A Daily news digest by Jasper van Santen

Inmate’s Ordeal Shows Vagaries of Capital Cases – NYTimes.com

In News on April 16, 2012 at 13:46

Inmate’s Ordeal Shows Vagaries of Capital Cases 

WASHINGTON — Albert Holland Jr., a death row inmate in Florida, has no legal training and seems to be suffering from a mental illness — “perhaps a disorder involving paranoia or delusional thoughts,” a federal judge wrote recently.

But he turns out to be a pretty good lawyer. Two years ago, in allowing Mr. Holland a fresh chance to make his case after his court-appointed lawyer blew a crucial deadline, the Supreme Court praised Mr. Holland’s legal acumen. Indeed, Justice Stephen G. Breyer wrote, Mr. Holland had had a better understanding of the complicated time limits for challenging death sentences in federal court than his lawyer had.

Mr. Holland made good use of the opportunity the Supreme Court gave him. A couple of weeks ago, he won a decision granting him a new trial. In the process, he opened a window on the astoundingly spotty quality of court-appointed counsel in capital cases.

The lawyer whose work the justices had considered was the least of it; he had merely been unresponsive and incompetent. Mr. Holland’s earlier lawyers had failed him in much more colorful ways.

Consider Kenneth Delegal, who was assigned to defend Mr. Holland at a 1996 retrial on charges that he had killed a Pompano Beach police officer in 1990. Mr. Delegal was removed from the case after being sent to a mental health facility. Later, the two men would see each other at the Broward County jail, where Mr. Delegal was held on drug and domestic violence charges.

The next lawyer, James Lewis, was a friend of Mr. Delegal’s and had shared office space with him. When Mr. Delegal went to court after his removal from Mr. Holland’s case, seeking to be paid about $40,000 for his work on it, the new lawyer testified on behalf of the old one, saying the fees had been “reasonable and necessary.”

Mr. Delegal died of a drug overdose about a month after the fee hearing, and a local paper asked his former colleague Mr. Lewis about his troubles. “I heard some rumors,” Mr. Lewis said, “but I chose not to know.”

This series of lawyers, Judge Patricia A. Seitz of the Federal District Court in Miami wrote this month, “does assist in understanding why someone, perhaps predisposed to paranoia due to a mental disturbance, may have wanted self-representation over court-appointed counsel.”

In granting Mr. Holland a new trial, Judge Seitz ruled that a state judge had violated Mr. Holland’s rights under the Sixth Amendment by refusing to let him represent himself.


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