Injustice for All with Robert Simels
Mental Disabilities in Criminal Defense and DOJ Appointment Controversies Host Robert Simels introduces his background as former prosecutor, longtime defense attorney, and former inmate, then criticizes prosecutorial ethics and discusses legal challenges tied to Trump DOJ U.S. attorney appointments, including the Comey prosecution where U.S. Attorney Lindsey Halligan allegedly secured an indictment without a grand jury vote and related appointments-clause disputes likely headed to appellate courts. Simels then interviews New York-based defense attorney Elizabeth Kelley, who practices nationwide representing clients with serious mental illness, intellectual/developmental disabilities (including autism and fetal alcohol spectrum disorder), and neurocognitive disorders like dementia. Kelley explains the need for specialized forensic mental health evaluations to connect diagnosis to conduct for plea negotiations, sentencing mitigation, and competency issues; describes barriers to experts, court time, and BOP conditions; discusses autism’s impact on interrogation and testimony (citing an amicus brief in Sam Bankman-Fried’s case); and advocates humanizing clients and using preferred, person-first language. 00:47 Host Background And Mission 02:00 Comey Case Grand Jury Misstep 08:10 Appointments Clause Showdown 11:49 Meet Elizabeth Kelly 15:03 How Her Specialty Began 17:50 Building A Mental Health Defense 21:45 Finding And Funding Experts 26:52 Making Disability Matter In Court 31:54 Training Lawyers And Changing Culture 35:16 Time Pressures And Court Buy In 38:51 Do Prosecutors Cooperate 39:01 Prosecutors Start to Listen 42:58 CTE Claims Need Proof 45:19 Prisons as Mental Health Warehouses 48:35 Fixing Treatment Behind Bars 49:35 Danbury Special Skills Critique 53:39 Dementia Defense Playbook 58:00 Second Look and Expert Access 01:02:31 SBF Autism and Trial Strategy 01:07:23 Autism on the Witness Stand 01:13:32 Narrative Medicine for Lawyers 01:16:56 Person First Language Matters ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.
16 episodios
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