Seeking Justice, Against All Odds

drafted by the Office of the Attorney General that deny relief for death row inmates. Under the supervision of Associate Director Ty Alper, one clinic student drafted the certiorari petition that persuaded the Court to take the case, as well as the subsequent briefing. Led by staff attorney Kate Weisburd, the clinic was co-counsel on a team of lawyers represent- ing an indigent Georgia woman accused of set- ting a hotel fire that resulted in five deaths. Six students played a key role in the prosecution’s decision to drop the death penalty—the fourth LIFE PRESERVERS: Jolene Forman ’12 and Nicki Gutierrez ’13 helped con- time Weisburd and her students have helped duct extensive field investigations in convince prosecutors to dismiss capital charges. separate capital cases. In December, a student group including Jolene Forman ’12 participated in the murder trial. “The hroughout the past range of our work was astounding,” Forman says. Students’ school year, students in “Investigations before and during trial, extensive Boalt’s Death Penalty legal research and writing, expert witness prepa- Clinic busily upheld ration, lay witness interviews, and a crash course Life-or- itsT longstanding fight for fair in fire science.” proceedings in capital cases—a Also in Georgia, the clinic took on representa- fitting tribute for the clinic’s 10th tion of two clients recently sentenced to death. Death anniversary celebration in April. During the year, 10 students worked up every aspect In February 2012, clinic of these cases: investigating juror misconduct, fil- Director Elisabeth Semel con- ing a motion for new trial, consulting with forensic Fight for ducted an oral argument in the mental health experts, and drafting appellate briefs. California Supreme Court on On behalf of a Texas death row inmate facing a behalf of a clinic client. “Several capital retrial, three students working under Semel’s Fairness classes of clinic students wrote the supervision conducted an extensive field investiga- appellate briefs in this case,” says tion—interviewing witnesses and gathering Professor Semel. “A student helped records—and drafted a motion to dismiss the death Continues prepare the case for oral argument, penalty, based on destruction of evidence. and students worked throughout “Sometimes you get a door shut in your face the year on post-conviction litigation to ensure and sometimes you find a crucial witness,” says that the prosecution turns over critical docu- Nicki Gutierrez ’13, who made trips to Texas OUN CHEA) OUN ments to which our client is entitled.” and Minnesota. “To see your work product put N A ( A i The clinic also persuaded Alabama’s Supreme toward saving someone’s life, what more reward- BOD m Court to hear a case that challenges a common ing experience could you ask for as a law stu- practice: state judges signing, verbatim, orders dent?” —Andrew Cohen N THE COURTS OF CA OF COURTS THE N i BERS BERS m NARY CHA NARY i Seeking Justice, XTRAORD E HOTO/ P AP Against All Odds ERREZ); ERREZ); i UT G ar crimes committed almost four her team of students Nicki decades ago. Aged, infirm defen- stepped up to the task. dants. Thousands of elderly wit- Former leaders of Cambodia’s Khmer Rouge FRONT AND CENTER: Noun AN AND AND AN Chea (middle), No. 2 m nesses. And venues with neither regime are on trial before the Extraordinary OR F leader of Cambodia’s brutal history nor precedents upon which to rely. Chambers in the Courts of Cambodia (ECCC) ENE ENE Khmer Rouge regime, in l W court at the U.N.-backed (JO Finding justice under such circumstances was for crimes that claimed an estimated 2 million ck war crimes tribunal in O no small challenge, but International Human lives from 1975 to 1979. Their second trial is Bl December 2011. im J Rights Law Clinic Director Laurel Fletcher and under way, following a first proceeding widely SPRING 2012 | TranscriPt | 9.

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