Defenders Association Holds 41st Annual Meeting in Saratoga

ALBANY, NY (07/23/2008)(readMedia)-- On Monday night, July 21, 2008, Martin Tankleff's keynote speech at the New York State Defenders Association's annual conference awards banquet brought the audience to its feet in a standing ovation. On Tuesday, those attending the conference again burst into applause upon hearing that all charges filed against Mr. Tankleff in the 1988 murders of his parents had finally been dismissed.

Lawyers honored at the awards dinner exemplify the hard work and dedication to their clients' cases that Marty Tankleff urged upon all present.

Elon Harpaz and Kerry Elgarten, Staff Attorneys at the New York City Legal Aid Society's Criminal Appeals Bureau and Parole Revocation Defense Unit, received this year's Service of Justice Award. Their research, writing, and zealous advocacy have brought about the release of many individuals improperly locked up for violating supervision "administratively” added to their sentences by the Department of Correctional Services.

Daniel E. Barry, Jr., Staff Attorney in the Public Defender Unit of the Legal Aid Bureau of Buffalo, received NYSDA's Wilfred R. O’Connor Award for his dedicated and outstanding representation of clients in Buffalo City Court for 38 years. The value of Mr. Barry's work for his clients inspired – and continues to inspire– young lawyers and his contemporaries, who strive to serve their clients equally well.

Andre A. Vitale, Staff Attorney with the Monroe County Public Defender, received the Kevin M. Andersen Memorial Award created by the Genesee County Public Defender Office to recognize the work of young attorneys who offer their public defense clients zealous representation and compassion.

Mr. Tankleff called his speech, and himself, "one of the lucky ones," recognizing the support he had received from family, lawyers, and others as he struggled to prove he was not guilty. He outlined steps he believes must be taken to prevent new wrongful convictions, including recording of all police interrogations to prevent extraction of false confessions and better investigation.

The story of Mr. Tankleff's wrongful conviction – how it occurred and how to prevent similar horrors in the future – resonated deeply with those in attendance. Public defense lawyers dedicated to zealous representation of their clients are hampered at every turn by lack of resources and time, increasing the fear all lawyers have of failing to protect clients from erroneous charges and other injustices. This is why NYSDA advocates that New York create a statewide Independent Public Defense Commission heading a statewide, fully and adequately state funded public defense system. Mr. Tankleff included this reform in his list of improvements necessary to prevent wrongful convictions.

The New York State Defenders Association’s Service of Justice Award recognizes individuals or organizations that have provided outstanding support to public defense and to the Association.

The Wilfred R. O’Connor Award was established by the New York State Defenders Association Board of Directors to remember its former, long-time President and honor his sustained commitment to the client-centered representation of the poor.

The Kevin M. Andersen Memorial Award was established by the Genesee County Public Defender Office to remember and honor the dedication to the public defense system and compassion for clients demonstrated by Kevin M. Anderson, who worked in that office at the time of his death in 2004.

The Association elected members to its Board of Directors at the annual membership meeting on Monday, July 21. Newly-elected directors are Karen L. Murtagh-Monks, Executive Director of Prisoners’ Legal Services of New York, and David C. Schopp, Executive Attorney of the Legal Aid Bureau of Buffalo. Reelected to the Board were Gaspar M. Castillo, Jr., a private practitioner in Albany; David L. Lewis, a partner in the law firm of Lewis & Fiore in New York City; Robert D. Lonski, Administrator of the Erie County Bar Association Aid to Indigent Prisoners Society; Edward J. Nowak, long time Monroe County Public Defender who retired from that position in 2007; Richard A. “Otto” Rothermel, Public Defender of Otsego County; and Magdalena Hale Spencer, a law student at Cornell University.

The Board then elected officers for the year. Officers elected are President, Edward J. Nowak; Vice Presidents, Norman Shapiro, private attorney in Middletown, New York, Norman Effman, Executive Director, Attica Legal Aid Society, and Wyoming County Public Defender, and Marsha Weissman, Executive Director of the Center for Community Alternatives in Syracuse and New York City; Secretary, Merble H. Reagon, Executive Director of the Women’s Center for Education and Career Advancement in New York City; and Treasurer, John H. Ciulla, Jr., Saratoga County Public Defender.