Working for Free: Lawyers finding death row work demanding

Working for Free: Lawyers finding death row work demanding

Death row inmates

Lawyers

Defense (Civil procedure)

The article describes how when looking to defend a inmate on death row a lawyer could be working around 18 hours a day for three to four weeks. It also alludes to how important it is that these lawyers continue to do this work as 50% of death row decisions are revoked. In order for the American justice system to be as fair and effective lawyers need to defend the men on death row in order to give them a fair chance as many of them face poverty and cannot afford them. Although these lawyers face long hours and arduous work, most find it rewarding and are proud of saving the lives of their fellow man.

Blankenship, Gary

The Florida Bar News

HIST 298, University of Mary Washington

1985-05-15

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One day early last July, Gregg Thomas of the Tampa branch of the Holland & Knight law firm, flew to Tallahassee to discuss the death appeal case of Jimmy Lee Smith, who was scheduled for execution in 10 days.

Those 10 days wound up being filled with hectic activity and Thomas reckons for the last five, he had only five hours sleep. But he and other lawyers, signed up at the last minute and working for free, won a stay which led to a full review of Smith's case before the 11th Federal Circuit Court of Appeals.

That review, argued in February, is still pending.

Thomas K. Equels, of Greenberg, Trauig, Askew, Hoffman, Lipoff, Rosen & Quentel of Miami, is used to handling complex commercial civil cases. Recently he found himself going door-to-door in a Pompano beach ghetto trying to get new evidence for David Gorham, another death row inmate. Like Thomas and other attorneys working on the Smith case, he was not being paid.

But he found an eyewitness who claims that David Gorham did not commit the murder he was convicted and sentenced to death for. Equels is preparing appeals and for a clemency hearing based on the new evidence.

Michael Mello, an assistant public defender in Palm Beach County, spends his working days handling criminal appeals for convicted murderers facing the death penalty. He spends his off hours advising civil attorneys who have volunteered to handle capital collateral cases for indigent death row inmates.

He recently spent a weekend at his office, while his parents were visiting from Washington D.C., reading a case history and preparing a summary for a volunteer attorney. He has spent considerable time helping lawyers on two separate cases and has given advice on several more cases.

All three lawyers are part of the Florida Bar's program to provide pro bono attorneys for indigent death row inmates, especially those facing imminent execution. James C. Rinaman, Jr., of Jacksonville, chairman of the Bar's Special Committee on Representation of Death Sentenced inmates in Collateral Proceedings, said the volunteer attorneys face a difficult, expensive and time consuming job for which they will receive little thanks. But he also said it is a necessary task to uphold the principle that everyone, including death row convicts are entitled to lawyers throughout every step of their appeal and that due process should be accorded everyone.

Rinaman estimated the average capital collateral case requires 500 to 1,500 hours of work, and can cost from $10,000 to $18,000 out-of-pocket costs. "The more successful you are, the more time it takes." he said.

Lawyers taking the cases can expect little but long hours, high expense and practically no public sympathy for their action, Rinaman said. But the job does have satisfactions.

"It's a highlight of their whole professional life." he said. "It's the most important thing they've ever done, all they've done before is represent Continental Can, General Motors or Southeast Bank. This is about the highest professional contribution yo can make."

Only about 100 lawyers in Florida are qualified on their own to handle the capital collateral cases, Rinaman said; consequently the Bar program includes providing advisers and research backup, through the Volunteer Lawyers' Resource Center at Florida State University and Stetson University, to help volunteers.

Mello, Thomas, and Equels all gave different motives for their involvement.

"The ones I've talked to feel it's wrong to kill people without lawyers. It think it's real gross to kill people period." Mello said, adding he jumped at the chance when Palm Beach County Public Defender Richard Jorandby offered him a job handling criminal death appeals.

"We supposedly have this system...that;s supposed fair and it isn't . One of the main reason it doesn't work is because of the poverty of people who wind up on death row," he said. "A number of them (volunteer lawyers) who start out don't start as ideologies against the death penalty, but after a few time around. It changes them."

One shock to the lawyers, largely used to handling civil cases, is poor treatment in some courts and from prosecutors seeking to hasten the executions, he said.

"I feel good about what I do," Mello said. "I can't think of many other areas in life where I do something where I'm this certain I'm on the right side. I think the death penalty is wrong."

Mello handles no collateral appeals directly, instead advising the other volunteers, who he noted frequently face a monumental task.

"If they take it when a death warrant is signed, it's a huge commitment right up front, it's 18 hours a day for three or four weeks," he said.

A memo written by Thomas last summer outlined some of the rigors he and other faced after taking a case only 10 days before the scheduled execution. The attorneys present the first week, including working through the 4th of July, working long days preparing memos and briefs for appeals.

The memo noted the lawyers believed they uncovered substantial new arguments and legal points, only yo have their appeals denied at he trial court and federal district court level with only cursory hearings. Thomas noted the attorney team was greatly demoralized before the 11th Federal Circuit Court issued a temporary stay, which was immediately and unsuccessfully appealed to the U.S. Supreme Court.

The stay led to the current hearing. Thomas said Holland & Knight agreed to get involved in the cases to guarantee inmates were represented.

"We didn't take the Jimmy Lee Smith case because we're against the death penalty, we took it because a person who was going tot pay the ultimate price deserved to have due process," he said. "I guess we decided as an obligation to the Bar and an obligation to the system of justice that we give some back."

He agreed with Mello the death cases vary greatly from the normal civil cases he handles, and that judges can be harsher on lawyers representing capital clients, especially in the lower level of courts.

"There's a great deal of emotion involved for a judge trying a death case. The further you are removed from that, the less emotion there is," Thomas said.

He added, "The tribulations (of handling a death case) are knowing that someone's life is essentially in your hands and you have to do the very best you can. The reward is when (and if) Jimmy Lee Smith dies, Gregg Thomas and his partners at Holland & Knight will know everything that could be done was done."

He also said the work was important because on average 50 percent of the death appeal cases in the 11th Circuit Court of Appeals are eventually reversed.

Thomas was one of two Holland & Knight attorneys (the other was Julian Clarkson of Tallahassee) along with several law firm clerks who worked on the Jimmy Lee Smith case with Attorney Sarah Bicakley of Tallahassee.

Like Thomas, Equels got involved because Greenburg, Taurig decided the firm should help on death appeal cases. But unlike Thomas, Equels, who is working with Alan Dimond and being advised by James McGuirk and Joseph Beeler, became involved early in David Gorham's appeals, well before his clemency hearing and with no death warrant signing in sight.

"We're doing it because we have an obligation to the Bar and the community to provide this kind of service to death row inmates needing attorneys," he said.

This case took Equeis from his normal civil litigation to knocking on doors in a Pompano Beach ghetto.

Noting Gorham's attorney presented no evidence in his trial, Equels said, "We did a pretty thorough investigation and found an eyewitness who said he (Gorham) didn't do it. He entirely deserves representation under those circumstances.

"I feel very strongly that he's innocent and I feel very strongly that the worst kind of miscarriage of justice may have taken place."

That belief also provides Equels with an extra motive. "If you don't succeed, a man may die who shouldn't die," he said.

Besides the appeal work, Equels is also preparing for Gorham's clemency hearing this summer.

Despite the intensity of the work, the lawyers said they would be willing to tackle another death row case, but perhaps not right away.

"I think I might need at least a year to rest," Equels said with a laugh. Thomas said, "I don't think I would ever have two death cases at one time, but I would do it again because it's (law practice) a system of justice, besides a money making process."

They also did not think their pro bono service is highly unusual. Thomas said Holland & knight has a policy that its attorneys should donate 10 percent of their time to free work and community service. Equels and Greenberg, Traurig has a history of pro bono and community work.

Rinaman said over half the attorneys in his firm, Marks, Gray, Conroy & Gibbs, do regular pro bono work. "I think the answer is all lawyers do things like this; this happens to be a highly visible one," he said.

And quoting 11th Circuit Court Chief Judge John Godbold, Rinaman said that visibility comes with long hours, high expenses and misunderstanding and criticism from the public and even the client.

He continued with Godbold's words, "You'll find yourself involved in as difficult and demanding a case as you've ever been in... when its over, you will stand a little taller in your profession."

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Williams, Megan