44th ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE MAY 9-11, 2016 GAULT HOUSE, LOUISVILLE, KENTUCKY
PRESENTED BY KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY’S KENTUCKY PUBLIC DEFENDER COLLEGE WE’LL BE THERE
Table of Contents SCHEDULE AT A GLANCE: MON., MAY 9, 2016...... 3 SCHEDULE AT A GLANCE: TUES., MAY 10, 2016...... 4 SCHEDULE AT A GLANCE: WED., MAY 11, 2016...... 5 ETHICS SESSIONS...... 6 DETAILED SCHEDULE WITH SESSION DESCRIPTIONS...... 7 VENUE MAPS...... 17 FACULTY CONTACT INFORMATION...... 21 FACULTY BIO’S...... 24
CLE FOR KENTUCKY SPONSOR: KENTUCKY DEPT. OF PUBLIC ADVOCACY ACTIVITY TITLE: 44th ANNUAL KY PUBLIC DEFENDER CONFERENCE LOCATION: LOUISVILLE, KENTUCKY DATE: 05/9/2016 ACTIVITY #: 165959 TOTAL CLE CREDITS: 10.25 HOURS ETHICS: UP TO 6.25 HOURS Ethics credits are INCLUDED in the TOTAL number of credits DPA EMPLOYEES: If you attend KBA, you must fill out two CLE forms. One for DPA (Mon-Wed) and one for KBA (Wed). GENERAL CONFERENCE INFORMATION FAMILY: If you are bringing your family, they are welcome to drop in on any or all of the Conference programs. If you have small children who would disrupt learning, please do not bring them to any Conference programs.
EVALUATIONS: Please evaluate each session that you attend. Electronic evaluations can be completed on your computer, phone or tablet and can be found at:http://bit.ly/16DPAeval. Hardcopy evaluations are available if requested. We need your evaluative thoughts.
SOCIAL GATHERINGS: DPA’s Public Service Recognition Luncheon will be held on Tuesday, May 10th 2016 in the Archibald Room of the Gault House. Join us for presentation of DPA Awards and the Public Advocate recognition. Families are welcome to attend the Recognition Luncheon but if they choose to enjoy the meal, an additional cost will apply. Please pay for additional meals at the Registration Table in Revue Tower, 3rd floor, by Archibald and Cochran.
CLE CREDITS: There are a total of 10.25 KBA CLE credits available, incluidng up to 6.25 hours of KBA CLE ethics credits offered throughout the Conference. You can receive your CLE form or an Investigator form at the Registration Table in the Berea Room. Please fill out the form and return it to the CLE table before the close of Conference.
KBA CONVENTION: You will pick up your KBA name badge on Wednesday morning at the DPA registration table from 8-10am. DPA attorneys who are registered for KBA will attend KBA’s conference immediately following the DPA conference. The KBA Conference will be held at: The Kentucky International Convention Center, 221 S. 4th Street, Louisville, KY 40202.
ONLINE SCHEDULE is available at: http://2016kentuckypublicdefendersannua.sched.org/
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44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 5 WE’LL BE THERE ETHICS SESSIONS MONDAY, MAY 9, 2016 2:30-3:45pm DOGWOOD, 3rd floor Revue KCPC: WHEN TO COMBAT, WHEN TO COLLABORATE, AND HOW TO KNOW THE DIFFERENCE Heather Gatnarek & Melanie Foote Hollingsworth
DAISY, 2nd Floor Revue PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt & Friends
TUESDAY, MAY 10, 2016 9:00-10:15am COCHRAN, 3rd Floor Revue NEGOTIATION STRATEGIES FOR PUBLIC DEFENDERS Keith Belzer
DAISY, 2nd Floor Revue PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt & Friends
10:30-11:45am FOUNTAIN, 2nd Floor Revue
HANDLING PHYSICAL EVIDENCE Rod Uphoff
DAISY, 2nd Floor Revue
PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt & Friends
2:15-3:30pm FOUNTAIN, 2nd Floor Revue ADVISING CLIENTS ABOUT CONTRABAND Rod Uphoff
3:45-5:00pm FOUNTAIN, 2nd Floor Revue CONFLICTS B. Scott West
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 6 WE’LL BE THERE
DETAILED SCHEDULE WITH SESSION DESCRIPTIONS MONDAY, MAY 9, 2016 1:00-2:15pm ARCHIBALD, 3rd Floor Revue OPENING: THE DAWNING OF THE 45TH YEAR OF KENTUCKY PUBLIC DEFENSE Ed Monahan & Stephen Bright 2:30-3:45pm ARCHIBALD, 3rd Floor Revue LEGISLATIVE UPDATE Damon Preston Description: After the 2016 General Assembly, first-offense DUIs will hang around for 10 years, but burglary can be expunged after 5 years. In this class, we’ll discuss the good, bad, and confusing from this year’s legislative session. COCHRAN, 3rd Floor Revue CREATING POWERFUL TRIAL STRATEGIES USING THEORY, THEMES AND STORYTELLING Keith Belzer Description: This session will explore the relationship between theory driven defense, memorable theme development and the use of story-form to create winning trial strategies. WILLOW, 3rd Floor Revue SPOTTING FEDERAL HABEAS ISSUES Mark Olive Description: This session is designed to improve awareness of issues which might be promising for habeas litigation from direct appeals to post conviction. The session will focus on a discussion of recent winning cases on habeas, which will highlight especially strong issues for identification and preservation. WALNUT, 3rd Floor Revue A HOLISTIC APPROACH TO CLIENT REPRESENTATION: CIVIL LAW FOR PUBLIC DEFENDERS Chris Kippley Description: There are areas of civil law that frequently impact a public defender’s indigent clients - clients get injured in auto accidents, they get divorced, they pay child support, they owe money to pay-day lenders, and the list goes on. The goal of this session is to educate participants on common areas of civil law so they may spot collateral civil issues. Many aspects of civil law can be used to your client’s advantage and this session will educate you on how to do that effectively. HOLLY, 3rd Floor Revue DRUG TRENDS NOW AND WHERE WE ARE HEADED Gerald Wilson Description: Information on current trends in drug crime which law enforcement agencies are facing now and possibly in the future, and what efforts they are making in order to to curb the high volume of drug trafficking in Kentucky. DOGWOOD, 3rd Floor Revue KCPC: WHEN TO COMBAT, WHEN TO COLLABORATE, AND HOW TO KNOW THE DIFFERENCE Heather Gatnarek & Melanie Foote Hollingsworth Description: Many of us view KCPC as a monolith which only delivers bad results. Sometimes this reputation is warranted. However, KCPC’s contact with our clients doesn’t have to be a bad thing. This session will discuss ways in which we can better use KCPC to our clients’ advantage and the ethical rules that dictate what information we should (and can) give to KCPC prior to and during a client evaluation. We look forward to working with you to continue this conversation.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 7 WE’LL BE THERE
FOUNTAIN, 2nd Floor Revue VOIR DIRE & RESPECT: FIND OUT WHAT IT MEANS TO YOUR TRIAL Audrey Woosman Description: Waiting for a verdict while the jurors are out is a nerve-wracking time for us defense lawyers. But we forget that deliberations are probably more stressful for our jurors. Getting twelve people to agree on anything is never easy. That task becomes more difficult when personality types clash, emotions are running high, and our client’s life and liberty are at stake. Jurors can very easily leave their respect for others’ thoughts and opinions at the door. The goal of this session is to teach public defenders techniques for vior dire which can identify members of the venire who are unable to follow the law because they either (1) bully other jurors into changing their minds or (2) are susceptible to being bullied into changing their mind, so that they can be struck. Additionally, attendees will learn ways to inform their jurors that they can ask for the court’s help if and when bullying and disrespect occur. DAISY, 2nd Floor Revue PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt, Sam Potter & Steven Buck Description: The rules of ethics impose a number of continuing obligations to the client which last beyond the level of the initial trial or disposition of the case. Our continuing obligations to our clients may involve ethical issues affecting confidentiality, competency, conflicts and scope of representation. A fundamental part of basic competency at the trial level is an understanding of how the conduct of trial counsel may enhance or jeopardize the obligations to the client which will continue past the initial trial or disposition of the case. An indispensable part of this particular aspect of competency is an awareness of the importance of making and preserving a record at trial. Objectives for this session will also include a review of recent developments on preservation and of particular instances in which preservation problems tend to re-occur. We will also touch on the use of RCr 10.26 to deal with unpreserved errors. LILY, 2nd Floor Revue 202A ROUNDTABLE Description: The goal of this session is to bring each other up to date about what has been happening with involuntary commitment and forced treatment litigation in our respective jurisdictions-and statewide. The roundtable format will give participants the opportunity to brainstorm 202A issues or cases that are especially problematic. We will also brainstorm how to best use JustWare to improve our representation of our 202A clients. 2:30-5:15pm LAFFOON, 1st Floor Suite Tower POLICE MISCONDUCT AND CRIME SCENE RECONSTRUCTION Jerry Cox & Joey Stidham Description: This important session will provide the story of a botched murder investigation by police and the methods of crime scene reconstruction which were used to disprove the prosecution’s account of events. BROWN, 2nd Floor
OVERCOMING & STRATEGICALLY CONFRONTING RACIAL DISPARITIES & BIASES D. Anthony Everett, LeTonia Jones, Ed Palmer, Josh Miller & Rebecca Ballard DiLoreto Description: This session will identify how we can learn about the presence of implicit and structural racial bias that may be impacting our client’s right to a fair trial or appeal, what we can do to confront the sources of the bias and how we can change the picture so our clients have a better chance at justice. Legal experts and community activists will share how we can bring strategies that work into the courtroom, before the parole board, and in our legal pleadings and arguments. 4:00-5:15pm ARCHIBALD, 3rd Floor Revue KENTUCKY LAW UPDATE B. Scott West & Molly Mattingly Description: A review of the most significant cases rendered in the Kentucky Appellate Courts from June 2015 to the present.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 8 WE’LL BE THERE
COCHRAN, 3rd Floor Revue STORY AND PERFORMANCE Joe Gustaferro Description: A legendary coach and trainer takes participants through the myriad ways in which a good story and a good performance can enhance each other to maximize persuasive power and appeal. WILLOW, 3rd Floor Revue REPRESENTING HISPANIC/LATINO CLIENTS Brian Hewlett Description: This session will explore the dynamics of representing Hispanic/Latino clients. We will explore racial issues and provide the participants with some ideas for client relationship building and securing resources to assist their client. WALNUT, 3rd Floor Revue TREATING ADDICTION AS A MEDICAL AND PUBLIC HEALTH PROBLEM: MEDICALLY ASSISTED TREATMENT FACTS VS. FICTION Dr. Molly Rutherford & Dr. Mark Jorrisch Description: A physician’s perspective on the opioid epidemic and potential solutions, including an overview of the science supporting the use of methadone, buprenorphine, and naltrexone in the treatment of opioid dependence. HOLLY, 3rd Floor Revue ALTERNATIVE SENTENCING PLANS 101 Anthony Tanner, Alyssa Miller & Melinda Hornback Description: This session was developed to enhance every Alternative Sentencing Worker’s alternative sentencing plans. Learn the basics of writing concise, compelling and effective plans to win more cases in court! All disciplines welcome! New ASW’s, experienced ASW’s and directing attorneys can all learn the basics of effective plan writing. DOGWOOD, 3rd Floor Revue PSAP / SAP Kevin Pangburn Description: PSAP and SAP are the substance abuse programs offered by the Department of Corrections statewide. PSAP gives defendants a pre-sentence opportunity for substance abuse treatment. SAP gives defendants a better chance for parole or early release. Our presenter is the statewide head of these programs and will explain their location and extent statewide, the process of enrolling and completing the programs, and the effect of the programs on recidivism. PSAP is sometimes a good option for a client awaiting trial. This presentation will demonstrate how to best utilize the program to obtain the optimum benefit to the client, and how to negotiate better outcomes for clients in their cases. FOUNTAIN, 2nd Floor Revue STOPPING JUDICIAL “REHABILITATION” AFTER A CHALLENGE FOR CAUSE Ann Roan Description: Too often, judges use “rehabilitation” to seat biased jurors in criminal cases. This session will present case law from Kentucky and around the country designed to help you ensure a fair jury selection process. DAISY, 2nd Floor Revue GOVERNMENT IN THE SUNSHINE: LITIGATING KENTUCKY’S OPEN RECORDS ACT Krista Dolan Description: Participants will learn what types of records the open records act covers, the exemptions to the open records act, how and to whom to direct records requests, what a response should include, how to appeal the denial of an open records request to the AG or to the circuit court, and how to appeal AG denial. The session will also cover relevant case law.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 9 WE’LL BE THERE
LILY, 2nd Floor Revue UNANIMOUS VERDICT ISSUES Sara Zeurcher & Kyle Morris Description: This session will focus on the current state of the law related to unanimous verdict issues, including recent changes in legislation, and collateral consequences to unanimous verdict issues such as 11.42 actions. You will learn how to identify unanimous verdict issues as well as how to use them to your client’s benefit. The session will also include information on possible challenges to SB 60, the new continuing course of conduct bill.
TUESDAY, MAY 10, 2016 9:00-10:15am ARCHIBALD, 3rd Floor Revue US SUPREME COURT UPDATE Alison Connelly Description: Significant Criminal Cases from the United States Supreme Court: 2015Term
COCHRAN, 3rd Floor Revue NEGOTIATION STRATEGIES FOR PUBLIC DEFENDERS Keith Belzer Description: Nationally, less than 5% of all criminal cases filed ever go to trial. This presentation will focus on the art and science of negotiation in a public defender setting. In addition to providing concrete suggestions for enhancing your negotiation practice, we will also look at the latest research in evidence based decision making and discuss how that should be impacting our day-to-day negotiations. We will discuss ethical rules related to negotiation: Lawyer Conduct – 4.1; Client Conduct – 1.2; Consulting with client – 1.2; and Confidentiality – 1.6. WILLOW, 3rd Floor Revue MIRANDA V. ARIZONA IN KENTUCKY B. Scott West Description: All attendees will learn of the story behind the Miranda v. Arizona case, and what prompted Earl Warren to issue the opinon. Trials and Post-Trials attorneys will learn the leading Kentucky cases on Miranda which discuss when a person is “in custody, when a person is being “interrogated,” and when a person has waived the Miranda protections through their own conduct. After attending this session, participants will be better able to argue for the protections of Miranda at a hearing or in a brief. WALNUT, 3rd Floor Revue COLORADO METHOD IN NON-CAPITAL VOIR DIRE Ann Roan Description: This session is designed to show you how to conduct cause-based voir dire in non-capital cases, using principles derived from the Colorado Method of capital voir dire. HOLLY, 3rd Floor Revue HEROIN: BEST PRACTICES FOR BETTER OUTCOMES Geoff Wilson Description: This training will provide attendees with an overview of the current Heroin epidemic impacting Kentucky and the United States. The negative effects of Heroin on the body and specifically brain development will be reviewed. Current insights into utilizing the full treatment continuum for clients will be reviewed, including the use of MAT (Medication Assisted Treatment) for this population.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 10 WE’LL BE THERE
DOGWOOD, 3rd Floor Revue IMPLICIT BIAS: HIDING IN PLAIN SIGHT Judge Bernice Donald Description: Judge Bernice B. Donald, Judge for the United States Court of Appeals in the Sixth Circuit and past-president of the American Bar Foundation, shares her perspective on Implicit Bias and its role in trial and appellate practice. This former Memphis public defender and a trail blazing judge brings her unique voice to a discussion of this critical issue. FOUNTAIN, 2nd Floor Revue LITIGATING SEX OFFENSE CASES Roger Gibbs & Julia K. Pearson Description: Update on changes in the law specific to sex cases and issues which may effect sex cases. DAISY, 2nd Floor Revue PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt, Sam Potter & Steven Buck Description: The rules of ethics impose a number of continuing obligations to the client which last beyond the level of the initial trial or disposition of the case. Our continuing obligations to our clients may involve ethical issues affecting confidentiality, competency, conflicts and scope of representation. A fundamental part of basic competency at the trial level is an understanding of how the conduct of trial counsel may enhance or jeopardize the obligations to the client which will continue past the initial trial or disposition of the case. An indispensable part of this particular aspect of competency is an awareness of the importance of making and preserving a record at trial. Objectives for this session will also include a review of recent developments on preservation and of particular instances in which preservation problems tend to re-occur. We will also touch on the use of RCr 10.26 to deal with unpreserved errors. LILY, 2nd Floor Revue DUI UPDATE Nathan Miller Description: This field has recently become one of the most quickly evolving and complex in all of criminal defense litigation. Certainly no type of case in district court could contain as many possible avenues of attack and defense. A certified expert in NHTSA field testing and DUI litigation will be presenting on the latest issues. Laffoon 1st Floor Suite Tower EXPERTS: HELP! I NEED SOMEBODY (NOT JUST ANYBODY) Erin Kincaid & Jessica Shoemaker Description: Participants will learn to identify issues requiring expert assistance; how to find, vet, and engage an expert; address team member responsibilities; and how to manage the expert’s work. Brown 2nd Floor EXPUNGEMENT LAW IN KENTUCKY Molly Green & Damon Preston Description: A criminal record can be a permanent mark, preventing people from finding employment, education, or housing, even long after their sentences are served. Previously, Kentucky law permitted expungement only in very limited situations. But a new law that eases misdemeanor expungement and creates a category of eligible felonies will drastically change the landscape when it goes into effect this summer. Learn the details of the new expungement law, as well as how to help your clients clear their records. 10:30-11:45am COCHRAN, 3rd Floor Revue MENTAL HEALTH DEFENSES John Niland Description: Topics covered will be how to develop mental health evidence, applying the evidence to reduce the culpable mental states and in support of specific defenses
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 11 WE’LL BE THERE
WILLOW, 3rd Floor Revue CELL PHONE TOWER DATA: CHALLENGE EARLY AND OFTEN Andrea Kendall Description: Participants will receive an overview of how cell phone tower data is being collected, analyzed and utilized by police. The session will evaluate the limits of cell phone tower data reliability, and provide suggestions for how to challenge cell phone tower data from arrest to resolution of the case. This will include specific discussions on: challenging cell phone tower data at the preliminary hearing; discovery requests to obtain underlying data; sample motions to suppress evidence; and the use of police as experts for cell phone placement experts. WALNUT, 3rd Floor Revue PRACTICAL POWERFUL BATSON Ann Roan Description: Realizing the promise of Batson v. Kentucky requires defense counsel’s full participation. This session will present suggestions for how to make Batson challenges that protect the rights Batson was designed to protect as well as a review of the helpful cases that support such litigation. HOLLY, 3rd Floor Revue KENTUCKY REENTRY INITIATIVE Kerry Mears & Hannah Gibson Description: An overview of the Reentry Initiative of the Kentucky Department of Corrections. We will cover what programs are available and offered to Inmates, Parolees and Probationers; role of the reentry coordinator in the Institutions; the 11 Reentry Councils across the state; differences between the local jails and the institutions and Families of the Incarcerated Groups across the state. DOGWOOD, 3rd Floor Revue FASHIONING A CERT PETITION Mark Olive Description: This session will familiarize participants with the ins and outs of fashioning successful petitions for a Writ of Certiorari, including the legal and other procedural requirements for a petition and a review of recent petitions from the Kentucky Supreme Court as well as the Federal 6th Circuit. FOUNTAIN, 2nd Floor Revue HANDLING PHYSICAL EVIDENCE Rod Uphoff Description: This session is designed to explore the difficult ethical issues facing criminal defense lawyers when they handle contraband or physical evidence of a crime. They will learn about the Model Rules, caselaw from around the country on the subject and the position taken by the ABA Standards for Criminal Justice Defense Function. Finally, we will go over 3 scenarios designed to tease out how the professional rules, caselaw and standards ought to be applied.
DAISY, 2nd Floor Revue PRESERVING YOUR CLIENT’S RIGHT TO LITIGATE POST TRIAL Kathleen Schmidt, Sam Potter & Steven Buck Description: The rules of ethics impose a number of continuing obligations to the client which last beyond the level of the initial trial or disposition of the case. Our continuing obligations to our clients may involve ethical issues affecting confidentiality, competency, conflicts and scope of representation. A fundamental part of basic competency at the trial level is an understanding of how the conduct of trial counsel may enhance or jeopardize the obligations to the client which will continue past the initial trial or disposition of the case. An indispensable part of this particular aspect of competency is an awareness of the importance of making and preserving a record at trial. Objectives for this session will also include a review of recent developments on preservation and of particular instances in which preservation problems tend to re-occur. We will also touch on the use of RCr 10.26 to deal with unpreserved errors.
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LILY, 2nd Floor Revue KOMS Amanda Sayle Description: An overview of the Kentucky Offender Management System. This session will showcase shortcuts and tips and tricks on navigating KOMS to assist users in getting the maximum benefit from the system. LAFFOON, 1st Floor Suite Tower INVESTIGATOR / ATTORNEY COLLABORATION Elliot Slosar Description: This session will include a discussion of the following topics: (1) Communicating findings to attorneys; (2) disagreeing without destroying the team; (3) keeping an open mind regarding innocence; (4) communicating the witness perspective in a way that translates to a judge or jury; (5) “policing” police reports; (6) finding a theme; and (7) how best to memorialize witness statements. BROWN, 2nd Floor JUVENILE SEX OFFENDER TREATMENT Dr. Ed Connor This goals of this session are as follows: • To give a brief history of the increase in juvenile sexual offending • To provide information regarding the amount of sexually charged materials juveniles are exposed to through the media • To offer instruction on the need for appropriate and accurate juvenile sex offender risk assessments • To provide information regarding the necessary components of a juvenile sex offender risk assessment and relevant direct and cross examination questions • To offer relevant topics for discussion for future juvenile sex offender risk assessments
12:00-2:00pm RECOGNITION LUNCHEON ARCHIBALD
2:15-3:30pm
WILLOW, 3rd Floor Revue KENTUCKY SENTENCING LAW Glenn McClister & Melanie Foote Hollingsworth Description: An overview of current Kentucky Sentencing Law including such topics as concurrent versus consecutive sentences and probation and parole eligibility and revocation. The session will include the latest changes which have occurred in this ever-evolving part of Kentucky criminal law. WALNUT, 3rd Floor Revue RACE AND VOIR DIRE Jodie English Description: Raising the issue of race and its effects on our thinking about each other is often difficult in even routine circumstances. It is even more difficult and challenging in the context of voir dire. How to deal with this important issue with a jury will be the focus of this session. HOLLY, 3rd Floor Revue PSYCHOPHARMACOLOGY OF MAJOR PSYCHOACTIVE SUBSTANCES Robert Walker Description: This informative session will give an overview of the major types of psychoactive substances and their effects on the human brain during intoxication, during withdrawal, and long-term. This is the essential, basic information to know on this topic.
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DOGWOOD, 3rd Floor Revue
ORAL ARGUMENT Stephen Bright Description: Our esteemed presenter has twice argued and won cases before the United States Supreme Court: Snyder v. Louisiana, 552 U.S. 472 (2008) and Amadeo v. Zant, 486 U.S. 214 (1988). His latest case before the court, Foster v. Chatman, was argued in November of 2015. The decision is pending. This will be a fascinating and informative session on the art of advocacy in the highest court in the land. FOUNTAIN, 2nd Floor Revue ADVISING CLIENTS ABOUT CONTRABAND Rod Uphoff Description: The second session will build off of the first by discussing the difficult conversation that criminal defense lawyer must have with clients who are in possession of contraband or physical evidence of a crime. They will learn of the limited guidance the professional rules and caselaw provides criminal defense lawyers in such situations. Finally, they will learn of the possible ethical and criminal problems the criminal defense lawyer and the client faces if he or she gives poor advice. DAISY, 2nd Floor Revue CHANGING THE PICTURE: NARRATIVE WORKS Mark Olive Description: Because narrative is the air a litigator breathes, the heart of adversarial representation lies in challenging and unsettling the prosecution narrative of a case. Effective defense counsel unsettle prosecution narratives by changing what the case is about. After painstaking investigation, counsel inevitably finds that the case is, in fact, about something else than what the prosecution would have the jury to believe. This something else can transform the case, through powerful and truthful storytelling, meticulously built upon the facts. LILY, 2nd Floor Revue KOMS Amanda Sayle Description: An overview of the Kentucky Offender Management System. This session will showcase shortcuts and tips and tricks on navigating KOMS to assist users in getting the maximum benefit from the system. LAFFOON, 1st Floor Suite Tower INVESTIGATING THE POLICE INVESTIGATION Patti Fayed Description: This session will cover: What information is available to an Investigator and where to find it; What are the proper police investigation procedures, what should be included in their investigation and where is it located. What should be done in a proper crime scene investigation.; What is The Reid Technique? How does it work for the Police and how can using it benefit the DPA Investigator; and No Discovery, so where do you begin?” BROWN, 2nd Floor HUMAN TRAFFICKING Susan Hopf, Karen King Jones & Amy Nance-DeGonda Description: This session will familiarize attendees with the problem of human trafficking in the United States in general and provide an overview of Kentucky laws criminalizing human trafficking and laws designed to give protection to its victims.
3:45-5:00pm
ARCHIBALD CALCULATING PAROLE ELIGIBILITY Robert Belen Description: This session will detail certain factors that are essential in determinig the parole eligibilty pertaining to violent offenses, non- violent sex offenses and violent sex offenses.
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WILLOW, 3rd Floor Revue JURY SELECTION Joe Gustaferro Description: The session will focus on winning tactics and techniques to meet the challenge of what is arguably the most important phase of any jury trial – selecting the right jury. The session will include how to decide what jury you want based on theory of the case and juror information, how to frame issues, and how to get jurors talking honestly.
WALNUT, 3rd Floor Revue “THEY TAUGHT MY CLIENT HOW TO BE COMPETENT”: COUNTERING THE ADVERSE REPORT Eric Drogin & Hannh Autry Description: The Supreme Court of the United States ruled in Jackson v. Indiana (1972) that incompetent defendants cannot be held for longer than the “reasonable period of time necessary” to determine if there is a “substantial probability” that they can become competent in the “foreseeable future.” Sometimes the prosecution’s expert decides before any competency hearing has even occurred that the “foreseeable future” is now, feeding missing information to psychiatrically compromised defendants, correcting their stated misconceptions, and then declaring them competent “after education.” This interesting scene often boasts a supporting cast of student evaluators (also there, ironically, to learn as they go along) and an audience of prison guards (there to ensure that allegedly stable defendants don’t harm themselves or someone else on the spot). This session presents in detail an actual, successful challenge to “coached competency,” and further explores the legal and scientific ramifications of supplied interview responses, student-administered testing, and third-party observers. HOLLY, 3rd Floor Revue MEDICATION ASSISTED TREATMENT FOR OPIATE USE DISORDERS Allen Brenzel Description: In this session Dr. Brenzel will provide an overview of Medication Assisted Treament for Opiate Use Disoder that will include key elements, medications utilized, and appropriate monitoring. Specific consideration will be given to treatment in pregnant woman. The problem of diversion and efforts to eliminate it will be covered. In addition Harm Reduction and Naloxone rescue will be described. DOGWOOD, 3rd Floor Revue COERCED, FALSE CONFESSIONS IN KENTUCKY: THE STORY OF JAMES “ANTHONY” GRAY Rodney Barnes & Erin Yang Description: James “Anthony” Gray “confessed” to murdering his parents, something he did not do. Rodney Barnes, his trial level Defender, and Erin Yang, his appeals Defender, will take you through the events, investigation, and interrogation leading to his coerced false confession and arrest, They will then take you from the first meeting with Anthony through the efforts to suppress his false confession, two jury trials where the defense was forced to counter a false confession which was central to the prosecution’s case. Finally you will hear about the appeal and unanimous opinion penned by the Chief Justice of the Kentucky Supreme Court reversing Anthony’s conviction, throwing out his coerced false confession and allowing his alternative perpetrator defense that will be crucial to his defense at trial in January of 2017. FOUNTAIN, 2nd Floor Revue CONFLICTS B. Scott West Description: This will be a fast-moving workshop that discusses the law and ethical rules surrounding conflicts in trial and post-trial cases in a statewide public defender program. With an emphasis on Kentucky Rules of Professional Conduct 1.7, 1.8, and 1.9, the following questions will be addressed: • How should counsel distinguish between actual conflicts, potential conflicts, and non-conflicts? • When can a client properly be asked to waive a conflict? What must a client be told at the time the waiver is discussed? • When a waiver is secured, what information may or may not be disclosed between attorneys representing the clients who create the conflict? • What are counsel’s duties when they have been erroneously pressed into service to represent a client with whom they have a conflict? • What must counsel do when a conflict first presents itself in the middle of the proceeding? • What are the duties of associated counsel, when another attorney in the office has a conflict with a client? Are Chinese Walls permissible in public defender offices? • To what extent may counsel represent a conflicted client at a non-trial proceeding without creating a future conflict or violating ethical duties?
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DAISY, 2nd Floor Revue THEORY AND THEME FOR LIFE Stephen Bright Description: Defense counsel in a capital case must develop and present a theme for life: a set of reasons, supported by facts, that will persuade the jury that the client will be sufficiently punished by a sentence of life imprisonment instead of the death penalty. The reasons for life should be client specific and case specific not stock arguments against the death penalty. The themes should focus on considerations regarding the particular client. The jury must be shown why life imprisonment is sufficient punishment in this case for this particular client, regardless of what the members of the jury think about the death penalty in general or for other offenders. This session examines the challenges for the defense team in a capital case and discusses a few of the many considerations which may be useful in developing a theme for a life sentence. LILY, 2nd Floor Revue E-FILING CERTIFICATION: CRIMINAL PRACTICE AND THE KENTUCKY E-FILING SYSTEM Drew Haile Description: This informative session is divided into two parts: a discussion of the rules of eFiling and a guided walkthrough of the eFiling system. Most training opportunities are geared towards the civil practitioner, but this session will pay special emphasis on issues important to criminal practitioners. After attending this session you will be certified to use the Kentucky eFiling system. LAFFOON, 1st Floor Suite Tower EARLY INVESTIGATION Elliot Slosar Description: This session will include a discussion of the following topics: (1) Collecting information on alternate suspects; (2) canvassing; (3) ethical considerations when the alternate perpetrator may be a witness involved in another case; (4) when to start an investigation. BROWN, 2nd Floor RESTORATIVE JUSTICE Judge Angela McCormick Bisig & Elizabeth McMahon Description: Participants will learn the basic principles and theories behind Restorative Justice as a way to involve victims, offenders and the community to address the harm created by criminal behavior. The session will enable attorneys to understand and explain to clients practical applications of Restorative Justice in the court system. In addition, attorneys will understand the background and progress of a current juvenile justice pilot project.
WEDNESDAY, MAY 11, 2016 8:30AM-10:15AM
Archibald Room RECOGNIZING AND BALANCING BIAS IN THE CRIMINAL JUSTICE SYSTEM Jeff Robinson Description: It’s time for a frank conversation about how implicit bias, overt racism, and white privilege impact the criminal justice system. It’s time to take a hard look at what’s happening in our country, on our streets, and in our courts. It’s time to use our role in the justice system to make a difference. Jeff Robinson, with his years of relevant experience, will lead this presentation, offering insight into these complex problems. Please join him in this important session as we work to address these critical issues. 10:30AM-5:00PM
KENTUCKY BAR ASSOCIATION CONFERENCE DPA Attorneys to Attend
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VENUE MAPS RIVUE TOWER Second Floor
Liverpool
Azalea
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RIVUE TOWER Third Floor (Conservatory/Skywalk Level)
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SUITE TOWER First Floor Lobby
Concierge Desk
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 19 WE’LL BE THERE SUITE TOWER Second Floor
Carroll Ford
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FACULTY CONTACT INFORMATION Hannah Autry Stephen Bright Eric Drogin Attorney, Trial Branch President & Senior Counsel Forensic Psychologist Department of Public Advocacy Southern Center for Human Rights 350 Lincoln Street, Suite 2400 223 St. Clair St. 83 Poplar St. NW Hingham, MA 02043 Frankfort, KY 40601 Atlanta, GA 30303 Tel: (339) 200-9131 Tel: (502) 564-7204 Tel: (404) 688-1202 Email: [email protected] E-mail: [email protected] Email: [email protected] Jodie English Rodney Barnes Allison Connelly Attorney and Mitigation Specialist Northern Regional Manager Professor 4911 Central Avenue Department of Public Advocacy University of Kentucky Indianapolis IN 46205 223 St. Clair St. College of Law E-mail: [email protected] Frankfort, KY 40601 630 Maxwelton Court Tel: (502) 564-7204 Lexington, KY 40506 Patti Fayed E-mail: [email protected] Tel: (859) 257.4692 Investigator, Trial Branch Email: [email protected] Department of Public Advocacy Robert F. Belen 333 Scott Street Branch Manager Ed Connor, PhD Covington, KY 41011 Department of Corrections Forensic Psychologist Tel: (859)292-6596 275 E Main St Connor and Associates Email: [email protected] Frankfort, KY 40602 34 Erlanger Road Tel: (502) 782-2260 Erlanger, KY 41018 Melanie Foote Hollingsworth Email: [email protected] Tel: (859) 341-5782 Attorney, Education Branch Email: [email protected] Department of Public Advocacy Keith Belzer 5 Mill Creek Park Attorney Jerry J. Cox Frankfort, KY 40601 Devanie, Belzer & Schroder S.C. Attorney Tel: (502) 564-8006 300 2nd Street N., Ste 200 Law Office of Jerry J. Cox, PSC E-mail: [email protected] La Crosse, WI 54601 P. O. Box 1350 Tel: (608) 317-2325 Mount Vernon, Kentucky 40456 Heather Gatnarek Email: [email protected] Tel: (606) 256-5111 Attorney, Capital Trials Branch E-mail: [email protected] Department of Public Advocacy Steven Buck 207 Parker Dr., Ste. B Staff Attorney Supervisor, Appeals Rebecca Ballard DiLoreto LaGrange, KY 40031 5 Mill Creek Park Attorney Tel: (502) 222-2662 Frankfort, KY 40601 Institute for Compassion in Justice E-mail: [email protected] Phone: (502) 564-5218 1555 Georgetown Road Email: [email protected] Lexington, KY 40504 Roger Gibbs Email: [email protected]; [email protected] Eastern Regional Manager Angela McCormick Bisig Department of Public Advocacy Judge, Jefferson Circuit Court Krista Dolan 911 N. Main St. Jefferson County Judicial Center Attorney, Post Conviction Branch London, KY 40741 700 West Jefferson Street Department of Public Advocacy Tel: (606) 330-2050 Louisville, Kentucky 40202 207 Parker Drive, Ste. 1 Email: [email protected] (502) 595-4327 LaGrange, KY 40031 Tel: (502) 222-6682 Hannah Gibson Allen Brenzel, MD Email: [email protected] Department of Corrections Clinical Director PO Box 2400 BHDID Commissioner’s Office Judge Bernice B. Donald Frankfort, KY 40602 3470 Blazer Pkwy #300 U.S. Court of Appeals, 6th Circuit Tel: (502) 782-2256 Lexington, KY 40509 167 North Main Street, Suite 1132 Email: [email protected] Phone: (859) 227-4545 Memphis, Tennessee 38103 Email: [email protected] Tel: (901) 495-1299 Email: [email protected]
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Molly Rose Green Andrea Kendall Kerry Mears Fellow, Office of the Public Advocate Attroney, Trial Branch Department of Corrections Department of Public Advocacy Department of Public Advocacy PO Box 2400 5 Mill Creek Park 601 Washington Ave, Suite 300 Frankfort, KY 40602 Frankfort, KY 40601 Newport, KY 41071 Tel: (502) 782-2256 Tel: (502) 564-8006 Tel: (859) 261-0192 Email: [email protected] E-mail: [email protected] Email: [email protected] Alyssa Miller Joe Guastaferro Karen King-Jones Alternative Sentencing Worker Trial Consultant KY Department of Juvenile Justice Department of Public Advocacy 70 W 95th Street 1025 Capital Center Drive, 3rd Floor 163 West Short Street, Suite 200 New York, NY 10025 Frankfort, KY 40601 Lexington, Kentucky 40509 Email: [email protected] Tel: (502) 573-2738 Tel: (859) 246-2906 Email: [email protected] Email: [email protected] Drew Haile Attorney Erin Kincaid Nathan Miller Adminstrative Office of the Courts Mitigation Specialist, Capital Trials PO Box 1038 1001 Vandalay Drive 207 Parker Drive, Suite B Morehead, KY 40351 Frankfort, KY 40601 LaGrange, KY 40031 Tel: 606-783-8600 Tel: (502) 573-2350 Tel: 502-222-2662 Email: [email protected] Email: [email protected] Email: [email protected] Edward C. Monahan Brian Hewlett Christopher Kippley Department of Public Advocacy Directing Attorney Attorney, Trial Branch 5 Mill Creek Park Department of Public Advocacy Department of Public Advocacy Frankfort, KY 40601 108 28th St. 116 West 3rd Street Tel: (502) 564-8006 Catlettsburg, KY 41129 Maysville, KY 41056 E-mail: [email protected] Tel: (606) 739-4161 Tel: (606) 564-5768 Email: [email protected] Email: [email protected] Kyle Morris Attorney, Trial Branch Suzanne Hopf Molly Mattingly Department of Public Advocacy Attorney, Juvenile Post Disposition Attorney, Appeals Branch 116 N. 2nd St. Department of Public Advocacy 5 Mill Creek Park Richmond, KY 40475 5 Mill Creek Park Frankfort, KY 40601 Tel: 859-623-8413 Frankfort, KY 40601 Tel: 502-564-8006 Email: [email protected] Tel: (502) 564-8006 Email: [email protected] E-mail: [email protected] Amy Nace-DeGonda Glenn McClister Catholic Charaties of Louisville Melinda Hornback, MSW, CSW Attorney, Education Branch 2222 West Market Street Alternative Sentencing Worker Department of Public Advocacy Louisville, KY 40212 Department of Public Advocacy 100 Fair Oaks Lane, Suite 302 Tel: (502) 637-9786 120 Professional Lane 2nd Floor Frankfort, KY 40601 Email: [email protected] Harlan, KY 40831 Tel: (502) 564-8006 Phone: (606) 573-2501 E-mail: [email protected] John Niland Email: [email protected] 241 W. 8th St. Elizabeth McMahon Covington, KY 41011 Mark Jorrisch, MD Chief, Juvenile Trial Division Email: [email protected] 3920 Dutchmans Ln #312 Louisville Metro Public Defender Louisville, KY 40207 719 W. Jefferson Street Mark E. Olive Tel: (502) 899-4177 Louisville, Kentucky 40203 Attorney Email: [email protected] (502) 574-3800 320 W. Jefferson Street Tallahassee, FL 32301 Tel: (850) 224-0004 Email: [email protected]
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Kevin Pangburn Kathleen Kallaher Schmidt Geoff Wilson Divison Director, Mental Health and Sub- Branch Manager, Appeals MSW, LCSW stance Abuse Department of Public Advocacy 501 Darby Creek Rd #11, Lexington, KY Department of Corrections 5 Mill Creek Park 40509 2439 Lawrenceburg Road Frankfort, KY 40601 Tel: (859) 338-0466 Frankfort, KY 40602 Tel: (502) 564-8006 Email: [email protected] Email: [email protected] E-mail: [email protected] Gerald Wilson Julia K. Pearson Jessica Paris Shoemaker Director of Clinical Operations Attorney, Appeals Branch Investigator, Capital Trials Branch Ridge Behavioral Health System Department of Public Advocacy 207 Parker Drive, Suite B 3050 Rio Dosa Dr. 5 Mill Creek Park LaGrange, KY 40031 Lexington, KY 40509 Frankfort, KY 40601 Tel: (502) 222-2662 Tel: (859) 338-0466 Tel: (502) 564-8006 Email: [email protected] E-mail: [email protected] Audrey Woosnam Elliot Slosar Attorney, Capital Trials Branch Sam Potter Attorney Department of Public Advocacy Staff Attorney Supervisor, Appeals Loevy & Loevy 207 Parker Drive, Suite B 5 Mill Creek Park 311 N. Aberdeen, 3rd Floor LaGrange, Kentucky 40031 Frankfort, KY 40601 Chicago, IL 60607 Tel: (502) 269-2325 Phone: (502) 564-5218 Tel: (630) 740-3698 Email: [email protected] Email: [email protected] Email: [email protected] Erin Yang Damon Preston Joseph Stidham Attorney, Appeals Branch Deputy Public Advocate 5961 Kentucky 80 Department of Public Advocacy Department of Public Advocacy Wooton, KY 41776 5 Mill Creek Park 5 Mill Creek Park Tel: (606) 279-6043 Frankfort, KY 40601 Frankfort, KY 40601 [email protected] Tel: (502) 564-5218 Tel: (502) 564-8006 E-mail: [email protected] E-mail: [email protected] Anthony Tanner Alternative Sentencing Worker Sara Zeucher Ann Roan Department of Public Advocacy Attorney, Trial Branch State Training Director 5 Mill Creek Park Department of Public Advocacy 1300 Broadway, Suite 400 Frankfort KY 40601 116 N. 2nd St. Denver, CO 80203 Tel: (502) 782-9371 Richmond, KY 40475 Email: [email protected] Email: [email protected] Tel: (859) 623-8413 Email: [email protected] Jeffery Robinson Rod Uphoff ACLU Professor, University of Missouri 125 Broad Street, 18th Floor 203 Hulston Hall New York NY 10004 Columbia, MO 65211 Tel: 212-549-2500 Tel: (573) 882-3035 Email: [email protected] Molly Rutherford, MD, MPH 6225 W. Hwy 146, Suite B Robert Walker Crestwood, KY 40014 UK Center on Drug and Alcohol Research Tel: (502) 565-6429 915B South Limestone Email: [email protected] Lexington, KY 40506-6623 Tel: (859) 257-6623 Amanda Sayle Email: [email protected] Information Systtems Supervisor Kentucky Department of Corrections B. Scott West 275 E Main St General Counsel Health Services Building G-20 5 Mill Creek Park Frankfort, KY 40601 Frankfort, KY 40601 Tel: (502) 564-4360 Tel: (502) 564-5239 Email: [email protected] Email: [email protected]
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FACULTY BIO’S
Hannah Autry is originally from Fayetteville, North Carolina. She attended has had the honor and privilege of representing three Wisconsin Innocence the University of North Carolina at Chapel Hill, double-majoring in Journalism Project clients who were ultimately exonerated. One of these clients, Evan & Mass Communication and Political Science, with a Minor in Social and Zimmerman, a man previously falsely convicted and sentenced to life in prison Economic Justice. After graduating UNC-Chapel Hill in the Spring of 2010, for a homicide that he did not commit, was the subject of a feature length she attended North Carolina Central University School of Law in Durham, documentary, Facing Life, the Retrial of Evan Zimmerman, which can be North Carolina. While there, she participated as a tutor for first-year students, seen in syndication on the Arts and Entertainment Network and the History founded the “Death Penalty Project,” a group that connected law students Channel. Keith has also worked as an actor, director and playwright. Keith has with various legal and social organizations in the community that focused on acted in Illinois, Wisconsin, Vermont and Connecticut. Plays he has written death penalty defense work, served as the President of the Public Interest Law have been produced in California, Illinois, Connecticut, and Wisconsin. Prior Organization, the Notes & Comments Editor of the NCCU Law Review, and to law school, Keith co-founded one theater company and managed two others participated in Moot Court and the Criminal Defense Clinic. Hannah graduated and devoted close to a decade of his life exclusively to the world of theater. Summa Cum Laude from law school in May 2013. Hannah passed the North Carolina bar exam in July 2013. She moved to Kentucky in September 2013 Angela McCormick Bisig has been a member of the Kentucky Judiciary and began her position as a Staff Attorney. She passed the Kentucky bar exam for 14 years. She is currently a Jefferson County Circuit Court Judge. She was in February 2014. She has since practiced as a staff attorney covering dockets elected to this position in November, 2012. Prior to this post, Judge Bisig in Woodford, Anderson, and mostly Franklin County. Hannah began practicing was elected and served for 10 years as a Jefferson County District Judge, on felony cases on the first day of the job, and has handled juvenile, status where she was first elected in 2002. Judge Bisig worked as a Juvenile Court offender, child support, district and felony case loads. Judge for many years and also helped to establish a special program called the Enhanced Supervision Docket requiring court supervision of domestic violence Rodney Barnes is a career Public Defender having spent over 20 years offenders. Judge Bisig was elected the Chief Judge of District Court in 2012. representing indigent people accused of crime in the Commonwealth of Before becoming a Judge, Judge Bisig worked as a prosecutor in the area of Kentucky at the trial level. Rodney first spent time in juvenile courts asa domestic violence and sexual assaults for 7 years. She also practiced civil law public and status offender before dropping out of high school to enlist in the in the firms of Brown, Todd & Heyburn and Greenebaum Doll & McDonald. United States Navy. He earned his GED while aboard the aircraft carrier USS Judge Bisig is very involved in the Community and is currently Chair of the Forrestal CV-59 while serving four years active duty. He then received his Board of Directors for Restorative Justice Louisville. She assisted in bringing BA in Psychology and his JD at the University of Louisville. Rodney began a restorative justice pilot project to juvenile court. This project is transforming his career as a Louisville Public Defender in 1994 and joined the Department youth in our community who have been charged with crimes in juvenile court. of Public Advocacy Frankfort Trial Office in 1999. He became that office’s She also serves on the Disproportionate Minority Confinement Committee of Directing Attorney in 1999 and continued in that role for over ten years, when the juvenile court. She has also worked for years on the Chief Justice’s Racial he was appointed as the Managing Attorney for the DPA Northern Region, Fairness Task Force. Judge Bisig is involved in our community’s international which includes his home office of the Frankfort Trial Office and DPA Trial community. She serves on the Board of Directors of the World Affairs Offices in Ashland, Burlington, Covington, LaGrange, Lexington, Maysville Council of Kentucky and Southern Indiana and regularly hosts international and Newport. Rodney continues to represent people charged with capital and delegations in her home. She also started the first ever language and cultural other serious offences in Kentucky courts. This includes James “Anthony” immersion program for the Jefferson County Court system. She served for Gray; his conviction for two counts of murder was vacated and remanded for a years with our local Sister Cities Program, and still participates in hosting new trial by the Kentucky Supreme Court after throwing out his coerced, false for this organization as well. Judge Bisig was voted the “Judge of the Year” confession on February 17, 2016. by the Louisville Bar Association in 2013. She has served on the Board of Directors of the American Red Cross, and worked extensively with Dare to Robert Belen began his Corrections Career in March of 2005 as an Offender Care in Louisville which is an emergency food bank. She has also served on the Information Specialist. In 2006 he was promoted to Victim Advocate with KY Board of Trustees of the University of Louisville and currently on their Board DOC Victim Services. Later in 2007 he became the Open Records Coordinator of Overseers. Judge Bisig’s undergraduate work was in Political Science at the for Offender Information Services. In 2008 he was promoted to the Supervisor University of Louisville. She served as SGA President when she was a student over the Initial Calculation Section. He was promoted to Offender Information at UofL. She is fluent in French and also speaks Spanish. She is married to Administrator in February of 2012. He has held his current position as Branch Arnold Rivera and has three sons and two step-children. Manager since Decemebr 2015. Allen Brenzel is an Associate Professor of Psychiatry and Pediatrics with the Keith Belzer is a nationally recognized lecturer and teacher on criminal University of Kentucky. He received his medical degree from the University defense issues, trial techniques and strategies. In addition to his position of Louisville School of Medicine. He is board certified by the American Board on the faculty at the National Criminal Defense College in Macon, Georgia, of Psychiatry and Neurology in Child Psychiatry and Psychiatry. and the Wisconsin Trial Skills Academy, Mr. Belzer has lectured or taught criminal defense lawyers in most of the 50 states. He also has presented to Stephen B. Bright is president and senior counsel for the Southern Center the Israeli National Public Defender, the Puerto Rican CJA Panel and The for Human Rights and teaches at Yale Law School. He served as director of People’s Republic of China, where Mr. Belzer was the keynote speaker at the the Southern Center for Human Rights from 1982 through 2005, where he first public defender regional training ever held in China. Mr. Belzer has been developed a national reputation as an opponent of the death penalty and named a Wisconsin Super Lawyer by his peers every year since its inception advocate of the right to counsel for poor people accused of crimes. He has been in 2005. In 2006 Mr. Belzer received one of 12 statewide Leaders in the president and senior counsel at the Center since 2006. He has taught at Yale Law awards from the Wisconsin Law Journal. Mr. Belzer is also a frequent Law School since 1993. commentator on national, statewide and local legal issues and has appeared on such nationally syndicated shows as 48 Hours, Good Morning America, Crime Steven Buck is a supervising attorney with DPA’s Appeals Branch. He Scene Investigation, The O’Reilly Factor and Geraldo at Large. Mr. Belzer received his J.D. from the University of Kentucky and his B.A. from Kalamazoo College.
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Allison Connelly, the James and Mary Lassiter Clinical Professor of Law organization’s 55th President. He served on the Board of Directors from 2000 - at the University of Kentucky College of Law, joined the faculty in 1996 as 2006. He also previously served as Chairman of the NACDL Audit Committee the first Director of the College’s Legal Clinic. She received her B.A. and J.D. and was a member of the Investment Committee and Long Range Planning degrees from the University of Kentucky. Prior to joining the law school, she Committee. He also served on the Kentucky Criminal Justice Council’s Drug spent thirteen years as a state public defender providing direct representation, Strategy Committee (1999), Kentucky Bar Foundation (Board, 1995-2004; including death penalty representation, to needy individuals at all levels of President, 2002-2003); Foundation for Criminal Justice (Trustee, 2009-) and the criminal justice system. She rose through the ranks to become the only Public Advocacy Commission since 1999 (Chairman since 2010). Jerry Cox is woman ever named as Kentucky’s Public Advocate, the head of Kentucky’s certified as a Criminal Specialist by the National Board of Trial Advocacy. In statewide public defender system. Professor Connelly has numerous published 2004, he served on the NBTA Board of Examiners. In 2002, he was awarded appellate decisions to her credit. Professor Connelly also teaches Litigation DPA’s Nelson Mandela Lifetime Achievement Award for his commitment to Skills, Criminal Procedure, Criminal Trial Process and Legal Writing, and is criminal defense. In 2004, he received the President’s Special Service Award the Director of the Kentucky Legal Education Opportunity (KLEO) Summer from the Kentucky Bar Association. Cox has written and lectured extensively Institute. She is the founder of the Kentucky Intrastate Mock Trial Competition, on criminal law issues. and is also the coach of the College’s highly successful trial teams, which include eleven nationally ranked trial teams in the last fifteen years. She Rebecca Ballard DiLoreto worked for DPA for 25 years as a law clerk, trial has received numerous awards for teaching and public service including the attorney, appellate lawyer, recruiter, directing attorney, manager and division 2011 Kentucky Bar Association’s Service to Young Lawyers Award, the 2011 director. For the past eight years she has devoted her legal efforts to protecting NAACP Empowerment Award and the 2009 UK Alumni Association Great the civil rights of those who face barriers such as those presented by implicit Teacher Award. and structural racial bias. Rebecca currently coordinates DPA’s Enhancing Youth Access to Justice Grant, serves as KACDL’s legislative agent and directs Dr. Ed Connor is a forensic psychologist in private practice in Northern the work of a new legal services organization, The Institute for Compassion in Kentucky. He was initially trained in psychotherapy at the Vallmotorp Justice, devoted to legal advocacy for persons from birth to age 25. Foundation in Katrineholm, Sweden. He served as a clinical consultant in Thailand and New Zealand for the United Swedish Therapeutic Community. Krista Dolan Krista Dolan is an attorney with the LaGrange Post-Conviction Dr. Connor earned his bachelor’s degree in Psychology at Thomas More Branch. She graduated from American University Washington College of Law College and his doctorate degree in Clinical Psychology from the University with her LL.M. in Law & Government and from Florida State University of Denver. He completed a clinical and forensic internship at the University College of Law with her J.D. Prior to joining DPA in 2012, she held positions of North Carolina Memorial Hospital in the Department of Psychiatry and at the American Bar Association’s Death Penalty Representation Project, the at the Federal Correctional Institution at Butner, North Carolina in the Public Defender Service for the District of Columbia, and the Office of the Forensic Evaluation and Sexual Offender Treatment Units. He then relocated Public Defender in Tallahassee, FL. to Tuscaloosa, Alabama where he served as the Clinical Psychologist at The Honorable Bernice B. Donald was nominated to the United DCH Regional Medical Center providing assessment and treatment as well States Court of Appeals for the Sixth Circuit by President Barack Hussein as psychological evaluations for the Probate Court. Dr. Connor operated a Obama on December 1, 2010, and re-nominated in January 2011. She was part-time private practice in Tuscaloosa where he conducted forensic-related confirmed by the Senate on September 6, 2011, becoming the first African evaluations, fitness for duty assessments, child custody evaluations and family American woman to serve on the Sixth Circuit Court of Appeals. Prior to treatment. Dr. Ed Connor opened a private practice in Northern Kentucky in joining the Court of Appeals, Judge Donald served on the U.S. District Court 1996 where he provides individual, marital, family and group psychotherapy. for the Western District of Tennessee, where she was appointed by President In addition to his clinical work, Dr. Connor specializes in forensic psychology. William Jefferson Clinton in December 1995, becoming the first African He frequently conducts evaluations and provides expert testimony in various American woman to serve on a federal court in Tennessee’s history. Judge court cases. Dr. Connor further serves as a consultant with the Children’s Home Donald served as Judge of the U.S. Bankruptcy Court for the Western District of Northern Kentucky, the Cincinnati/Northern Kentucky International Airport, of Tennessee from June 1988 to January 1996. She was the first African the Women’s Crisis Center and several city and county law enforcement American woman in the history of the United States to serve as a bankruptcy agencies throughout Northern Kentucky. Dr. Connor is licensed to practice judge. When she was elected to the General Sessions Criminal Court in 1982, psychology in Kentucky and Indiana. He is a Certified Domestic Violence she became the first African American woman to serve as a judge in the history Treatment Provider and is approved by the Commonwealth of Kentucky as a of the State of Tennessee. Judge Donald received her law degree from the Sex Offender Risk Assessment and Treatment Provider. Dr. Connor is also a University of Memphis, Cecil C. Humphreys School of Law where she has member of the Association for Applied Sports Psychology, the Association for served as an adjunct faculty member. She frequently serves as faculty for the the Treatment of Sexual Abusers, the Kentucky Psychological Association and Federal Judicial Center and the National Judicial College. An internationally the Association for the Advancement of Psychology. Dr. Connor co-authored recognized legal scholar, Judge Donald has lectured and trained judges around a published journal article on psychologists’ ability to detect malingering and the world for many years. Judge Donald has served as faculty for programs in was a contributor to a published article on the use of the MCMI-III in Child Romania, Mexico, Turkey, Brazil, Bosnia, Ukraine, Botswana, South Africa, Custody Evaluations. Namibia, Senegal, Rwanda, Tanzania, Russia, Egypt, Morocco, Thailand, Jerry J. Cox is a sole practitioner and has been practicing criminal defense Cambodia, Armenia, Jamaica, and Manila. In 2003, Judge Donald led a People law for over 40 years. He has served on the faculty of DPA’s Trial Practice to People delegation to Johannesburg and Capetown, South Africa. In 2005, Institute. He is a member of the American and Kentucky Bar Associations she and traveled to Zimbabwe to monitor the trial of a judge accused of judicial and has served on the KBA’s Unauthorized Practice of Law Committee misconduct. Judge Donald is the first African American woman, and the first (1993-2007), Criminal Rules Committee (1995-2007), Legislative Committee African American to serve as President of the American Bar Foundation. She (1999-2005), Prescription Drug Abuse Task Force (2003) and as Chair of the also served as President of the National Association of Women Judges, and the Criminal Law Section (1994). He is a member of the Kentucky Association Association of Women Attorneys. In June 2005, Judge Donald co-founded of Criminal Defense Lawyers; received the Presidential Award in 1995 and 4-Life, a skills training and enrichment program for students ages 6 to 15 served as President in 1997. He is a life member of NACDL and served as the designed to teach children to become positive productive citizens and avoid
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 25 WE’LL BE THERE the criminal justice system. Until 2015, she served on the Board of Directors Evidence, and Testimony (2007), Science for Lawyers (2008), Evaluation of the Stax Museum of American Soul and the Stax Academy Charter School. for Guardianship (2010), and Handbook of Forensic Assessment (2011). Currently, Judge Donald serves as chair of the American Bar Association He has lectured extensively throughout North America and in Europe, Asia, Criminal Justice Section, the first African American woman to have served and Australia on such topics as forensic assessment, ethics, and professional in that position. Her focus has been on issues of children of incarcerated development. Dr. Drogin’s multidisciplinary practice encompasses mental parents, mass incarceration, and the collateral consequences of incarceration. health law, expert witness testimony, and trial consultation. Judge Donald has been the recipient of over 100 awards for professional, civic, and community activities, including the Woman of Achievement Award, the Jodie English has been practicing criminal law for thirty-six years. She is Women’s Foundation’s Legends Award, the Joan Dempsey Klein Award from in private practice in Indianapolis, handling serious felonies, including death the National Association of Women Judges, the Distinguished Alumni Award penalty cases - the latter at times as a trial defender, a mentor in post conviction from the University of Memphis, the Martin Luther King Community Service and, most recently, as a capital mitigation specialist and jury consultant. She Award, and the Benjamin Hooks Award presented in 2002 by the Memphis worked as a public defender in North Carolina and with the federal defender’s Bar Foundation. In 2011, she received the Spirit of Excellence Award from office in Baltimore. From 1998 – 2009, in addition to her practice, Jodie was the ABA Commission on Diversity. In 2013, Judge Donald was elected to the the training director for the Indiana Public Defender Council. Jodie has served Board of Directors of the American Judicature Society, featured as the January as a faculty member for the National Criminal Defense College summer historical figure in law on AT&T’s African American History Calendar, and in Trial Practice Institutes since 1981, for NCDC’s advanced programs in Cross August of 2013, she was featured in the Federal Lawyer Magazine. During the Examination, Theories and Themes of Persuasion, Voir Dire and Closing 2013 annual meeting of the National Bar Association, Judge Donald received Argument; and capital trial advocacy programs including Life in the Balance, the William H. Hastie Award. The Hastie Award is the Judicial Council’s the Darrow Death Penalty College, and the Bryan Schechmeister Death Penalty highest award and is presented to recognize excellence in legal and judicial College in San Jose, California. Jodie has taught criminal defense lawyers in scholarship and demonstrated commitment to justice under the law. In 2013, twenty seven states and was part of a team invited to Moscow to facilitate Judge Donald also received the Difference Makers Award from the Solo, Small the Russians’ transition from three judge panels to juries. Leadership positions Firm & General Practice Division of the American Bar Association (ABA), and include service on the Indiana Supreme Court Rules Committee from 1998- the Pioneer Award from her fellow classmates at East Side High. Judge Donald 2006; IPDC’s Board of Directors from 1991–1998 and IPDC Board Chair received the Justice William Brennan Award by the University of Virginia in from 1994-1996. From 1985-1989 she was an Associate Professor of Law January of 2014, and the Pickering Award from the Senior Lawyers Division at Georgia State University College of Law and a Visiting Professor of Law of the ABA in August of 2014. Most recently, Judge Donald received the teaching in Emory University’s LLM in Litigation. She is the author of “The Be the Dream Legacy Award from the City of Memphis in January of 2015, Light Between Twilight and Dusk, Federal Criminal Law and the Volitional and the Women of Excellence Award from the Tri-State Defender in April Insanity Defense, 40 Hastings L.J. 1 (1988); and “Techniques for Teaching of 2015. While serving as the first woman to chair the ABA Commission on Courtroom Skills,”(2005), a nationally recognized guide to aid trainers in opportunities for Minorities in the legal profession (1994-1997), Judge Donald coaching trial defenders. She has been an Indiana “Super Lawyer” annually had the vision to create an award ceremony to honor the contributions of men from 2006 – 2013. Her son is an artist and free-lance journalist in Cambodia and women of color. The first award ceremony was presented in 1996. To that and her daughter is a med student at Indiana University. In her spare time Jodie end, she created the Spirit of Excellence Award, the flagship event during the writes poetry, jogs, kayaks and reads. ABA mid-year meeting. Patti Fayed is an Investigator III with the Covington Trial Office of the Eric Y. Drogin J.D., Ph.D., ABPP is a Fellow of the American Academy Kentucky Department of Public Advocacy. Patti has been with the DPA since of Forensic Psychology, a Diplomate and former President of the American 2014. During this time, she has worked on numerous murder cases, a Capital Board of Forensic Psychology, and a Diplomate of the American Board of case, provided training to investigators and assistance to DPA members around Professional Psychology. He currently holds faculty appointments with the the State. Patti graduated from Eastern Kentucky University with a B.S. in Harvard Medical School (in the Program in Psychiatry and the Law) and Police Administration and a Minor in Biology. After graduation, she joined the the Harvard Longwood Psychiatry Residency Training Program (as a course New Haven Police Department in New Haven, CT. While with the New Haven instructor and supervisor), and lectures regularly for the Prifysgol Aberystwyth Police, Patti worked as a patrol officer and Sergeant. She was on the Bomb (formerly “University of Wales”) as an Honorary Professor of Psychology and Squad, National Anti-Terrorism Task Force, National Outlaw Motorcycle also as an Honorary Professor of Law. Additional positions have included Gang Task Force, and Supervisor of the Warrant Squad, Investigator Chair of the American Psychological Association’s Committee on Professional assigned to Drug Interdiction, Sexual Assaults, Robberies, and Homicides. Practice and Standards, Chair of the APA’s Committee on Legal Issues, and She was also a Hazardous Materials Technician with specialized training in President of the New Hampshire Psychological Association. Dr. Drogin is a Biological, Chemical and Nuclear Weapons. Patti was an explosives Post Fellow of the American Bar Foundation. His current American Bar Association Blast Investigator and worked with the FBI on a Bombing that occurred just roles include Chair of the Behavioral and Neuroscience Law Committee and months after 9/11. After leaving policing, Patti was a Police Instructor at the Member of the ABA Advisory Panel. Additional ABA positions have included Department of Criminal Justice Training in Richmond, KY. Patti spent 5 years Chair of the Section of Science & Technology Law, Chair of the Committee training Kentucky Law Enforcement in every area of policing. She is a certified on the Rights & Responsibilities of Scientists, and Commissioner of the Adult-Learning Instructor and certified to teach all aspects of policing. During Commission on Mental and Physical Disability Law. Dr. Drogin teaches on her time at the police academy, she trained officers in Pursuit and Defensive the adjunct faculty of the University of New Hampshire School of Law and as Driving, Advanced Patrol Skills, Explosives, Homeland Security, Interview and an Instructor in the Harvard Law School Trial Advocacy Workshop. Having Interrogation, Drug Interdiction, High Risk calls, Active Shooter (in schools), served as the Editor in Chief of the Journal of Psychiatry and Law and currently Outlaw Motorcycle Gangs, Street Gangs and Intelligence Gathering. During serving as the Co-Editor in Chief of Psychological Injury and Law, Dr. Drogin this time, Patti remained an undercover investigator on the National Outlaw has authored or co-authored over 200 legal and scientific publications to date, Motorcycle Gang Task Force and traveled around the country conducting including the books Criminal Law Handbook on Psychiatric and Psychological investigations with the team. Patti left the Police Academy to travel to the Evidence and Testimony (2000), Civil Law Handbook on Psychiatric and Middle East where she put together an entire training course for the female Psychological Evidence and Testimony (2001), Mental Disability Law, members of the United Arab Emirates female Presidential Guard. During her 4 years in Abu Dhabi, Patti trained UAE female military soldiers in all aspects
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 26 WE’LL BE THERE of VIP Protection. She created the training schedule, supervised the team of Joe Guastaferro is a trial consultant specializing in courtroom persuasion. female instructors, supervised the military students and assisted in developing With advanced degrees in theatre, and a career as a professional actor behind the Standards and Protocols, Patti wrote all of the advanced courses, trained all him, his focus is on the connection between the legal and factual issues in the aspects of the course; and, at the end of 4 years, had trained more than a full case and the life concerns jurors bring with them to the courthouse. Dedicated company (120) of female Protection Agents. This had never been done before to training criminal defense lawyers he taught his first criminal defense CLE in the Gulf Region, and not to this scale anywhere else in the Middle East. course in 1976. In May of 2003, he lectured in Salzburg, Austria on the Impact of Terrorism on American Juries. He is a member of the faculty of the National Melanie Foote Hollingsworth joined the Education Branch in 2015. She Criminal Defense College and teaches for the National Institute for Trial received her undergraduate degree from the University of California, San Advocacy as well a lecturing for NACDL and other defense organizations. In Diego and her J.D. from Brooklyn Law School. She is a member of New York 1995 and 1996, Joe was part of a nine person team who taught trial skills in and Kentucky State Bars, and has been practicing in Kentucky since she joined Russia to criminal defense lawyers of the former Soviet Union. Joe was also the Adult Post Conviction Branch of the Department of Public Advocacy in a member of the inaugural faculty of Gerry Spence’s Trial Lawyer’s college 2007. In 2009, she joined the Kentucky Innocence Project to work exclusively and taught there from 1994 through 1998. Joe has worked on over 200 trials on DNA based claims of actual innocence. At the completion of the DNA Grant as a trial consultant and jury selection specialist in both civil and criminal in 2010, she began representing clients in district, circuit, juvenile and family cases. In the civil arena, he has been on the plaintiff’s side of numerous multi- court in the Elizabethtown and LaGrange Trial Offices. million dollar verdicts and on the criminal side he has worked with teams on wide variety of cases. He has worked on both state and federal capital cases Heather Gatnarek is a Staff Attorney in DPA’s Capital Trial Branch West. nationwide as a jury consultant or a court appointed mitigation specialist. She received her undergraduate degree from Boston College, and her JD from Georgetown. She came to DPA in 2012 as a member of Equal Justice Drew Haile works as Legal Counsel in the Office of Legal Services at the Works’ Public Defender Corps Fellowship; through that fellowship she is a Kentucky Administrative Office of the Courts. Drew graduated from Western participant in the nationwide Gideon’s Promise training program. Outside of Kentucky University and received his J.D. from the University of Louisville her commitment to justice for Kentucky’s most vulnerable, Heather is also Brandeis School of Law. Drew works primarily on eFiling and CourtNet 2.0. committed to her New Hampshire roots - she’s a big fan of winter, the Boston Bruins, and fictional president Jed Bartlet. Brian Hewlett is a 1992 graduate of the Morehead State University. He graduated from the University of Kentucky College of Law in 1995. Brian Roger Gibbs is the Eastern Regional Manager. Roger Gibbs is the Eastern joined DPA in 2006 when the Boyd County Public Defender’s Office became Regional Manager for the Department of Public Advocacy. He is a graduate the regional office site for a DPA office. He has served as Directing Attorney in of Georgetown College and the University of Kentucky Law School. He is a the Boyd County Office since February of 2006. The Boyd County Trial Office member of KBA, KACDL and Laurel Bar Association. He is also the husband serves indigent clients in Boyd, Carter, Greenup and Lewis Counties. He of Teressa and father of two wonderful children, James and Hannah. received the DPA Gideon Award in 2010 recognizing his career contributions to the representation of indigents. He has presented for the Kentucky Bar Hannah Gibson received her Bachelor’s Degree in Criminal Justice at the Association. He regularly teaches at the Department of Public Advocacy University of Indiana Southeast. She started with the Kentucky Department Annual Conference, Litigation Practice Institute, Capital Voir Dire Training, of Corrections in 2010 as a Probation and Parole Officer and then was offered District Court Training and Capital Defense Regional and Statewide Trainings. the position as a Reentry Parole Officer in 2012. While serving in this role, He has also taught at the Colorado Office of Alternate Defense Counsel and she directly supervised returning citizens, providing them with referrals to will be joining the faculty at the National Criminal Defense College in Macon, accommodating resources and attended community member and task force GA and the Clarence Darrow Death Penalty Institute this summer. He is an avid meetings that were reentry focused. She was also a Field Training Officer, guitar player and proud father of Quentin Elijah Hewlett. Safety Officer, and Workforce Coordinator for her district during this time. In 2015, Hannah was promoted to Program Administrator with Reentry Branch. Suzanne Hopf is a staff attorney for the Department of Public Advocacy in In this position, she is a mentor and Program Director for Probation and Parole Kentucky and has worked as a juvenile specialist since 1998 in the Juvenile Officers in the community who are facilitating classes to those on supervision. Post Disposition Branch. During this time Suzanne has succeeded in numerous She also provides support to the Reentry Coordinators in the adult institutions, published opinions advancing the rights of juveniles in Kentucky. She has in order to help promote reentry initiatives. Hannah has dedicated over five also represented institutionalized children in the areas of civil rights and civil years to helping those who struggle with multiple barriers when reintegrating liberties. As a member of the Kentucky DPA Juvenile Post Disposition Branch back into society. Besides implementing motivational interviewing skills Suzanne is one of five attorneys in the branch that specialize in representing during report days, Hannah was one of the first instructors to pilot a cognitive youth that have been transferred to adult court and regularly co-counsels with behavioral therapy class called “Thinking for a Change.” Along with this, their local trial counsel when the child returns to court to be considered for Hannah is trained to teach a number of evidence based programs and is certified probation at eighteen years of age. She has extensive experience in developing to evaluate the quality assurance of programs being facilitated for Correctional alternative sentencing plans and conducting hearings in favor of probation Institutions. for Kentucky’s youthful offenders. She is regularly involved in the DPA new attorney training and teaches at statewide juvenile law summits in Kentucky. Molly Rose Green is this year’s Yale Initiative for Public Interest Law Suzanne graduated from the University of Louisville Brandeis School of Law fellow. Her year-long project aims to increase the number of Kentuckians and holds a Master’s Degree in Sociology from Colorado State University. clearing their criminal records through legislative advocacy and community Suzanne has also worked as adjunct faculty for the Indiana University Criminal education. Molly is a graduate of American University Washington College Justice Division, for Spalding University in Louisville, and for the University of Law and Yale University. She previously worked for Gerry Spence’s Trial of Louisville Department of Sociology during the past nineteen years. She is a Lawyers College in Dubois, Wyoming and clerked for Judge Thomas Russell member of both the Kentucky and Indiana Bar Associations. in Paducah, Kentucky.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 27 WE’LL BE THERE
Melinda Hornback, MSW, CSW, graduated Indiana Wesleyan University actor, getting the chance to play the lead in “Two Gentlemen of Verona” on in Marion, Indiana with a Bachelor of Social Work in 2007. She obtained her the stage of the Globe Theater in London, during a summer program there. Master of Social Work from the University of Michigan in 2011. Melinda has After having secured a talent agent on 88th street in New York and spending a worked for DPA since January 2015 and is currently the Alternative Sentencing great deal of time unemployed, Glenn joined the 101st Airborne Division when Worker in Bell and Harlan counties. Before DPA, Melinda worked as a Desert Storm began and served for two-and-a-half years as an infantryman. Pediatric Therapist for foster care and acute psychiatric services. She has 20 After digging ditches in a Kentucky state park for a year, Glenn went to law years of experience as a foster parent and working in child residential facilities school where he directed a production of “Gone with the Wind” starring the in Indiana. Melinda has been married 33 years, has 2 adult children and 4 law school faculty and students during his third year, and won the College of precious grandsons. Law Faculty Cup at graduation. Since joining the education branch, Glenn has designed and revised the new attorney training portion of the Kentucky Public Mark Jorrisch, M.D., earned a BS from Union College in Schenectady, Defender College, published five editions of the DPA Trial Law Notebook, New York, and an MD from Emory University School of Medicine in Atlanta, contributed numerous studies of criminal justice issues to the Public Advocate, Georgia. He completed an Internal Medicine residency at the University of and designed the investigator training portion of Faubush. Glenn has also Virginia Hospital in Charlottesville, Virginia. Dr. Jorrisch is a practicing trained public defenders in Georgia, Pennsylvania, and Missouri. physician in Internal Medicine at Jewish Hospital. He is the Medical Director for the MORE Center, is a consultant for the Kentucky Board of Medical Elizabeth McMahon has served as Chief of the Juvenile Trial Division at Licensure, and is an Assistant Clinical Professor in Internal Medicine at the the Louisville Metro Public Defender’s Office since 2013. She is a graduate University of Louisville School of Medicine. He serves as a Mentor for the of Transylvania University and the University of Kentucky School of Law. Physician Clinical Support System for Buprenorphine for Kentucky. She began her career at the Louisville Metro Public Defender’s Office in 1994 and has served as a staff attorney in the Juvenile, Mental Health, and Andrea M. Kendall is a Staff Attorney with DPA’s Newport Trial Office. Appellate Divisions. Beth received the Department of Public Advocacy’s In Andrea graduated from Georgetown University Law Center in 2009 and has re Gault Award in 2014 and the Kentucky Association of Criminal Defense worked as a public defender in Montgomery County, Maryland and Santa Lawyers’ Gail Robinson Juvenile Justice Award in 2015. Beth serves as co- Barbara County, California. Andrea joined DPA in 2011 as a Public Defender chair of the Jefferson County Juvenile Justice Advisory Committee and as co- Corps Fellow. chair of the Jefferson County steering committee for the Juvenile Detention Alternatives Initiative. Beth is also a member of the Kentucky Supreme Court Karen King-Jones is a Staff Assistant with the Division of Community Standing Committee on the Juvenile Court Rules of Procedure and Practice, and Mental Health Services at the Department of Juvenile Justice and the Restorative Justice Louisville Program Advisory Committee, the KBA Commissioner of Interstate Compact for Juveniles. She received her BSSW Committee on Child Protection and Domestic Violence, and the Kentucky from Western KY University and her MSSW from the University of Louisville. Association of Criminal Defense Lawyers. She began her employment with Kentucky state government in 1989. She was previously a Branch Manager with the Department of Juvenile Justice. She is Kelly Mears received her Bachelors Degree in Criminal Justice at the a current member of the following committees: State Task Force on Human University of North Texas. She started with the Kentucky Department of Trafficking; Interstate Compact sub-committee on Human Trafficking; and Corrections in 2008 as a Probation & Parole Officer in Louisville. She also Interstate Compact sub-committee on Compliance. worked as a Probation & Parole Officer in Carroll County and an Assistant Supervisor in Louisville. Kerry was promoted up to the Reentry Branch in Erin Kincaid received her B.S. in Criminal Justice from the University of November 2013. She is currently working on how to help returning citizens Cincinnati in 2009, and her J.D. from the University of Denver in 2012. She obtain employment and what training might be made available while worked on corrections policy issues with the National Conference of State incarcerated. Legislatures from 2010-13, and with criminal defense teams on both trial and post-conviction capital cases in Colorado. Erin moved to Kentucky in October Alyssa Miller holds a Master’s Degree in Social Work with a concentration in 2013 to join DPA’s Capital Trial Branch West as a Mitigation Specialist. She mental health from the University of Kentucky. She is currently state licensed is the proud dog-mom of Agnes, a selectively misanthropic Australian cattle as a Certified Social Worker and has six years of social work experience. mutt. Alyssa has a passion for working with people who are faced with some of life’s most difficult challenges. Alyssa started her career at the Department of Christopher Kippley is a Chase College of Law graduate and began working Public Advocacy in January 2015 and is an Alternative Sentencing Worker in in DPA’s Maysville trial office in 2008. In 2012, Chris joined the Law Offices the Lexington South office. of Raymond Bogucki and spent three years practicing civil litigation. In 2015, Chris returned to the Maysville trial office where he is primarily responsible for Nathan Miller is a 2002 graduate of the Brandeis School of Law at the DPA cases in Fleming County and assists other trial offices with conflict cases. University of Louisville and completed undergraduate studies at Georgetown College. He began his career as an attorney for Kentucky’s Transportation Molly Mattingly is a Staff Attorney with the DPA’s Appeals Branch. She Cabinet before relocating to Washington, D.C. to work as a legislative analyst is a graduate of Wake Forest University in Winston-Salem, North Carolina, and lobbyist. In 2010, he returned to Kentucky to concentrate on criminal the Vanderbilt University Divinity School in Nashville, Tennessee, and the defense and worked at DPA’s Bell County office before moving to the University of Louisville’s Brandeis School of Law. Morehead office, where he has represented clients for the last three years. He is NHTSA certified in DWI Detection and Standardized Field Sobriety Testing Glenn McClister is a Staff Attorney with DPA’s Education and Strategic and regularly assists with new attorney training in Frankfort, discussing DUI Planning Branch. Glenn received his J.D. from the University of Kentucky in law principles and trial techniques. 1997, and for nine years worked as an Assistant Public Advocate in Somerset, Kentucky, handling over 400 cases per year. Prior to becoming an attorney, Glenn was a state champion in speech during high school and competed during college as well. After completing the requirements for an M.A. in philosophy, including teaching for six years, he then spent two years as a professional
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 28 WE’LL BE THERE
Edward C. Monahan began as a KY public defender in 1976. He was Kevin Pangburn is the current Director of the Division of Substance Abuse appointed KY Public Advocate by the Governor September 1, 2008. Monahan Services for the Kentucky Department of Corrections. In this capacity, his served on the ABA Task Force on Preservation of the Justice System from 2011- Division oversees substance abuse assessment, programming and after care 12 and co-chaired by Ted Olsen and David Boies. Ed is a charter board member services for adult felony offenders in need of substance abuse interventions in of the Kentucky Association of Criminal Defense Lawyers and is past president prisons, jails, halfway houses, Recovery Kentucky Centers and in partnership of KACDL, and now chairs the KACDL Education Committee. He is past chair with the Community Mental Health Centers. Mr. Pangburn is a 24 year veteran of the Kentucky Bar Association’s Criminal Law Section, was a member of of corrections, having served in a variety of capacities during his tenure. He is the KBA Ethics Committee from 2000-2007 and 2008-2011. He is past chair a Licensed Clinical Alcohol and Drug Counselor and Licensed Marriage and of the American Council of Chief Defenders and chaired its Leadership and Family Therapist. Development Committee. Monahan is a member of the National Association of Criminal Defense Lawyers and co-chairs its Subcommittee on Pretrial Julia K. Pearson, a graduate of Berea College and the Brandeis School of Release Advocacy. He is a member of the Steering Committee of the National Law, will celebrate her 27th anniversary with the Department and her 13th Association for Public Defense. He was co-counsel in Gall v. Parker, 231 F.3d anniversary in the Appeals Branch on June 1. She is a former Paralegal and 265 (6th Cir. 2000) and Kordenbrock v. Scroggy, 919 F.2d 1091 (6th Cir. 1990) Staff Attorney in the Capital Post-Conviction Branch and a retired Army wife. (en banc) both granting federal habeas relief to clients sentenced to death. Her husband, Paul, served for 28 years in the Army/Army Reserve, including Monahan was counsel in Binion v. Commonwealth, 891 S.W.2d 383 (Ky. 15 months in Kuwait and Iraq, before he retired in 2011. In her spare time, Julia 1995) which recognized the constitutional requirement for defense experts. enjoys trading books with Paul, indulging their eclectic tastes in music and His publications include Coping with Excessive Workload, co-authored with providing warm-blooded furniture for four spoiled cats and Lilly, the yellow James J. Clark, Ph.D., in ABA Ethical Problems Facing the Criminal Defense Lab. Lawyer: Practical Answers to Tough Questions (1995). Sam Potter is a staff attorneys supervisor in the Appeals Branch of the Kyle Morris is a staff attorney in the Richmond trial office. He graduated Department of Public Advocacy. He joined DPA in 2004 as a staff attorney from Middle Tennessee State University with a music industry degree with the Appeals Branch. He is a 2003 graduate of the Brandeis School of Law and worked on Music Row in Nashville before attending the University of at the University of Louisville. Kentucky College of Law. He has given presentations at various events on Damon Preston is the Deputy Public Advocate for DPA. After graduating digital forensics. Kyle currently resides in Richmond with his wife and son. from Transylvania University and Harvard Law School, Damon began his legal Amy Nace-DeGonda has her undergraduate degree in Sociology from the career in the Criminal Appeals Bureau of the Legal Aid Society in New York University of Louisville. Amy has been working in social services since 2002. City. He returned to Kentucky in 1997 and has been with DPA ever since. Amy works with Catholic Charities of Louisville as the Human Trafficking First a staff attorney in the Richmond trial office, Damon led the Paducah and Case Manager, where she provides educational workshops and trainings on then Cynthiana offices as Directing Attorney. Starting in 2004, he managed human trafficking, assists in development of a statewide anti-trafficking DPA’s Appeals Branch before joining DPA’s Leadership Team as Trial Division coalition, and works directly with identified victims of human trafficking Director in 2007. Early in 2011, he was appointed Deputy. In addition to throughout Kentucky. She works closely with social service providers, health assisting the Public Advocate in leadership, his work includes DPA’s legislative care workers, law enforcement, and others to ensure that human trafficking is efforts, policies, and the JustWare case management system. In addition to being identified in our communities and that the survivors are provided with work through DPA, Damon serves on the board of the Kentucky Association of the resources they need to rebuild their lives. Amy has provided training on Criminal Defense Lawyers and is a past chair of the Criminal Law Section of human trafficking to churches, social service agencies and volunteers. Amy the Kentucky Bar Association. Damon lives with his wife Amy and daughters works on the HOPE Campaign, creating materials for training professionals Abbie and Marissa in Georgetown, close enough for occasional family trips to as well as volunteers. She works in the community to build relationships with Reds games. businesses to increase participation in the HOPE Campaign. Ann Roan is the State Training Director for Juvenile Defense and Complex John Niland was Regional Manager of the Western Region for the Kentucky Litigation for the Colorado State Public Defender. She has been the State Department of Public Advocacy (DPA) and the Directing Attorney for DPA’s Training Director since 2004 and has been a public defender since 1990. Bowling Green office. He moved to Texas in 2000 where he directed the Before her appointment to that position, she spent 10 years as a deputy public Texas Defender Service’s Capital Trial Project for over 12 years. His awards defender in trial offices throughout the state, and six years practicing in the include the Robert Louis Cohen Award given by the New York Criminal Public Defender’s appellate division. She has spoken at conferences all over Bar Association and the Niland-Wischkaemper Award given by the Center the country sponsored by NACDL, NORML, NJDC and other national defense for American and International Law. John is retired and lives with his wife, organizations. In Colorado, she has spoken at conferences sponsored by the Darlene, in Covington, Kentucky. CBA, the CCDB and COBALT. Ann is on the faculty of the National Criminal Defense College in Macon, GA; the NACDL Capital Voir Dire College in Mark Olive is an attorney in private practice. For thirty-five years he has Boulder, CO; and has taught state and federal criminal defense lawyers in defended capital cases at trial, on appeal, and in post-conviction proceedings, Georgia, Kentucky, Texas, New Orleans, Washington, Santa Fe, Alabama, and has taught United States Supreme Court and Capital Punishment Seminars Utah, California, Washington D.C. and Alaska. She is an adjunct professor in law schools around the country. Mark’s litigation work includes his cases at the University of Colorado School of Law and is a frequent guest lecturer before the United States Supreme Court -- notably including Hurst v. Florida on voir dire at the law schools at both CU and the University of Denver. She (pending; challenge to Florida death penalty system), Hall v. Florida (challenge was inducted into the American Board of Criminal Lawyers in 2010 and to Florida rule on execution of the intellectually disabled), Herrera v. Collins contributed a chapter to the critically acclaimed book, How Can You Represent (execution of the innocent) and Atkins v. Virginia (execution of the mentally Those People, published in 2013. retarded) -- and before Federal Circuit courts, district courts, and state courts nationwide. Mark has served as Habeas Assistance and Training Counsel with John Blume since the project’s inception in 1996.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 29 WE’LL BE THERE
Jeffery Robinson is a Deputy Legal Director and the Director of the Center before transferring to La Grange. Jessica is a board certified criminal defense for Justice, which houses the ACLU’s work on criminal justice and reform investigator, who earned her Masters and Bachelors of Science degrees in issues. Since graduating from Harvard Law School in 1981, Jeff has three Criminal Justice at the University of Alabama at Birmingham. Since joining decades of experience working on these issues. For seven years, he represented DPA, she has received additional training in mitigation, forensics, crime scene indigent clients in state court at The Defender Association and then in federal photography, and capital voir dire. Jessica is an Alabama native, who resides court at the Federal Public Defender’s Office, both in Seattle. In 1988, Jeff with her husband George and daughters, Mamie and Georgia. began a 27 year private practice at the Seattle firm of Schroeter, Goldmark & Elliot Slosar joined Loevy & Loevy, a nationally recognized civil-rights Bender where he represented a broad range of clients in local, state, and federal law firm based in Chicago, in the spring of 2008, and worked as thefull- courts on charges ranging from shoplifting to securities fraud and first degree time in-house investigator while attending law school. Since 2013, Elliot has murder. He has tried over 200 criminal cases to verdict and has tried more concentrated his practice on wrongful convictions, police brutality, false arrests, than a dozen civil cases representing plaintiffs suing corporate and government and other constitutional issues, while securing more than $33 million for his entities. Jeff was one of the original members of the John Adams Project and clients. Elliot also donates a portion of his time to the Exoneration Project at the worked on the behalf of one of five men held at Guantanamo Bay charged University of Chicago Law School, where he represents prisoners wrongfully with carrying out the 9-11 attacks. In addition to being a nationally recognized convicted of crimes in state and federal proceedings. In this capacity, Elliot trial attorney, Jeff is also a respected teacher of trial advocacy. He is a faculty has assisted in successfully overturning numerous wrongful convictions and member of the National Criminal Defense College in Macon, Georgia and has has retried several cases. To date, Elliot has helped exonerate five clients from lectured on trial skills all over the United States. He has also spoken nationally their wrongful convictions. Prior to joining Loevy & Loevy, Elliot worked for to diverse audiences on the role of race in the criminal justice system. He is the Office of the State Appellate Defender in the Death Penalty Trial Assistance past President of the Washington Association of Criminal Defense Lawyers Unit, where he was assigned to work on capital cases. and a life member and past member of the board of directors of the National Association of Criminal Defense Lawyers. Jeff is also an elected fellow of the Joseph Stidham is a former KSP Trooper and was trained as a traffic American College of Trial Lawyers. Collision Reconstructionist by IPTM as a Trooper. He left the KSP in 1998 and opened SRI. Over the past 16 years with SRI, Joey has continued to train in the Dr. Molly Rutherford is Board Certified in family medicine and addiction field of traffic collision reconstruction and has over 1,000 hours training; an medicine and practices in Crestwood, KY. The following summary describes equivalent to 2.5 years of college as a full-time student specific to the field of her career goals: A self described realist and problem solver, I am driven to traffic collision reconstruction. Joey has been qualified as an expert in numerous provide compassionate, comprehensive healthcare to people of all ages. Truly courts in KY, WV, and TN. He has set himself apart from other people by his comprehensive healthcare includes wellness, prevention, and treatment of both ethics and honesty. SRI has the technology and equipment to support Joey in physical and mental/behavioral health. After 8 years of trying to accomplish any situation in the field of reconstruction. He has assisted and or testified in this goal within the complicated, dysfunctional healthcare system, my husband 18 criminal cases where there have been acquittals and or dismissals in cases and I opened a Direct Primary Care practice, where I treat people of all ages. ranging from assault to murder. Joey is trained to the highest level possible Practicing in Kentucky during the opioid epidemic led me to pursue a specialty from the IPTM the Institute of Police Technology and Management. in Addiction Medicine to compliment my Family Medicine background. Addiction is a chronic brain illness that affects entire families and communities. Anthony Tanner, MSW, is a graduate of the University of Kentucky As President of the Kentucky Chapter of the American Society of Addiction obtaining both a BA in Psychology in 2008 and a Masters in Social Work Medicine, my goal, along with my colleagues, is to raise awareness and end (MSW) in 2012. Anthony has been an employee of DPA for nearly 3 years and discrimination towards people with addiction, and improve access to evidence is currently the Alternative Sentencing Worker for the Juvenile Post Disposition based treatment for substance use disorders, particularly opioid dependence. Branch. Having experienced an internship and grant funded position with DPA, Law enforcement, government, healthcare providers, and patients must work Anthony has worked in a variety of roles and has witnessed the evolution of together to reverse this epidemic which is killing too many people in Kentucky the Alternative Sentencing Program. Anthony has also been employed in areas and throughout the U.S. of domestic violence with Hope’s Wings Domestic Violence Program and HIV community work with AVOL (AIDS Volunteers Inc.). Amanda Sayle began her career with the Department of Corrections in 1999. In 2008, after holding several positions within Offender Information Services, Rodney J. Uphoff is first Elwood L. Thomas Missouri Endowed Professor of Amanda transferred to Information and Technology as a Systems Analyst to Law at MU, where he also served as the associate dean of academic affairs for work on the Kentucky Offender Management System. Amanda is currently an three years. In 2006, Uphoff was selected to be the director of the University of Information Systems Supervisor with the Department of Corrections where she Missouri South Africa Educational Program, representing the four University and her staff support approximately 6000 KOMS users. She has been with the of Missouri System campuses. He also directs the School of Law’s study Department of Corrections for 17 years. abroad program in Cape Town, South Africa. Before joining the MU faculty in 2001, Uphoff taught at the University of Oklahoma College of Law, where he Kathleen Kallaher Schmidt has served DPA as the Appeals Branch served as a professor and director of clinical legal education and ran a criminal Manager since June 2007. A graduate of Vanderbilt University and the defense clinic for 10 years. From 1984 to 1988, he directed a criminal clinic University of Kentucky School of Law, Ms. Schmidt began her career at DPA at the University of Wisconsin Law School. Before becoming a law professor, as an intern in 1981 and as an attorney in 1983. She practiced in the Appeals Uphoff was a public defender, including service as the chief staff attorney of Branch and became Assistant Director of the Capital Resource Center in 1989. the Milwaukee Office of the Wisconsin State Public Defender. He also worked She left DPA in 1992 to practice law with her husband at Schmidt and Etherton for Gimbel, Reilly, Guerin & Brown in Milwaukee, concentrating in personal Law Office in Shepherdsville, KY, and returned to DPA in 2007. Ms. Schmidt injury and products liability litigation. Uphoff has written numerous articles on has argued before both Kentucky appellate courts as well as the Court of criminal defense practice, the delivery of indigent defense services and ethical Appeals for the Sixth Circuit. issues facing those involved in the criminal justice system. In 1995, he edited a book for the American Bar Association, Ethical Problems Facing the Criminal Jessica Paris Shoemaker is an investigator in the Capital Trials Branch Defense Lawyer. In 1995, Uphoff was appointed by Gov. Frank Keating to the of the Kentucky Department of Public Advocacy. Jessica began with the Oklahoma Indigent System Board, which oversees the operation of Oklahoma’s agency in the Cynthiana Trial office in 2010 and worked there three years public defender program in all counties except for Tulsa and Oklahoma County.
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In 1998, Uphoff served as a legal specialist in Romania as part of the American Gerald Wilson has been with the Kentucky State Police for 25-years Bar Association’s Central and East European Law Initiative (CEELI) Program. and is currently with the Kentucky State Police Drug Enforcement/Special In 2009, he was appointed the Big 12 representative to the NCAA Infractions Investigations West. His unit covers 66 Counties in Western Kentucky. Sgt. Committee. Uphoff frequently speaks at conferences across the country on Wilson is assigned to the Post 12 Frankfort and Post 5 in the Campbellsburg criminal trial advocacy and has participated five times as a faculty member area, with 10 Detectives. They concentrate efforts on Mid to Upper level drug at Harvard University’s Trial Advocacy Workshop. Uphoff was one of four traffickers. Sgt. Wilson has worked in this narcotics for 23 years and has seen attorneys appointed to represent Terry Nichols in Oklahoma state court. many trends of drug trafficking over the years. He is also a certified trainer Nichols was convicted of 160 murders based on the bombing of the Murrah of Meth Lab response and cleanup for the Kentucky State Police and have Building in Oklahoma City in April 1995, but did not receive the death penalty. testified as an expert in State and Federal Court in many cases. Uphoff teaches trial practice, professional responsibility, criminal procedure and criminal litigation skills. Audrey Woosnam is an attorney in the Capital Trials Branch East Office. Prior to working in CTB she worked in the Richmond Trial Office representing Robert Walker, M.S.W., L.C.S.W. is Assistant Professor of Behavioral clients in juvenile, family, district and circuit courts for nearly 5 years. During Science at the University of Kentucky Center on Drug and Alcohol Research that time she tried more than 15 felony and misdemeanor cases to a jury. A New with conjoint appointments in Social Work and Psychiatry. He received his Jersey native, she graduated from the Wake Forest University School of Law M.S.W. degree from the University of Kentucky and was the Center Director of in 2010 and the University of Pittsburgh in 2004. She lives in Louisville with community mental health center for 20 years. He has over 25 years experience her dog Winston. as a clinician and clinical supervisor and has overseen clinical services for substance abuse and programs for offenders. He has been a co-investigator Erin Hoffman Yang began working for the Department of Public Advocacy on partner violence studies in rural and urban areas and has been an evaluator as a law student at University of Louisville School of Law. She has been of substance abuse treatment programs in rural and inner city programs. with the Appeals Branch for 11 years and is fortunate enough to work with Mr. Walker was the principal investigator of a state-mandated substance her husband, Robert Yang. When they are not working, Robert and Erin enjoy abuse treatment outcome study. He has taught psychopathology, social work hanging out with their son and daughter. interventions with family problems, and research design and implementation in the graduate program in the College of Social Work at the University of Sara Zeurcher is a staff attorney in the Richmond trial office. She received Kentucky for 16 years. He currently teaches social welfare policy analysis and her Bachelor’s in Philosophy and Religious Studies from Butler University. She theory in the doctoral program in the UK College of Social Work. He currently then earned her J.D. at Wake Forest School of Law. Sara has been with DPA provides consultation to the Department of Public Advocacy on capital cases. since 2010. She resides in Richmond with her husband and her two children. He has published over 80 articles and book chapters on substance abuse, brain injury, domestic violence, ethics, and personality disorders.
B. Scott West is currently DPA’s General Counsel; prior to that, Scott was Bluegrass Regional Manager in the Richmond Field Office, Directing Attorney for Murray Field Office, and a staff attorney in the Hazard Field Office. A graduate of the University of Kentucky Law School (1988), and Vanderbilt University (1985), Scott practiced for ten years at Texaco Inc., in Houston, Texas, before joining DPA in 1999. He is married to Beverley and father to Hannah. They live in Richmond.
Geoff Wilson, MSW, LCSW, CADC,is a licensed clinical social worker qualified to practice independently of supervision. Geoff received his Bachelor’s degree in Psychology and Master’s Degree in Social Work from the University of Kentucky. He has been practicing in the substance abuse and mental health treatment fields since 1995. Geoff is qualified to provide counseling services for individuals, couples, and families and has extensive experience treating adolescents and adults with co-occurring mental health and substance abuse disorders. As a Certified Alcohol and Drug Counselor, he has the ability to help anyone experiencing issues with alcohol and substance use, abuse and addiction.Geoff has a variety of experience in different settings, including inpatient psychiatric, detoxification, and chemical dependency, adolescent and adult residential, and various outpatient levels of care. In these settings, he has had experience treating individuals with depression, anxiety, trauma, relationship and family issues. Geoff is a sought after trainer and consultant, and provides supervision for individuals pursuing their independent certification and licensure in the counseling, social work, and alcohol and drug counseling fields.
44TH ANNUAL PUBLIC DEFENDER EDUCATION CONFERENCE 31 Connie Adkins Leann Jones Cheri Riedel Tim Arnold Kathryn Kase Erica Roland Rodney Barnes Andrea Kendall Kathleen Schmidt Jay Barrett Erin Kincaid Eric Seale Amanda Bear Shane Beaubien Charolette Brooks Lynda Campbell THANK YOU Without your help as presenters, small group coaches, educators Kita Clement and idea-sharers, the Education Branch could not provide Cara Cape year-round educational opportunties to the defenders in the Brad Clark Department of Public Advocacy. Thank you for helping us to Whitney Collins better represent our clients, and for giving us the tools to protect the most vulnerable members of our communities. Sam Cox Tammy Davis Jeff Sherr, Education Branch Manager Ervin Dimeny Krista Dolan Bridget Krause Jessica Shoemaker Glenda Edwards Ernie Lewis Ashley Shouse Angie Elleman T.K. Logan Jessica Schulte Josh Elliot Paul Long Amy Staples Jodie English Erin Lueker Mike Townsend Lisa Evans Renate Lunn Chris Tracy Dr. David Finke Joanne Lynch Renee VandenWallBake Heather Gatnarek Euva May Andre Vitale Roger Gibbs Kevin McClain Robert Walker Ted Godlaski Nathan Miller Scott West Nathan Goodrich Shaffy Moeel Shanda West-Styles Melana Gross Ed Monahan Teresa Whitaker Lee Guice Tiffany Moody Erin Yang Brian Hewlett Tammy Morgan Lorinda Youngcourt Brad Holajter Mary Moriarty Linda Horsman Clay McGuffin Ray Ibarra Celia Ouelette Sherry Izquierdo Damon Preston Hon. Jamie Jameson Amanda Lewis Richie