her career, Natasha worked in every imaginable part of the Maryland Public Defender system. As such, she is acutely aware of the strength, weaknesses, and challenges she will face as she leads the office into the next decade. As with all of the conversations we have with leaders of a state wide Public Defense system, Natasha brings with her a vision for a safer, more vibrant communit...

Feb 23, 20231 hr 5 minEp. 94

93: Why it is Time to Move Away from Assigned and Contract Public Defense Models w/Eve Primus

For somewhere between a third and a half of indigent people accused of a crime, they will be given either an assigned or contract Public Defender. Today’s guest, Professor Eve Primus, argues that we must move away from that contract model of Public Defense. After years of research and writing, Eve is positive of one thing: to ensure everyone accused of a crime who cannot afford an attorney is provided competent representation, we must make full time Public Defense Offices the standard delivery m...

Feb 21, 20231 hr 32 minEp. 93

92: The Important Role Public Defense Played in New Jersey Bail Reform w/Joseph Krakora

For some reason, people forget that long before New York or Illinois ended cash bail, New Jersey successfully eliminated cash bail. As Joseph Krakora shares on today’s episode, that initiative came, in part, because Public Defense was valued enough by local politicians to be a major voice in shaping criminal justice reform. With more than a decade as the head of the New Jersey Public Defender System, few are better situated to share the story of bail reform and Public Defense in the state of New...

Feb 16, 20231 hr 10 minEp. 92

91: If Iowa Public Defense is About to Collapse, What is Happening in Juvenile and Immigration Defense w/Rachel Antonuccio and Julia Zalenski

While the main focus of the podcast is the representation that adults receive in felony and misdemeanor cases, there are countless other areas of law where indigent people need the help of attorneys. There are few states capable of providing the resources and care necessary to create a functioning public defense system for adult representation, so we shouldn’t be surprised when things like Juvenile and Immigration representation fall to the wayside. Iowa is no exception. Recently, the Chief Just...

Feb 14, 20231 hr 11 minEp. 91

90: In Order to Review Hours of Video Evidence, Public Defenders Need New Tech w/Devshi Mehrotra

In a good faith effort to hold police accountable, states and counties around the country started mandating that police wear body cameras at all times. When they or on or working, they offer a powerful source of evidence at the misconduct of officers. There is just one problem: With Public Defender Offices in crisis around the country, do they actually have the time to review hundreds of hours of video evidence in every case? That answer, for a long time, was no. That’s where Justice Text, and o...

Feb 09, 202359 minEp. 90

89: How to Pass on the Lessons from a 20+ Year Public Defender Career w/Andre Vitale

With the grueling nature of Public Defense work, it takes a special combination of internal and external motivations to navigate a 20+ year career in the field. Today on the show our guest, Andre Vitale, shares with us how he managed the highs and lows of working in Public Defense in three separate states. When his career started, Andre served as a line defender in the Monroe, County Public Defender Office in Rochester New York. After more than a decade there, Andre spent a year in King County W...

Feb 07, 20231 hr 10 minEp. 89

88: The Most Important Public Defense Victories Don't Happen in the Court Room w/Sam Allison Natale

When we think of zealous Public Defense, we often think of triumphant victories in the court room, but today’s guest wants Public Defenders to realize their greatest victories must come outside of the court room. Joining Hunter today once again is Sam Allison-Natale. He is the Executive Director of the Kansas Holistic Defenders, the only holistic public defender office in the state of Kansas dedicated to representing only misdemeanor clients. Unlike most states, the Kansas Public Defender system...

Feb 02, 20231 hr 6 minEp. 88

87: How to Make the Case for Public Defense in a Conservative State w/Diane Lozano

Today, Hunter spoke with Diane Lozano, the Wyoming State Public Defender, to discuss how she’s been able to secure support for Public Defense in the challenge political landscape of Wyoming. With more than a decade at the helm of the state’s public defender system, Diane’s use of data and public advocacy has allowed her to maintain support through multiple state Congresses and Gubernatorial administrations. Despite the turmoil that comes with changing faces of a constantly rotating political bod...

Jan 31, 20231 hr 11 minEp. 87

86: The Resurrection of New York Public Defense w/Patricia Warth

For decades, activists, scholars, and attorneys decried the state of public defense in New York. Report after report uncovered a broken system that underpaid public defenders and contact attorneys alike as the state shirked its responsibility to adequately support the counties in their effort to provide counsel to the poor. Even after a landmark study, mandated by the state’s chief justice, it would take another decade and a lawsuit from the NYCLU, to finally start the process toward reform. For...

Jan 26, 20231 hr 20 minEp. 86
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