Defending Sex Cases Seminar • Valley River Inn, Eugene
Friday, March 14, 1:00–5:15 p.m., with reception to follow, 5:30–7:00 p.m.
Saturday, March 15, 8:30 to 11:45 a.m.Featured Speakers and Topics
• “Memory Contamination: How to Spot it in Child Sex Cases, and More,” Cara Laney, PhD, Professor of Psychology, The College of Idaho | Read More
• “Standing Up to Prosecutorial Misconduct,” Kali Montague, Chief Deputy Public Defender, Oregon Public Defense Commission Appellate Division
• “Making the Most of Your Memory Expert,” Kelsey Jones, Metropolitan Public Defender, Portland
• “Keeping Out Child Abuse Hearsay,” Ryan Scott, Portland
• “Ethical Obligations When Your Former Client Seeks PCR,” Jason Weber, Portland Ethics Credit pending
• “Other Bad Acts,” Dave Ferry, Oregon Public Defense Commission Appellate Division, SalemFriday, March 14Moderated by Rosalind Manson Lee, Eugene12:00p Registration/Check In1:00 Standing Up to Prosecutorial MisconductKali Montague, Chief Deputy Public Defender, OPDC Appellate Division
Kali will guide us through the thrilling and perilous world of prosecutorial misconduct that typically occurs during closing argument, and she’ll highlight key appellate decisions to inform when and how to object to the state’s theatrics. She’ll cover everything from “facts not in evidence” to prosecutors’ time-honored impulse to vouch for victims and other state witnesses. She’ll explain how to turn the DDA’s mistakes that result in victories at trial into reversals on appeal. It's a presentation that should not be missed!
2:00 Keeping Out Child Abuse Hearsay
Ryan Scott, Portland
In sex cases, the child abuse hearsay exception has been the state's excuse for offering not just the initial disclosure and the forensic interview, but also the complaining witness's grand jury and prior trial testimony. What are the arguments for drawing a line? Can you use these arguments for keeping out the forensic interview? What is the unfair prejudice when the jury hears the same story six or seven times? And most of all, what is the one thing you should always do, something which is both incredibly easy and painfully difficult? Of course, since this is a Ryan presentation, you know it will stray to other relevant topics, including getting the court to admit examples of your client's good character and the best way to limit the detective's statements during the interrogation of your client.
3:00 Break/Door Prizes 3:15 Ethical Obligations When Your Former Client Seeks PCR | ethics credit pendingJason Weber, Portland
Unfortunately, representing clients charged with serious sex offenses means that it is only a matter of time before a post-conviction claim is brought against you. That is because these cases often result in long sentences and the longer the sentence the more likely a post-conviction petition will be filed. This presentation will help prepare you for that process. Jason will try to answer many common questions that arise like: Can I turn over my client’s entire file to the Oregon Department of Justice (DOJ) when a client files a post-conviction claim against me? Has my client waived privilege in whole or in part by filing a petition? Should I speak with my client’s post-conviction counsel about what happened? Should I sign a declaration prepared for me by DOJ? Does DOJ represent my interests?
4:15 Litigating a Motion to SeverSara Werboff, OPDC Appellate Division5:15 Adjourn for the day5:30 Reception | Light hors d'oeuvres and no-host bar with spectacular views overlooking the beautiful Willamette River. Unwind with colleagues and recharge!Saturday, March 157:45a Hot Breakfast (included) 8:30 Memory Contamination: How to Spot It in Child Sex Cases, and MoreCara Laney, PhD, Professor Psychology, College of Idaho
Cara Laney is a memory expert and psychology professor who will discuss the reconstructive nature of memory, as well as a variety of red flags for spotting possible memory contamination, including problematic forensic interview techniques, therapeutic practices, coaching, and memory contagion.
9:30 Break/Door Prizes9:45 Making the Most of Your Memory Expert Kelsey Jones, Metropolitan Public Defender, Portland
This presentation will focus on the benefits of pre-trial and trial use of memory experts in all kinds of criminal cases, but with a focus on child-sex cases. We will discuss how a memory expert can help advance your defense theory, the benefits of using an expert for consultation versus trial testimony, and how to anticipate DA objections and areas of cross-examination.
10:45 Scruting the Inscrutable: How to avoid being sliced by the cutting edge of Prior Acts Evidence lawDavid Ferry, OPDC Appellate Division, Salem
Successfully defending a sex crimes case may depend on exclusion of highly prejudicial evidence and allegations of your client’s prior misconduct. But the law covering the admissibility of such evidence appears to shift with every appellate case issued. This presentation is designed not only to bring you up to date on the current state of prior acts evidence law, but also to give you some educated guesses about where it might be going in hopes of arming you with the best arguments for keeping it out.
11:45 Adjourn