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The New York Times‘s Adam Liptak brings us another exhibit in the geek show that is the Texas criminal justice system: a criminal defense attorney named Jerry Guerinot, whom Texas judges just love to appoint to handle capital cases.
Twenty of Mr. Guerinot’s clients have been sentenced to death. That is more people than are awaiting execution in about half of the 35 states that have the death penalty… So what is Mr. Guerinot’s secret? It seems to boil down to a failure to conduct even rudimentary investigations, said David R. Dow, a law professor at the University of Houston and the litigation director of the Texas Defender Service, which represents death row inmates, including not a few of Mr. Guerinot’s former clients. “He doesn’t even pick the low-hanging fruit which is hitting him in the head as he’s walking under the tree,” Mr. Dow said.
Liptak reviews the case of Linda Carty, a 51-year-old British subject who recently got the death penalty express treatment with Guerinot as her court-appointed defense counsel.
“It is no exaggeration to suggest that Mr. Guerinot has perhaps the worst record of any capital lawyer in the United States,” [documentary filmmaker Steve] Humphries said in a supporting brief urging the court to hear Ms. Carty’s case. Prosecutors said Ms. Carty had orchestrated a macabre plot to kidnap and murder Joana Rodriguez and claim Ms. Rodriguez’s newborn son as her own. The evidence against Ms. Carty consisted mostly of testimony from four men said to be her accomplices, who were described by a prosecutor as “an armed robber, a dope dealer, a drive-by shooter and another armed robber.”
Mr. Guerinot did not visit Ms. Carty for three months after he was appointed to represent her. Ms. Carty, in a video interview with Mr. Humphries, described her meeting with Mr. Guerinot just weeks before her trial: “I met this guy for less than 15 minutes. Once.” “Basically, he’s an undertaker for the State of Texas.”
Mr. Guerinot never interviewed Jose Corona, who was Ms. Carty’s common-law husband but gave powerful testimony about a motive for her actions — that she desperately wanted a baby. Mr. Corona later said he did not want to help the prosecution but believed he had no choice. “It was never explained to me that there is a marital privilege, and under the privilege I had the right to refuse to testify,” he said in a sworn statement. Mr. Corona added that he would have appeared as a defense witness had he been asked. “I would have testified that Linda did not deserve the death penalty and that I do not believe she is an aggressive person or a threat to society,” he said.
Texas courts reviewing all of this concluded that the conviction was valid. Indeed, the proceedings only seem to burnish Mr. Guerinot’s reputation in their eyes. He plays an essential role in their system by creating the illusion that defendants have competent defense representation. It appears that Mr. Guerinot represented 2,000 defendants in felony cases in 2007-08, a fact that speaks for itself with respect to the quality of the representation he provided.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
It was a frigid winter, and the Manhattan loft was cold — very cold. Something was wrong with the gas line and there was no heat. In a corner, surrounding the bed, sheets had been hung from cords to form a de facto tent with a small electric heater running inside. But the oddities didn’t end there: when I talked to the woman who lived in the loft about her work, she made me take the battery out of my cell phone and stash the device in her refrigerator. People who have dated in New York City for any length of time believe that they’ve seen everything — this was something new.
Our ongoing coverage of Donald Trump's presidency
Samuel Donkoh had just turned ten when he began to slip away. His brother Martin, two years his senior, first realized something was wrong during a game of soccer with a group of kids from the neighborhood. One minute Samuel was fine, dribbling the ball, and the next he was doubled over in spasms of laughter, as if reacting to a joke nobody else had heard. His teammates, baffled by the bizarre display, chuckled along with him, a response Samuel took for mockery. He grew threatening and belligerent, and Martin was forced to drag him home.
The final two contestants of the Scripps National Spelling Bee, held just outside Washington last May, had gone head-to-head for ten rounds. Nihar Janga, a toothy eleven-year-old with a bowl cut and the vocal pitch of a cartoon character, delighted the audience by breaking with custom: instead of asking the official pronouncer for definitions, he provided them himself. Taoiseach: “Is this an Irish prime minister?” (Yes.) Biniou: “Is this a Breton bagpipe?” (Right again.) His opponent, Jairam Hathwar, a stoic thirteen-year-old, had been favored to win, in large part because his older brother, Sriram, had won in 2014.
Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.
Amount Greece’s ruling Syriza party believes that Germany owes Greece in war reparations:
Americans of both sexes prefer the body odors of people with similar political beliefs.
Tens of thousands of people marched to promote science in cities across the world, and Trump issued an Earth Day statement in which he did not mention climate change.
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"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."