CCBA Welcomes Judge Gonzales

Guantanamo & Kenya Enthrall
American Inns of Court Members
KURT RYLANDER
Hearsay Editor-In-Chief
At the invitation of Chief Judge Barbara Johnson, Chris and Jan
Kitchel gave a presentation to an enthralled group of attorneys
at the April 25, 2012 meeting of the American Inns of Court
regarding their respective experiences representing individuals
in Kenya and Guantanamo
Chris Kitchel used a three (3) month sabbatical
to explore and study the Kenyan
criminal justice system as part of the
Lawyers Without Borders program in 2011.
The Kenyan criminal justice system is like
nothing we expect or experience in the
United States. Corruption is rampant
and the standard of the day.
Trials are not by jury. In fact, there
are no trials. Evidence is not
required to put someone in custody,
or in fact to keep them in
prison for long periods of time.
The police are the prosecutors,
and the accused is not entitled to a
defense or a defense attorney.
Jan Kitchel volunteered to represent an individual incarcerated
in the U.S. Military Prison, Guantanamo Bay, Cuba, on a habeas
corpus petition. The detainee speaks only Arabic and French.
Because Jan’s daughter speaks French, he coopted her college
term for assistance in communicating with
his client. Of the numerous habeas corpus
petitions filed for all the detainees, approximately
30% were granted by the United
States District Court for the District of
Columbia. However, all petitions granted
were reversed by the United States Court of
Appeals for the District of Columbia Circuit.
Jan represented that in essence, the
detainees are not going anywhere until the Federal Government
decides to release them. And even if the Federal Government
decides to release them, they can’t be released unless a foreign
country agrees to accept them, and not torture them. Largely,
this means European white detainees have gone home. Middle
Eastern and African detainees remain at Guantanamo, even after
being cleared for administrative release. The trials that have
occurred so far at Guantanamo bear no resemblance to the U.S.
criminal justice system: the rules of evidence don’t apply, there
is no Miranda, there is no evidence exclusion, there is no right to
be faced by the accusers, etc.
The George & Donald Simpson American Inns of Court meets
every third Wednesday typically in the conference room of Little
Italy, Downtown Vancouver. The American Inns of Court is an
organization of attorneys created for the purpose of improving
the skills, professionalism, and ethics of the bench and bar.
HEARSAY ADVERTISERS WANTED!
CCBA is looking for reliable Attorney Support Services who want affordable,
targeted advertising in upcoming issues of Hearsay. If you have reliable and trustworthy
service providers that can benefit our audience, please refer them to Lisa Darco
for pricing and availability today!
EXPERT WITNESS & CONSULTANTS • BAIL BONDS • COURT DISPLAYS
PARALEGAL • MARKETING • FINANCIAL SERVICES, ETC.
22 CLARK COUNTY BAR ASSOCIATION