Post by Shuftin on Jan 6, 2007 15:13:39 GMT -5
Jan. 06, 2007
By ROBIN FITZGERALD
GULFPORT - Attorneys for Ryan Teel have received a copy of videotaped images of the Feb. 4, 2006, assault on Harrison County jail inmate Jessie Lee Williams Jr.
The tape, however, may not be enough for defense attorneys to persuade a federal review panel against seeking the death penalty when the former deputy stands trial on May 28, attorney Jim Davis said Friday.
Davis wanted prosecutors to hand over copies of witness statements, expert reports and other types of evidence so he can prepare to defend Teel in a "mini-trial" before a Justice Department panel in Washington. The government has a deadline of Feb. 16 to decide whether Teel's alleged involvement in Williams' fatal beating merits a possible death penalty.
On Friday, U.S. Chief Magistrate Judge John M. Roper ruled against Davis' request, citing a federal rule known as the Jencks Act. The rule, considered by some to be unconstitutional, restricts a defendant's access to witness statements until the witness has testified in court against him.
"They're going to eat my lunch," said Davis, referring to the review panel and federal trial attorney John Richmond. "This is going to hinder my ability to give (Teel) the best defense possible."
Roper said he does not agree with the Jencks Act, but said he will not circumvent it.
"We're in unchartered waters here," Roper said.
Federal death-penalty cases are rare in Mississippi. They're even rarer nationwide when the defendant is a former law enforcement officer.
Davis said the videotape, compiled from surveillance cameras in the jail booking room, is of poor quality. Facing the review panel without more information puts the defense at an unfair advantage, said Davis, who wants to know what government witnesses and experts are prepared to say.
"His client should know who was there," Richmond said. "His client was the officer in charge of the booking room that night."
Roper allowed one advantage: He ordered federal prosecutors to provide the defense with a list of people who appear on the videotape within a few days before the panel review.
Roper said the defense can study plea agreements to get a better idea of how to defend Teel before the review board. Roper said he also has seen the videotape.
Richmond said the government has been generous in providing more documents to the defense than it is required to provide months in advance of trial. Davis and co-counsel Keith Pisarich have also received more than 450 pages in documents, Richmond said.
Teel, who remains in custody, is accused of two counts: using excessive force in an attempt to kill Williams under color of law in deprivation of civil rights, and destruction, alteration or falsification of records in a federal investigation.
The count involving injuries resulting in death is punishable by any number of years to life in prison. It's the count the government could use to seek the death penalty.
The other count is punishable by up to 20 years in prison.
Four former corrections officers have pleaded guilty to conspiring to deprive jail inmates of their civil rights. Two of them were on duty the night Williams, 40, was beaten in the booking room. They have agreed to testify for the government.
www.sunherald.com/mld/sunherald/16396527.htm
By ROBIN FITZGERALD
GULFPORT - Attorneys for Ryan Teel have received a copy of videotaped images of the Feb. 4, 2006, assault on Harrison County jail inmate Jessie Lee Williams Jr.
The tape, however, may not be enough for defense attorneys to persuade a federal review panel against seeking the death penalty when the former deputy stands trial on May 28, attorney Jim Davis said Friday.
Davis wanted prosecutors to hand over copies of witness statements, expert reports and other types of evidence so he can prepare to defend Teel in a "mini-trial" before a Justice Department panel in Washington. The government has a deadline of Feb. 16 to decide whether Teel's alleged involvement in Williams' fatal beating merits a possible death penalty.
On Friday, U.S. Chief Magistrate Judge John M. Roper ruled against Davis' request, citing a federal rule known as the Jencks Act. The rule, considered by some to be unconstitutional, restricts a defendant's access to witness statements until the witness has testified in court against him.
"They're going to eat my lunch," said Davis, referring to the review panel and federal trial attorney John Richmond. "This is going to hinder my ability to give (Teel) the best defense possible."
Roper said he does not agree with the Jencks Act, but said he will not circumvent it.
"We're in unchartered waters here," Roper said.
Federal death-penalty cases are rare in Mississippi. They're even rarer nationwide when the defendant is a former law enforcement officer.
Davis said the videotape, compiled from surveillance cameras in the jail booking room, is of poor quality. Facing the review panel without more information puts the defense at an unfair advantage, said Davis, who wants to know what government witnesses and experts are prepared to say.
"His client should know who was there," Richmond said. "His client was the officer in charge of the booking room that night."
Roper allowed one advantage: He ordered federal prosecutors to provide the defense with a list of people who appear on the videotape within a few days before the panel review.
Roper said the defense can study plea agreements to get a better idea of how to defend Teel before the review board. Roper said he also has seen the videotape.
Richmond said the government has been generous in providing more documents to the defense than it is required to provide months in advance of trial. Davis and co-counsel Keith Pisarich have also received more than 450 pages in documents, Richmond said.
Teel, who remains in custody, is accused of two counts: using excessive force in an attempt to kill Williams under color of law in deprivation of civil rights, and destruction, alteration or falsification of records in a federal investigation.
The count involving injuries resulting in death is punishable by any number of years to life in prison. It's the count the government could use to seek the death penalty.
The other count is punishable by up to 20 years in prison.
Four former corrections officers have pleaded guilty to conspiring to deprive jail inmates of their civil rights. Two of them were on duty the night Williams, 40, was beaten in the booking room. They have agreed to testify for the government.
www.sunherald.com/mld/sunherald/16396527.htm