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Capital Case Assistance
It is widely recognized that early and extensive investigation into a capital defendant's biography should be a vital part of a defendant's right to competent representation. While the main goal of such investigations is to uncover evidence in support of factors in mitigation and the defendant's conduct for presentation at the penalty phase, the investigation may also prove useful for defense counsel in a trial's guilt phase. Following are examples of the assistance NCIA staff have provided defense attorneys in capital cases. Client #1: Tyrone is an African-American male in his early 20s, who was an inner-city resident touted as a "drug kingpin" Guilt Phase: Tyrone was convicted in federal court on several counts of capital murder, including counts against potential witnesses. Penalty Phase Investigation: NCIA discovered that Tyrone had been abandoned by his foreign-born father and placed in foster care immediately after birth. Foster care placement separated Tyrone from his three siblings and placed him in a deteriorating neighborhood, while siblings grew up in other, healthier foster homes and neighborhoods. By the age of 15, Tyrone was introduced to drug trafficking by out-of-state dealers and was exposed to widespread violence within the community, while his older natural siblings pursued their college educations. Penalty Phase Strategy and Presentation: NCIA advised the defense counsel of the presenting themes discovered during the investigation and provided a comprehensive, well-referenced biography of Tyrone that highlighted appropriate factors in mitigation to be raised at the penalty phase. In addition, NCIA identified and prepared witnesses, including the Tyrone's natural siblings, and an expert on the Federal Bureau of Prisons (BOP) who testified to the BOP's capability to incapacitate Tyrone. To emphasize the influence Tyrone's neighborhood had on his life, NCIA identified a community leader from the neighborhood who guided our staff on a tour of the neighborhood, which was videotaped, edited with demographic information, and presented at the penalty phase by NCIA staff. Sentence: Tyrone was sentenced to life in prison. Exit interviews with jurors indicated that emphasis was placed on, among other things, Tyrone's life history, the BOP's capacities, and the deleterious effects of Tyrone's neighborhood. Client #2: Jason is a white male in his early 20s, who was a resident
of a rural community and demonized as "satanic". Penalty Phase Investigation: Thorough investigation of Jason's background revealed that he had lived a life characterized by optimism, courtesy, and civic responsibility. Though Jason faced much adversity, by all accounts he was a benevolent individual with a soft spot for troubled peers, with interests in "occult" activity. Involvement with these peers placed Jason at the eventual crime scene. Penalty Phase Strategy: Given that Jason was one of six co-defendants, the strategy focused on individualizing him. In addition to presenting defense attorneys with an exhaustive report on Jason's personal background, NCIA advised counsel on the occult and Satanism, as the prosecution and wider public had focused on the more sensational aspects of the co-defendants' lives. Staff also identified appropriate experts who could delineate "satanic" activity and juvenile delinquency and who could give empirical authority to Jason's nonviolent disposition. Sentence: As a result of the plea agreement, Jason received a sentence of life in prison. Client #3: Charles is a white male in his mid-40s, who had been a Death Row inmate for over 16 years. Post-Sentence: Charles was sentenced to death in state court in 1982 for capital homicide and was facing a re-sentencing trial. Post-Sentence Investigation: Among the facts NCIA's investigation of Charles ' life-history revealed were an impoverished, abusive, and nomadic upbringing; substance abuse problems; early institutionalization and delinquency; and inability to find employment. NCIA also explored Charles' history of incarceration on death row and discovered that he had been a model inmate, accented by his conversion to Christianity. Post-Sentence Strategy and Presentation: NCIA presented its findings to defense attorneys and developed a strategy to highlight the key factors in mitigation, such as Charles' life-history, institutional adjustment, lingering doubt as to his criminal conduct, and questions regarding the equity of the death sentence. To further support the strategy, NCIA identified character references who could testify to Charles' rearing and the sincerity of remorse and conversion. Sentence: Charles entered an Agreed Sentence of Life in Prison and is eligible for parole in approximately 13 years.
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