Washington, DC (May 3, 2012) – On Saturday, May 5, five Guantanamo detainees accused of masterminding the 9/11 attacks on New York and Washington will be arraigned for a second time before a military commission at Guantanamo Bay, Cuba.
“This is a new beginning for America’s recurring nightmare, I am sad to say,” said Lisa M. Wayne, president of the National Association of Criminal Defense Lawyers.
Contrary to federal civilian practice, pleas of guilty or not guilty are not traditionally entered at a military commission arraignment; however, this is Guantanamo and anything can happen, NACDL’s National Security Counsel Mason Clutter wrote in an email from Andrews Air Force Base this morning as she was waiting to depart for Guantanamo to attend the hearing. NACDL is recognized by the Office of Military Commissions as a nongovernmental organization (NGO) human rights observer.
In April, the Convening Authority in charge of the military commissions, retired Vice Admiral Bruce MacDonald, recommended that Khalid Sheik Mohammed and four co-defendants face the death penalty if convicted.
NACDL maintains its position that the Guantanamo military commissions are inherently unfair and irreparably flawed. Evidence presented in any death penalty proceeding must be of the highest reliability. The system falls far short of bedrock American principles of fairness and due process. The commissions’ rules interfere with a defendant’s right to confront witnesses against him and still permit the government to introduce evidence derived from the use of “enhanced interrogation techniques,” albeit not statements made by the defendant himself. NACDL has also criticized rules promulgated by the base commander earlier this year which infringe upon the right to counsel by impeding confidential attorney-client communications.
“The commission system is a dead end for justice and the rule of law,” Wayne said.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Jack King, Director of Public Affairs & Communications, (202) 465-7628 or email@example.com.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.