gditor - Voice For The Defense Online

people destined for death row or alreadythere. These are lawyers for whom winningis everything. If they lose a trial oran appeal, not only do they lose face inthe close-knlt, competitive world of criminaldefense, they may lose a client. Andthere's always the danger of earning yearsof notoriety as an attorney whose clientwas executed.Couple that with heated criticism fromproponents of the death penalty whothink defense lawyers are deliberately obstructingspeedy justice. Throw in thefact that most of these lawyers have notbeen hired but are court-appointed orinto his face. Police said a man namedRicky Eugene Morrow walked into thebank, pomted a gun at Mark Frazier andfired.The murder sent shock waves througha city proud of pomting to people whomigrate here and become overnight successes.The 26-year-old Frazier had cometo Dallas from Boston and landed his jobwithin three days of arriving. He was outgoing,popular and described by hismother as a "go-getter."Three years before that incident, therehad been another, equally grim billing inDallas, another assault on the Dallasing ordeal for the defendants' lawyers.Anderson, who represented Nolan andhelped Morrow's attorneys, Bill Brattonand Ron Goranson, recalls some of themost troubling events in his life: unannouncedvisits to Frazier's relatives (inMassachusetts) and Vickers'(i Lubbock).Each time, he went to inform the familyexactly what the death penalty meant.In deciding what penalty to seek, attorneyssay the Dallas County DistrictAttorney's office may weigh the feelin@of a victim's famly. Knowing that,Anderson considers it crucial-albeit painful-tovisit those families. He too wantsvolunteew-and that death row cases, if success story.to gauge their feelings and make thema lawyer gives his full attention, will Beverly Sue Vickers, 37, one of the aware of his duties m a case. By touchingturn into losing financial affairs. Add the most proficient of Mary Kay Ash's sales- base with them early on, he hopes tointense stress that emerges from philo- women, had lost her pink CadiUac at the ward off a death sentence later.sophtcal differences between the lawyer Town East Mall in Mesquite. Police said Anderson's visits were gut-wrenchingand members of his family, his church, two men offered to help the personable experiences. "We got pretty much whathis firm, his neighborhood.woman fmd her car. Instead, they took you would probably say if you had some-The end result is that some attorneys her to Lake Ray Hubbard. She was raped. one close to you killed and their (the desimplyshatter under the pressure: Stories The men attempted to strangle her by fendant's) attorney showed up," saysabound about nervous breakdowns, severe hand. When that failed, they killed her by Anderson, who also aided lawyers repreweightlosses and drinkmg bouts. A Hous- stringing her between two trees. Police senting Charlie Brooks, executed for murtonattorney who worked on the cele- arrested two men-James Edward Nolan der two years ago, as well as those reprebratedcase of Ronald Clark "Candy Man" and another man who later committed senting "Candy Man" O'Bryan. "I'm notO'Bryan, executed this year for giving his suicide in jail.exactly a real aggressive individual, exceptchild cyanide-laced candy, has frightful, At first glance, there was little to link when I have to be. I'm fmly low-key. Butrecurring nightmares. That same attorney, the two murders-except for the instinc- they (prosecutors) never offered anythingStanley Schneider, says a friend who rep- tive and collective revulsion that spread but death as an alternative. We had toresented James David Antry-executed through Dallas in each case. The cases make the visit."for committing murder at a Port Arthur were prominently covered in the media. He had to do something else-he hadconvenience store-had to be hospitalized Several interviews with horrified relatives to weigh how much he wanted to beafter Autry's death.and co-workers were published and broad- involved in both cases. He didn't have toFew death row lawyers talk freelyabout the stress, but they are acutelyaware they are playing for keeps. Threepeople have been executed in Texas sincecast.The community loathing spread toDistrict Attorney Henry Wade's officeanoffice whose prosecutors have a namakethose trips. And, in fact, he andthe other attorneys could have tumeddown their court appointments to thecases. But Anderson took the appointthedeathpenalty was reintroduced almost tional reputation for being extraordinarily ment-with the realization that the triala decade ago; of the 1,400 prisoners on selective when it comes to seeking the could mushroom into a string of lengthydeath row in the US., 175 are scheduled death penalty. "Our policy differs from appeals.to die by lethal injection in Texas. Only other district attorney offices in other "It took nine months before theFlorida, with close to 200, has a greater parts of the state," says Norm Kinne, income curve in my law practice was backnumber on death row.Dallas' chief felony prosecutor. "We to where it had been before the (Nolan)And basically, no lawyers want to rep- don't actively try a case for death unless case," he says. Other death penalty lawresentthe "next loser,v or be put in a that's what we expect to get. A life sen- yers say the same thing: Financially, it'sposition very few people ever encounter: tence for us in a capital murder case is a not only a matter of devoting months to'Criminal defense lawyers rarely get Idss."one case; it's also a matter of spendingthe chance to play God with theirclients," Wade's prosecutors didn't want a loss thousands of dollars of one's own moneysays Anderson. "It's pretty heavy." in the Frazier and Vickers murders; they for travel, investigation, secretarial worksoughtto convince juries that Morrow and visits to unfriendly relatives.0and Nolan were no longer fit to live. Anderson hasn't completed his costN A JANUARY DAY three years That decision thrust each case firmly tally, but one ofhispeers, Cliff "Scrappy"ago, a young loan officer at First hack into the spotlight. But lost in the Holmes, a veteran death row attorneyTexas Savings on Berkshire Lane miles of publicity surrounding the cases from Longview, says, "The minute youwas killed by a bullet fired at close range was the fact that they became a harrow- are appointed @y a judge to represent a6 VOICEfor the DefensefNovember 1984