2015 Criminal Defense Seminar

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1 California Attorneys for Criminal Justice 2015 Criminal Defense Seminar Friday, December 11, 2015 Charles R. Garry Memorial Lecture Tamara Brady, Esq. A Chief Trial Deputy with the Colorado Public Defender's Office, and co-counsel for Aurora movie theater shooting case Trying the Hopeless Case Saturday, December 12, 2015 Al Menaster, Esq. The Year s Cases Ignacio Hernández, Esq Legislative Review: The Good, the Bad and the Ugly Elizabeth Kelley, Esq. Representing Clients with Mental Disabilities Dan Simon, Professor The Psychology of the Criminal Justice Process David Wymore, Esq. Voir Dire: Lessons Learned From the Death Wars Denise Gragg, Esq. & Scott Sanders, Esq. Discovery Overview: Brady and Informant Scandal in O.C. Jeff Adachi, SF Public Defender, Esq. Crucial Issues for our Times Hotel Nikko San Francisco 222 Mason Street, San Francisco, CA Seminar Coordinator: Jeffrey E. Thoma Seminar Committee Co-Chairs: Jacqueline Goodman, & Allison Zuvela For more information, and to register go to:

2 EVENT SCHEDULE Friday, December 11, 2015 Charles R. Garry Memorial Lecture Monterey Room, Hotel Nikko 5:00 pm 6:00pm Tamara Brady, Esq. Trying the Hopeless Case: Picking the Most Receptive Jury 6:00 pm 7:00 pm Reception in Golden Gate Room 7:00 pm 8:00 pm CACJ Board Meeting in Carmel Room Saturday, December 12, 2015 Nikko Ballroom, Hotel Nikko Al Menaster, Esq. The Year s Cases 9:45 am 10:15 am Ignacio Hernández, Esq Legislative Review: The Good, the Bad and the Ugly Break 10:30 am 11:30 am Elizabeth Kelley, Esq. Representing Clients with Mental Disabilities Awards Luncheon Break 1:15 pm 2:15 pm Dan Simon, Professor The Psychology of the Criminal Justice Process 2:15 pm 3:15 pm David Wymore, Esq. Voir Dire: Lessons Learned From the Death Wars 3:15 pm 3:30 pm Break 3:30 pm 4:30 pm Denise Gragg, Esq. & Scott Sanders, Esq. Discovery Overview: Brady and Informant Scandal in O.C. 4:30 pm 5:30 pm Jeff Adachi, SF Public Defender, Esq. Crucial Issues for our Times

3 Charles R Garry Memorial Lecture Friday, December 11, :00 p.m. 6:00 p.m. Nikko Hotel - San Francisco Featuring Tamara Brady Trying the Hopeless Case: Picking the Most Receptive Jury When you find yourself in an uphill battle, choosing the right jury may be the key to winning even when it seems impossible. Hear about lessons learned from someone who was on a team of defenders fighting a very steep uphill battle and ended up saving their client s life. It is all about choosing those jurors most open to the themes of your case! Tamara Brady, Esq. Tamara Brady graduated from Colorado State University in 1988 and University of Colorado Law School in She has been a Colorado public defender since Tamara has been defending capital cases since 2000, and in 2006 she was named chief trial deputy. Brady is on the faculty of the National College of Capital Voir Dire. Tamara Brady most recently was co-counsel for the trial and sentencing phases defending the Aurora movie theater shooting case for James Holmes. "They are trying to execute our client, we will do whatever we can to save his life." 04/26/2015 The Denver Post History of the Charles R. Garry Memorial Lecture Charles R. Garry Charles Garry was an American civil rights attorney who represented a number of high-profile clients in political cases during the 1960s and 1970s, including the Peoples Temple in Jonestown during the 1978 tragedy that occurred at that location. In 1968, he was retained by the Black Panther Party both as their chief counsel, and to defend Huey P. Newton in the 1967 slaying of Oakland Police Officer John Frey. Newton was convicted on the lesser charge of manslaughter. Subsequently, he defended Black Panther Chairman Bobby Seale. Garry was famous for flair and courtroom dramatics, and one policeman, under intense questioning, jumped from the witness stand and pulled his gun on him. Charles Garry served as President of California Attorneys for Criminal Justice in Previous Year s Speakers: James Egar 2014 John Cleary, 2013 Natasha Minsker, 2012 Donald Specter, 2011 Tony Tamburello & Karen Jo Koonan 2010

4 SPEAKER BIOS Jeff Adachi, Esq. Jeff Adachi is the Public Defender of the City and County of San Francisco. Before being elected as Public Defender in March 2002, Mr. Adachi worked as a deputy public defender in San Francisco for 15 years and in private practice for 2 years. From , he served as the Chief Attorney of the office. He has tried over 150 jury trials, including numerous serious felony and homicide cases, and has handled over 3,000 criminal matters throughout his career, including some of the Bay Area s highest profile cases. Mr. Adachi served on the American Bar Association s Standing Committee on Legal Aid and Indigent Defendants and is a member of the National Board of Trial Advocacy. He is the co-author of Chapter 25: Immunity for Testimony, in the California Criminal Law Procedure and Practice book, and a past board member of the California Attorneys for Criminal Justice and the San Francisco Bar Association. He is a past president of the Asian American Bar Association of the Greater Bay Area and the San Francisco Japanese American Citizen s League. He has been a certified criminal law specialist since Mr. Adachi has also taught with BAR/BRI bar review for 15 years and has published five books on passing the bar exam. Denise Gragg, Esq. Denise Gragg began her legal career in private practice in In 1984, she worked with Juvenile Defenders and joined the Orange County Public Defender s Office two years later. She started with misdemeanor and felony preliminary hearing assignments and went on to felony trial assignments and writs and appeal assignments; she became a Deputy Public Defender in charge of Harbor and North County branch courts in By 1996, she was a Deputy Public Defender, in charge of the Writs and Appeals Department. Beginning in 1998, Ms. Gragg was an Assistant Public Defender in charge of capital litigation. Her capital trials include, People v. Hilbun (1996), People v. Famalaro (1997), and People v. Abrams (2000). In 2012, she became Associate Defender, County of Orange. Ignacio Hernández, Esq. Ignacio Hernández founded the Hernández Strategy Group in 2003 as a full-service lobbying and consulting firm for non-profit organizations. Criminal justice reform is his specialty. He has testified before the Legislature more than 400 times on criminal justice since Ignacio has been the legislative director for CACJ at the state capitol since He is a former criminal defense attorney.

5 SPEAKER BIOS Elizabeth Kelley, Esq. Elizabeth Kelley is a criminal defense lawyer based in Spokane, Washington. Her family settled in the Palouse Country of Washington Territory in 1872; she was born and raised in Spokane. She returned to the Pacific Northwest in She travels throughout the country working on cases involving people with mental illness and intellectual/developmental disabilities. She is serving her third term on the board of the National Association of Criminal Defense Lawyers (NACDL), chairs its Mental Health Committee, has chaired the Membership Committee, and is a Life Member. She has served on the Problem- Solving Courts Task Force and currently serves on the Body Camera Task Force. She has been appointed to the National Advisory Committee of The ARC s National Center on Criminal Justice and Disability. Elizabeth frequently lectures across the U.S. on representing persons with mental disabilities and frequently provides legal commentary for radio and television. Her book reviews regularly appear in The Federal Lawyer; and she hosts two internet radio shows, Celebrity Court and Author Chats. Al Menaster, Esq. Albert Menaster has served as a Deputy Public Defender in Los Angeles County since 1973, and was awarded with the California Attorneys for Criminal Justice Significant Contributions to Criminal Justice Lifetime Achievement Award. He was also named CPDA s Defender of the Year in 1987, and was chosen Defense Attorney of the year by the LA County Bar Association in Al writes books, articles and lectures frequently on a wide range of defense topics, including computer technology for defense attorneys, juvenile court practice, Proposition 115, Three Strikes, Proposition 36, Courtroom Evidence and Motion Practice. Al has argued before the United States Supreme Court and repeatedly before the California Supreme Court. He has written and spoken at many programs for CACJ and CPDA over the years, and has authored amicus briefs with a remarkable success rate. Al is a managing editor of CACJ's Forum magazine, for which he writes a tech. column and book reviews, as well as substantive legal articles. Scott Sanders, Esq. Sanders graduated from University of Wisconsin and Emory University Law School. He has been an attorney with the Orange County Public Defender s Office for twenty -one years, and currently serves as an Assistant Public Defender. Sanders is currently preparing for trial in two capital cases. In one of the cases, People v. Dekraai, eight people were killed in a hair salon located in Seal Beach. In January of 2014, the defense filed a motion, accompanied by 15, 000 pages in exhibits, alleging misconduct both in People v. Dekraai and in multiple other serious cases. The motion also detailed the prosecution s improper use of an informant in the case, and the government s use of a jail informant program that repeatedly concealed its intentional violations of the Sixth Amendment. The trial court permitted four months of hearings in which numerous prosecutors and members of law enforcement testified. During the hearings, the District Attorney s Office admitted that discovery was withheld in a number of cases. The DA recently agreed to vacate a special circumstances murder conviction because of discovery violations detailed in the motion.

6 SPEAKER BIOS Dan Simon, Professor Professor Dan Simon specializes in the field of Law & Psychology. He teaches Criminal Law, as well as various courses in the intersection of law and psychology. He also teaches a course on law and psychology at the USC Dornsife College of Letters, Arts and Sciences. the statewide defender system, he represented death eligible clients across the State of Colorado. Mr. Wymore has taught trial tactics and death litigation across the United States as well as in foreign countries. He has been on the faculty for numerous national organizations involved with training in capital litigation. He is primarily recognized for his creation of the COLORADO METHOD OF CAPITAL VOIR DIRE. He is the founder of the National College of Capital Voir Dire (NCCVD.org) at The University of Colorado Wolf Law School, Boulder, Colorado. Professor Simon is the author of In Doubt: The Psychology of the Criminal Justice Process (Harvard University Press, 2012). Professor Simon has been a visiting professor at Yale Law School and Harvard Law School. He earned an S.J.D. degree from Harvard Law School, an MBA from INSEAD in France, and an LL.B. from Tel Aviv University. He worked as an attorney for the Association for Civil Rights in Israel, and was a member of the faculty of the University of Haifa Law School before joining the USC Gould School of Law in He is an ad hoc referee for the National Science Foundation, a number of academic presses, and various peer reviewed journals in experimental psychology. David Wynmore, Esq. David D. Wymore maintains a solo practice in Boulder, Colorado. He graduated from Ohio State University and University of Colorado School of Law. He became a Colorado Deputy Public Defender in 1976 and the Colorado Chief Trial Deputy from 1982 to As the Chief Trial Deputy for

7 2015 Annual Awards Luncheon Upcoming Events Saturday, December 12th from 11:30 a.m. -1:00 p.m. Congratulations to our Award Recipients Nikko Hotel - San Francisco Significant Contributions to Criminal Justice Lifetime Achievement Award... And the award goes to... Jack Earley CACJ is proud to honor Jack M. Earley with the Lifetime Achievement Award. Jack, former CACJ president, is renowned among criminal defense attorneys. With more than 300 jury trials, 90 homicide trials, 7 death penalty trials, and gavel-togavel coverage on Court TV (People v. Betty Broderick), Jack is recognized as one of the leading attorneys in the state. Jack is a frequent speaker at criminal defense and capital case training. Aside from being a leader and a mentor to many, Jack is fun to work with and a great cook. Congratulations Jack! You make us proud. When I began with the Orange County Public Defender office in 1983, there were three young attorneys who had just left our office and opened up the firm of Eager, Early & Keller. Each of them were role models for us as young trial attorneys. Each would always be there if we had any questions. Over all the years since then, Jack Earley has always been that kind of touch stone for me. He has always come through for us in CACJ, as a speaker at the Capital Case Seminar, or various other programs, or to just give us sage advice. I cannot thank him enough for always being there for CACJ, and for me personally. Nancy Haydt, CACJ Death Penalty Committee Co-Chair Jeffrey E. Thoma, CACJ President In 1973, Jack M. Earley graduated from Loyola Law School and is now in private practice in Irvine, California. Mr. Earley is a past president of California Attorneys for Criminal Justice and now actively serves on CACJ s Death Penalty Committee. He is a Certified Criminal Law Specialist by the State Bar of California. Mr. Earley is often called upon as an expert or consultant for issues regarding competence of counsel. In addition, he is an associate professor at the University of California, Irvine and a frequent speaker for national seminars regarding various criminal issues. He is founding President of the Orange County Criminal Defense Bar Association. As a trial lawyer, he has tried many complex cases in California: Over 90 homicide cases to a jury, Over 300 jury trials, 7 death penalty cases to jury. Jack tried the first death penalty case in California. One of the first gavel to gavel cases shown on Court TV (People v. Betty Broderick). Three not guilty by reason of insanity verdicts, including a Santa Barbara, California case where a student ran over and killed four students (People v. David Attias). Santa Barbara case in which a judge was charged with serious felonies arising out of domestic issues with another woman (People v. Diana Hall). He has also testified numerous times as an expert on attorney and client competency in Federal and State courts.

8 CONGRATULATIONS TO OUR AWARD RECIPIENTS Co-Legislator of the Year Award Assemblymember Shirley Weber Dr. Weber has emphasized defending and promoting social justice issues. This year, Dr. Weber took a strong stance on social and criminal justice issues with three controversial, yet highly needed, measures. Dr. Weber authored CACJ's historic legislation on prosecutorial misconduct. After having our first attempt vetoed by Governor Brown, CACJ needed a strong, courageous, and influential legislator to lead our fight. Dr. Weber's leadership and passionate speeches on the Assembly floor helped moved the legislation forward. This first-of-its-kind legislation will lead the way for other states to address the growing "epidemic" of prosecutorial misconduct. Dr. Weber also authored the most comprehensive body camera legislation and passed the Racial Profiling Act of Co-Legislator of the Year Award Assemblymember Reginald Jones-Sawyer As a member of the public safety committee for two years, Asm. Jones-Sawyer has been a stalwart for promoting and protecting thoughtful criminal justice policies. His leadership as the chair of the Budget Subcommittee on Public Safety has also made a significant impact on the positive trajectory our state is heading towards. This year, Asm. Jones-Sawyer authored THREE CACJ sponsored bills. His leadership helped our organization receive two Governor signatures. Asm Jones-Sawyer helped CACJ clarifiy the Penal Code to ensure that peace officers may be charged with a felony for destroying or modifying digital images or video recordings. Most importantly, he led the push to encourage the legislature to provide much needed reentry services, along with free identification cards and driver's licenses, for exonerees. CACJ looks forward to working with Asm. Jones-Sawyer for years to come. Assemblymember Shirley Weber Assemblymember Reginald Jones-Sawyer Assembly Member Shirley Nash Weber was re-elected in November of 2014 to represent California's 79th Assembly District, which includes the cities of Bonita, Chula Vista, La Mesa, Lemon Grove, National City and San Diego. She currently chairs the Assembly Committee on Budget, the Assembly Select Committee on Higher Education in San Diego County and the Assembly Select Committee on Campus Climate. She also serves on the Assembly Standing Committees on Education, Higher Education and Appropriations. She served as conferee in 2014 and as Chair in 2015 on the Joint Budget Conference Committee. Weber has been outspoken on inequities in the justice system, corrections and policing. This is reflected in her policy initiatives, including bills that ensure former inmates exercise their right to vote, nullify forced arbitration in hate crime cases, require police transparency in racial profiling and use-of-force incidents, and require disclosure of prosecutorial misconduct to juries. Assembly Member Weber has been a resident in the 79th Assembly District for over 30 years. Her children attended public school in the district and she was elected to the school board. As a board member, and subsequent board president, she became known for her advocacy for closing the achievement gap and a higher standard of excellence for all children. Reginald Byron Jones-Sawyer, Sr. most recently, the Director of Asset Management for the City of Los Angeles was elected in November 2012, to represent California's 59th Assembly District. The entire district lies within the county of Los Angeles and includes the communities of South Los Angeles, Florence-Firestone, Huntington Park and Walnut Park. His history of public service includes serving as Chair of the LA County Small Business Commission, an Assistant Deputy Mayor for the City of Los Angeles and Vice President of SEIU's (Local 721) Los Angeles Professional Managers Association. The Jones-Sawyer family were early pioneers in the civil rights movement. His uncle was one of the "Little Rock Nine"--high school students who braved violent mobs to integrate Little Rock Central High School in 1957; one of the most important and documented events in our nation's history. Jones-Sawyer earned a Bachelor of Science in Public Administration from the University of Southern California, and completed the prestigious Harvard University, Kennedy School of Government program, for senior executives in state and local government.

9 CACJ ANNUAL AWARDS LUNCEHON PROGRAM Upcoming Events ADS Join Us in Celebrating Our Honorees By Placing A Congratulatory Announcement in the Awards Luncheon Program Significant Contributions to Criminal Justice Lifetime Achievement Award Jack Earley Co-Legislator of the Year Award Assemblymember Shirley Weber Co-Legislator of the Year Award Assemblymember Reginald Jones-Sawyer

10 SEMINAR INFORMATION Accommodations: Hotel Nikko San Francisco 222 Mason Street, San Francisco, California Telephone: To reserve a room at the special CACJ conference rate starting at $ (plus tax) per night. Call (415) before 5:00 pm Friday, November 20, 2015 and mention the CACJ Seminar. The hotel can not guarantee room availability after that time/date; reservations will be accepted on a space available basis. MCLE and Specialization Credits: CACJ certifies this activity is approved for MCLE credit by the State Bar of California. This includes 1.0 hours for the Charles Garry Lecture on Friday night, and 6.75 hours for the sessions on Saturday; for a total of 7.75 hours. This seminar also offers Criminal Law Legal Specialization Credits, to be announced. Cancellations/Substitutions: Refunds, less a $30 processing fee, will be sent for those cancellations received by Friday December 4 th Cancellations received after this date are not eligible for a refund. It is possible, however, to substitute one person on another s registration, excluding Patron and Life Member registrations. Substitutions are permitted for group registrations. Free or Discounted Seminar Tuition: Life or Patron Members: To register for this seminar by using your Tuition Waiver, a hard copy registration form must be completed and faxed or mailed to the CACJ office. Registrations not requiring payment CANNOT be processed online. New Lawyer Division: The cost of lunch is not included when using a free or discounted tuition waiver. A hard copy registration form must be completed and faxed or mailed to the CACJ office. Please select if you will ne needing to include lunch. Lunch: Lunch is included in all tuition rates, except for Law Student tuition, and those using a discounted or free tuition waiver. Guests are welcome at the luncheon, please indicate on your registration form, section 4, if you will be needing to purchase an additional lunch. Syllabus Materials: Parking: A digital syllabus will be ed to all pre-registered attendees before the seminar and serves as confirmation of your seminar registration. Hard copies of the syllabus will also be available for purchase, please check the box on the registration form to have one for pick-up at Check-in. Group Discounts: Groups of 5 or more that pre- register together as a group by Friday December 4 th, 2015 will receive a 15% discount on their tuition. Group discount does not apply to student and Attorney Members 0-5 year registrations, as their registration has already been dramatically reduced. Discounts cannot be used on-line, the completed registration form must be faxed or ed. The Hotel Nikko offers valet parking for overnight guests at $50 per night, plus tax, with in and out privileges. Parking is also available at several locations near by, visit Parking-Information.aspx for more information

11 STEP 6 STEP 5 STEP 4 STEP 2 STEP 3 STEP 1 Registered Attendee Information: 2015 Annual Criminal Defense Seminar December 11 & 12, 2015 Nikko Hotel San Francisco, CA Pre - Registration Form name» date admitted to bar» firm» bar number» address» city» state» zip» » phone (area code)» fax (area code)» Pre-Registration Fees: Membership Dues: For more information, the Seminar Brochure, or to register on-line please go to: Discounted Pre-Registration Deadline: Friday, December 4, 2015 Full Priced Registration Prices will be effective December 4, 2015 and Must be processed on-line or on-site, and will not include the $40 Pre-Registration Discount CACJ Member Tuitionwith Pre Registration Discount CACJ Attorney Member (5+ yrs of Practice)... $265 $225 CACJ Attorney NLD Member (0 5 yrs of Practice)...$115 $75 CACJ Public Defender...$235 $195 CACJ Investigator/Other.....$215 $175 CACJ Law Student **...$85 $45 Attorney in First 2 Years of Practice**...$50 Attorney in 2+ Years to 5 Years of Practice**...$75 Attorney in Private Practice over 5 Years...$195 Public Defender/Appellate Attorney 5+ Years...$140 Non-Member Tuitionwith Pre Registration Discount Attorney Non-Member...$365 $325 Student Non-Member...$115 $75 Investigator/Other Non-Member...$365 $325 Law Student**...$10 Investigator/Experts... $90 **Law Students and Attorneys in practice 0 5 years receive 1 free CACJ Seminar during their first year of membership By adding a $50 donation to the above dues, you will support the California Attorneys for Criminal Justice Political Action Committee, which supports our position on issues and candidates for state elective offices who are committed to the protection of individual rights and the improvement of the criminal justice system. Dues and PAC contributions are not deductible as charitable contributions for Federal Income Tax purposes. $ Pre-Registration Total Check here to use your Free Seminar $ Membership Total Additional Options: Purchase Hard Copy Syllabus $25.00 Lunch is included in all tuition, except for Law Student tuition Purchase Law Student Lunch $50.00 Purchase Guest Lunch $50.00 Attending Luncheon Only $50.00 $ $ Syllabus Lunch Total Confidentiality Pledge : This pledge MUST be read and signed before CACJ is able to process your registration! My signature indicates my criminal law practice is devoted exclusively to the defense. Signature: Date: Payment: Discounted Pre-Registration Deadline: Friday, December 4, 2015 Check enclosed (payable to CACJ) Charge my: Visa MC Name on card» Card number» Expiration» Security code» Billing address» City» State» Zip» $ Total California Attorneys for Criminal Justice 1555 River Park Drive, Suite 105 Sacramento, CA Phone: (916) Fax: (916) Payment must be included with form

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