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
- KSL investigation: Affinity fraud 10:46 a.m.
- Pratt pleads not guilty to sex charges 10:27 a.m.
- Hair-pulling raises more questions 10:09 a.m.
- Housing plan reaches 1 in 5 8:51 a.m.
- 25-year sentence in scuba slaying 8:50 a.m.
- Gunman in NY school surrenders 8:49 a.m.
- Fed: Weak economy won't spur jobs 8:48 a.m.
- Subway train stops short of woman 8:37 a.m.
- Ida weakens, heads east 8:34 a.m.
- Obama pressed into role as healer 8:14 a.m.
- Utah group finds homes for orphans
- Soccer MVPs know how to win
- Senators want food tax restored
- Matheson gets no thanks from GOP
- Jazz blow big lead, hang on
- Price injured; Miles has cast removed
- Alta's Ohai is Ms. Soccer 2009
- Mitchell seeks to block witnesses
- Bystanders framed for child porn
- TCU showdown has big implications
- House passes health care bill
236 - TCU showdown has big implications
184 - Lobo suspended
182 - Cougars crush hapless Cowboys
154 - Utah Jazz fall apart against Kings
131 - Senators want food tax restored
121 - TCU 4th in AP poll; U. 16th, Y. 22nd
118 - Thousands protest health bill
118 - RSL rallies to advance
103 - No 'backlash' for pioneers, gays analogy
102
Meghan McCain, the daughter of former presidential candidate John...
Senator Stephenson isn't proposing raising the tax on the poor. He creating...
You are deeply deluded.
In one sentence you hit the nail on the head about what is wrong with your...
Democrats talk big about charity, but did you know that Republicans actually...
Warmer temperatures would be disastrous for Utah. We already struggle to get...
Remember the favorite mantra of "Bush Derangement Syndrome" coming from the...
I'm not a conservative but I always respected the intellectual underpinnings...
There is now confirmed data of the actual temps and co2 compiled by an MIT...
How stupid does it get? We can choose to call a people 'Latino' for any...
Spoken like a true user/loser. How much recouse do you think landlords have...


You can be the first to comment on this story.