AALNC 2008 National Educational Conference
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105: Tearing Down the Gallows - The Troubling Case of the State of Delaware v. James Riley
Program Code:
105
Date:
Wednesday, April 9, 2008
Time:
2:00 PM to 4:00 PM
EST
SPEAKER
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Joseph A. Gabay, Esquire has been a member of the Delaware Bar for 24 years. He is also admitted to practice in the United States Supreme Court, Third Circuit Court of Appeals and District Court of Delaware. He is a past chair of the Criminal Law Section and Fee Dispute Sections of the Delaware Bar Association. Mr. Gabay has handled over 50 capital cases in state and federal court. He has regularly appeared as a guest lecturer at Widener Law School and the University of Delaware. He teaches classes in both Evidence and Mental Health in the Law at Wilmington College where he also serves as General Counsel. In addition to speaking at various criminal seminars he has spoken on professional courtesy in the courtroom by both lawyers and judges and the ethics of practicing law. Mr. Gabay has represented numerous Fortune 500 companies in the complex world of toxic tort litigation. He has also taught several classes and seminars for Delaware Police agencies and successfully defended the Dover Police Department in several cases alleging civil rights violations. He considers the result of the Riley case to be one of the highlights of his legal career.
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Description
Learning Objectives:
1. Explain the importance of a global review of a defendant's life and history in preparing a mitigation case.
2. Discuss the importance of changing mental status and the "aging out" phenomena.
James Riley was first condemned to death during the early 1980s when racial tensions in Dover were common. At the time, Delaware's sole method of execution was by hanging. After years of unsuccessful appeals and a landmark ruling by the Supreme Court, Mr. Riley won a new trial when the court ruled that the prosecution had improperly excluded African-Americans from the jury. During the second trial, Mr. Riley represented himself with assistance of stand-by counsel. He was acquitted of intentional murder but still faced the death penalty for felony-murder. Mr. Riley's counsel, with the assistance of a forensic psychologist, was able to spare his client a death sentence by a thorough review of more than 30 boxes of investigative materials and 25 years of prison records demonstrating his client's changing mental health status and the phenomena of "aging out."
Mr. Gabay will explain the importance of a global review of a defendant's life and history in preparing a mitigation case and explain how "bad" evidence may actually be good for the client. Additionally, he will discuss the effects of culture on a criminal trial and participants will learn the importance of changing mental status and the "aging out" phenomenon.