Holidays 2002 Volume 1, Issue 1

State of GRACE

The Gulf Region Advocacy Center (713) 869-4722

Special Announcements

• We have moved into our new office!

• We have two full-time interns from Australia!

• We have hired our first full-time staff person! Happy Holidays from the Gulf Region Advocacy Center!

Inside, you will find the first installments Our warmest thanks to: of what we hope will become regular The Texas Criminal Defense Lawyers’ features of our monthly newsletter: Case Association; The Harris County Criminal Updates, “Meet the Interns” and “Fall Lawyers’ Association; The Texas and from Grace.” But, I also want to use this Chapters of the ACLU; and The first edition to reflect on our short but Crisis Assistance Center. chaotic history and to thank the many folks who have made it possible. Several individuals must be mentioned by name: Jay Burnett; Rick Hagen; Troy The first six months of our existence McKinney; Cynthia Henley; Keith have been an amazing experience. Hampton; Robert McGlasson; Clive Individual Stafford Smith; David George; Annette Though GRACE had been in the Highlights: Lamoreaux; Richard Bourke; Alison planning for some time, the return of Myers; and Adaku Orgawu. Calvin Burdine [see story below] to Case Updates 1 Harris County for retrial instantly turned a Yet, we cannot rest on our laurels. We Meet Rachel & James 4 long term plan into a short-term foot must use this unique moment to: race. Initially, it looked like Calvin was in

Meet Irene Aguilar 5 for a repeat of his 1984 experience, until 1) Make sure that Calvin gets a fair trial. an amazing coalition of lawyers came Fall from Grace 6 2) Encourage the District Attorney not to together to make sure the retrial will be a seek death. fair fight. GRACE emerged from this 3) Use the momentum we have achieved process. to get GRACE off the ground. Calvin Jerold Burdine

Everyone has heard of “the sleeping lawyer For almost 20 years, the state of Texas case.” But, you may not know that Calvin defended this illegal conviction while was convicted after 12 hours of testimony Calvin lived under horrific conditions on and a 17 minute deliberation by the jury on death row, the victim of repeated the guilt phase. He was sentenced to death beatings and torture. Calvin’s co- by the jury after a penalty phase hearing defendant, on the other hand, served 8 which ran for just minutes and in which his years in jail and has now been released. lawyer made no submission on his behalf whatsoever. His lawyer made no objection Luckily, Calvin was represented by to the prosecution’s blatent use of Robert McGlasson in post-conviction. homophobia throughout the trial, and even Robert fought for Calvin for over 15 used disparaging ephitets against his own years and is still doing so. client. Page 2 of 6 Case Updates

Burdine, cont’d. However, with the help of many of you, In 1999 federal district court Judge “Mr. Burdine’s retrial we have at least slowed the death train. Hittner granted Calvin a new trial In a remarkable show of solidarity, the offers not only a second because his attorney had slept through Harris County Criminal Lawyer’s substantial portions of his trial. But, even Association unanimously voted to write chance for Mr. Burdine, then, the State of Texas challenged this an open letter to the Harris County but also a second chance ruling in both the 5th Circuit and the US Criminal Court Judiciary protesting Judge Supreme Court for the next two and a Huffman’s denial of Calvin’s Motion for a for this County to half years. Finally, on June 3, 2002, the Continuance [see excerpt in sidebar]. demonstrate that we are Supreme Court denied Texas= petition for a writ of certiorari without opinion. This letter, along with evidence collected not asleep on the job, that and submitted by GRACE demonstrating Calvin was quickly returned to Harris our courts do take the that Calvin was being treated differently County, where the judge immediately than any other capital defendant in rights of individual removed the lawyer who won the new Houston, resulted in a five month trial, and set the trial for October 7, 2002, continuance. While we still have a long citizens seriously, that our which would have been the fastest road to travel, this victory at least gives system does work most of capital trial in Harris County history. us a chance to get justice for Calvin. the time to effectively Protecting the Attorney/Client Relationship:

seek justice rather than “Bakesale Justice”for Calvin Burdine simply be expedient, and Public outrage at the notorious “sleeping jurisdiction, a decision which is being that when mistakes lawyer case” in part led the 2000 Texas appealed to the US Court of Appeals for legislature to enact the Fair Defense Act, the 5th Circuit. happen, as they will in establishing standards for the appointment of capital counsel and Although the authors of the Fair Defense any human endeavor, we providing funds to improve the quality of Act published an editorial clearly indicating are willing to redress indigent defense. [For a detailed that the Act was not meant to apply exposition of how that Act has been retroactively and not meant to be used to them. Instead, the events gutted by the Texas Court of Criminal upset existing attorney/client relationships, that have unfolded since Appeals, see the Texas Defender Judge Huffman continues to insist that she Service publication Lethal Indifference at is not permitted to appoint McGlasson. Mr. Burdine returned to www.texasdefender.org.] Harris County . . .have led Thus, regardless of the true spirit and Ironically, Judge Huffman has used the purpose of the Fair Defense Act, the us to believe that his Act to prevent Robert McGlasson, who Burdine case shows how elected judges has represented Burdine for the last 15 continue to show disregard for the quality of retrial may suffer from years, from defending him at the retrial. capital defense. some of the same Although he is a leading capital defense advocate, and clearly meets the Throughout these travails, no one has constitutional infirmities requirements of the Fair Defense Act, seriously challenged the proposition that

as the 1984 debacle.” McGlasson is not on the local Harris Robert is essential to Calvin’s defense. County appointment list. The Texas With little hope that the courts will ever Criminal Defense Lawyers Association appoint Robert, we must find an alternative ---Open Letter from the and the National Association of Criminal means to fund his participation. Even if we Defense Lawyers filed an unsuccessful must hold bake sales on the courthouse Harris County Criminal writ of mandamus with the Court of steps, we at GRACE are committed to Lawyer’s Association to Criminal Appeals in Austin, challenging providing Calvin with the defense he Huffman’s removal of McGlasson. The deserves, including the services of the only the Harris County Texas Chapter of the American Civil lawyer he has ever trusted, the lawyer who Liberties filed a federal civil rights suit kept him alive for 15 years and ultimately Criminal Judiciary against Judge Huffman, but District Court got him off death row – Robert McGlasson. Judge Hittner found that he lacked Case Updates Page 3 of 6

Gilda Anne Westbrook

This past fall, we received a call from the Annie Westbrook was assaulted 28 years Boulder, Colorado Public Defender’s ago and now her life has been turned upside Office concerning the extradition of a down by the overreaching of a law suspect in a 28 year old murder case in enforcement officer in a system where there Newton County, Texas. As we learned are no checks or balances in place until after the facts, we were outraged by the the defendant arrives in the county where governmental overreaching that led to they are charged. the complete disruption of Annie Folmer later informed the news media that Westbrook’s life, and have stepped in to the case had never been pursued because it represent her. “got lost in the shuffle…the ball was Annie was arrested in Boulder on a fumbled”. Texas Governor’s warrant. This warrant When the Boulder Public Defenders called was issued solely on the basis of a GRACE in despair at the prospect of Annie statement typed by a Lake Charles, facing capital murder charges in the death Louisiana police officer in 1974 and penalty capital of the world, we agreed to apparently signed by 19 year-old Annie represent Annie’s interests in Texas while Westbrook describing the shooting of a the extradition was being litigated in rapist who was attacking her after she Colorado. In this capacity, we were able to tried to stop him from raping and beating secure a sworn statement from Newton her unconscious friend. County District Attorney A.W. Davis Even cast in the worst possible light, the indicating that he would not seek the death statement does not describe a murder. penalty against Annie. With this assurance, Indeed, the police who took the Annie waived any further challenge to statement apparently did not believe a extradition and awaited transfer to Newton. crime had occurred, as they did not even Just two days before Thanksgiving, Annie arrest Annie. They released her, and for was put on a plane, handcuffed, and the next 19 years she lived at the same transported to Newton County. The next address, easy for anyone to contact, but day, she was arraigned and a bail of the case was never pursued. $100,000 was set. Until August, 2002, when Chief Deputy The Sheriff’s Office decision to reopen the Larry Folmar of Newton County Sheriff’s matter after 28 years is extraordinary - even Office claims he just happened to find more so its decision to charge Annie on the this statement in an old file “in the back basis of a dubious statement which at worst of the jail.” Folmer used this statement suggests that she acted in self defense in to track Annie down in Boulder, the course of a violent rape. Colorado, have her arrested and housed in the Boulder County jail, facing Its decision to incarcerate her over the extradition to Newton County on 28 year- holiday season, hundreds of miles from old murder charges. home, family and loved ones, is simply cruel. In a further act of cruelty, Deputy Many people would probably be shocked Folmer, who runs the Newton County Jail, to learn that a single police officer has has a policy of prohibiting female inmates the power to set in motion a process that from serving as trustees in the jail. As a will have a citizen arrested, jailed and result, Annie is confined alone to a day room transported across the country without with only a concrete bench to sit on all day, any opportunity to challenge the facts of every day, whereas the male inmates have the case until after extradition. some limited mobility within the jail and trustees are deployed to tasks outdoors. Page 4 of 6 Meet Rachel & James

Meet James Sullivan

James Sullivan is originally from a small James applied for the program with the country town in the south east of Australia expectation that it would be a unique and moved to Melbourne to complete his opportunity to make a positive tertiary studies. After spending some time contribution in the area of social justice. living in Adelaide, James recently returned In particular the working environment to Melbourne to complete his law degree. characteristic to GRACE presents a great challenge in embarking on capital James first became interested in the defense work in Harris County, the Australia internship program epicentre of the death penalty following a talk provided at his University phenomena. which featured interns from previous years “This is a moral recounting their personal experiences. He “The way I see it, there are two issues – question and moral was particularly impressed by one instance the morality of whether we should kill in which an intern drove all over the back people at all, and then the legal system questions are roads of Mississippi looking for a witness in and how prejudicial it is. Even if you subjective -- they a case where the client was set to be believe in the death penalty, you wouldn’t executed in a few days. James was want it to be so unfair.” can’t be conclusively shocked that such an important task had answered. I believe been left undone by previous counsel and On his return to Australia it is James’ intrigued with the idea that, as an intern, he wish to increase the general awareness it is wrong, but can’t could make such a significant contribution, of the extent of the death penalty in doing work that literally would never be done America and encourage prospective prove it. Nor can otherwise. interns to experience the benefits of the anyone prove it is Reprieve Australia Internship Program. right. So how can Meet Rachel Walsh we do something so final as to kill Rachel literally lives at the office. Rachel is also Secretary of Reprieve Australia. Through Reprieve, she is someone when the During her three month internship with developing a program to encourage GRACE, Rachel is billeted on a spare futon more experienced attorneys to volunteer moral question will (donated by Jim Marcus) behind a wall of in the US as interns on indigent capital never be resolved?” bookshelves in the office. defense projects. In addition to wanting to volunteer with the Reprieve program, --James Sullivan A graduate of the University of Melbourne, Rachel is a partner in the firm of Phillips she has undertaken this internship in Fox, where she has practiced for 10 years. order to better understand the needs of Although she knew she would be living and projects such as GRACE, the working in the death penalty capital of the expectations that the attorneys running “The Criminal western world, Rachel was not prepared for the projects have of their interns and the the unfairness and unprofessionalism she level of contribution to be made by more Justice System has witnessed. She has been particularly experienced volunteers. here is manifestly shocked by our discovery practices, exorbitant bail amounts, and the lack of Rachel’s internship has attracted wide weighted against adequate separation between the District interest in the Melbourne legal the defendant.” Attorneys’ Office and the Courts. Rachel community and press, and she is using was incensed when one ADA candidly the opportunity to publicize the issues --Rachel Walsh’s stated that she thought we would steal surrounding capital defense work in the documents if she left us alone with the file, report to US, particularly in Houston, and to call and explained that such unfounded for future volunteers for the various ReprieveAustralia accusations and lack of professionalism capital projects with which Reprieve is would be grounds for a bar complaint back associated. in Melbourne. Meet Irene Aguilar & Our New Office! Page 5 of 6

Meet Irene Aguilar worked extensively with Amnesty Irene Aguilar is the newest addition to International as their anti-death penalty GRACE, beginning in January as our first coordinator. full-time staff person. Irene will be working in our office as a Originally from Spain, Irene came to the consultant in cases involving foreign United States when her husband was nationals charged with capital crimes and transferred here last year, and expects to also will assist in preparing international be with us for three more years. Irene is court pleadings, as well as helping with an expert in International law, and has general legal research and investigation. Our New Office!!

donated his own time and collected Thanks to the generosity of many of donations of used equipment from his you, we officially opened our office in clients. Special thanks, also, to Linda November. Located at 809 Henderson Dantin and Emily Maw, who assembled St., just a few blocks from the most and organized our furniture, files, shelves deadly courthouse in the Western world, and dozens of boxes and Ron Pluylaar, our little office provides workspaces to who is designing our website. two staffers and two full-time interns, as well as law students and other Even with the generosity of all these volunteers. wonderful folks, we are still in need of a photocopier, two more licenses to use This would not have happened were it Microsoft Office XP, a laptop, and not for Clive Stafford Smith, who various other office supplies. If you have donated a computer and several used used equipment or office furnishings to desks, Michael Boyette, who donated donate, please call Rachel Walsh at phones and office supplies, David (713)869-4722, or see our wishlist at George, who lent us his firm’s tech www.Amazon.com under the nickname support, Greg Siegel, who has also “Gracelaw.” Our New Year’s Resolution

GRACE is a charity recently established Texas has never had a public defender to provide quality defense services to system. Though the Harris County capitally-charged Texans. The Director, District Attorney’s Office has long several of the Board members, and maintained specialized units for capital some volunteers are veteran capital trial trial and appellate work, never has there lawyers who participated in building the been a defender’s office devoted Louisiana Crisis Assistance Center in exclusively to capital trials of the indigent , Louisiana. The LCAC has where public interest lawyers can work developed an extremely successful together, share skills and materials, benefit from economies of scale, engage method for investigating and presenting in systematic impact litigation and capital cases for indigent defendants. become specialists in indigent capital This method has been refined through trials. dozens of capital cases in Louisiana, Mississippi, Alabama and Florida. No GRACE will be such an office. such office or organization has ever existed in Texas, however.

Fall from GRACE

In the future, this space will be used to sleeping lawyer can provide effective announce our award for the most representation, and has become disgraceful behavior by a law notorious for seeking the death against enforcement official in the past month. the severely mentally ill, such as Andrea Yates. Our first recipient, however, is honored not just for one month of disgracing Harris County prosecutors have sought public office, but for a lifetime of death against children more often than The Gulf Region achievement. any other agency in the world. Only 7 Advocacy Center countries have executed children in the The January 2003 Fall from GRACE 809 Henderson St. past decade. The US leads the world, award goes to the Harris County District Houston, Texas with 21 executed children, compared to 77007 Attorney’s Office, for consistent and only 7 in Iran, 3 in Pakistan and one graceless pursuit of victory at all costs. Phone: each in Nigeria, Saudi Arabia and the Since the reinstatement of the death Congo. Since Pakistan and Yemen have (713)869-4722 penalty in 1976, the Harris County both now outlawed the execution of District Attorney’s Office has been children, and the Congo now has a Fax: responsible for more death sentences moratorium, only Iran, Saudi Arabia and (713) 880-3811 and more executions than any other Nigeria share in our disgraceful practice.

Email prosecutorial agency in United States. Predictably, among the United States, [email protected] Indeed, only a handful of countries have Texas leads the way, with 13 out of 21 executed as many as Houston. juvenile executions. Again, Houston stands out, with 11 of the 25 children In pursuit of this dubious title, the Harris currently on death row in Texas. County District Attorney Office has been A Charity for the willing to argue that innocence is not Defense of the grounds for a new trial, and that a Indigent. How to Make a Donation A Call for Volunteers GRACE wouldn’t exist if it weren’t for the If you would like to make a donation to many folks who have volunteered to do GRACE, send a check or money order everything from assemble furniture to made payable to The Gulf Region design our web page. Even if you have We’re on the Web! Advocacy Center to: only a few hours to spare on the weekends, we could use your help! See us at: 809 Henderson Street Houston, Texas 77007. www.Gracelaw.org Please call (713)869-4722.

Gulf Region Advocacy Center 809 Henderson St. Houston, Tx 77007

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