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APA in the news:
Saving Jodi Arias: Will her stated preference for death affect her defense?
If a jury that reconvenes Wednesday rules that convicted killer Jodi Arias murdered her lover Travis Alexander in a cruel manner, her defense team will be tasked with demonstrating that Arias is not the "worst of the worst" in order to save her from a death sentence. There's just one problem - Arias has said she wants to die. "Longevity runs in my family, and I don't want to spend the rest of my natural life in one place," Arias, who prosecutors say stabbed and shot Alexander to death in 2008, told a Phoenix Fox affiliate shortly after the verdict last . "I believe death is the ultimate freedom, and I'd rather have my freedom as soon as I can get it." Though the jury may not hear of Arias' comments, defense experts say that working to save the life of a defendant who wants to be executed can be problematic. "Usually, you're in lock step with your client where you're moving toward the same goal, but in this case...now you're no longer together," California criminal defense attorney Michael Cardoza told Crimesider. "You're working at odds, and that makes the job very difficult." A defense attorney may need to talk their client "off the edge," Cardoza said, sometimes calling in the help of psychologists, in order to convince them to fight for their life. It's typical for defendants convicted of murder to be placed on suicide watch, experts say. AZcentral.com reported that Arias spent five days in a psychiatric unit following her statement to the Fox affiliate.The divided focus between their case and the client can prove frustrating for defense attorneys, Cardoza said. But in capital cases, experts say, the predicament is far from unheard of. "It's not unusual for clients who face the death penalty to decide they want to die," said Lisa Wayne, a Colorado criminal defense attorney and immediate past president of the National Association of Criminal Defense Lawyers. "They give up hope," Wayne added, in an interview with Crimesider. If conflict and lack of communication affect an attorney's ability to effectively represent their client, that attorney may move to withdraw from the case altogether, Wayne said. During the "aggravation" phase of the trial that launches Wednesday, prosecutor Juan Martinez must convince the jury that Alexander's murder was committed in an especially cruel, heinous and depraved manner in order for the trial to advance to a penalty phase, during which the panel would weigh whether or not Arias should die. If the jury rules Martinez hasn't proven cruelty, jurors will be dismissed and the judge will determine whether Arias should spend the rest of her life in prison or be sentenced to 25 years with the possibility of release. Wednesday, prosecutors will likely attempt to show that Arias killed Alexander in a prolonged or torturous manner, said David LaBahn, president and CEO of the Association of Prosecuting Attorneys, told Crimesider. - CBS News
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The fear factor
THIS IS GOING to surprise almost all of you. America is nearly as safe as your mother's arms. Violent crime has dropped by 50 percent since 1993, and gun homicide is down the same - 3.2 gun deaths per 100,000 Americans in 2011, contrasted with 6.6 in 1993, according to FBI statistics. There were actually more gun suicides (18,735) than homicides (11,493) in 2009, the last year reported. We are living in the safest times since the 1960s - and the plummeting gun-murder rate happened without new federal gun-control laws. This is not to argue against them: As a gun owner, I strongly supported the criminal-background check. These are facts, whether you find them convenient or not. A recent Pew Research poll found that only 12 percent of Americans think gun violence has decreased. If America is safer, why don't we feel safer? Even recent multiple-victim massacres - whether Virginia Tech or Aurora or Columbine or Sandy Hook - although high-profile, are few in number. There were more mass murders in the 1920s' Prohibition-sparked gang wars. One difference between then and now is that we live in an electronic fishbowl. It starts with TV, and gets worse. "Social networks allow us not only to receive news of gun violence during our local television broadcast, but extend the coverage," says clinical psychologist Julie Gurner. "Twitter, Facebook and other social media allow us to join in hysteria." In the big picture, "all crime is local, and 'Do I feel safe or not safe?' " is local, says David LaBahn, president of the Washington-based Association of Prosecuting Attorneys. In Philadelphia, our feeling of vulnerability is at least justifiable. While gun deaths have collapsed across the U.S., they haven't here. - Philadelphia Daily News
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APA President David LaBahn Statement on Manchin-Toomey Amendment
"Congress needs to act to close the many loopholes that currently exist in the criminal background check system, including background checks at gun shows and making the straw purchase of a firearm illegal under federal law,” said LaBahn. “Prosecutors across the country are looking to Congress to strengthen our ability to prosecute those who obtain firearms illegally and this bipartisan solution from Senators Manchin and Toomey is a step in that direction.”
Federal prosecutor quits racketeering case, as Texas DA murders spark security fears
The murders of two prosecutors in Kaufman County, Texas, apparently has prompted a federal prosecutor to withdraw from a major racketeering case in Houston, the latest sign that attacks on lawmen are having a chilling effect on the judicial system. Assistant U.S. Attorney Jay Hileman sent defense attorneys an email Tuesday saying he was withdrawing from the case against the Aryan Brotherhood of Texas due to safety concerns. “I understand why someone would want to step back, and it makes sense to me, especially people who have families,” defense attorney Richard Ely, who is representing one of the defendants in the case, said. “Jay is a friend of mine, and this was a personal decision.” -Fox News
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Bipartisan plan on gun trafficking
On Christmas Eve - just 10 days after the massacre at Sandy Hook - a convicted felon named William Spengler, who served 17 years in prison for killing his 92-year-old grandmother with a hammer, sat down in his home in Webster, N.Y., and wrote a note vowing to torch his neighborhood and "do what I like doing best, killing people." Since Spengler was prohibited from buying guns himself, he reportedly asked a neighbor to buy them for him. He went with her to a gun store and picked out a 12-gauge shotgun and a Bushmaster rifle. Then, after setting fire to his own house and several others, Spengler ambushed the first responders by spraying them with bullets. Spengler murdered 19-year-old Tomasz Kaczowka, a young firefighter in training, and his mentor, Lt. Mike Chiapperini, a 25-year veteran, husband and father of three who was recently named Firefighter of the Year. Spengler also shot and injured firefighters Joseph Hofstetter and Theodore Scardino. The families of these heroes will never understand why they were struck down with bullets while trying to rescue someone from a fire. Just as incomprehensible is why anyone would buy guns for this convicted madman. -Politico
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The path forward on gun violence
The human carnage attributable to gun violence in America is undeniable. Our shared experience with the Virginia Tech shootings, the Aurora, Colo., theater massacre and the recent tragedy in Newtown, Conn., have most Americans shouting "Enough!" Perhaps the political inertia that has long stalled intelligent legislation to curb gun violence can finally be overcome. Perhaps the political calculus regarding gun safety laws has at last changed from "How can I possibly vote to support such legislation?" to "How can I not support such legislation?" Since 1994, the conventional wisdom has been that acting to restrict gun rights can put a politician on a fast track to a new career. That's part of the reason why Congress and the Maryland General Assembly allowed their assault weapons bans to expire in 2004 and 2006, respectively, and why weak gun controls are treated like an untouchable third rail in swing states such as Virginia. After the horror of Newtown, however, many people are asking if progress is again possible. One should be careful not to underestimate the power of the opposition. It's true that the National Rifle Association (NRA) poured money into last year's election only to see President Obama - and many other NRA targets - prevail. But rumors of the NRA's demise are greatly exaggerated. It remains a potent force, with strong grass-roots organizations across the country and big campaign coffers that it will continue to use in state and federal elections. Calls for leaders to show "political courage" in the face of this strength are not enough. Unless we create a counterweight, gun rights advocates trying to ride out outrage over Newtown may succeed. We need grass-roots organizers, big-city mayors, police and prosecutors to ally with politically moderate gun owners and groups such as the Brady Campaign Against Gun Violence to provide support to officials who want to enact rational gun laws. New York Mayor Michael Bloomberg and Boston Mayor Tom Menino continue to show leadership on this issue. Groups such as the Association of Prosecuting Attorneys and the National District Attorney's Association could provide a similar voice for prosecutors who understand how rational gun laws and access to gun data could be useful in prosecuting gun criminals locally. - The Washington Post
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