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Two Very Different Death Penalty Defendants
By Dan Gorenstein on Thursday, April 10, 2008.
The two defendants in New Hampshire facing the death penalty couldn¹t be
more different.
There¹s John Brooks, a white millionaire who¹s charged with plotting and
hiring men to kill an associate.
Then there¹s Michael Addison, an indigent black man, who is charged with
shooting a Manchester police officer.
New Hampshire Public Radio¹s Dan Gorenstein reports on whether money, race
and class may shape the outcome of these two cases.
The two defendants in New Hampshire facing the death penalty couldn¹t be
more different.
There¹s John Brooks, a white millionaire who¹s charged with plotting and
hiring men to kill an associate.
Then there¹s Michael Addison, an indigent black man, who is charged with
shooting a Manchester police officer.
New Hampshire Public Radio¹s Dan Gorenstein reports on whether money, race
and class may shape the outcome of these two cases.
In many jurisdictions around the country John Brooks has a much better
chance of beating a death penalty sentence than Michael Addison.
Richard Dieter of the Death Penalty Information Center in Washington says
that¹s because if you have money like Brooks does, you certainly won¹t have
to use lawyers like these.
"...sleeping lawyers, drunk lawyers. Lawyers arrested for drugs while doing
the trial."
The American Bar Association says having the resources to afford quality
defense counsel is the single most important factor in proving innocence.
The ABA is neutral on the constitutionality or the appropriateness of the
death penalty.
The Association has just completed a four year, eight state study of death
penalty systems.
Former ABA President Michael Greco says based on that research defendants
don¹t often get good lawyers.
"Our findings taken as a whole, establish that deplorable death penalty
representation is pervasive throughout the states. Not just the eight we
have reviewed. Extrapolating to the other states, we can conclude that the
administration of the death penalty in the US is shameful."
Attorneys here tend to agree; nationally capital defendants aren¹t getting
great representation.
That¹s because states and counties don¹t often pay attorneys very much.
So often, defendants get lawyers with little experience, time, competence,
or some combination of the three.
Like most people facing capital charges, Michael Addison relies on whomever
the court appoints to represent him.
But every New Hampshire lawyer interviewed for this story agrees the state¹s
system to provide quality counsel is well above average.
Former state and federal prosecutor, Manchester attorney John Kacavas says
even though he didn¹t have a choice in who represents him, Michael Addison
should feel very lucky.
"I know each of his lawyers well. I have tried cases against them, with them
they are the best of the best in the public defender¹s office."
Praise for the New Hampshire Public Defender lawyers comes from all corners.
Even if the lawyers are experienced and paid fairly that doesn¹t mean all is
equal when comparing the Brooks defense team to the Addison team.
Not only can millionaire John Brook- who sold his company for 140 million
dollars- hire the best lawyers money can buy, but he can also retain the
best experts and investigators around.
Addison on the other hand, is at the mercy of the court.
Whenever Addison¹s lawyers want to hire a psychiatrist or DNA expert they
must get the money from the judge.
Former Public Defender Andy Schulman says
says, hypothetically, if Brooks¹ lawyers don¹t like an expert for any
reason, Brooks could just cut another check.
"...just like if you had a medical condition and you wanted to get a second
opinion from a different doctor. Well in the indigent world....you have to
go back before that same judge and explain why that expert wasn¹t good
enough. And since this is a system where you get your needs but not your
wants you may have a low probability of getting that second expert."
Former state assistant Attorney General John Kissinger agrees it¹s more
difficult to operate under a budget like Addison¹s lawyers must.
But he says it¹s a leap to suggest Addison won¹t be able to mount a strong
defense.
"What we owe Michael Addison...is a fair trial and effective representation.
That doesn¹t mean everyone gets the OJ defense team if they want."
At this point there is nothing to indicate Michael Addison¹s lawyers¹
requests for funds have been denied.
Attorney John Kacavas says turning down any request in the case would be a
silly move.
"It would be foolhardy for the state of NH to subject this young man to a
capital trial and not give his defense team every resource they could
possibly require that isn¹t frivolous. Ultimately these verdicts are
difficult to uphold on appeal. It would be a fool¹s errand for the state to
be pennywise and pound foolish."
But beyond the issue of resources, race is still an issue.
On the national level there are dozens of reports showing racial bias in
capital cases.
The statistic most often cited is that jury¹s are 3-5 times more likely to
give the death penalty if the victim of the crime is white.
In both the Brooks and Addison cases, the victims are white.
But John Holdridge of the American Civil Liberties Union says odds only go
up when the crime involves a black person killing a white person.
"Statistically, that racial configuration is more likely to result in a
death sentence. Far more likely. We don¹t know about NH, b/c nobody has
gotten the death penalty for years. But I can tell you there was a study in
CT, that found racial bias, study in PA that found racial bias, these are
the states that are closest to you."
"It¹s very tempting to characterize a trial in a particular way. Black guy
kills white cop. Rich white guy hires other people. I object to that."
Again, Manchester attorney John Kacavas.
"Juries do their jobs. It¹s been my experience that juries take their
responsibilities very seriously...
instructions they should not be motivated by fear, sympathy, race."
Attorney John Kissinger says it¹s too easy to look at the cases in black and
white.
At the end of the day, he says he expects the two juries to scrutinize the
facts.
"There is a lot of evidence that Mr. Brooks engaged with others in planning
and premeditation setting up the murder. My understanding with Addison case
in contrast is there isn¹t any evidence of that kind of planning and
premeditation. It¹s more of a spur of the moment thing. And I think that
that is a big difference between the two cases."
Barbara Keshin finds the differences of race and money compelling.
And when you factor in the social class differences the former prosecutor
and public defender says there is no doubt Michael Addison is far more
likely to get the death penalty than John Brooks.
"When I was a trial lawyer I had this theory the gestalt of trial work. You
would see a defendant there. and the jury would see the defendant
there....And how those people appear to them I think makes a huge difference
on how juries view that case."
"I think jurors looking at Mr. Brooks will see someone that looks like them,
has a background a little like them, if not better than them...And with Mr.
Addison and they see someone who looks very different than them, has very
different experiences than them...his family from what I¹ve seen look like
nice people, but not look like the jurors. They are black, different class,
come from MA."
While there are clearly differences between the two cases, lawyers say
Brooks and Addison do have two things in common.
Each has counsel who¹ve argued death penalty cases -- the Attorney General¹s
Office doesn¹t. And each will be judged by jurors from a state that hasn¹t
put anyone to death in nearly 70 years.
For NHPR News, I¹m DG.
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