Puerto Rico Association of Criminal Defense Lawyers

PRACDL 2017 Annual Assembly And Elections

As you are all aware our annual meeting is set for Thursday, December 14, 2017, 6:00 PM, at Restaurante Castellanos.

As is customary, the annual elections for Board of Directors will also be held. This year there are five (5) positions open for a two (2) years term: President and four (4) board members. These positions were held by Mr. Johnny Rivera, President, and Leo Aldridge, Carlos Sanchez La Costa, Miguel Oppenheimer, and Diana Lopez Feliciano.

The Board Members in office for one (1) more year are: Marie Cortes Cortes, Jose R. Olmo Rodriguez and Raul Mariani.

The nominations process is now open and will close on Tuesday, December 12 at 11:59PM.

You may nominate yourself or a fellow member for any of the openings by sending an email to the Chairman of the Elections Committee, Jose R. Olmo Rodriguez, at jrolmo1@gmail.com.

Remember to mail your dues of $90.00 to: PRACDL, PO BOX 191559 SAN JUAN, PR 00919-1559.

You may also pay your dues at the entrance of the Annual Assembly. Only persons whose dues have been paid will be allowed to vote.

As usual, the food will be provided by PRACDL.

Look forward to seeing you there!

 

Seminar, "Ethical considerations and Objections for Closing Arguments"

PRACDL

INVITES YOU TO ATTEND: 

"Ethical considerations and Objections for Closing Arguments"

BY:  Juan E. Milanés, Esq.

DATE:  Wednesday, June 1st, 2017 At 4:00 P.M    

The number of the Courtroom to be used will be provided later

 

Ethics Seminar on March 22, 2017 At 4pm

PRACDL  

 

INVITES YOU TO ATTEND:

 

“How to Avoid Ethical Complaints in Criminal Practice”

 

BY MANUEL SAN JUAN, Esq. 

 

 

DATE:  WEDNESDAY, March 22, 2013 At 4:00 P.M.    

 

As soon as we have the Courtroom #, We will Inform You 

 

PLEASE SEPARATE THIS DATE 

ON YOUR CALENDAR!!

 

 

 

 

PRACDL & FPD Training for the Federal Criminal Practitioner

PRACDL and the Federal Public Defender's Office for the District of Puerto Rico will be holding a training session on October 28, 2014, from 1:00 to 4:00 pm (registration starts at 12:30 pm) at United States District Court, Courtroom 3.

The program will consist of two parts:  

1. Pretrial Motions: How to Get the Discovery You Need/Deserve!

Are you frustrated when you consider the discovery you’re getting, or not getting, from the government? Learn creative and helpful tips for getting the discovery you deserve pursuant to Rule 16 & 17 and how to meet reciprocal discovery requirements while protecting your case. Included will be a helpful discussion on how to craft your pretrial motions in a manner which helps ensure you get the discovery you need! 

(Speaker –Jay McEntire, AFD – Eastern District of Washington)

2.  Handling Pleas, Sentencing Strategies, and Mitigation Presentations

98% of our clients will be sentenced, so revisit the approaches we use when preparing our sentencing strategies, memorandums, and presentations. The talk will address bringing the sentencing package to life and reenergizing our ideas as we do the most difficult of tasks getting a sentence we feel is appropriate. We will additionally discuss local considerations when the government offers up a limiting Plea Agreement!

(Speaker – Eric Alexander Vos, Federal Defender – District of Puerto Rico).

If you have any questions, you may call Marisol Pedrosa@ 787-281-4922 or email Eric.Vos@fd.org.

Position Announcement: Federal Public Defender for the District of Puerto Rico

The United States Court of Appeals for the First Circuit is accepting applications for the position of Federal Public Defender for the District of Puerto Rico. The term of appointment is four years with an annual salary of $155,500.

The Federal Public Defender provides federal criminal defense to individuals unable to afford counsel. The defender supervises a staff of more than 25 people, including trial lawyers, an appellate unit, investigators and support personnel. The defender is also responsible for providing a resource and training to the panel of lawyers who take indigent federal appointments. The office is headquartered in San Juan, Puerto Rico.

Completed applications must be received no later than Friday, November 8, 2013.

You can access the Position Announcement, in order to obtain further details, including where to get an application form, and where to submit it to.

PRACDL 2011 Annual Assembly, Elections and Dinner

PRACDL will host its annual assembly, elections and dinner on Tuesday, December 13, 2011, from 6:00 to 10:00 p.m. The venue will be Castellanos Rest. on Domenech, near corner of Muñoz Rivera Ave.

Please see the following announcement.  Remember to mail your dues payment to:

PRACDL
PO BOX 191559
SAN JUAN, PR 00919-1559

You may also pay your dues at the entrance of the Annual Assembly, so long as you have registered beforehand. Whether you send it by mail or take it to the Annual Assembly you must provide us with a completed PRACDL Membership Application Form, so that PRACDL may update your information.

If you have not yet confirmed your attendance, please do so via email to pracdl@gmail.com, and remember to take your annual dues payment and completed membership application form if you have not yet paid. Only persons whose dues have been paid will be allowed to vote.

As usual, dinner is on PRACDL and drinks are on you.

Look forward to seeing you there!

PRACDL Recognizes Active Charter Members

Recently PRACDL celebrated its 20th Anniversary and a plaque was given to each of the Charter Members who are still members.

All PRACDL Members - Save the Date - July 21st at Casa Emilio

All PRACDL members are invited to celebrate and socialize with new and prospective members, as well as keeping up with the old.

Casa Emilio, at Domenech 307

Thursday, July 21, 2011 from 6 - 9 p.m.

"Picadera" Included

Cash Bar & Jazz Trio

Don't Miss It!

Applications for Service on First Circuit's CJA Appellate Panel

The Court of Appeals for the First Circuit is accepting applications to serve on the court’s Criminal Justice Act ("CJA") Panel including: (1) applications from attorneys not currently on the panel; and (2) reapplications from panel members whose terms expire on October 1, 2011. Please click here for further information. Click here for an application form for attorneys not currently on the CJA panel. Click here for a reapplication form for panel members whose terms expire October 1, 2011. Completed applications and attachments should be mailed to the Clerk and must be received no later than June 13, 2011 at 5:00 p.m. For additional information, contact Donna Barchard at (617) 748-9061.

Public Notice re: Appointment of New Magistrate Judge for the District of Puerto Rico

The Judicial Conference of the United States has authorized the appointment of a full-time United States Magistrate Judge for the District of Puerto Rico.

To said end, the Clerk of Court, Frances Ríos de Morán, Esq., has issued a Public Notice announcing the position.

Application forms and more information on the Magistrate Judge position may be obtained from the Clerk of the District Court: Frances Ríos de Morán, Room 150 Federico Degetau Federal Bldg., 150 Carlos Chardón Street, San Juan, Puerto Rico 00918-1767.

Although a printable application form is posted at the Employment Section of the District Court’s internet web-site at: www.prd.uscourts.gov, we include a copy of the same here for your convenience.

Applications (original and seven copies) must be submitted by applicants personally and must be received by February 22, 2011.

PRACDL Workshop - Evidence II - Hearsay & Crawford

PRACDL will be holding a workshop: Evidence II -Hearsay and Crawford - on January 19, 2011 at 4:30 p.m. at the US District Court in San Juan. The lecturer will Maria Sandoval. Admission is free and limited to PRACDL members. You may attend if you join PRACDL and pay your dues at the entrance. Courtroom to be announced.

Sentencing Advocacy Workshop - November 17-18, 2010

The Office of Defender Services Training Branch of the Administrative Office of the U.S. Courts is offering a Sentencing Advocacy Workshop on November 17-18, 2010 at Colegio de Ingenieros in San Juan, Puerto Rico. Early registration is encouraged. Enrollment for this program is limited to PRACDL members, CJA panel attorneys and federal defenders in Puerto Rico. To register for this workshop online and for a complete list of training programs offered by the Office of Defender Services Training Branch, please visit www.fd.org. And here's the Draft Agenda.

"Since over 95% of federal criminal defendants are sentenced and the Supreme Court affirmed judicial sentencing discretion and "advisory" sentencing guidelines, participation in the Sentencing Advocacy Workshop is not to be missed. The program presents a comprehensive approach to sentencing advocacy. Participants will learn a process for the development of a persuasive, fact-based sentencing theory and the advocacy skills necessary to advance that theory in writing and during sentencing hearings. Presentations and demonstrations will include an update on federal sentencing law, developing mitigation evidence, storytelling and persuasive writing. During the workshop, participants will use a case of their own to brainstorm facts, develop a theory and theme, tell a story, and persuasively write a portion of their sentencing memo."

PRACDL Lecture: "Experts - Use Them, Abuse Them, and Keep Them Off the Stand"

PRACDL invites all members as well as all CJA Panel attorneys to a lecture on "Experts - Use Them, Abuse Them, and Keep Them Off the Stand" to be held on Tuesday, March 16, 2010 from 2:00 to 5:00 p.m. at the Clemente Ruiz Nazario U.S. District Court.

Our guest speaker will be Mr. Eric Vos, Assistant Federal Public Defender, currently with the Defender Services' Training Branch of the Administrative Office of the U.S. Courts.

This will be free of cost to PRACDL members and CJA Panel attorneys. Credit has been obtained from the Court's CJA Committee towards CJA annual CLE requirements.

More details available here.

Look forward to seeing you there!

PRACDL Annual Assembly, Elections and Dinner

Please remember that tonight, starting at 6:00 p.m., PRACDL will host its annual assembly, elections and dinner. This will be at Castellanos Rest. on Domenech, near corner of Muñoz Rivera Ave.

If you have not yet confirmed your attendance, please do so via email to pracdl@gmail.com, and remember to take your annual dues payment if you have not yet paid. Only persons whose dues have been paid will be allowed to vote.

Dinner is on PRACDL and drinks are on you. Look forward to seeing you there.

PRACDL & Federal Public Defenders Office Seminars on October 23, 2009

This coming Friday, October 23, 2009, Puerto Rico Association of Criminal Defense Lawyers and the Federal Public Defenders Office will be sponsoring seminars on the Fourth Amendment and Deconstructing the Federal Sentencing Guidelines.

Where:    Casa Olímpica (Old YMCA), Old San Juan

The Morning Session is sponsored by Puerto Rico Association of Criminal Defense Lawyers (PRACDL), and the afternoon session is sponsored by the Federal Public Defender's Office. You must register separately for each one, per instructions here.

Morning Session (sponsored by PRACDL):

8:00-8:30: Registration

8:30-12:30 p.m.: What Happened to the Fourth Amendment?

Learn what the Supreme Court, First Circuit and other courts are saying about:

• the “automobile exception”;
• third-party consent;
• computer searches, etc.;
• arrests that are illegal under state law; and
• Fourth Amendment violations they won’t remedy.

PRACDL is privileged to present David Rudovsky.

President of the Board of Directors of the Defender Association of Philadelphia; founder and Vice-President of its Innocence Project; author of The Law of Arrest, Search and Seizure in Pennsylvania; co-author of Police Misconduct: Law and Litigation; McArthur Fellow, and Senior Fellow at the University of Pennsylvania where he has taught Constitutional Criminal Law, Trial Advocacy, Criminal Procedure and Evidence.

This morning session is free for: all PRACDL members and all attorneys from the Federal Public Defenders. You may also attend free of charge if you join PRACDL for the year 2010 (if you qualify for membership in PRACDL - to see if you qualify for PRACDL membership, check out the By Laws, Article II, Sections B and C here), pay your $90.00 annual dues, and get the remaining months of this year's membership as a bonus to your membership. You must also complete a PRACDL Membership Application Form.

To Register for the Morning Session, email ollb@coqui.net or call 787-751-4941.

_______________________________________________________________________________

Afternoon Session (sponsored by the Federal Public Defenders Office):

2:00-5:00 p.m. - Deconstructing the Guidelines (How to Get a Better Sentence)

The Federal Public Defenders Office is pleased to present Sarah Noonan.

Sentencing Resource Counsel for the Federal and Community Defenders.

All CJA Panel Members are invited to attend the afternoon session. There will be 3 CJA CLE credit hours awarded for attendance at this session.

To Register for the Afternoon Session, call 787-281-4927 (Ms. Mildred Ward, at FPD's Office).

Parking available at doña Fela's and Covadonga.

Looking for a Few Good Men and Women

Yes, the PRACDL blog is in need of a few members who want to dedicate a little of their time to blogging. I'll give you the basic training, although it is all pretty intuitive. Send me an email. You've got my address. Tom

Sent via BlackBerry by AT&T

PRACDL Blog Redesign in Progress

I was tired of the look of the blog, and think it kept me from wanting to post more, so I'm giving this place a makeover. Also keeping me away from blogging more is the fact that I do most of my posting now via the PRACDL Group listserv (members only), where we get much more membership interaction, keeps me busy enough to be only too tempted to stay away from the blog. So maybe I'll get going again with the new look and "entertaining" myself reorganizing all the links, adding some, deleting others, and so on.

Anyhow, come by more often, as I do intend to post new stuff here more regularly.

PRACDL & Federal Public Defender Co-sponsoring Lecture on September 30th from 4:00 to 6:00 p.m.

PRACDL and the Federal Public Defender's Office are co-sponsoring a lecture on Wednesday, September 30th from 4:00 to 6:00 p.m. at the FPD's Fourth Floor Lecture Room.

AFPD Victor González-Bothwell will discuss new and proposed legislation, including changes to the Federal Rules of Criminal Procedure.

Rachel Brill will be discussing the handling of the many mega-cases we are all having to deal with lately. Because Rachel is also a member of PRACDL's committee that regularly meets with the hierarchy of the US Attorney's Office to discuss issues of common interest, she can provide insight into the nature of the agreements reached with the US Attorney's Office. You must know what has been agreed to so that you can insist that these matters be complied with.

If you are interested in attending, please call Ms. Mildred Ward at the Federal Public Defender's Office to sign up. Remember there are space limitations. Attendance is free of cost.

PRACDL Annual Assembly, Dinner & Elections

This is a reminder that Puerto Rico Association of Criminal Defense Lawyers will hold its Annual Assembly, Dinner and Elections this coming Thursday, December 4, 2008, from 6:00 p.m. onwards at Castellanos Restaurant on Domenech Ave.  All members are encouraged to attend.

Dinner is on PRACDL's tab, and drinks are on each attendant.  This is a good time for all members to join together and celebrate, and for our newer members to get to know the rest of us. We will also be holding a ceremony in memory of our dear colleague Juanita Treviño Monserrate.

Please confirm your attendance by email to PRACDL, preferably by Tuesday. I look forward to seeing you there!

Dinner is on PRACDL's tab, and drinks are on each attendant.  This is a good time for all members to join together and celebrate, and for our newer members to get to know the rest of us. We will also be holding a ceremony in memory of our dear colleague Juanita Treviño Monserrate.

Please confirm your attendance by email to PRACDL, preferably by Tuesday. I look forward to seeing you there!

Supplemental Bibliography for Attendees to "Dilemas Eticos de los Abogados Criminalistas"

For PRACDL members who attended the tertulia on Dilemas Eticos de los Abogados Criminalistas, PRACDL President Linda Backiel has prepared a Supplemental Bibliography which was not included among the materials handed out at the time.

In Memory of Jorge L. Arroyo Alejandro

All PRACDL members are mourning the recent death of our dear colleague Jorge L. Arroyo Alejandro.  It is difficult to express ourselves in words that do any semblance of justice to our feelings of sorrow. One of our members, Manuel San Juan, upon learning of Jorge's death, posted the following poem on our listserv:

Stop all the clocks, cut off the telephone

- W. H. Auden

Stop all the clocks, cut off the telephone,
Prevent the dog from barking with a juicy bone,
Silence the pianos and with muffled drum
Bring out the coffin, let the mourners come.

Let aeroplanes circle moaning overhead
Scribbling on the sky the message He Is Dead,
Put crepe bows round the white necks of the public doves,
Let the traffic policemen wear black cotton gloves.

He was my North, my South, my East and West,
My working week and my Sunday rest,
My noon, my midnight, my talk, my song;
I thought that love would last for ever: I was wrong.

The stars are not wanted now: put out every one;
Pack up the moon and dismantle the sun;
Pour away the ocean and sweep up the wood.
For nothing now can ever come to any good.

I was able to locate this letter written by Jorge to Ms. Inés Quiles who hosted the "A Palo Limpio" radio talk show at WKAQ. The letter is in Spanish, so my apologies for those unable to understand it. In it Jorge expresses his disagreement with some comments made during a radio broadcast about criminal defense lawyers getting their guilty clients off through technicalities. Jorge was too much of a diplomat to write an abrasive letter, but he certainly got his point across in his unique gentlemanly manner. I read this letter again and it felt as if I had Jorge next to me again. It is probably the best expression I have read or heard in defense of the work criminal defense lawyers do.  Jorge's pride in his profession comes through loud and clear. And to those who knew Jorge, the letter is simply that Jorge that we came to admire and respect, to enjoy as a friend, both in and out of the courtroom. Jorge was, in essence, a lawyer's lawyer.

Jorge was PRACDL's longest serving President.

Jorge, we will miss you greatly, but you taught us much that we will never forget. Even in your illness you showed us the meaning of dignity. So long, Jorge. Until we meet again, a great big hug.

PRACDL Seminar: Jury Selection in Death Penalty Cases

This is to remind all PRACDL members that we will be holding the Jury Selection in Death Penalty Cases seminar on Thursday, September 25, 2008. This is only open to PRACDL members and it will be free of cost.

The speakers are Robert Hirschhorn, nationally renowned jury selection expert, Steve Potolsky and Bill Matthewman.

Audio of Oral Arguments before First Circuit Now Available

The First Circuit has started to make available online audio of oral arguments, joining a few other federal appellate courts. The access to the First Circuit's oral argument feed is currently available only in RSS format, and the audio files themselves are in mp3 format. You can access the available oral argument audio files by clicking here.

Hat Tip to How Appealing.

First Circuit Request for Comments on Reappointment of Joseph Laws, Federal Public Defender for the District of Puerto Rico

The Court of Appeals for the First Circuit has published a Request for Comments Relating to the Reappointment of Joseph C. Laws, Jr., Federal Public Defender for the District of Puerto Rico.

Joe is a Charter Member of PRACDL and was our first President. At that time Joe was in private practice, having already served his own stint at the Federal Public Defender's Office years back under the stewardship of the Grand Master - don Gerardo Ortíz del Rivero.

The relationship between the Federal Public Defender's Office for the District of Puerto Rico and PRACDL was built into our own by-laws, by assuring that the Federal Public Defender was a permanent Board member of PRACDL. Article III, Sec. B of PRACDL's By-Laws establishes that:

The Board shall consist of nine (9) directors. One of the directors shall be the Federal Public Defender or a designee, provided that this person fulfills the requirements set forth in section D(6) of Article II of these by-laws. The remaining eight directors will be elected by the members eligible to vote at the annual meeting.

After all, it was at the Federal Public Defender's Office in Old San Juan where a group of nineteen criminal defense lawyers met for a number of days to organize PRACDL. Joe Laws and I also met with Alan Ellis -then NACDL's President- who traveled to Puerto Rico to assure that PRACDL got off to a good start.

We have grown, and that special relationship between PRACDL and the Federal Public Defender's Office has continued. We co-sponsor CLE courses, and try to always maintain a common front in addressing issues in which there is a commonality of interest, such as addressing concerns with the U.S. District Court and the U.S. Attorney's Office to help us in our work. As the Federal Public Defender, Joe Laws has been instrumental in maintaining this common front to the problems facing all criminal defense lawyers practicing before the District of Puerto Rico. Because he has worn the various hats of an Assistant Federal Public Defender, a private practitioner and more recently that of the Federal Public Defender, Joe has made it a point to look out for the well-being of all. Even as a member of the Court's CJA Committee, where I have the privilege of serving with him, he has always looked out for the interests of CJA Panel members, understanding the problems we face, while at the same time constantly insisting that CJA Panel members must be highly qualified.

I will be writing my comments in support of Joe's reappointment as the Federal Public Defender with pleasure, and I invite all criminal defense lawyers practicing in our district to take the time to write their own comments as well.

PRACDL Seminar - Ética y la Responsabilidad del Abogado: Implicaciones Prácticas

PRACDL will be sponsoring a seminar on August 28, 2008 on Ética y la Responsabilidad del Abogado: Implicaciones Prácticas. If you wish to attend, you must complete the registration form and mail it in to the address indcated theron with your payment to "Puerto Rico Association of Criminal Defense Lawyers," no later than August 1, 2008.

The lecturer will be Prof. Orlando G. Portela-ValentÍn, Catedrático Auxiliar Escuela de Derecho Eugenio María de Hostos

The seminar will be held on August 28, 2008, from 1:00 to 5:30 p.m., at the Salón de Sorteo de la Lotería Tradicional, Ave. Chardón #139, Hato Rey, PR.

The Cost is $60.00 for PRACDL members / $120 for non-members.

This seminar has been approved for 4 CLE credit hours by the Programa de Educación Juridica Contínua.

Don't forget to send in your registration form on time!

PRACDL "Tertulia Legal" - Sentenced in Two Jurisdictions

PRACDL will be hosting one of our regular tertulias on the topic  Sentenced in Two Jurisdictions - when sentences run concurrently and consecutively.

    Date     :    Thursday, June 5, 2008
    Time    :    4:30-6:00 p.m.
    Place    :    Judge García Gregory’s Courtrooom (#6)

Resources:    José Cordero, of FPD-PR, formerly of BOP
                    Jorge Rivera Ortíz, PRACDL
Moderator:    Linda Backiel

If you are interested in attending, please confirm via email at pracdl@gmail.com. The cost is free, as are the materials, although there will be no CLE credit for this one.

Legal Chat to Discuss Crack Resentencings in the District of Puerto Rico

This coming Friday, February 29, 2008 at 4:00 p.m., PRACDL and the Federal Public Defender's Office will co-host a conference to discuss the crack guidelines amendment and the retroactivity of same, as well as the District Court's Administrative Directive dealing with these. This will be held at the Federal Public Defender's Offices (4th Floor) and is open to all PRACDL members and Assistant Federal Public Defenders.

Congratulations to Luz Ríos-Rosario!

In a case where every other defendant had entered guilty pleas, PRACDL member Luz Ríos-Rosario had the unenviable task of going to trial with the lead defendant. There were surveillance photos, recordings, and snitches. Luz did a formidable job and got her client acquitted. Congratulations, Luz!

District of Puerto Rico Administrative Order re: Implementation of Crack Retroactivity Guideline

Chief Judge José A. Fusté, District of Puerto Rico, has entered an Administrative Order dealing with the implementation of the Crack Retroactivity Guideline in the District of Puerto Rico. See Misc. No. 08-31 (JAF) (Dkt. 1).
 

PRACDL Annual Assembly & Election Results

Last night's Annual Assembly, Dinner and Elections was a real success. Members unanimously elected Linda Backiel (picture, left) to be our new President. They also elected the following to the Board: outgoing President Mariángela Tirado-Vales (picture, right), who everyone agreed had done an outstanding job, Rachel Brill, Jason González-Delgado, Joseph C. Laws, Jr., Tom Lincoln (me), Jorge E. Rivera-Ortíz, Olga M. Shepard de Mari and Jorge E. Vega-Pacheco. As established by PRACDL by-laws, the new Board will meet and elect from among its members the Vice President, Secretary and Treasurer.

This past year brought many accomplishments for PRACDL and, as Juan Ramón Acevedo-Cruz pointed out, PRACDL has in the past few years become an organization that is respected by the institutional players we must deal with on various matters, as well as among the criminal defense bar in general.

A well deserved recognition was given to Olga M. Shepard de Mari, who quietly and diligently worked behind the scenes with Mariángela Tirado-Vales in all things regarding CLE course accreditation for PRACDL offered seminars and workshops. Aslo recognized was outgoing Board Member José L. Novas Debién for his assistance in implementing PRACDL's proposal as to the CJA Mentoring Program, a proposal which was largely approved by the Court thereafter.

I think the coming year bodes well for PRACDL.  We are fortunate to have Linda Backiel serving as our President, a position she refused to accept without first forcing Mariángela Tirado-Vales to accept staying on the Board another term, now as Vice President.

We were somewhat surprised at the management of Castellanos Restaurant for presenting us with a bill addressed to the US Department of Justice. We almost refused to pay, but did so under the condition that they give us a corrected bill for our records. They promised to never again confuse us.

UPDATE: At the first Board meeting held on January 24, 2008, the Board elected from among its members the following officers:

• Linda Backiel - President (elected as such at Annual Meeting)
• Mariángela Tirado-Vales - Vice-President
• Jason González-Delgado - Secretary
• Jorge L. Rivera-Ortíz - Treasurer

PRACDL Annual Assembly, Dinner & Elections

This is a reminder that Puerto Rico Association of Criminal Defense Lawyers will hold its Annual Assembly, Dinner and Elections this coming Thursday, December 13, 2007, from 5:30 p.m. onwards at Castellanos Restaurant on Domenech Ave.  All members are encouraged to attend.

Dinner is on PRACDL's tab, and drinks are on each attendant.  This is a good time for all members to join together and celebrate, and for our newer members to get to know the rest of us.

Please confirm your attendance by email to PRACDL, preferably by Tuesday. I look forward to seeing you there!

PRACDL and Sociedad para Asistencia Legal de Puerto Rico Co-sponsor Seminars

PRACDL and Sociedad para Asistencia Legal de Puerto Rico (SAL) will be co-sponsoring two seminars on Friday, December 7, 2007. See the flyer and registration sheet. The topics are Immigration Law Consequences of Delinquent Conduct on the Non-Citizen by Honorable Irma López-Defilló, Immigration Judge, and Crossroads: Clients Accused in Two Jurisdictions, a round table discussion with Félix Cifredo Cancel, Esq., Professor, U.P.R. Law School, Félix Alejandro Vélez, Esq., SAL, and Yasmín Irizarry, Esq., First Assistant Federal Public Defender - PR. The round table will be moderated by PRACDL Board Member and former SAL attorney Jason González-Delgado, Esq.

The Seminars will be held at Colegio de Abogados de Puerto Rico. Follow the instructions on the flyer for registration. For PRACDL and SAL members, there is no cost, but you must still register. For all others, the cost is $60 for each of the seminars.(*) Registration deadline is November 27, 2007. CLE accreditation for 6 credit hours (3 hours each) has been approved.

(*) If you become a PRACDL member, you will not have to pay for the seminars. Complete the PRACDL Membership Application Form and send it with your annual dues payment.

Is the First Circuit Recognizing Greater Deference Due District Court's Sentencing Decisions?

In United States v. Milo, No. 06-2185 (1st Cir., Oct. 30, 2007), the First vacates and remands a sentence of time served (about 15 days) imposed by Judge Gertner on a defendant who cooperated and was contrite. But the First leaves open to the District Court to either explain more her sentence or to resentence Milo to a higher term. Throughout the opinion one gets the feeling that Chief Judge Boudin is recognizing a greater deference due to the district court's choice of sentence, and that is very good news.

ACLU PR Lecture on Post 9/11 decisions by the Supreme Court, fundamental rights and the writ of habeas corpus

The Puerto Rico Chapter of the American Civil Liberties Union has extended an Invitation for all PRACDL members to attend a lecture on Nov. 15, 2007 at 3:00 p.m. on Post 9/11 decisions by the Supreme Court, fundamental rights and the writ of habeas corpus . This will be held at the Interamerican University Law School amphiteatre. The guest speaker will be Steven R. Shapiro, ACLU Legal Director.

Federal Criminal Appellate Practice Writing Seminar

The US Court of Appeals for the First Circuit and the members of the court's CJA Education Committee will be holding a court-sponsored one-day writing seminar for both experienced brief writers and less seasoned criminal appellate practitioners on Friday, November 9, at the Condado Plaza Hotel in San Juan, PR, from 8:45 a.m. - 4:45 p.m.  Here is the program, and the registration form. The registration deadline is Friday, October 26.

Gall and Kimbrough - Briefs, Trancripts and Links to Coverage

Just to keep as a reference, here are the briefs and oral argument transcripts in Gall v. US, No. 06-7949 and Kimbrough v. US, No. 06-6330:

• Gall v. US - Petitioner's Brief
• Gall v. US - Government's Brief
• Gall v. US - Petitioner's Reply Brief
• Gall v. US - Oral Argument Transcript

• Kimbrough v. US - Petitioner's Brief
• Kimbrough v. US - Government's Brief
• Kimbrough v. US - Petitioner's Reply Brief
• Kimbrough v. US - Oral Argument Transcript

As we know, Gall was a substitute for Claiborne, which was dismissed after oral argument last term upon petitioner's death. You can listen to the oral argument in Claiborne here.

Lyle Denniston at SCOTUSblog has a good analysis of the oral arguments in Gall and Kimbrough in Analysis: More Trouble for the Guidelines. Doug Berman at Sentencing Law and Policy provides coverage and links at Gall and Kimbrough SCOTUS argument wrap-up.

CJA Panel's Pilot Mentoring Program in Conjunction with PRACDL

We posted here on PRACDL's proposal to the US District Court for improvement of the Court's Mentoring Program for new CJA Panel Members. The Court had approved PRACDL's Mentoring Program proposal, with a few minor changes, as a pilot program, see Memorandum, but needed to amend the CJA Plan to implement it. The Circuit Executive's Office has now given the green light to the amendment and, at a CJA Committee meeting held yesterday, Hon. Aida M. Delgado-Colón announced the Court's selection as Mentors (from a list of PRACDL volunteers submitted earlier). These are the following:

• Jorge E. Vega-Pacheco
• Rachel Brill
• Linda Backiel
• Tom Lincoln
• Mariángela Tirado-Vales
• Juan R. Acevedo-Cruz
• Epifanio Morales
• Esther Castro-Schmidt

The attorneys required to participate in the mentoring program have to participate in a number of  "events" --most mandatory, and some optional. These range from in-court events (preliminary hearings, arraignments, bail/detention hearings, suppression hearings, jury selection, trial, and sentencing hearings) to out-of-court events (client interviews, witness interviews, working on various types of motions, etc.).

The idea is that the attorneys will interact with their mentors both prior to and after the particular events, rather than simply being asked to attend events without any interaction with the attorney involved.

Attorneys may use several different mentors. It is up to them to coordinate with the mentors as to particular events/tasks.  When more than one mentor is used, which is the most likely scenario, the mentors will have to meet to make evaluations to the Court's CJA Committee.

Judge Gertner Orders Government to Pay $101.7 Million

By remaining silent as to their knowledge that a witness was lying, the FBI caused the conviction on murder charges against several defendants, and ensured they spent decades in prison. As the NY Times (AP) reports here:

A federal judge Thursday ordered the government to pay more than $101 million in the case of four men who spent decades in prison for a 1965 murder they didn't commit after the FBI withheld evidence of their innocence.

The FBI encouraged perjury, helped frame the four men and withheld for more than three decades information that could have cleared them, U.S. District Judge Nancy Gertner said in issuing her ruling Thursday.

She called the government's argument that the FBI had no duty to get involved in the state case ''absurd.''

Peter Limone, Joseph Salvati and the families of the two other men who died in prison had sued the federal government for malicious prosecution.

They argued that Boston FBI agents knew mob hitman Joseph ''The Animal'' Barboza lied when he named the men as killers in the 1965 death of Edward Deegan. They said Barboza was protecting a fellow FBI informant, Vincent ''Jimmy'' Flemmi, who was involved.

The four men convicted on Barboza's lies were treated as ''acceptable collateral damage'' because the FBI's priority at the time was taking down the Mafia, their attorneys said.

A Justice Department lawyer had argued that federal authorities couldn't be held responsible for the results of a state prosecution and had no duty to share information with the officials who prosecuted Limone, Salvati, Henry Tameleo and Louis Greco.

''The FBI's misconduct was clearly the sole cause of this conviction,'' the judge said Thursday. ''The government's position is, in a word, absurd.''

''No lost liberty is dispensable. We have fought wars over this principle. We are still fighting these wars,'' Gertner told the packed courtroom.

Salvati and Limone were exonerated in 2001 after FBI memos dating back to the Deegan case surfaced, showing the men had been framed by Barboza. The memos were made public during a Justice Department task force probe of the FBI's relationship with gangsters and FBI informants James ''Whitey'' Bulger and Stephen ''The Rifleman'' Flemmi.

Hat Tip to Rachel Brill for pointing this out to us.

UPDATE: You can find Judge Gertner's lengthy opinion in Limone, et al. v. US here.

Chat with Judge Gertner on Sentencing Issues

PRACDL invites all defense attorneys to attend a chat with U.S. District Judge Nancy Gertner on sentencing issues, on Tuesday, June 19, 2007 at 4:00 p.m., at the Chief Judge's Courtroom. This is a special treat you should not miss out on. There is no cost for attending. This will be followed by a cocktails at El Deli (cash bar).

CJA Rate Increases Effective May 20, 2007

Effective May 20, 2007 the CJA hourly rate will increase from the current $92 per hour to $94 per hour. For cases overlapping both rates, counsel will invoice all work done before May 20th at the $92 hourly rate and all work done on or after May 20th at the $94 hourly rate. Also increased was the hourly capital rate from $163 to $166 (for federal capital prosecutions and capital post-conviction proceedings). See CJA Rates Effective 5/20/2007.

PRACDL Honors Jorge L. Arroyo Alejandro

This past Wednesday PRACDL held a very special activity to honor colleague Jorge L. Arroyo Alejandro for his "dedication, professionalism and continued contribution to the defense bar," as well as his enormous dedication to PRACDL, having been our longest serving President.

As invited speakers we had Chief Judge José A. Fusté, District of Puerto Rico, and Francisco Rebollo and Juan R. Acevedo-Cruz, both PRACDL members and, more importantly, good friends of Jorge, as well as PRACDL Vice President Linda Backiel, whose brief but moving comments almost brought tears to my eyes.  It should be noted that it was Linda who first proposed this activity to PRACDL's Board, a proposal that was unanimously approved.  Jorge's remarks were also very moving. He confessed that he had wanted to be a lawyer since he was a young boy, and how he had entered college having no idea what he would major in, but certain that he would thereafter go to law school. It is beyond question that throughout his career Jorge has earned the respect of fellow defense lawyers, prosecutors and judges.  Possessed with a keen intellect, and always well prepared, Jorge has always fought to protect his client's rights.

In addition to the many PRACDL members who attended, we were honored with the presence of District Judges Fusté, Domínguez, García-Gregory, Delgado-Colón and Gelpí. as well as Magistrate Judge Bruce J. McGiverin. Because Jorge Arroyo once worked as an Assistant U.S. Attorney, we also invited the members of the U.S. Attorney's Office and were pleased that a number of them attended, including María Domínguez, José Ruiz, Ernesto López-Soltero, Jacqueline Novas, Timothy Henwood and Aramis Ríos.

PRACDL President Mariángela Tirado-Vales presented Jorge with a beautiful  glass plaque, as well as a gift from PRACDL.  Accompanying Jorge was his wife, Ana, and their two lovely daughters, Sara and Veronica.  Meeting them makes one realize that Jorge's achievements have also been the result of the support of an outstanding family.

PRACDL to Propose Changes and Offer Assistance to Court's Mentoring Program for New CJA Panel Members

With a view towards improving the Mentoring Program provided by the District of Puerto Rico to some of the new CJA Panel members, PRACDL's Board has been meeting and working out a proposal to present to the Court's CJA Committee, presided by Honorable Aida M. Delgado-Colón.  At the gist of the proposal to be submitted, is the idea of putting the Mentor back into the Mentoring Program to interact with the Mentoree, rather than simply have an attorney attend a series of Court events.  Moreover, the proposal will include participation for both in-court and out-of-court events, such as witness and client interviews, and motion practice. And PRACDL will make available to the Court a list of PRACDL Members willing to act as Mentors.

PRACDL's New Board

The Officers and other Board Members for this year are as follows:

• Mariángela Tirado-Vales - President
• Linda Backiel - Vice President
• Jorge E. Rivera-Ortíz - Treasurer
• Tom Lincoln - Secretary
• Rachel Brill
• Jason González-Delgado
• Joseph Laws - Federal Public Defender - Permanent Board Member
• José L. Novas-Debién
• Jorge Vega-Pacheco

Pursuant to PRACDL By-Laws, the President  was elected at our annual meeting, together with the other Board Members, who would then elect from among their midst the other officers.

Vice President Linda Backiel will chair PRACDL's Lawyers' Assistance Strike Force, Rachel Brill will chair the Continuing Legal Education Committee.  I will continue in charge of the blog.

PRACDL 4th Workshop and Annual Dinner Meeting - December 7th, 2006

PRACDL invites all criminal defense lawyers to it's Fourth 2006 Workshop on Thursday, December 7, 2006. This will be followed by our Annual Dinner Meeting. See the announcement here. The workshop topic is Grand Jury Practice.

    Time: 4:00 to 6:00 p.m.
    Place: U.S. District Court in Hato Rey
    Cost: Free to PRACDL members, and $25.00 for all other criminal defense lawyers.

In agreement with the Court's CJA Committee, CJA panel members who attend all four of the workshops will receive 1 of the 2 CLE credits required per year by the CJA Committee. No partial credits for attendance at less that all four workshops.

Following the workshop, we will hold our Annual Dinner Meeting (free, members only) at Café Al Fresco on O'Neill Street from 6:15 to 8:15 p.m. (dinner and all drinks included for those two hours). We will also hold our elections to the new Board.  Note: We don't have to leave after 8:15 p.m., but do have to pay our own drinks. A jazz group will start to play about that time.  I look forward to seeing you all there.

PRACDL invites all criminal defense lawyers to it's Fourth 2006 Workshop on Thursday, December 7, 2006. This will be followed by our Annual Dinner Meeting. See the announcement here. The workshop topic is Grand Jury Practice.

    Time: 4:00 to 6:00 p.m.
    Place: U.S. District Court in Hato Rey
    Cost: Free to PRACDL members, and $25.00 for all other criminal defense lawyers.

In agreement with the Court's CJA Committee, CJA panel members who attend all four of the workshops will receive 1 of the 2 CLE credits required per year by the CJA Committee. No partial credits for attendance at less that all four workshops.

Following the workshop, we will hold our Annual Dinner Meeting (free, members only) at Café Al Fresco on O'Neill Street from 6:15 to 8:15 p.m. (dinner and all drinks included for those two hours). We will also hold our elections to the new Board.  Note: We don't have to leave after 8:15 p.m., but do have to pay our own drinks. A jazz group will start to play about that time.  I look forward to seeing you all there.

Jury Refuses to Impose Death Penalty

Again a federal jury refuses to impose the death penalty in the District of Puerto Rico, this time in the case of Carlos Ayala-López, found guilty of murdering a federal security guard. The defense was made up by Bill Matthewman (of Florida) and PRACDL member Juan A. Pedrosa.  They both did an exemplary job.

Since the advent of the modern day federal death penalty, the Government has not once been able to convince a Puerto Rico jury to vote for death. Capital punishment is banned under the Constitution of the Commonwealth of Puerto Rico.  Perhaps the time has come for the Department of Justice to give up its effort to seek capital punishment in Puerto Rico.

As a curious aside, sources tell me that the Government moved to have defense counsel precluded from mentioning God during penalty phase closing arguments.

Rachel Brill Appointed to Advisory Committee on the Federal Rules of Criminal Procedure

PRACDL Charter Member Rachel Brill has been appointed by the Chief Justice of the United States to serve on the Advisory Committee on the Federal Rules of Criminal Procedure. This is a great distinction and honor.

Rachel has served as PRACDL Treasurer, 1992-2004; and as a Board Member, 2004-2005. She is an accomplished trial and appellate lawyer. She is in charge --on behalf of NACDL-- of assisting counsel here in San Juan in preparing for oral argument before the First Circuit.  She has chaired PRACDL's CLE Committee and is also a member of the Amicus Committee and our Lawyer's Assistance Task Force.  More recently, she has been involved with other PRACDL members in valuable workshops for criminal defense lawyers.  She has served as Professor (1993-2002) and Adjunct Professor (2004-present), at the Federal Criminal Litigation Clinic, University of Puerto Rico.

Rachel, PRACDL congratulates you!

Two New Magistrate Judges Appointed

PRACDL member  Bruce J. McGiverin and Assistant U.S. Attorney Marcos López have been appointed to serve as U.S. Magistrate Judges in the District of Puerto Rico. They will occupy the vacancies left when  Hon. Aida M. Delgado-Colón and Hon. Gustavo A. Gelpí were appointed as U.S. District Judges.

Our best wishes to both in their new positions.

These appointments complete a year of  new appointments to the Federal Bench in Puerto Rico, with three new U.S. District Judges, and now two new Magistrate Judges.

Francisco A. Besosa - Our Newest Federal Judge

The Senate, acting pursuant to a unanimous consent agreement, voted on September 25, 2006 to confirm Francisco A. Besosa as U.S. District Judge for the District of Puerto Rico. The nomination met no opposition and the vote was 87-0. Judge Besosa will occupy the vacancy left by now Senior U.S. District Judge Juan M. Pérez-Giménez.

Judge Besosa is a graduate of Brown University (A.B., 1971) and The Georgetown University Law Center (J.D., 1979). He also served as an Assistant United States Attorney (Civil Division) in the U.S. Attorney's Office for the District of Puerto Rico from 1983-1986.  At the time of his nomination he directed the Litigation and Trial Practice Department at the firm of Adsuar Muñiz Goyco & Besosa, P.S.C.  He has been a member of the Committee to Revise the Local Rules of the United States District Court for the District of Puerto Rico and in 1993 he was appointed to the Court's United States Magistrate Judge Merit Selection Panel. In 1997, the Supreme Court of Puerto Rico appointed Mr. Besosa to the Bar Examination Review Board of Puerto Rico. Judge Besosa also served as an officer in the United States Army's Military Intelligence Branch, was discharged honorably in 1976 as a Captain and was awarded the Army's Meritorious Service Medal.

Everyone who knows him, including myself, praises his intellect and integrity.

PRACDL welcomes Judge Besosa to the federal bench and wishes him all the best in this new role in life.

First Circuit Notice to Court-Appointed Counsel Regarding Requiremnents for Briefs

The Court of Appeals for the First Circuit has issued a Notice to Court-Appointed Counsel Regarding Requiremnents for Briefs, which states as follows:

Effective September 1, 2006, counsel appointed under the Criminal Justice Act, 18 U.S.C. § 3006A, must file briefs in accordance with the copy requirements set forth in Fed. R. App. P. 31(b)and 1st Cir. R. 31(b), which require that all parties represented by counsel must submit ten copies of the brief (nine paper copies plus a disk, cd or dvd). See also 1st Cir. R. 32(a). This change has been made to ensure that there are a sufficient number of bound copies of the briefs for thebenefit of the judges and their law clerks. The expense of copying the briefs continues to berecoverable under Section 18, Other Expenses, on CJA Form 20, Appointment of and Authority to Appoint Counsel, and so the change should impose no additional burden on counsel.

(emphasis added).

PRACDL Workshop on Practical Applications of Daubert

PRACDL inbviutes all criminal defense lawyers to it's third 2006 workshop to be held on Wednesday, September 6, 2006. The topic is: Practical Applications of Daubert.

    Time: 4:00 to 6:00 p.m.
    Place: U.S. District Court in Hato Rey
    Cost: Free to PRACDL members, and $25.00 for all other criminal defense lawyers.

In agreement with the Court's CJA Committee, CJA panel members who attend all four of the workshops will receive 1 of the 2 CLE credits required per year by the CJA Committee. No partial credits for attendance at less that all four workshops.