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Title: New Orleans judge orders release of seven inmates including 'murderer and rapist' because state cannot afford to pay for their defense attorneys
Source: Daily Mail Online
URL Source: http://www.dailymail.co.uk/news/art ... ord-pay-defense-attorneys.html
Published: Apr 10, 2016
Author: Ollie Gillman For Dailymail.com
Post Date: 2016-04-10 08:37:16 by cranky
Keywords: None
Views: 1282
Comments: 10

  • Judge ruled seven men should be freed because they can't get an attorney
  • New Orleans authorities cannot afford to pay for their legal representation
  • They have been denied Sixth Amendment rights, judge Arthur Hunter said
  • Inmates include 5 alleged robbers, suspected rapist and alleged murderer
  • Release has been delayed for 10 days pending the district attorney's appeal

Seven inmates including an alleged rapist and accused murderer are set to be released in New Orleans because the state of Louisiana cannot afford to represent them.

Judge Arthur Hunter ruled that seven suspects should be freed because they cannot afford attorneys and are being denied the right to one by state authorities.

Among the accused are suspected killer Darrian Franklin, 40, and alleged rapist Henry Campbell, 21.

Henry Campbell, 21. Charges: Rape, obscenity, battery of a correctional employee
Darrian Franklin, 40. Charges: Second-degree murder, obstruction of justice

Seven inmates including an alleged rapist and accused murderer are set to be released in New Orleans because the state of Louisiana cannot afford to represent them. Pictured, alleged rapist Henry Campbell (left) and suspected killer Darrian Franklin (right)

Alex Bernard, 48. Charges: Robbery, simple battery, two counts of aggravated assault
Malcolm Smith, 23. Charges: Armed robbery with a firearm

Some of them have spent months in jail without any legal representation, which the judge ruled was unconstitutional. Pictured, alleged robbers Alex Bernard and Malcolm Smith (left and right)

The five other men - Alex Bernard, Malcolm Smith, Donald Gamble, Joshua Vaughn and Benny Walker - are all alleged robbers, with four of them accused of using a firearm.

Some of them have spent months in jail without any legal representation, which the judge ruled was unconstitutional.

Hunter ordered the release of all seven of the inmates, but the men will remain in jail for at least the next 10 days.

The judge stayed his decision so District Attorney Leon Cannizzaro can consider filing an appeal, which his office says he has the full intention of doing.

Hunter ruled that each of the seven men's Sixth Amendment rights had been violated, The Advocate reported.

'The defendants' constitutional rights are not contingent on budget demands, waiting lists and the failure of the Legislature to adequately fund indigent defense,' he wrote.

Benny Walker, 32. Charges: Two counts of attempted armed robbery with a firearm
Joshua Vaughn, 22. Charges: Armed robbery, armed robbery with a firearm, possession of a weapon by a felon, illegal possession of a stolen vehicle
Donald Gamble, 28. Charges: Two counts of armed robbery, aggravated assault with a firearm

The judge stayed his decision so the district attorney can consider filing an appeal, which his office says he has the full intention of doing. Pictured left to right, Benny Walker, Joshua Vaughn, Donald Gamble

Judge Arthur Hunter ruled that seven suspects should be freed because they cannot afford attorneys and are being denied the right to one by state authorities

Judge Arthur Hunter ruled that seven suspects should be freed because they cannot afford attorneys and are being denied the right to one by state authorities

'We are now faced with a fundamental question, not only in New Orleans but across Louisiana: What kind of criminal justice system do we want? One based on fairness or injustice, equality or prejudice, efficiency or chaos, right or wrong?'

The district attorney's office said releasing the men 'poses a clear and present danger to public safety' and that the ruling would be appealed.

The accused's cases were rejected by Chief Public Defender Derwyn Bunton because of a gaping hole in his office's budget.

Hunter then gave the cases to private attorneys, who have refused to work until they are paid.

Bunton said: 'Obviously, the charges involved in these cases are really serious, so I do think folks should be concerned about public safety.

'We wouldn't need to be in this position if they provided the resources that are necessary under the constitution. You can only prosecute as fast as you can defend, and if you can't defend, you can't prosecute.'

SEVEN MEN WHO COULD BE FREED BECAUSE THEY CAN'T GET A LAWYER

Alex Bernard, 48. Charges: Robbery, simple battery, two counts of aggravated assault.

Darrian Franklin, 40. Charges: Second-degree murder, obstruction of justice.

Henry Campbell, 21. Charges: Rape, obscenity, battery of a correctional employee.

Malcolm Smith, 23. Charges: Armed robbery with a firearm.

Donald Gamble, 28. Charges: Two counts of armed robbery, aggravated assault with a firearm.

Joshua Vaughn, 22. Charges: Armed robbery, armed robbery with a firearm, possession of a weapon by a felon, illegal possession of a stolen vehicle.

Benny Walker, 32. Charges: Two counts of attempted armed robbery with a firearm.

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#1. To: cranky (#0)

Black Lives Matter!

buckeroo  posted on  2016-04-10   9:00:15 ET  Reply   Trace   Private Reply  


#2. To: buckeroo (#1)

Black Lives Matter!

Black Lies Matter more.

That's all people seem to remember.

There are three kinds of people in the world: those that can add and those that can't

cranky  posted on  2016-04-10   9:27:59 ET  Reply   Trace   Private Reply  


#3. To: buckeroo (#1)

" New Orleans judge orders release of seven inmates including 'murderer and rapist' because state cannot afford to pay for their defense attorneys "

And they all look like such fine upstanding citizens too.

Wonder how the families of the victims feel about this?

I guess New Orleans is just taking another step towards vigilantism.

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

"I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2016-04-10   9:29:26 ET  Reply   Trace   Private Reply  


#4. To: Stoner, cranky (#3)

If you took notice of our ... shall, we say ... respectable citizens listed in the article, their rap sheets are absent any narcotics violations. Wanna bet they have been using illicit narcotics for years?

buckeroo  posted on  2016-04-10   9:39:48 ET  Reply   Trace   Private Reply  


#5. To: buckeroo (#4)

" Wanna bet they have been using illicit narcotics for years? "

No!

But if the families of their victims were like people around here, they would all be snacks for gators. Justice served !

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

"I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2016-04-10   9:43:26 ET  Reply   Trace   Private Reply  


#6. To: Stoner (#5)

But if the families of their victims were like people around here, they would all be snacks for gators.

PETA frowns on people intentionally giving alligators indigestion. PETA could formally summon a protest against your recommendation.

buckeroo  posted on  2016-04-10   9:48:47 ET  Reply   Trace   Private Reply  


#7. To: buckeroo (#4)

Wanna bet they have been using illicit narcotics for years?

No bet.

There are three kinds of people in the world: those that can add and those that can't

cranky  posted on  2016-04-10   9:50:13 ET  (1 image) Reply   Trace   Private Reply  


#8. To: cranky (#7)

No bet.

You won't take that earlier bet, 'eh? How about betting against the notion that they voted for 0bama not just once but twice?

buckeroo  posted on  2016-04-10   9:57:36 ET  Reply   Trace   Private Reply  


#9. To: buckeroo (#6)

" PETA could formally summon a protest against your recommendation. "

They would not know who to protest. Or, they would become gator snacks themselves. They would quickly learn to STFU !

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

"I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2016-04-10   10:13:42 ET  Reply   Trace   Private Reply  


#10. To: cranky (#7)

LOL !!

Si vis pacem, para bellum

Those who beat their swords into plowshares will plow for those who don't

Rebellion to tyrants is obedience to God.

There are no Carthaginian terrorists.

President Obama is the greatest hoax ever perpetrated on the American people. --Clint Eastwood

"I am concerned for the security of our great nation; not so much because of any threat from without, but because of the insidious forces working from within." -- General Douglas MacArthur

Stoner  posted on  2016-04-10   10:14:35 ET  Reply   Trace   Private Reply  


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