Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant (on petition for rehearing)

Brief Amici Curiae of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation in Support of Appellant’s Petition for Panel Rehearing and Rehearing En Banc

NACDL, Innocence Project call for reopening cases in light of National Academies report on FBI bullet lead analysis - Washington, DC (February 10, 2004) -- The National Academies’ report released today, Forensic Analysis: Weighing Bullet Lead Evidence, demonstrates once again the value of peer-reviewed, open science. The FBI is to be commended for requesting this intensive review and the National Research Council for its comprehensive findings and recommendations.

Lab Fraud Found in Case of Inmate Already Executed NACDL President Calls For Discovery Reform, Death Penalty Moratorium - Washington, D.C. (August 31, 2001) - In response to revelations of falsified testimony by forensic chemist Joyce Gilchrist of the Oklahoma City Police Department forensic laboratory in the case of Malcolm Rent Johnson, who was executed in January, 2000, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement:

Unprecedented candor raises suspicion of criminal defense bar Government admission of undisclosed evidence is uncommon response to common situation - Washington, DC (May 11, 2001) -- In response to the admission by the Justice Department that more than 3,000 pages of interviews and other material were not properly and timely disclosed to the defense in the Timothy McVeigh case, National Association of Criminal Defense Lawyers President Edward Mallett issued the following statement:

NACDL opposes use of "secret evidence" Immigration detainees should get fair look at evidence against them - Washington, DC (March 28, 2001) -- U.S. House Minority Whip David Bonior (D-MI) will re-introduce the Secret Evidence Repeal Act on Wednesday, March 28, to end the practice of using undisclosed evidence to detain and deport immigrants. National Association of Criminal Defense Lawyers Past President Neal Sonnett issued the following statement:

Lab fraud found in case of inmate already executed NACDL president calls for discovery reform, death penalty moratorium - Washington, DC (August 21, 2001) -- In response to revelations of falsified testimony by forensic chemist Joyce Gilchrist of the Oklahoma City Police Department forensic laboratory in the case of Malcolm Rent Johnson, who was executed in January, 2000, National Association of Criminal Defense Lawyers President Irwin Schwartz issued the following statement:

New Criminal Discovery Rules for U.S. District Court for the District of Massachusetts - Washington, DC (December 1, 1998) -- U.S. District Court for the District of Massachusetts has promulgated new "self-executing, automatic" criminal discovery rules (effective date Dec. 1, 1998) which should serve as a model for every federal court in the country.

Justice Dept. Urged to Release FBI Lab Report - Washington, DC (February 4, 1997) -- Frustrated over the U.S. Justice Department's refusal to make public its Inspector General's report outlining serious problems with and within the FBI laboratory -- problems which could affect hundreds of individual cases across the country -- the National Association of Criminal Defense Lawyers (NACDL) today filed a Freedom of Information Act request seeking its prompt release within 10 working days as required by law.

Proposals in Congress Make Future Wacos More Likely, Not Less -- Washington, DC (July 19, 1995) -- "Even as these Subcommittees begin to review the tragic debacle at Waco, ironically both Houses of Congress are considering measures to expand still further the powers of the very federal agencies responsible for that and other disasters. Those measures would bring about dramatic increases in the unchecked power, authority, and role of federal officials in everyday American life," according to National Association of Criminal Defense Lawyers (NACDL) President Gerald H. Goldstein.

Provisions in Senate Crime Bill Would Eviscerate Fourth and Fifth Amendments -- Washington, DC (March 23, 1995) -- Proposals that would corrode the constitutional pillars of our legal system and undermine our cherished American democracy are now making their way through Congress.

Criminal Defense Bar Leader To Criticize Hypocrisy of Congress on Crime Measures -- Washington, DC (September 21, 1995) -- The head of the nation's criminal defense bar will criticize Congress' criminal justice agenda in a speech to the annual meeting of the District of Columbia Association of Criminal Defense Lawyers (DCACDL), to be held at Sfuzzi, in Washington's Union Station, on Friday evening, September 22.

Congress Should Act on the Common Lessons of Waco and Ruby Ridge -- Washington, DC (September 6, 1995) -- With Congress now focusing public attention on the law enforcement lawlessness that contributed to the tragedies at the Branch Davidians' Mount Carmel Center near Waco, Texas, and the home of the Weaver family on Ruby Ridge, Idaho, congressional leaders must adopt reforms to strengthen Americans' constitutional protections against such misconduct, and abandon proposals that would further weaken them, wrote Robert Fogelnest...

Joint Statement of Gerald H. Goldstein, Immediate Past President, and National Association of Criminal Defense Lawyers (NACDL) -- Washington, DC (October 24, 1995) -- By virtue of their role in the justice system, the nation's criminal defense lawyers are uniquely positioned to observe how law enforcement and prosecutorial agencies perform their work. Before the headline-grabbing events at Waco and Ruby Ridge, NACDL's members were painfully aware of the increasingly militaristic culture growing throughout law enforcement in the United States.

Abandoning Constitutional Liberties Won't Cure Crime! -- Washington, DC (June 12, 1995) -- The broad-based abandonment of constitutional liberties contained in the current congressional crime agenda represents a dangerous surrender of long-cherished American rights and will be futile in making our society safer, criminal defense lawyers from across the U.S. will tell congressional leaders on Wednesday, June 14 when they arrive in Washington for the National Association of Criminal Defense Lawyers' (NACDL) Fourth Annual Legislative Fly-In.