Deathwork

Defending the Condemned

2002
Author:

Michael Mello
Foreword by Mark Olive

A gripping exposé of what lawyers face when they defend prisoners in capital cases.

Michael Mello, a capital public defender, tells us the stories behind the cases that make up Deathwork, a moment-by-moment, behind-the-scenes look at the life and work of a death row lawyer and his clients.

Controversial commentary on a controversial subject wrapped up in an interesting package.

M2 Best Books

Legal cases are stories, and some of the most compelling-and the most disturbing-are those that take place on death row: the innocent man executed, juveniles and the mentally ill condemned to die, a smoking electric chair, a napping defense attorney, a senile hit man. These are the stories in which Michael Mello, as a capital public defender, played a crucial role, and they are the cases that make up Deathwork, a moment-by-moment, behind-the-scenes look at the life and work of a death row lawyer and his clients.

Part memoir, part legal casebook, Deathwork offers a gritty, often anguishing picture of what Supreme Court Justice Harry Blackmun called the American legal "machinery of death." The stories Mello tells raise questions about legal issues-from prosecutorial misconduct to the racial inequities of sentencing, from the rules of evidence to the rights of the mentally ill-that here take on a life-and-death urgency. They describe in detail how constitutional issues are raised postconviction, and how those issues are adjudicated by the courts and in accordance with bizarre claims of objectivity. And they show, with a painful immediacy and authenticity, what it is like to live and work under an impending death sentence, the adrenaline rush of the stay or unexpected success, the inconsolable sadness upon the execution of the sick, the afflicted, the innocent.

As DNA reversals, last-minute confessions, and revelations of corruption are bringing capital punishment to the forefront of public debate nationwide, this firsthand account of the legalities and realities of the death penalty is as relevant as it is enthralling, as edifying as it is impossible to ignore.

Michael Mello is professor of law at the University of Vermont Law School. He is the author of The Wrong Man (Minnesota, 2001), Dead Wrong: A Death Row Lawyer Speaks Out against Capital Punishment (1999), and The United States of America versus Theodore John Kaczynski: Ethics, Power, and the Invention of the Unabomber (1999).

Controversial commentary on a controversial subject wrapped up in an interesting package.

M2 Best Books

Contents

Foreword Mark E. Olive
Author’s Note

Introduction: The Justice of Man

1. The Law’s Machinery of Death
2. Death Clerk
3. The Aging Hit Man: Anthony Antone
4. Executing the Insane: Alvin Ford
5. The Electric Chair: Bob Sullivan
6. Racism: James Adams and James Dupree Henry
7. Executing Juveniles: Paul Magill
8. The Poet: Stephen Todd Booker
9. The Landmark Case: Jim Hitchcock
10. My Roommate: Joseph Green Brown
11. The Innocent Man: Bennie Demps
12. Missing in Action: David Funchess
13. Poorhouse Justice: David Washington
14. Killed by a Legal Technicality: Ronald Straight

Conclusion

Index