Me On Monday Musings?!?!

Hot damn! It's my turn on Monday Musings! Thanks again to Greg at PD Stuff for letting me be the featured interview this week and for the nice words, I'm glad we're both working on the same side! Oh, and just for your information I AM working on improving my love life!

2 Steps Forward And 3 Miles Back

An investigator accused of fabricating interviews?
Shit.

Brought to my attention by Greg over at PD Stuff, I was reminded again of the investigator accused of fabricating the aforementioned interviews.

Meet investigator, Kathleen Culhane.

She was not working for a public agency at the time of her arrest but she was working for a law firm and was not required by California law to be a licensed Private Investigator...so yes, she WAS working without a license although every moronic newspaper is calling her a Private Investigator.

This story came to light last year but seeing as she was recently in arraigned in Sacramento Federal Court, I am revisiting the story, as reported in the the San Francisco Chronicle:

A former criminal defense investigator was charged Wednesday with forging statements from jurors, witnesses and others during appeals of four death penalty cases, in what state prosecutors called "one of the largest frauds on the justice system in California history."

Kathleen Culhane, 40, pleaded not guilty in a Sacramento court to 45 criminal charges. She turned herself in Monday night and will be released from jail after posting $50,000 bail, probably by Friday, said her lawyer, Stuart Hanlon.

The Habeas Corpus Resource Center in San Francisco (Where Culhane was employed for a few years) recently conducted an in-house investigation and made the following press release:

San Francisco, CA, November 17, 2006 — In February 2006, the Habeas Corpus Resource Center (HCRC) became aware of allegations that Ms. Kathleen Culhane had prepared and submitted fraudulent declarations to counsel for Michael Morales. Ms. Culhane was employed by the HCRC as an investigator between October 2001 and June 2005. At the time Ms. Culhane joined HCRC she was an experienced, highly-recommended capital case investigator. Ms. Culhane’s work product was regarded as being of high quality, and HCRC has had no indication that the information she obtained on behalf of HCRC clients could be subjected to valid criticism.

Nonetheless, the HCRC determined that it is essential to conduct a review of Ms. Culhane’s work product that she submitted on behalf of three HCRC clients. This review has included interviewing every witness from whom Ms. Culhane purported to have obtained a declaration in the three cases to which she was assigned. As a result of our investigation, we have determined that numerous witness declarations that Ms. Culhane purported to have obtained were, in fact, not signed by those witnesses. Immediately upon learning of these circumstances, the HCRC notified the California Supreme Court and the Attorney General and withdrew the declarations from the California Supreme Court’s consideration. Throughout this process, the HCRC has cooperated with the state’s investigation, while ensuring that the rights of HCRC clients are protected.

I have never worked with or met this woman in my life. I had also never heard about her before all this fraudulent declaration business went down. I have no doubt that in a really fucking twisted way, she felt she was helping her client. I mean, when the penalty is death, shouldn't it be No Holds Barred and do what you have to do to keep another life from being lost?

No....and Yes.

You should fight for your client until your eyes and hands bleed and you should always fight within the guidelines of the law. Fabricating declarations/interviews is obviously unethical, at the very least cowardly, and mostly...it could end up costing someone their life.

If Culhane is guilty of what she is accused of doing (I hope none of the allegations are true), it sends our image and cause back into the stone age...one might argue that we're already losing the battle against the death penalty why should this hurt?

Well, when it causes witnesses to think twice about talking to us in the field because they can't trust that we won't twist their stories around, when a member of a jury has it in their head that when we (defense investigators) testify, it's known that we'll do anything (legal or illegal) to get a client off and we can't be believed...you get the idea. It will hurt us all.

This Culhane matter is not going to be the end of us PDI's or PI's. We still have work to do and we still have to keep doing it with as much integrity as possible. When in doubt, talk to your attorney about ethical questions or dilemma's, talk to your Chief Investigator about ethical questions and dilemmas. Consider running some training in your office regarding situations you'll run across in the field, in the office with headstrong attorneys and maybe even situations in which you run across an unethical investigator.

Have a good weekend everyone!

2007 Capital Case Defense Seminar - Monterey, California

Ahhh....Beautiful Monterey, California.

It's home (once a year) to the Capital Case Defense Seminar which started last Friday and concluded on Monday. I've talked to a few people that attended and for the most part, everyone thought it was a fairly decent conference (compared to years past).

I will agree with a few other investigators that say they were a tad bit disappointed with the workshops.

Of course the CCDS is based around the defense of Capital Cases, It kind of feels like a lot of the workshops were geared mostly to attorneys and Mitigation Specialists (they can't stand being confused with Investigators).

I was really bummed that they got rid of the Investigating Snitches workshop that was held in years past by a great Defense Attorney, Charles Sevilla (out of San Diego I believe). I've created my own Snitch Manual in the last few years but I'm always looking to add to it and update it.

A few of the sessions really needed to be tightened up a bit and although I got a few nuggets of really good information, I was just not knocked out like I've been in years past. Still, if you work Capital Cases or heavy felonies anywhere in the US, this is a highly recommended conference in one of my favorite areas of California.

In non-conference related info, Monterey did not disappoint. The food was incredible (I will forever return to Passionfish), coffee in the local shops was tasty and invigorating, the wharf and surrounding beaches were fantastic (maybe a bit chilly towards Monday), catching up with old friends is always a great way to spend the weekend, and even the protesters out in semi-full force were enthusiastic AND in the right place!

You can check out the website for the CCDS here. If I can confirm that you work for a Public Defender office in the US and you see something in the seminar program that interested you, I might be willing to email you copies of the handouts provided via CD Rom.

A Really Interesting Search Query

I glanced at some searches that people did that brought them to my blog and I stumbled across the following:

is it ok to sleep while in alameda county court?

Ummmm...I'm not a Calfornia Lawyer, licensed to practice law but I'm gonna have to say NO, mmmkay?

Whoever you are, I hope this has helped you if you do that search again.

For anyone else, please swear to me you won't fall asleep in court! Sleeping in court is never a good thing...no matter who you are!

I Survived V-Day...Did You?

I did it.

I survived V-Day relatively unscathed.

I got to spend a little quality time with myself and a certain loved one who will always remain unnamed.

Well, I'll give you her last name....Sauvignon. Yup, she was a red head and I loved her from beginning to end. The great thing was that when I was through with her, I was just able to toss her away. I'll probably find another one this weekend to share some good times with and odds are that she too will be tossed out with the rest of them.

Yeah, I have problems.

So, it's that time of the year again for the annual Capital Case Defense Seminar in Monterey, California! I of course, may or may not be there and I may or may not be blogging from there.

As I say every year, I love going to this conference. It's great to be surrounded by incredibly dedicated people who are all working towards a common goal...defeating the death penalty in court and in society.

More later, I have some reports I have to write before I may or may not go to the conference.

V-Day...The Final Battle

Ugh, it's V-Day...again.

My fellow singles...please put on your helmets, leather gloves, and body armor because if you dare go out in public tonight you will be bombarded with sights and sounds of couples in love and all the crap that goes along with it.

It's actually not a bad night to go out if you're single. You know, If you just want to go out for a good time. There are plenty of women (sprinkled throughout with a few men) who would be happy to share a few drinks with you, share some laughs, pretend that you know each other better than you do, then maybe take a cab ride to (hopefully) their place in the hopes of more good times, knowing full well that when you wake up in the morning, you'll try and leave as quietly as humanly possible, pretend the night never happened, and hope to G*d the same thing doesn't happen next year.

I'm bitter. I know it.

I'm in the same spot that I was in last year...very Girlfriendless.

Umm, I know that very few of you are wondering if Girlfriendless is really word right now. Most of you already know that the answer is...no, it is not, but today I am Girlfriendless, and I can use the imaginary word as I see fit...at least until 12:01am on February 15, 2007, when we can thankfully put away V-Day until next year when I can stew over what I'm missing in my life again.

If I did have someone that I could call my girlfriend, I wouldn't spoil them just one day a year. Everyday would be V-Day.

Why not send someone you care about a nice card once a week?

Why not hug the person you love every day and just tell them you love them?

Why not kiss your loved one with the same passion and fever that you had when you kissed the very first time?

Why not surprise the person you love, with just your time and attention?

Yeah, its cheesy.

I need a drink...anyone wanna share one?

Monday Musings Debut!

In case you didn't wander over to PD Stuff on Monday, please head on over there now and check out this weeks debut of the weekly, Monday Musings featuring David Feige of Indefensible.

My favorite question:

Speaking of burnout, what advice would you give young public defenders whose ideals and passion are hitting or are about to hit the wall of the daily realities of the job?

My favorite part of the answer (last paragraph):

The problem is that with all that volume, with all those decisions, you will screw up. It’s inevitable. Every public defender is going to make mistakes, and those mistakes are going to take a terrible, inexcusable, and unforgivable toll on the lives of the clients you love. It’s just going to happen. You will err, and someone will go to jail because of it. Somehow, to survive in the work, you need to find a way to forgive the unforgivable, to accept and acknowledge that you’ve screwed up, and recognize the price of that screw up without becoming so paralyzed that you can no longer do the work. As bad as you may think you are, clients need you—they are desperate for decent lawyers. Don’t be your own worst enemy. Forgive yourself—or you’ll burn out in two years.

So simple, yet so friggin true...I need to print this last part out and hand it out to some of our new attorneys.

123txpublicdefender123 from Injustice Anywhere is next weeks featured blogger. Do what I didn't do (and should've) last week and send in any questions you might have!

Cured!

***ANOTHER Non-Investigation Related Post***

So, the major tool in the photograph above (Ex-Rev. Ted Haggard) has been "cured" of his pesky homosexuality and is now "completely heterosexual, " after it was discovered that he had carried on a 3 year affair last year with another man...oh, and he was supposedly cranking it up with Meth.
Thank the heavens for a simple cure!!!

You know, if these magical minstiries can help a person rid themselves of homosexuality...maybe we can get them to cure other medical problems? Our governments should start funneling our millions of dollars in tax and donated cash away from those cutting edge laboratories and testing facilities in favor of the New Life Church Ministry. Judging by what they did to Haggard in three weeks, they should have Cancer and Aids knocked out in at least a month.

Monday Musings

Once again, Greg over at Public Defender Stuff is doing something really cool on his blog.

Starting next Monday (FEBRUARY 12, 2007), Monday Musings makes its debut at Public Defender Stuff. The first featured guest is ex-Public Defender/Author/Blogger, David Feige of Indefensible....make sure to check it out next Monday.

Do you think that all of Greg's hard work is possible without the readers help?

Well...actually, it probably is BUT you can still get involved by emailing him with some interesting questions for next weeks featured writer, check out PD Stuff's informational post for more details.

Toilet Paper And The Plural Of Turkey

Posting has been sporadic.

I know it.

Mostly its been because I've been grinding through cases with no end in site, I've been deathly sick, and maybe I'm still bummed out a little about the idea that my Chargers won't be playing in the super bowl next week (I know, I know....get over it), or...

It could be that I'm still reeling from the 2006 Public Defender Blogger Award I won earlier this month?!?!? (Fist pumping) Yes!!!

Just wanted to bask in the limelight one last time...moving on now!

TOILET PAPER

I had a conversation on Google Talk with an ex-blogger friend from Arkansas, many of you remember her as Melissa or I think I had her link as Me Saw You...something along those lines.

We covered several subjects including the topic of....Toilet Paper.

The toilet paper topic hit close to home because it reminded me of something that had happened to me a while back that really stuck with me.

Specifically, I'm talking about buying Toilet Paper.

I went to a local Rite-Aid late one weeknight looking for some shampoo, deodorant, shaving cream, and good ole fashioned toilet paper.

As I was searching through the 8 million shampoo bottles in the entire row of hair care products, I ran into this attractive brunette who also happened to be browsing the huge selection of hair care products. We gave each other a few knowing glances and started chatting up the fact that it was impossible to decide what shampoo/conditioner worked best and maybe if they (the mega stores) just sold shampoo labeled simply...Shampoo, one could enter a store and leave in under 5 minutes instead of the usual 15-20 minutes spent looking for crap I need.

She recommended a shampoo that I then stuck in my basket, thanked her and walked away to look for deodorant and shaving cream (in the same section). That was nice, she was good looking...Wow...she was REALLY good looking. Nice hair too.

Now, picking a deodorant and shaving cream isn't such a big deal for me because I have purchased the same shaving cream and deodorant since I first sprouted hair on my face as a young teen, and I realized that everyone in my junior high class was using deodorant after gym class.

I was in the toiletries section for about 10 seconds when who walks around the corner? That's right. The attractive brunette! Well, well, well...looks like there might be something happening here! Woo hoo! Okay, stay cool, don't say anything stupid and you'll be okay. Me and the brunette talk for about 5 minutes, she talks about what she does for a living and I complain that the parking spaces are too small in the parking lot....don't ask.

We part ways again, and since I know that she is going to be headed to the cashier very soon so I move quickly to the TP section of the mega store so I can "run" into her at the checkout line and walk her out to her car to close the deal.

I'm not particular about my toilet paper, I just don't want to spend an arm an a leg on something thats going to get flushed down the drain anyway. I picked up a 6 pack of some generic TP and as I glanced up I noticed that there was like a 32 roll pack (I don't remember if it was 32 exactly...I just know it was bigger than the 24 roll pack)of the same TP for just a few more bucks.

Oh, hell yes! More bang for my buck! Sweet Jeezus, this fucking 32 pack is tremendous AND awkward as hell, its nowhere close to fitting in my basket...I should have pulled a shopping cart. Oh well. So, I stick this massive block of toilet paper which my left arm can barely hold and I waddle over to the check out line and move in behind my future wife the attractive brunette who is opening her tiny little purse and getting ready to pay.

As I began to think of something witty to say, she looks over at me with this greatest smile and a twinkle in her eye which all disappears when she looks down at my feet where I've set my massive plastic bag blog of TP and says, Jeez, that's an awful lot of toilet paper, you know they sell smaller packages.

Doh! Humiliated.

The brunette laughs. The stupid old checkout lady laughs. I think even the guy/woman that had gotten into line behind me snickered.

How did I respond? "Yeah, well...you never know" What? What did I just say? Why did I just say that...What? You never know when you are going to need 32 pack of toilet paper in one sitting? Why me.

The brunette bought her stuff and left. I bought my stuff and left, and I never saw her again...thankfully.

THE PLURAL OF TURKEY

I saw the weirdest thing the other day when I went to the store that I just needed to share with someone...I didn't talk about it at work or with friends because I didn't want someone I know to see this post and associate me with it.

I had this crazy urge for mineral water so I made a quick run to my grocery store (not where I purchase my toilet paper). As I was pulling out of the parking lot, I see an older woman driving by me lean out her driver's side window yell something at me. I think nothing of it. I wasn't in her way and I definitely didn't cut her off.

Turns out, she was yelling at me because these massive creatures were standing in the road around a dead friend that someone had run over.

There was a big herd or group (whatever you call them) of Turkey just chillin out on the grass near the road. A buddy of theirs was lying in the gutter. In my head I imagined they were waiting for their buddy to stop sleeping and stand up but it looked like he had been run over a couple of times...don't worry no photo was taken of the grisly scene.

I don't think I had ever seen Turkey('s?) this close-up before! I was really in awe of these massive birds.

I had to pull over and snap a few pics since it wasn't something I would probably see again soon...Turkey('s?) in the city. I also realized that they look much less appetizing when they're alive.

Umm, there was really no point to this story, I just wanted to share.