From Deseret News archives:
Legal defense funding advances
SB277, sponsored by Sen. Greg Bell, R-Fruit Heights, proposes to increase funding for an inmate's post-conviction legal proceedings. Defense attorneys and prosecutors say limits on funding contribute to extensive delays between convictions and the enactment of penalties, particularly in capital cases where the death penalty has been assessed.
Defense attorney Lynn Donaldson, who has represented death-row inmate Doug Lovell, testified that even with the funding increases proposed in Bell's bill, the amounts will still dissuade lawyers from taking post-conviction cases.
"The principle problem ... with this bill is that the funding, I think, is still inadequate," Donaldson said.
Another Utah defense attorney, Troy Booher, said the new funding plan would help the process and thanked both Bell and representatives from the Utah Attorney General's Office for changes that were made after the first hearing.
"Where's the constitutional right for my mom?" Hunsaker asked the committee. "The killer took her into the mountains, tied her to a tree and slit her throat."
A Utah 3rd District Court judge recently ordered a defense lawyer to represent Menzies in an appeal after failed attempts to find representation. Judge Stephen Roth cited a lack of funding under the current regulations as the major hindrance to advancing the case.
Thomas Brunker, assistant attorney general, commented on the case in his testimony.
"When Menzies' case returned to district court ... every qualified person who was contacted refused to take the case, citing lack of funding," Brunker said. "It took a year for Judge Roth to force counsel to take the case."
Brunker praised the changes in SB277.
"The logjam will be broken ... that's why we need this bill," Brunker said.
Maureen Hunsaker's mother, Betty Sudweeks, also testified before the committee.
"Matt had a 5-month-old sister and an 18-month-old brother who never got to know their mother," Sudweeks said. "Now that I'm getting older, I'm wondering if I will ever see closure."
The Senate Judiciary, Law Enforcement and Criminal Justice standing committee passed SB277 favorably back to the Senate floor for further consideration.
E-mail: araymond@desnews.com
Comments
- 'Carmen' opens La Scala season 11:03 a.m.
- Billboard names One-Hit Wonders 11:01 a.m.
- Shakira to addres Oxford Union 11:00 a.m.
- Bacons perform at fundraiser 10:59 a.m.
- Commercial spaceship unveiled 10:55 a.m.
- Lambert to appear on 'The View' 10:55 a.m.
- Impeachment debate focus: tryst 10:52 a.m.
- Suspect charged in Mumbai attack 10:45 a.m.
- Homer king Bonds made splash 10:33 a.m.
- U.N. climate conference opens 10:16 a.m.
- BYU professor remembered
- BYU and Utah's bowl games
- Cougars going back to Vegas
- TCU to play Boise in Fiesta Bowl
- Utah/BYU rivalry can be more civil
- Y. profs: Beck not all-knowing
- Utes excited to go to San Diego
- Bring the true spirit of Christmas
- Y., U. to learn bowl destinations
- The forgotten ship: USS Utah
- Letters: Liberal because LDS
262 - Y. profs: Beck not all-knowing
232 - Hate not limited to 1 in-state rivalry
190 - Aggies shoot past Cougars
179 - TCU to play Boise in Fiesta Bowl
174 - N.Y. Senate rejects gay marriage
131 - George lost in rivalry hatefest
115 - Cougars going back to Vegas
109 - Ed Smart 'appalled' at testimony
98 - Harpring's NBA career is over
95
Amazon.com, Target.com, Sears.com, Walmart.com, Kmart.com and...
That does it — I'm having an affair! Thanks to Tiger Woods, David...
First, a big thank you to all who posted questions here for me to ask...
Here in Utah it went up to `2.64 from arounds 2.59
No-brainer, MWC. Add Boise. Like yesterday. It strengthens the...
Who's ever seen a "Temporary" tax that didn't eventually become...
Yes, I'd like to see Mike Lee finally get into the race, although if you...
MUSTANGS are NOT NATIVE TO the Western United States or any other part of...
So the last two quarters were growth quarters and the financial industry is...
This is very dissapointing. What a Lame match up. GO TCU!
This about sums up the difference in our two programs. Go Boise!!
BYU in 1984 played to the system, and won. Congratulations to BYU on their...
"Conference president Connie Hedegaard said the key to an agreement is...



You can be the first to comment on this story.