News & Events

Ohio murdered another man today.  Michael Beuke was executed this morning.  Unlike the execution of Darryl Durr on April 20, 2010, there was a smattering of press coverage of today's act of barbarism.  Ohio is in a position to out-kill Texas this year (who says you can't mess with Texas?)!  That puts the Buckeye State right up there with bastions of modern thought like Iran, China and North Korea.

So I say to all of you, Ohio killed my client today.  And unless something is done about it, Ohio will become synonymous with tales of the evils modern America casts upon its own citizens.  We, as a society, debase ourselves when we submit to our primal rage and repay death with more death.  Ohioan who believe murder in all its forms is wrong must step up and contact their representatives.  Tell elected officials the death penalty is wrong.  Ask them to end the killing.

Not really my client, but that was the Subject of the email posted below.  The email brought me to tears.  The State of Ohio executed another human being today and it isn't even a story anymore.  As a member of the defense bar, I will make sure to tell as many persons as I can, "Ohio Killed a Man Today."  I hope you do the same.

The State of Ohio killed my client today, his name was Darryl Durr.    This was not the first time I have had a client executed, and probably will not be the last.  I guess what was so bothersome about today, is that it does not seem to be a big deal anymore, it comes around once a month in Ohio, kind of like the full moon, and no one pays attention.  When I am at my office in NM instead of here, the only way I know there is an execution is if I put it on the calendar. 

 

It used to be that we, as defense attorneys would at least be reminded by our colleagues on the listserves that another Ohio death row inmate was executed, but not even a mention anymore.  If it had not been my client, I would not have know.  Let us do whatever we can to keep these executions from coming common place, even if Ohio is trying to make it that way.  I ask you to at least say to one other person today, “Ohio Killed another one today”.  Maybe it will make that person think about it.  Ohio is becoming like Texas, and it greatly saddens me.

 

My thanks to all the colleagues that have sent notes of encouragement to me today.  It was appreciated. 

 

I will share one thing about this case, and that is that I was overwhelmed with the support I got from lawyers “who did not have a dog in the fight”  ACLU lawyers Carrie Davis and James Hardiman with the help of Jeff Gamso picked up Darryl’s DNA challenge and ran with it.  There was some good lawyering going on there, with no benefit for themselves, just a belief that what happened to Darryl was wrong.

 

And as a private practitioner doing this work- -it is hard.  But the Federal PD CHU —Carol Wright, David Stebbins and Allen Bohnert and paralegal Shannon gave me great assistance and support over this last week.  And Kim Rigby from the State PD also jumped in and ran with Darryl’s DNA litigation over the last nine months.  It was greatly appreciated by Darryl and me.

 

So I say to you, my defense colleagues—Ohio killed another one today, it was my client, and his name was Darryl Durr.

 

Kate McGarry*

McGarry Law Office

On Friday, Tiger Woods ran his Escalade into a tree.  He was taken to the hospital and, likely because he is a celebrity, the police left him alone while he was there.  When they finally came to interrogate him, he had his wits about him and told them he wanted to talk to his lawyer first.  He then issued an official statement on his terms.  Woods admits fault, but for no thing in particular.  None of his, "admissions" can be nailed down to any particular action or mistake the he had made.  The statement allows for deniability.  Without the assistance of counsel, Tiger Woods would have been interrogated by law enforcement and, without a doubt, would have made damning statements.  At the very least, he would have admitted to failure to control or Florida's equivalent.  As it is, he has, by his reasoned statement, avoided even that admission.  He is a shining example of why no person should speak with law enforcement without first speaking with an attorney.

Notwithstanding the fact that the vast majority of sexual assaults are committed by close friends and family of the victims, the federal government found it appropriate to pass one of the most Draconian pieces of legislation known to this Nation in the Adam Walsh Act.  Among its prohibitions are the disclosure of personal identifiers such as email addresses and internet screennames, the location where autos are parked at night and registration on a quartly basis for many offenders.  How any of that information will prevent future assaults escapes me.  If a perpetrator intends to commit a sexual crime, he or she will find a way to do so.  There is no evidence that the restrictions on residency or the disclosure of these personal identifiers has prevented even one assault.  On the other hand, it is certain to give short-sighted, unforgiving people plenty of ability to harass and assault the people on the list.

Today, the Ohio Supreme Court heard oral arguments on four cases challenging the Constitutionality of that law.  You can watch the oral arguments here and read the briefs here, here, here and here. 

It is at times like these I am reminded of this poem.  I, for one, will not sit by while the Government strips this nation of all it once stood for.