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People v. LaValle and People v. Taylor
On June
24, 2004, the New York Court of Appeals in People v. LaValle
held part of the death penalty statute unconstitutional. Specifically, the Court found that
the statute’s so-called deadlock provision – a sentencing instruction that
trial courts were obligated to give the deliberating juries – was unduly
coercive. Concluding that only
the Legislature could repair the statute, the Court directed that, in the
meantime, first-degree murder cases could proceed noncapitally. The Legislature has not acted to
repair the statute.
On October 23, 2007, the Court of Appeals handed down
its decision in the case of John Taylor, the last person remaining on
death row. The Court of Appeals, following LaValle, overturned
Taylor's death sentence. Taylor will now be resentenced noncapitally;
he will spend the rest of his life in prison.
With Taylor's departure, death row will have
been cleared. New York City's Legal AId Society prevailed
in one capital appeal. The Capital Defender Office prevailed in
LaValle, Taylor, and four others.
No death-noticed cases remain. Nothing points to a return of the death penalty to New
York State. The Capital Defender Office has now closed out
operations.
History
Capital
punishment was returned to the criminal statutes of New York State by
Chapter 1 of the Laws of 1995, which took effect on September 1, 1995. The
new law expanded the crime of first degree murder, and provided two new
penalties for persons convicted of first degree murder: death and life in
prison without the possibility of parole.
The Capital
Defender Office [CDO] was established under New York State's death penalty
statute and was given the statutory mandate of ensuring that defendants who
cannot afford adequate representation in capital cases receive effective
assistance of counsel. The statute also charged the CDO with creating an
effective system of capital defense throughout New York State. This system
of capital defense is ensured through several means, including:
- providing direct
representation of capital defendants;
- helping to identify private
attorneys to represent capital defendants;
- entering agreements with
legal aid societies and other defender organizations to accept
appointments in capital cases;
- monitoring the performance
and accounting of such defender organizations;
- providing private attorneys
with continuing legal advice and other assistance;
- promulgating standards that
attorneys must meet to qualify to defend capital cases;
- providing or arranging for
representation in capital cases before permanent appointment of
counsel;
- providing the criminal
defense bar with training and continuing legal education about death
penalty practice and law.
Agency Structure
The CDO was
governed by a three-person board of directors which met on a regular
basis to review office policy. The Capital Defender, appointed by the Board
of Directors, ran the agency and was responsible for building the state's
capital defense system. In
1995, the CDO established three offices to provide capital representation,
one in Albany, one in Rochester, and one in New York City. The Rochester office was closed on
October 31, 2005, and the other two on June 13, 2008.
Capital Representation
Direct Representation by the CDO
The CDO's
most important duty was to defend persons accused of crimes that might have been
punishable by death. The CDO represented its clients from arraignment
through trial, and upon conviction on direct appeal. Any person who was
charged with first degree murder and was financially unable to obtain
adequate representation, was entitled under the new law to capital counsel appointed
by the court. Also, any indigent person who was accused of second-degree
murder was entitled to appointed capital counsel if (1) the District
Attorney was investigating with the aim of charging the person with first
degree murder, and (2) the court found it reasonably likely that the
District Attorney eventually would charge the person with first-degree
murder.
Lawyers in Private Practice
The CDO, in
consultation with the Administrative Board of the Judicial Conference, developed
minimum standards for lead and associate capital counsel. Using these
standards, the four Screening Panels established pursuant to the law
reviewed applications from lawyers interested in handling capital
cases, and created rosters of lawyers eligible for such appointment.
The CDO assisted the Screening Panels in developing an application process
for attorneys who sought to handle capital cases.
The CDO
frequently had called on criminal defense lawyers in private practice
during the previous four years. Each lawyer had substantial criminal defense
experience and had attended a CDO training session.
Public Defender Organizations
The law
permitted the CDO to enter agreements with legal aid societies, public
defender offices, and other not-for-profit organizations providing criminal
defense services. Since 1995,
the CDO entered into agreements with the Legal Aid Society of New York to
provide capital representation in New York City and with the Public
Defenders of Broome, Chautauqua and Wyoming counties. At present, the CDO is closed and no agreements are still in
place.
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