CALIFORNIA ATTORNEYS FOR CRIMINAL JUSTICE
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2011 Annual Fall
Criminal Defense Seminar
Wisdom for the Defense
Friday, December 9th and
Saturday, December 10th 2011
Nikko Hotel • 222 Mason Street • San Francisco
seminar chair
Jeffrey E. Thoma
Charles R. Garry Lecture and Seminar Program Approved for 7.25 hrs MCLE Credits
R E G I S T E R O N L I N E AT W W W. C A C J . O R G
2011 FALL SEMINAR SCHEDULE
Wisdom for the Defense • Nikko Hotel San Francisco • 222 Mason St.
Friday, December 9, 2011
5:00–6:00pm Charles R. Garry Memorial Lecture – Overcoming Overwhelming Odds & Resources
Donald Specter, Executive Director of the Prison Law Office
The decades long judicial struggle to improve health care and reduce overcrowding in California’s prison system,
culminating in the Supreme Court’s recent decision in Brown v. Plata.
6:00–6:30 pm
CACJ’s Scales of Justice–Legislator of the Year Award Presented to Senator Loni Hancock
6:30–7:30 pm Membership Reception
7:30–8:30 pm Board of Governors Meeting
Saturday, December 10, 2011
7:30 am Registration Opens – Coffee and Muffins
8:30–9:45 am Law In Motions
Al Menaster & Michael Kennedy
Al Menaster, the dean of Writs & Appeals in California, and Michael Kennedy, “Captain Motion”, review up-to-theminute case law decisions to utilize for your motions practice, as well as strategies to implement for success.
9:45–10:00 am BREAK
10:00–11:00 am CrossCultural Communication
Skip Gant
Skip Gant, a nationally recognized capital litigator, relates a very realistic approach to help overcome many
differences in your relationship with your client, starting with a complete understanding of each other.
11:00–12:00 pm California Sentencing Law Overview
Nancy Brewer
Nancy Brewer offers an amazingly comprehensive overview of the complicated and sometimes treacherous world
of California sentencing law, both determinative and in-determinative.
12:00–1:30 pm AWARDS LUNCHEON
Significant Contributions To Criminal Justice – Charles Sevilla
Presidents Award – Donald Specter, Executive Director of the Prison Law Office
1:30–1:45 pm
BREAK
1:45–2:45 pm The State of Scientific Evidence
Edward J. Imwinkelried
Professor Imwinkelried provides his expertise in analyzing the present state of forensic scientific evidence practice,
in the wake of the the recent N.A.S. report, and U.S. Supreme Court decisions in Melendez-Diaz and Bullcoming.
2:45–3:45 pm The Long Road to the Real Criminal Justice
Bryan Stevenson
Bryan Stevenson details the handicaps the disadvantaged have historically faced in our criminal justice system,
including gains that have been made, and offers strategies for continued progress.
3:45–4:00 pm BREAK
4:00–5:00 pm Pulling it all Together for Final Argument
Juanita Brooks
Juanita Brooks offers strategic advice on how to make your defense theory of your case the first touchstone to
your jury’s consideration on your client’s fate, through all phases of the trial. MCLE 7.25 hrs total for Charles Garry Memorial Lecture and Seminar Program
FALL SEMINAR REGISTRATON FORM
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REGISTER ONLINE AT WWW.CACJ.ORG
RETURN FORM TO:
Preregistration Deadline: Friday, December 2, 2011 at 5:00 p.m.
Preregistration not accepted after December 2, 2011 at 5:00 p.m.
Payment must be included with form
Late registration is subject to a $20 late fee
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California Attorneys for Criminal Justice
1540 River Park Drive, Suite 224A
Sacramento, CA 95815
Phone: (916) 643-1800 • Fax: (916) 643-1836
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REGISTRATION FEES: Registration includes lunch and syllabus CD. To preorder a hard copy syllabus see Step 5.
To preregister for these seminars, CACJ must receive your preregistration form and payment by Friday, December 2, 2011,
at 5:00 p.m. Postmarks after that date will not be accepted. Late registration includes a $20 fee.
Prepaid
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Prepaid
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CACJ Attorney Member (5+ yrs of Practice).....$210...............$235
CACJ Law Student..............................$11.25............$31.25
Attorney Non-Member............................$250...............$270
Student Non-Member...............................$75.................$95
CACJ Investigator/Other........................$160...............$180
CACJ Attorney Member (0–5 yrs of Practice)......$63.................$83
Non-Member Investigator/Other...................$180...............$200
CACJ Public Defender............................$195...............$225
MEMBERSHIP DUES: New Membership Rates for Law Students and Attorneys in First 5 Years of Practice Includes1 Free CACJ
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Seminar.*** Join Today and Pay the Member Rate for Seminar Tuition.
Life Member*†............................................................$5000
Patron*†.......................................................................$600
Sustaining Member........................................................$300
Attorney in practice over 5 years......................................$175
Public Defender and Appellate Attorney in Practice
over 5 years and Law Processor.......................................$120
Attorney over 5 years and in Patron’s or Life Member’s firm....$120
Out-of-State Attorney......................................................$100
Associate Member ..........................................................$70
Friend of CACJ (not engaged in legal profession)..................$40
Law Student**.................................................................$10
Attorney in Practice up to 2 Years**.....................................$35
Attorney in Practice 2+ to 5 Years**....................................$70
* Life Members and Patrons may attend two one-day seminars each year at no charge. † Call CACJ for payment options
**New Law Students and Attorneys in practice 0–5 years receive 1 free CACJ Seminar.
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By adding a $50 donation to the above dues, you will support the California Attorneys for Criminal Justice Political Action Committee, which supports our position on issues and candidates for state elective offices
who are committed to the protection of individual rights and the improvement of the criminal justice system. Dues and PAC contributions are not deductible as charitable contributions for Federal Income Tax purposes.
CONFIDENTIALITY PLEDGE : This pledge MUST be read and signed before CACJ is able to process your registration!
I hereby acknowledge that materials and information provided in this packet, at the seminar, and syllabus materials, are confidential information
and may not be distributed or disclosed except to other defense practitioners. This information reflects thoughts, opinions, impressions and
strategies with regard to previous and ongoing cases and, as such, is protected under the attorney-client privilege and work product doctrine.
The materials provided at the seminar are licensed to participants for use in defense of criminal cases only, and any other use or distribution is a
violation of copyright laws and the attorney’s ethical obligation. By signing this pledge, I agree to abide by this understanding and to keep all
information privileged. My signature also indicates that I am involved exclusively in the defense of persons accused in criminal cases.
Signature:__________________________________________ Date:______________
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PAYMENT:
Registration Fee..........................................................$________
Membership Dues (if signing up today).................................$________
Hard Copy Syllabus – $25.00.....................................$
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***Free seminar limited to DUI, Appellate and Annual Fall Criminal Defense Seminars and the seminar CD only and DOES NOT include food/beverage at event.
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2011 FALL SEMINAR FACULTY
Nancy Brewer
Mr. Gant has an extraordinary depth and breadth of experience.
He was a private practitioner on the south side of Chicago for over
Ms. Brewer is an Assistant Public Defender for 15 years, Chief of the Chicago Bureau of the Cook County Public
Santa Clara County and has served as a public Defenders Office; an attorney with the Capital Case Resource
defender in that county since 1982. She has been Center of Tennessee, specializing in death penalty litigation; Mr.
involved in defense attorney training for many Gant taught trial advocacy as an adjunct professor at DePaul Uniyears and oversees research and training in her versity Law School and has done training throughout the country,
office. Ms. Brewer has trained and written for, CEB, including the National Criminal Defense College, Macon, GA and
CPDA, and CACJ, as well as her office, on sentencing, preliminary the National Death Penalty College, Santa Clara in California.
hearings, speedy trial issues and more.
In 1991, Mr. Gant was a defense consultant for the Judge Advocate General in a military capital case in Bamberg, Germany.
Juanita Brooks
He spent four years in Cambodia as director of the International
Pulling it all Together for Final Argument
Human Rights Law Group’s Cambodia Defender Project training
Ms. Brooks is a principal in Fish & Richardson’s San defense lawyers, and as a United Nations consultant/ mentor to
Diego office. She has a nationwide trial practice, the judges and prosecutor at the Phnom Penh Municipal Court
specializing in complex intellectual property and in Cambodia.
antitrust litigation. Her civil litigation experience
includes numerous cases involving intellectual Edward J. Imwinkelried
property, product and premises liability, labor and The State of Scientific Evidence
antitrust litigation. Ms. Brooks was a trial attorney with the Federal
Mr. Imwinkelried wrote the book on scientific
Defenders of San Diego, Inc. from 1977 to 1980, and has held
evidence, literally and figuratively. The Supreme
faculty positions with the California Western School of Law, the
Court itself cited the book in its landmark 1993
National Criminal Defense College, and the National Institute of
case, Daubert v Merrell Dow Pharmaceuticals on
Trial Advocacy.
expert testimony. Now in a forthcoming fourth
edition, Scientific Evidence treats such subjects
The winner of San Diego’s prestigious Silver Tongue Award, Ms.
Brooks is the author of numerous articles in the area of trial tech- as DNA typing, forensic psychiatry, and laser techniques for
niques and the handling of criminal cases and civil litigation. Trial fingerprint detection.
magazine and The Bureau of National Affairs, Inc. have frequently The admission of evidence of uncharged crimes, the topic of
published her lectures, cross-examinations and closing argu- another of his books, is the “single most litigated issue on the
ments. She has been invited to lecture to state bar associations criminal side of the law,” he said. Such evidence often looms large
across the United States, and has been listed in Best Lawyers in in cases of mass murderers. Before the O.J. Simpson trial, the
America since 1987.
Trial of the 20th Century was the prosecution of Wayne Williams
for the Atlanta child killings. “Wayne Williams, for instance, was
Skip Gant
charged on two counts, but the hair and fiber evidence showed a
Cross-Cultural Communication
pattern that pulled together 10 other killings,” said Imwinkelried.
Isaiah “Skip’ Gant is a ‘69 graduate of Loyola “Once a jury is allowed to hear that, the whole atmosphere of
University of Chicago and ‘74 graduate of it’s law the trial changes and the likelihood of a conviction increases
school. Most recently, he served as a member of the dramatically.
National Capital Resource Counsel Project--of the
Administrative Office of the United States District Imwinkelried could easily be a model for a character in crime
Courts--which provides training, consultation and fiction. News stories quoting him have included “Probers Use
direct representation assistance to federal public defender of- DNA Tests to Find Killer in Florida,” “Love-Triangle Killing: Defices throughout the country with pending capital murder cases. fense Questions Police “and” Will High-Tech Sleuthing Hold Up in
Presently, he is an Assistant Federal Public Defender based out Court?” To the country’s prosecutors and defense attorneys, he is
of the Federal Public Defender Office for the Middle District of the one to consult about the admissibility of scientific evidence
Tennessee, where he continues to be involved in federal capital and evidence of uncharged crimes.
training, consultation and direct representation. Previously, he
was with the New York State Defenders Association (NYSDA)
Backup Center as a staff attorney and director of their Innocence
Project. He has served on the faculty of the Defender Institute’s
Basic Trial Skills Program.
California Sentencing Law Overview
2011 FALL SEMINAR FACULTY
Michael Kennedy
Albert Menaster
Law in Motion
Law in Motions
With nearly three decades of trial and appellate experience, Mr. Kennedy has successfully
assisted, counseled, and represented people
suspected or accused of virtually every sort
and level of crime, from First Degree Murder
and other assaultive crimes, to drug crimes, to
Drunk Driving, and various other felonies, misdemeanors, and
infractions. Mr. Kennedy has taught attorneys handling similar
cases, including individuals accused of committing offenses
as juveniles,
Mr. Menaster has served as a Deputy Public
Defender in Los Angeles County since 1973, and
writes books, articles and lectures frequently on a
wide range of defense topics, including computer
technology for defense attorneys, juvenile court
practice, Three Strikes, Proposition 36, Courtroom
Evidence and Motion Practice. Mr. Menaster also writes the
Technology Column, book reviews and other substantive legal
articles for CACJ’s Forum magazine; and he regularly provides
updates on current legal topics for CACJ’s FLASH. In May of last
year he was named the Los Angeles County Bar Associations’
“Defender of the Year.”
Because of the sheer volume and percentage wins of his
criminal motion practice in the late ‘80’s, when he would often
have more motions on the Indio calendar alone than would
the entire public defender’s office, the vast majority of which
would be won outright, he was dubbed “Captain Motion” by the
local supervising judge of the criminal division. That nom du
guerre has remained with him, and he is so billed in his many
and ongoing lectures to various attorney groups about how
they can improve their efforts in defense of our constitutional
form of government.
He has won many cases, big and small, at the preliminary
hearing, motion, and trial stage, and he is quietly consulted
by people who work in the system, who recognize that he is
the ultimate “go-to” person in this craft.
Bryan Stevenson
The Long Road to the Real Criminal Justice
Mr. Stevenson is the Executive Director of the
Equal Justice Initiative, in Montgomery, Alabama.
And has won national acclaim for his work challenging bias against the poor and people of color
in the criminal justice system. Since graduating
from Harvard Law School and the Harvard School
of Government, Mr. Stevenson has assisted in securing relief
for dozens of condemned prisoners, advocated for poor people
and developed community-based reform litigation aimed at
improving the administration of criminal justice. He also is on
the law faculty at New York University School of Law.
C HA R LES R . GARRY MEMORIAL LECT URE
FEATURING
DONALD R. SPECTER – PRISON LAW OFFICE
OVERCOMING OVERWHELMING ODDS AND RESOURCES
D
onald Specter, Executive Director of the Prison Law Office, a public interest law firm providing free
legal services to youth and adult offenders confined in correctional institutions in California, will speak
about the decades long judicial struggle to improve health care and reduce overcrowding in California’s
prison system, culminating in the U. S. Supreme Court’s recent decision in Brown v. Plata, which upheld
an order to reduce the California prison population by over 30,000 prisoners. He has been chair of the
California State Bar’s Commission on Corrections, was the recipient of the California Lawyers of the Year
Award in 2006 and 2009, and selected as one of the top 100 lawyers in California in 2001, 2009 and 2010.
Mr. Specter earned his B.A. in Economics from New College in Sarasota, Florida in 1974 and his J.D. from the University
of San Francisco School of Law in 1978.
…and the award goes to…
SIGNIFICANT CONTRIBUTIONS TO CRIMINAL JUSTICE AWARD
Charles Sevilla
C
harles Sevilla, one of a very select group of leaders in the practice of criminal defense on a
national scale, is an unyielding advocate, universally respected by his peers and members of
the bench. His skillful litigation and creative talents are legendary in the trial and appellate courts,
including the United States Supreme Court. Charles’ commitment and dedication to criminal
defense, and to CACJ, has been steadfast and all-encompassing. Not only has he served as CACJ’s
President, but he has also served as the editor of Forum as well as the shepard of the always
enjoyable Great Moments in Courtroom History, a column running for over 30 years. Charles is a
regular speaker at CACJ and other criminal defense practice seminars, and has written articles for Forum on occasions
too numerous to count. He is also the author of some of the best literature depicting a criminal defense solo practice:
JohnWilkes, His Life and Crimes, and the sequel: Wilkes on Trial.
PRESIDENT’S AWARD
Donald Specter
D
onald Specter, Executive Director of the Prison Law Office, grew up on the East Coast and got
his J.D. from the University of San Francisco in 1978. Upon graduating, he started volunteering
at the Prison Law Office, providing free legal advocacy for inmates in the state’s 33 prisons, driven
to champion offenders’ grievances.
Through the years, Donald Specter and his 11 public interest lawyers have racked up many substantive
victories, including drastically improving living conditions on death row and in juvenile correctional
facilities. In January of this year, Donald Specter and the Prison Law Office clinched a major victory, winning a landmark
decision by the U.S. Supreme Court in Brown v. Plata, culminating more than a decade of work pursuing the cause of
justice and institutional reform for humane care and treatment for all prisoners in California, when a federal threejudge panel ruled that California’s correctional system is unconstitutional and must reduce its population by as many
as 40,000 inmates. The judges ruled that prisoners are deprived of their constitutional right to adequate medical and
mental health care when penitentiaries hold more than double their designed capacity.
SCALES OF JUSTICE–LEGISLATOR OF THE YEAR AWARD
Senator Loni Hancock
S
enator Loni Hancock (D-Oakland) has spent nearly four decades as a forceful advocate for open
government, educational reform, environmental protection, economic development and social
justice. Since entering the State Legislature, she has been a steadfast champion for criminal justice
reform and most recently introduced legislation, SB 490, to repeal California’s death penalty,
replacing it with life without the possibility of parole, close death row and convert all existing
death penalty sentences to permanent imprisonment. In support of this historical bill, Senator
Hancock convened informational hearings to discuss the true costs of the death penalty, and has
brought to the forefront the fact that “Capital punishment is an expensive failure and an example of the dysfunction of
our prisons.” She has also been a leading advocate for investing state resources in rehabilitation programs, job training,
and employment because she understands that these and similar programs reduce inmate recidivism. As Chair of the
Senate Public Safety Committee and Senate Budget and Fiscal Review Committee #5 on Corrections and Public Safety,
Senator Hancock seeks to examine programs at all levels of the criminal justice system and implement sound policies
that reduce prison overcrowding while protecting public safety. Not only has she introduced legislation to improve
education programs in state prison, but she is working to bring government closer to the people by allowing local
governments to carry out vital law enforcement services in a more effective and efficient manner.
Join Us in Celebrating Our Honorees
By Placing an Ad in the Awards Luncheon Program
Select the Size Ad You Want to Reserve and
Email or Fax Your Ad to the CACJ Office by Friday, November 11th, 2011.
A D P RIC E S
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Annual Fall Seminar Information
Save the Dates
2012 CAPITAL CASE
DEFENSE SEMINAR
Monterey Conference Center
Monterey CA
February 17th – 20th, 2012
MCLE AND SPECIALIZATION CREDITS: CACJ certifies that this seminar and the Charles R.
Garry Memorial Lecture is approved for MCLE credits by the State Bar of California in the total amount of 7.25
hours. This activity has also been approved for the certification and/ or recertification as a Criminal Law Specialist
by the California Board of Legal Specialization in the amount of 7.25 hours of which 1 hour applies to Elimination
of Bias, 5.25 hours applies to Substantive Criminal Law and Procedure, and 1 hour applies to Trial Advocacy.
CANCELLATIONS: Refunds, less a $30 processing fee, will be sent only for those cancellations received
by 5:00 p.m. Friday, December 2, 2011. NO REFUNDS WILL BE SENT FOR CANCELLATIONS RECEIVED AFTER
December 2, 2011. It is possible, however, to substitute one person on another’s registration, excluding Patron,
Life Member and Free Seminar registrations. Substitutions are permitted for group registrations.
ACCOMMODATIONS: CACJ’s 2011 Annual Fall Seminar will be held at the Hotel Nikko, San Francisco,
NACDL & CACJ’s
5th ANNUAL
FORENSIC SCIENCE
& TECHNOLOGY SEMINAR
MAKING SENSE OF
SCIENCE IV
Cosmopolitan Hotel
Las Vegas NV
March 23rd – 24th, 2012
222 Mason Street, San Francisco, CA 94102. To reserve a room at the special CACJ conference rate of $159.00
(plus tax) per night for single or double occupancy, call (415) 394-1111 before 5:00pm (PST) Friday, November
18, 2011, and mention the CACJ seminar. The hotel will not guarantee room availability after that time/date, and
reservations made afterwards will be accepted on a rate available basis.
TRAVEL: CACJ is pleased to offer discounted airfare through our seminar travel agent, Terry Welles, with the
Santa Monica Travel Store. She may be contacted at (310) 689-5417 or by email: [email protected]
BART: The Hotel Nikko is within walking distance of the Powell St. Muni Metro/ BART Station
PARKING: The Hotel Nikko offers valet parking only at a rate of $10 per hour, valet parking for overnight
guests is $45 per night plus tax with in and out privileges.
Parking is also available at the Mason O’Farrell Garage located across the street from Hotel Nikko at the rate of
$32 per day plus tax, daily/hourly rates are also available.