Capital Case Defense Seminar

Sponsored by California Attorneys for Criminal Justice and California Public Defenders Association Capital Case Defense Seminar 2013 February 15 th 18 th Monterey, CA KEYNOTE SPEAKER Natasha Minsker

2013 CACJ/CPDA Capital Case Defense Seminar Planning Committee CO-CHAIRS Michael Ogul Russell Stetler Andrew Love COMMITTEE MEMBERS Carlos Escobedo Jennifer Friedman Craig Haney Ellen Kreitzberg Susan Kwan Michael McMahon Elizabeth Missakian Mary Jane Mona Mark Olive Robert Sanger Bart Sheela R. Addison Steele Jennie Sternberg Kathleen Wayland Jack Weedin 2013 SPEAKER ROSTER Robert Aguero Bakersfield, CA Ty Alper Laura Arnold San Diego, CA Bicka Barlow Courtney Bell Julie Brain Wilmington, DE Matt Braner San Diego, CA Kelly Branham Nashville, TN Sean Broderick Oakland, CA Mary Alice Burns Michael Burt Garrick Byers Fresno, CA Kate Chatfield Susan Clemens San Diego, CA Lynne Coffin Sara Cohbra John Cotsirilos San Diego, CA Jason Cox Albany, CA Mark Donatelli Santa Fe, NM Mark Drozdowski Jack Earley Irvine, CA Seth Flagsberg Santa Clara, CA Tim Foley Sacramento, CA Dylan Ford Monica Foster Indianapolis, IN Jennifer Friedman Susan Garvey Denise Gragg Santa Ana, CA Mel Greenlee Lisa Greenman Washington, DC Andy Gutierrez San Jose, CA Kelley Henry Nashville, TN Rosette Isip George Kendall New York, NY Kelley Kulick San Jose, CA Regina Laughney Michael Laurence Denise LeBoeuf Durham, NC Kasie Lee Susan Marcus Mary McComb Sacramento, CA Randi McGinn Albuquerque, NM Michael McMahon Ventura, CA Natasha Minsker Mary Moriarty Minneapolis, MN Marcia Morrissey Santa Monica, CA Laura Murry Karen Newirth New York, NY Sara Norman Sean O Brien Kansas City, MO Katy O Donnell Baltimore, MD Michael Ogul San Jose, CA Mark Olive Tallahassee, FL Nancy Pemberton Wendy Peoples Tallahassee, FL John Philipsborn Steve Potolsky Miami, FL Manohar Raju Alex Reisman Sandra Saberman Robert Sanger Santa Barbara, CA Bidish Sarma Barry Scheck New York, NY M. Gerald Schwartzbach Mill Valley, CA Elisabeth Semel Bart Sheela El Cajon, CA Harry Simon Sacramento, CA Addison Steele Santa Barbara, CA Jeannie Sternberg Russell Stetler Oakland, CA Saor Stetler Mill Valley, CA Scott Sundby Coral Gables, FL Naomi Terr Houston, TX James Thomson Adrienne Toomey Wesley Van Winkle Mark Warren Almonte, ON, Canada Kathleen Wayland Gail Weinheimer Darby Williams San Jose, CA Juliet Yackel- Christenson New Orleans, LA

KEYNOTE SPEAKERS NATASHA MINSKER has served as Death Penalty Policy Director of the ACLU of Northern California since 2006. The ACLU of Northern California is the largest of the ACLU affiliates, representing more than 55,000 members. In this position, Natasha uses a multi-disciplinary approach to promote the goal of reforming capital sentencing procedures and eventually ending the death penalty in California. Natasha was also the Campaign Manager for the SAFE California Campaign, the initiative campaign to replace California s death penalty with life without parole, supported by law enforcement, family members of murder victims, exonerees, and justice organizations. Prior to her work with the ACLU of Northern California, Natasha spent five years with the Alameda County Public Defender s Office, the first year as a research attorney in the Capital Defense Unit and the remaining four years as a Deputy Public Defender, handling all types of misdemeanor, felony, and juvenile cases. Natasha also served as staff attorney to the Judicial Council of California s Task Force on Criminal Jury Instructions, helping the committee research and draft the CALCRIM instructions; and she clerked for the Honorable Martha Vazquez, Chief Judge of the Federal District Court of New Mexico. A graduate of Stanford Law School, Natasha was recognized by the National Coalition to Abolish the Death Penalty in 2008, honoring her as one of the Abolitionists of the Year. The California Attorneys for Criminal Justice honored her with their Skip Glenn Award, as an exceptional new young attorney. BE SURE TO STOP BY THE RECEPTION!! FRIDAY NIGHT AT 8:00 PM MARRIOTT HOTEL SAN CARLOS BALLROOM

THE CAPITAL CASE DEFENSE SEMINAR SCHEDULE California Attorneys for Criminal Justice (CACJ) and the California Public Defenders Association (CPDA) are pleased to invite you to participate in the 2013 Capital Case Defense Seminar (CCDS). The CCDS is an intensive education opportunity for anyone involved in, or considering taking on, the defense of a capital case. It is designed not only for lawyers, but also for mitigation specialists, paralegals, investigators, and experts working in capital defense. This year the CCDS will also include several sessions addressing felony charges other than capital cases. The CACJ/CPDA Capital Case Defense Seminar is the largest of its kind in the nation. CCDS is unique in that it offers lectures as well as specialized workshops that give participants the chance to brainstorm and exchange information with other participants. Experienced practitioners in any jurisdiction and those just entering the field can benefit from the lectures and workshops featuring experienced lawyers and experts, from both California and across the nation. CASE CONSULTATION WORKSHOP: There is one workshop set aside for Case Consultations. This is a bring-your-case type workshop, where members of the planning committee and other presenters will brainstorm your case with you. Space is very limited. If you want to participate, please indicate on the registration form and advise Gail Jones via email at gjones@cacj.org so that she can send you a case information form to complete. Minimum Qualifications for Appointment of Trial Counsel in California Capital Cases Require the Completion of Fifteen Hours of Capital Defense Training within the Preceding Two Years (Rule of Court 4.117(d)(6)). FRIDAY, FEBRUARY 15, 2013 Noon 5:00pm 2:00 3:15pm REGISTRATION Case Consults Mary Alice Burns Publicity Issues Denise Gragg, Expert to be Named Case Organization: Starting on the Right Foot Robert Sanger, David Andersen Funding Jack Earley, Regina Laughney 3:30 5:00pm 7:30 8:30pm 8:30pm Budgeting for Federal Habeas Wesley Van Winkle, Saor Stetler Addiction and Substance Abuse Expert to be Named Social Networking Sean Broderick, Kasie Lee KEYNOTE RECEPTION Marriott Hotel SATURDAY, FEBRUARY 16, 2013 7:00 5:00pm 8:30 10:30am 10:30 10:45 BREAK REGISTRATION 10:45 12:00pm WORKSHOPS 1. Crime Scene Reconstruction Rosette Isip, Expert to be Named Legal Developments George Kendall, Michael Ogul, Wendy Peoples Legal Developments for Non Lawyers Russell Stetler, Naomi Terr 2. Pathology: Challenging The Pathology Expert Expert to be Named, John Philipsborn 3. Trauma and Traumatic Brain Injury Denise LeBoeuf, Expert to be Named 4. Competency and Insanity Expert to be Named, John Cotsirilos 5. Neuropsychology 101: What is Neuropsychology? Expert to be Named, Addison Steele 6. Teams David Andersen, Juliet Yackel-Christenson 7. Prosecution Discovery 1.25 hrs Bart Sheela, Matt Braner 8. What is Mental Retardation/Intellectual Disability? Expert to be Named, Michael Burt 9. Aggravating Evidence Regina Laughney, Tim Foley Elimination of Bias Legal Ethics

THE CAPITAL CASE DEFENSE SEMINAR SCHEDULE continued 10. Post Conviction Workshop- Junk Science: Bite Marks, Hair and Fiber Seth Flagsberg 11. Post Conviction Workshop-Maples/Martinez: State Practice Implications Kelley Henry, Ty Alper 12:00 1:30pm 1:30 2:45pm LUNCH WORKSHOPS 1. DNA 101: Overview of DNA Basics Expert to be Named, Bicka Barlow 2. Realignment and Credits Update Garrick Byers 3. Defeating Anti-Social Personality Disorder Sean O Brien, Lisa Greenman 4. Interviewing About Trauma Allie Horevitz, Expert to be Named 5. Neuropsychology 201: Neuropsych Testing Expert to be Named, Michael Laurence 6. Cultural Defenses 1.25 hrs Monica Foster, Susan Marcus 7. Teaching Mitigation Expert to be Named 8. Defense Discovery 1.25 hrs Jason Cox 9. DIVO Elisabeth Semel, Kelly Branham 10. Framing Mitigation-Lessons from Federal Cases James Thomson, Steve Potolsky 11. Interviewing People with Developmental Disabilities Experts to be Named 1.25 hrs 12. Post Conviction Workshop - Recent Developments Wendy Peoples, George Kendall 2:45 3:00pm 3:00 4:30pm BREAK WORKSHOPS 1. DNA 202: Low-Copy Cases Rosette Isip 2. Pathology: Advanced Forensic Pathology John Philipsborn, Expert to be Named 3. Epigenetics Expert to be Named, Robert Sanger 4. Autism Spectrum Disorders Julie Brain, Expert to be Named 5. Neuropsychology 301: Presenting Neuropsychology Evidence Expert to be Named, Michael Laurence 6. Representing Foreign Nationals 1.5 hrs Mark Warren, Mel Greenlee 7. Impact of Incarceration Expert to be Named 8. Opening Statements Katy O Donnell 9. Organizing the Case Using Technology Sean Broderick 10. Investigating Atkins Claims & Adaptive Deficits James Thomson, Juliet Yackel-Christenson 11. Cultural Competency 1.5 hrs Naomi Terr, Expert to be Named 12. Post Conviction Workshop-Developing and Presenting Trauma Evidence Sara Cohbra, Expert to be Named 13. Post Conviction Workshop-Pinholster/ Richter Implications (State and Federal) Tim Foley, Mark Drozdowski 4:30 4:45pm BREAK 13. Post Conviction Workshop - Empirical Lessons from Capital Jury Project Scott Sundby 4:45 6:15pm Plenary: DSM V-Mental Health Issues Michael Laurence, Lisa Greenman, Expert to be Named Elimination of Bias Legal Ethics

THE CAPITAL CASE DEFENSE SEMINAR SCHEDULE continued SUNDAY, FEBRUARY 17, 2013 7:30 8:30am SWAP MEET-Dorothy Streutker 1:30-2:45pm WORKSHOPS 8:45 10:15am 10:15 10:30am BREAK 10:30 12:00pm WORKSHOPS 1. DNA 201: Cold Hit Cases Bicka Barlow 2. Eyewitness ID Karen Newirth, Barry Scheck Plenary: Forensics Barry Scheck, Karen Newirth, Jennifer Friedman 3. Frontloading Mental Health Evidence Speaker to be Named, Expert to be Named 4. Medicated Clients and Psychopharmacology Expert to be Named, Speaker to be Named 5. Interviewing about Mental Illness Expert to be Named, Courtney Bell 6. Mitigating Gangs Manohar Raju, Kate Chatfield, Alex Reisman 7. Prison Killings Mark Donatelli, M. Gerald Schwartzbach 8. Child Victims and Sexual Assault Susan Clemens, Katy O Donnell 9. Using the Internet to Investigate Your Case Kasie Lee, Sandy Saberman 10. Pleas and Death Authorizations Marcia Morrissey, Steve Potolsky 11. Litigating Atkins Claims* Michael Burt 12. Post Conviction Workshop-Narratives Denny LeBoeuf, Mark Olive 13. Post Conviction Workshop-Atkins Claims in Post Conviction Harry Simon, Mary McComb 12:00 1:30pm LUNCH 1. DNA 203: Statistical Issues in DNA Expert to be Named, Denise Gragg 2. False and Coerced Confessions Expert to be Named, Jason Cox 3. Co-Defendant Cases Jack Earley, John Cotsirilos 4. Early Childhood Development and ACE Research Harry Simon, Speaker to be Named 5. Understanding Gang Law and STEP Act Andy Gutierrez 6. Prison Records: How to Get and Analyze Sara Norman, Mark Donatelli 7. Ordinary Non Capital Voir Dire Randi McGinn 8. Using Technology in Your Cases, from Investigation through Trial Mary Alice Burns, Expert to be Named 9. Gathering and Decoding Multigenerational Records Nancy Pemberton, Sandy Saberman 10. Colorado Method* Monica Foster 11. Post Conviction Workshop-Presenting Mental Health Experts by Dec and or Live Laura Murry, Lynne Coffin 12. Post Conviction Workshop-Ineffective Assistance of Trial Counsel Russell Stetler, Mark Olive 13. Post Conviction Workshop-In re Reno: Implications for State and Federal Lawyers Wesley Van Winkle, James Thomson 2:45 3:00pm 3:00 4:30pm BREAK WORKSHOPS 1. Fingerprints Mary Moriarty, Expert to be Named 2. Firearms and Toolmarks Dylan Ford, Expert to be Named

THE CAPITAL CASE DEFENSE SEMINAR SCHEDULE continued 3. Psychological Disorders (Mood and Psychotic) Expert to be Named, Speaker to be Named 4. Prosectution Experts and Evals Post Maldanado Jennifer Friedman, John Philipsborn 5. Working with Mental Health Experts Expert to be Named, Speaker to be Named 6. Narratives Sean O Brien 7. Record Preservation Gail Weinheimer, Michael McMahon 9. Gang Experts: Defense and Prosecution Alex Reisman, Expert to be Named, Kate Chatfield 10. Sex Sentencing, 290 Registration and Related Issues Kelley Kulick, Laura Arnold 12. Post Conviction Workshop-Developing Institutional Adjustment Claims Jeannie Sternberg, Expert to be Named 13. Post Conviction Workshop-Post Conviction Discovery Susan Garvey, Adrienne Toomey 4:30 4:45pm BREAK 8. Batson 1.5 hrs Elisabeth Semel, Bidish Sarma 4:45 6:15pm Plenary: Race Issues and Mass Incarcerations Speaker to be Named MONDAY, FEBRUARY 18, 2013 9:00 10:15am 10:15 10:30am BREAK 10:30 12:00pm WORKSHOP Plenary: Closing Argument Demonstration Speaker to be Named 1. GPS and Cell Phone Tracking Issues Robert Aguero 2. Investigating Crime Labs Darby Williams, Mary Moriarty 3. Empirical Lessons from Capital Jury Project Scott Sundby 4. Post Conviction Alternatives-Clemency and End Stage Litigation Kelley Henry, Michael Laurence Elimination of Bias Legal Ethics MCLE CREDITS This program is co-sponsored by approved providers of MCLE activities and legal specialization in appellate and criminal law. This is an organized program of learning that has significant current intellectual and practical content related to legal subjects and the legal profession. Each year s program is unique. All required written materials, course evaluation forms and certificates of attendance are provided upon registration, and signature. Signatures are required on forms provided at each individual workshop to obtain the related Legal Specialization credits for that workshop. Individual attendees are responsible for keeping track of their own MCLE totals. The following is a breakdown of credits available, depending on the sessions attended. Up to 21.50 hours of MCLE credit Up to 21.50 hours of Criminal Law Legal Specialization Credit 14.50 hours in Evidence; 12.50 hours in Trial Advocacy; 9.25 hours in Substantive Criminal law & Procedure; 11.25 hours in Writs, Appeals and Ancillary Proceedings; 1.00 hours in Other Subjects Related to Criminal Law; Up to 11.25 hours of Appellate Law Legal Specialization credits in Appeals and Writs Up to 11.25 hours of Appeals & Writs Up to 4.0 hours in Legal Ethics Up to 1.25 hours in Detection/ Prevention of Substance Abuse Up to 4.25 hours in the Elimination of Bias in the Legal Profession

SEMINAR REGISTRATION FORM This form must be fully completed and payment included before CACJ/CPDA is able to process your registration. If you register online and plan to attend the Case Consultation Session this form must be completed and mailed or FAXED to the CACJ office and the box must be checked indicating that you registered/paid online. The deadline for preregistration is Friday, February 1 st, 2013. Make check payable to CACJ/CPDA and return form to address listed below. MAILING ADDRESS Name: Firm: Address: City/State/Zip: New Address? q yes q no Registered online? q yes q no SCHEDULE OF FEES Preregistration (Friday, February 1 st ) On-Site Registration Attorney $295 $320 Investigator/Other $180 $205 qreserve Your Copy of the 2013 Death Penalty Manual CD at the Conference rate of $99. Donation to Death Penalty Focus $ in addition to event registration Total amount enclosed: $ Date Admitted to Bar: Bar Number: Phone: Fax: Email Address: qcheck Enclosed** Charge my: qvisa qmastercard Account Number: Exp. Date: 3 Digit Security Code Billing Address:*** City: State: Zip: Signature: **There is a $35 fee for checks returned for insufficient funds or credit cards declined. ***Billing address required for all credit card purchases. CASE CONSULTATION SESSION One Case Consultation Workshop is available. Registration is Required Space is Limited q General Case Consultation (Friday) Deadline to register: Friday, February 1 st, 2013. REGISTER ON-LINE AT WWW.CACJ.ORG* *(Please refer to instructions to register for special sessions) CONFIDENTIALITY PLEDGE This pledge MUST be read and signed before CACJ is able to process your registration! I hereby acknowledge that materials and information provided in this packet, at the seminar, and syllabus materials, are confidential information and may not be distributed or disclosed except to other defense practitioners. This information reflects thoughts, opinions, impressions and strategies with regard to previous and ongoing cases and, as such, is protected under the attorney-client privilege and work product doctrine. The materials provided at the seminar are licensed to participants for use in defense of criminal cases only, and any other use or distribution is a violation of copyright laws and the attorney s ethical obligation. By signing this pledge, I agree to abide by this understanding and to keep all information privileged. My signature also indicates that I am involved exclusively in the defense of persons accused in criminal cases. Signature: Date: NOTE: 2013 CCDS Syllabus Materials will be available online after your registration is received/processed and on CD on-site at the registration counter. DISCOUNTS Groups of five (5) or more from the same office or organization who preregister AS A GROUP by Friday, February 1 st, 2013, are eligible for a 15% discount. The discounted tuition is $250 for attorneys and $153 for associated professionals. Preregistration forms must be received together. CACJ and CPDA are also offering a 15% discount to first-time Capital Case Defense Seminar participants. If you will be taking advantage of this discount, your registration cannot be processed unless you enclose a signed statement attesting to your first-timer status. Participants cannot combine discounts. Send Registration form to: CACJ 1555 River Park Dr, Suite 105 Sacramento, CA 95815 (916) 643-1800 (916) 643-1836 fax www.cacj.org Law students who volunteer for this seminar may be eligible for seminar tuition assistance. For additional information contact Gail Jones at gjones@cacj.org.

CACJ/CPDA California Death Penalty Defense Manual 2013 Edition AVAILABLE ON CD!!! Michael Ogul, Editor Jack Weedin, CD Rom Creator/Producer Available Only to Criminal Defense Attorneys and Defense Team Members The 2011 Edition includes the 2004 Death Penalty Defense Manual plus the 2005-2013 cumulative supplements, the 2013 edition of the Motions Disc and comprehensive updates to all areas of California death penalty law, new sample motions in capital cases, and new examples of successful closing arguments. A Mitigation Workbook is also included with extensive materials explaining how and where to find mitigation, and how to understand it. Pledge (this must be read and signed before we can process your order) I certify that I am a criminal defense attorney or work exclusively with criminal defense attorneys. I further certify that I do not work with or for law enforcement, prosecutors, attorneys general, judges or judicial branch officers. I understand that these materials are licensed to purchasers for use in the defense of criminal justice cases only, and any other use or distribution is a violation of copyright laws and the attorney s ethical obligation. Name (please print) Date Signature $99.00 **SPECIAL DISCOUNT** Applies Only When Purchased On-Site at the Capital Case Defense Seminar 2/15-2/18/2013 California Death Penalty Defense Manual CD $99.00 ($91.33 + $7.67 sales tax) After CCDS, the Manual will be $129.00 ($119.73 + $9.27 sales tax) for members of CACJ and/or CPDA, or $149 ($138.29 + $10.72 sales tax) for nonmembers. Payment: Check (Make Checks payable to: CACJ/CPDA CCDM) VISA MasterCard Acct.# Exp. Date 3-digit Security Code: Name Phone # Mailing Address City: State Zip Fax ** (Billing address is required if paying by Credit Card) ** Billing Address: City: State Zip Signature Email*: *By providing your email address you agree to receive marketing information on upcoming workshops or membership in CACJ &/or CPDA. We will use your email address for internal communication, and will not provide or sell it to third parties PLEASE MAKE SURE THAT YOUR CHECK IS MADE PAYABLE TO CACJ/CPDA-CCDM

California Attorneys for Criminal Justice California Public Defenders Association 1555 River Park Dr, Suite 105 Sacramento, CA 95815 RETURN SERVICE REQUESTED 2013 Capital Case Defense Seminar Announcing the CACJ/CPDA California Death Penalty Defense Manual 2012 2013 Edition To Order: Complete Form Included in This Brochure & Fax or Mail to the CACJ Office. This Publication is Only Available to Criminal Defense Attorneys and Defense Team Members. SEMINAR REGISTRATION The Deadline for Prepaid Seminar Registrations is Friday, February 1 st, 2013, at 5:00 pm; online seminar registration will not be available after this date. Registrations postmarked by this date will be accepted. After February 4 th, all registrations must be made onsite and will be charged an additional $25.00. On-site Registration opens at Noon, Friday, February 15 th, 2013, and again Saturday, February 16 th, 2013, at 7:00 am. On-site registrants MUST bring proof that they work exclusively for the defense of criminal law. CANCELLATIONS Refunds, less a $30 processing fee, will be sent only for those cancellations received by Friday, February 1 st, 2013, at 5:00 pm. No refunds will be sent after that date. Substitutions, however, are permitted. LODGING AT CONFERENCE HOTELS Guest Rooms have been reserved for our conference with the Monterey Marriott and Portola Hotel and Spa; to make online reservations at the conference rate of $232 for the Marriott Hotel or $221 for the Portola Hotel and Spa go to: https://resweb.passkey.com/go/cacj2013; or to make phone reservations with the Marriott Hotel call 877-901-6632, or for the Portola Hotel and Spa call 888/222-5851. The reservation deadline is Thursday, January 24 th, 2013. Please note: the conference hotels are known to sell out before this Make Your Reservations Early!!! PLEASE MAKE YOUR RESERVATIONS EARLY!!! THE CONFERENCE RATE CANNOT BE GUARANTEED AT THE MARRIOTT OR PORTOLA HOTELS ONCE OUR ROOM BLOCK IS SOLD OUT. THE RESERVATION DEADLINE IS THURSDAY, JANUARY 24 TH, 2013. All reservations must be accompanied by a first night room and tax advance payment. All reservation modifications or cancellations must occur on or before January 24 th, 2013, to obtain a full refund. Modifications of (1) one or more nights &/or complete cancellation of reservation(s) after this date will result in one night s room & tax automatically charged to the credit card on file. OTHER LODGING IN MONTEREY AREA For assistance in locating lodging at other hotels in the Monterey area go to: www.resort2me.com or call 800/757-5646. They will be happy to assist you and also have information on their website for services in the Monterey area including VIP licensed babysitting and activities in the area for families and children. THE MONTEREY AIRPORT If you intend to fly into the Monterey Airport, you are encouraged to make reservations as far in advance as possible. A taxi from the Monterey Airport to the convention center costs approximately $20. PARKING Parking at the Marriott Hotel is $20 per day, valet only with in/out privileges; parking at the Portola Hotel and Spa is $17/day for self-parking and $20/day for valet parking. Public parking structures are also available in the surrounding area.