Start Date: 4/22/2021 8:45 AM EDT
End Date: 4/22/2021 5:00 PM EDT
Venue Name: Virtual - via Zoom
34th Annual Conference & Criminal Defense Seminar
Representing Clients; Ensuring Just Outcomes
Virtual Event via Zoom
Thursday, April 22, 2021
6.5 CLE Credit; 2.0 Ethics Credit
Registration and Check In.
Bradley Clark, KACDL President
For eleven years, Brad Clark has focused on advocating for the accused in the Bluegrass state. He started as a state court public defender in Lexington, KY, then transitioned as an appointed counsel in death penalty cases and was recently in private practice. He joined the Suhre & Associates team in 2020 and is dedicated to providing great service to our clients.
Brad received his undergraduate degree from Washington University in St. Louis and attended law school at the University of Kentucky. Brad has tried over thirty cases to juries, on charges ranging from misdemeanors to murder. Practicing law isn’t the only venture he’s pursued. In 2016, he created an app that has helped over 10,000 Kentuckians in the criminal expungement process.
His work on the app, Unconvicted.com, has been featured in USA Today, the Atlantic’s City Beat and the Wall Street Journal. Brad is the recipient of the 2018 Kentucky Bar Association YLD Outstanding Young Lawyer Award and the 2017 UK College of Law Young Professional Award. He also serves as the Kentucky Association of Criminal Defense Lawyers (KACDL) President.
9:00 – 10:00 am
Ethics of Social Media Investigations
Presenter: William R. Gallagher, NACDL Board Member
This presentation will discuss what social media is out there, what is admissible, how to obtain the social media and the ethical considerations and limitations of seeking and using information obtained from social media. It will discuss examples of juror misconduct and the lawyer’s response to that juror behavior.
William Gallagher is a 1987 graduate with honors from Chicago-Kent College of Law in Chicago. After seven successful years as a trial attorney in the Lake and Cook Country Public Defender Offices in Illinois, he moved to Cincinnati in 1994. Since joining the Law Offices of Hal Arenstein, Mr. Gallagher has confined his practice to criminal cases in both state and federal courts.
10:00 – 11:00 am
Presenter: Christopher W. Adams, President of the National Association of Criminal Defense Lawyers, Charleston, SC
This session will go over simple and effective ways for you to be creative and persuasive at trial via storytelling.
Chris Adams is a criminal defense lawyer in Charleston, South Carolina. After spending 15 years as a public defender and non-profit lawyer, Chris opened his private practice in 2007. Chris devotes half of his practice to defending men and women facing the death penalty in federal and state courts throughout the country. Chris also defends people and businesses facing allegations or investigations in federal and state courts. Chris’ federal clients have recently benefitted from his experience, winning at trial (acquittal on all counts in 2014 in USA v. Williamson, 9:12-cr-410), on appeal (white collar sentencing reversal in 2015 in a case prosecuted in Charlotte (USA v. Alquza (4th Cir.) 14-4366), and in habeas (conviction vacated in 2015 in Harris v. USA, 2:10-cr-1198).
11:00 am – 12:00 pm
Digital Evidence Overview: What is it? Where is it?
Presenter: Alice Fontier, Managing Director Neighborhood Defender Service of Harlem
This presentation will give an overview of the most common types of digital evidence, focusing on what information is generally available and how to go about getting it. It will briefly cover the well-known and well-established issues related to computer forensics, cellphone forensics, and cell site evidence. The majority of the time will be spent discussing newer technologies such as body worn cameras, stingrays, and facial recognition technology. Finally, it will discuss the near-future capabilities of big data and issues to look out for in your jurisdictions. The presentation will also explain parallel construction - a primary reason why you may not see these technologies in your discovery, despite them being used by the police.
Alice Fontier is the Managing Director of NDS Harlem, a holistic public defense office providing criminal, civil, and family defense. She also serves as President of the New York State Association of Criminal Defense Attorneys. She has been a practicing criminal defense attorney for seventeen years after graduating from NYU School of Law. Prior to joining NDS Harlem, Alice was the Managing Director of the Criminal Defense Practice at the Bronx Defenders. She has previously worked as a Supervising Attorney at NDS Harlem, the Federal Defenders of San Diego, and as a private attorney in both the federal and state courts of New York. She has handled several high-profile national security cases and other media cases.
12:00 – 1:00 pm
Lunch Break - On Your Own
1:00 - 1:30 pm
United States Supreme Court Cases and Implications for Practice
Presenter: Tim Arnold, Director, Post-Trial, DPA
This session will discuss important criminal law cases that have occurred since the start of the 2019 Supreme Court term. This is not a survey of all the cases that have been decided during that time, or even all the criminal cases, but rather a highlight reel of the cases that may affect Kentucky practitioners, with a discussion of how to incorporate those decisions into their practice.
1:30 - 2:15 pm
KY Supreme Court Cases and Implications for Practice
Presenters: Kathleen Kallaher Schmidt, Manager, Appeals, DPA, and J. Guthrie True, True Guarnieri Ayer, LLP in Frankfort, Kentucky
This session will discuss significant criminal law opinions rendered by the Kentucky Supreme Court since June 2020. We will identify trends that attorneys should be aware of, as well as, discuss how recent holdings relate to our practice.
Kathleen Kallaher Schmidt is a 1983 graduate of the University of Kentucky Law School. She attended Vanderbilt University as an undergrad. She worked for the Department of Public Advocacy from 19831992, first in the Appeals Branch, then as Assistant Director of the Capital Resource Center. She practiced law in Shepherdsville from 1992 to 2008. She rejoined DPA as Appeals Branch Manager. She has a new grandson which makes life grand.
J. Guthrie True was born in Shelbyville, Kentucky, and was raised on the family farms in Franklin and Shelby Counties. He graduated from Franklin County High School in 1977. Guthrie is a summa cum laude graduate of Georgetown College in Georgetown, Kentucky, where he received his Bachelor of Science in business and economics in 1981. He was a member of Phi Kappa Tau fraternity and served as his chapter’s president. Guthrie has maintained his connection to his alma mater serving on the Georgetown College Board of Trustees since 2002, and has been honored to be elected by his fellow Board members to terms as Chair and Vice Chair of the Board. He also served on the College’s presidential search committee.
After completing law school in 1984, J. Guthrie True joined the law firm of Stoll, Keenon & Park (now Stoll Keenon Ogden) as an associate and eventually a partner. In 1995, Guthrie and his long-time partner, Richard Guarnieri, broke away to form their own multi-lawyer firm focusing primarily on litigation and administrative law. Guthrie’s practice focuses on white collar criminal defense. He spends much of his time representing individuals and corporations in federal and state grand jury investigations, and defending individuals and corporations at trial on indictments in federal and state courts in areas ranging from health care fraud to campaign finance to tax-related matters. He also focuses on complex civil litigation, False Claims Act litigation, products liability and personal injury litigation.
KY Court of Appeals Cases and Implications for Practice
Presenters: Josh Reho, Jefferson Co Public Defender and Mike Mazzoli, KACDL Amicus Co-Chair and Board of Director
The presenters will discuss some of the significant criminal law opinions rendered by the Kentucky Court of Appeals since June 2020. They will identify any trends that criminal defense attorneys should be aware of while also discussing how recent holdings relate to your day-to-day practice.
Joshua Reho is the Chief Appellate Defender for the Louisville Metro Public Defender’s Office. He started at the office in January, 2009, as a staff attorney in the Adult Trial Division. Prior to that, he graduated magna cum laude from the University of Kentucky with a Bachelor of Arts Degree in Political Science in 2005. He received his law degree from Chase Law School at Northern Kentucky University in 2008. During his time in the Adult Trial Division, he tried cases that resulted in complete acquittals in both District and Circuit Court. While in the Appellate Division, he has won several reversals in the Kentucky Supreme Court, including two complete reversals in felony cases. In 2015, he received the Louisville Bar Association’s Frank E. Haddad Jr. Young Lawyer Award.
Michael R. Mazzoli practices in Louisville in the firm of Cox and Mazzoli. He clerked for U.S. District Judge John G. Heyburn II, Western District of Kentucky, 1992-1994. He was an Assistant U.S. Attorney, 1994-1999. Mike is the head of the Criminal Justice Act Attorneys Panel, a group of over one hundred federal criminal defense attorneys in the Western District of Kentucky who accept appointments to defend indigent clients in federal court. As Panel Representative, Mike regularly provides updates about changes in criminal law, local and national legal education seminars, good sources of case law and analytical information, and details about billing rates and payment processing for appointed attorneys. Mike also helps manage the Panel, serves as liaison to the federal Judges, and represents the Western District of Kentucky’s attorneys at the annual national conference of Panel Representatives. Mike was named to lead the panel in 2005 and was re-appointed to serve another four-year term in 2009. Mike is the President and Chairman of the Board of Directors for the Federal Community Defender’s Office, the agency that serves as the “public defender” for persons accused of federal crimes in the Western District of Kentucky. As Board member, Mike helps manage the office’s business affairs and consults on other matters as appropriate. Mike was named to the Board in 2002, and reappointed by the Western District of Kentucky Judges for successive three-year terms in 2006, 2009, 2012, and 2018.
Ethical Issues Facing Defense Attorneys when Representing Clients with Severe Mental Illness
Presenter: Lisa Freedman, Senior Attorney, Neighborhood Defender Service of Harlem
This discussion reviews how to approach the ethical issues and obligations that arise when representing and advising clients with severe mental illness. It will cover the legal defense of insanity and who authorizes its use, challenging legal competency and the implications of doing so, 72 hour holds, and plea bargaining when your client is making questionable choices.
For over 10 years, Lisa Freedman has worked with clients who suffer from mental illness. Many of these clients are undiagnosed, untreated, and at the mercy of an unjust system that understands little about mental health. Lisa has worked to convince prosecutors and judges to treat her clients with respect, while acknowledging that her clients maintain control over their own lives and cases. She has represented clients in mental health treatment courts, and presented mental illness as mitigation for plea bargains, in trials, and in sentencing.
2021 Legislative Activity in the 2021 General Assembly
Philip Lawson, KACDL Legislative Agent
This session will review the criminal law legislation passed in the 2021 General Assembly along with its implications for practice, effective date and the bills that were unsuccessful.
Philip Lawson did an internship with United States Representative Ben Chandler, served as a law clerk under former Chief Judge Hon. Sara W. Combs of the Kentucky Court of Appeals and was an assistant public defender in Frankfort. He is now an attorney with True Guarnieri Ayer, LLP in Frankfort, Kentucky. Philip continues to represent clients in state law criminal defense, federal criminal defense, personal injury, family law, and complex civil litigation. He is KACDL’s Legislative Agent.
4:30 - 5:00 pm Awards Reception presented by KACDL President, Bradley Clark
Private Defense Attorney Member
Private Defense Attorney Non Member
Public Defense Attorney Member
Public Defense Attorney Non member
Private or Public Defense Associate Member
Law Student Member*
Life or Sustaining Member
Handouts: All handout materials are in digital form and are provided 24 hrs in advance via a secured dropbox link.
CLE: KBA approval for 6.5 hours of CLE credit, including 2.0 hours of Ethics.
Conference Brochure: 2021 - 24th Annual KACDL Conference and Awards Reception
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Mail in Registration: Please download the mail-in registration form, complete it and mail along with check made payable to KACDL to Attn: KACDL Annual Conference, PO Box 340, Union, KY 41091. Registration form and payment must be received by April 15, 2021 to ensure attendance.
Cancellation Policy: All cancellations must be received by KACDL 96 hours in advance of event start date to receive credit or full refund. Substitutions are allowed.