Friday, May 19, 2023
The Derryfield Country Club
625 Mammoth Road, Manchester, NH 03104
Registration begins at 8 a.m. CLE starts at 8:30 am
6 Hours of CLE Credit is anticipated by the sponsor with 1 hour + of ethics
Register HERE online or print this form and mail it in with a check.
Speakers and Topics:
Ted Lothstein and Scot Wilson – Mitigation Evidence in Sexual Assault Cases
Julian Jefferson – All Proofs Favorable
Shannon Bader – Psychological Evaluations: Navigating the Difficult Aspects of an Expert Opinion
Nick Brodich - Justification Defenses: Notices, Jury Instructions, and Issues with Evidence
Tim Zerillo - Beating A Stacked Deck: Attacking Electronic Evidence In Digital Searches
Ethics panel on competency, pleas and sentencing with Gary Apfel, Len Harden, Laura Wilson and David Rothstein
(Page down for more details on topics and speakers!)
Logistics:
NHACDL is offering two ways to attend this CLE. You may take part live via Zoom – but NO recording will be available (per long-term policy). Or you can attend in-person. For in-person attendees, we will have a continental breakfast and lunch. Zoom attendees do not have to pay for food.
This CLE is open to defense and civil practitioners only. The cost includes written materials via email. Materials are available on a flash drive for $10 for people who are attending in person. Flash drives will not be mailed. Again, the ZOOM option is live only. No recording will be made.
Register HERE online or print this form and mail it in with a check.
More details on speakers and topics:
Tim Zerillo - Beating A Stacked Deck: Attacking Electronic Evidence In Digital Searches
Many excellent lawyers see the digital discovery in their case and give up before they begin. They assume that because they are not technologically sophisticated, or because the technology must be right, that they can never succeed in attacking the digital evidence. This talk discusses strategies for how to think about digital evidence cases, how to attack them in pretrial stages and to turn the tables on the government. Timothy is the founder of Zerillo Law Firm, LLC, in Portland, Maine. He handles federal and state criminal defense and complex civil litigation. Tim serves on the Board of Directors of the National Association of Criminal Defense Lawyers, where he is Co-Chair of the Membership Committee, Vice-Chair of the annual Defending Modern Drug Cases seminar and a Member of the Criminalization of Voting Rights Committee. He is a Past President of the Maine Association of Criminal Defense Lawyers, where he Chairs the MACDL Continuing Legal Education Committee. He is a recipient of MACDL’s President’s Award. Tim is the author of the book “Defending Specific Crimes,” and has been published in NACDL’s “The Champion." He has been elected to the Best Lawyers in America in the category of White Collar Criminal Defense, and New England Super Lawyers for the years 2010-2019. For more on Tim, please visit www.ZerilloLaw.com or @timzerillo.
Julian Jefferson - All Proofs Favorable
This training will explore our unique constitutional right to “all proofs favorable” and how it has been treated by the Court over the years. The goal of the training is to empower criminal defense attorneys to zealously advocate for the full force and effect of this amendment at the pre-trial discovery stage and when seeking the introduction of favorable evidence at trial. Julian is a visiting professor at the University of New Hampshire School of Law. He joined the faculty after 11 years at the New Hampshire Public Defender. He has received the Robert E. Kirby Award for excellent advocacy from the NH Bar Association and the Champions of Justice Award from the NHACDL. Julian is a graduate of Cambridge College and UNH School of Law.
Ted Lothstein and Scot Wilson – Mitigation Evidence in Sexual Assault Cases
Mental health and development concerns can bring quite a few mitigating factors into a case. Finding a clinician that will present those concerns in a way that is informed and measured is necessary to ensure those concerns are considered. Ted and Scot will address the ways a clinician should be assessing a client, the possible evaluations that can be administered and how to evaluate the quality of an assessing clinician. Scot Wilson, LCMHC, has been in the human services field since 2006 and began practicing therapy in 2015. He is part of the Enso Counseling Group in Concord. Ted Lothstein earned his A.B. from Duke University in 1989, then a J.D. from the University of Connecticut School of Law in 1993, graduating with honors Summa Cum Laude. Subsequently, he clerked for Associate Justice Robert Berdon, of the Connecticut Supreme Court, 1993-94. He went on to work as trial attorney, litigation support attorney, and assistant appellate defender at the New Hampshire Public Defender. In 2008, he opened his solo practice, Lothstein Law Office, PLLC focusing on DWI defense, criminal litigation and appeals. In 2013, Ted joined with Attorney Richard Guerriero to launch Lothstein Guerriero, PLLC, with offices in Concord and Keene, a firm focusing on criminal defense, post-conviction work and appellate litigation in state and federal court.
Nick Brodich - Justification Defenses: Notices, Jury Instructions, and Issues with Evidence
Requiring the State to prove beyond a reasonable doubt that your client’s actions were not justified is a powerful tool. However, there are traps for the unwary and often little guidance from the caselaw. This goal of this section is to help you navigate these issues and maximize the chances of having your jury be instructed that even if the State has proven all elements of the offense, the only way they can go on to convict your client is if the State has also conclusively disproven that your client’s actions were justified. Nick was admitted to the New Hampshire Bar and the U.S. District Court, District of New Hampshire in 1988. Nick began his legal career with the New Hampshire Public Defender in the fall of 1988 and remained there for 6 years before going into private practice. He has been with Tarbell & Brodich, PA, in Concord, since 2007. His current practice consists of criminal defense matters, motor vehicle, administrative law and domestic violence proceedings. He is also regularly involved with probation and parole hearings.
Dr. Shannon Bader - Psychological Evaluations: Navigating the Difficult Aspects of an Expert Opinion
This segment will provide tips to locate and vet the best expert for your particular case, advise on ways to manage when malingering is reported, and discuss tactics when a mental health disorder impacts the legal case. Dr. Bader graduated from Vanderbilt University and spent a service year with the Jesuit Volunteer Corps before earning her doctorate in clinical psychology at the University of Nebraska-Lincoln. She completed her internship and fellowship at Patton State Hospital in Southern California publishing articles about risk assessment and sexual violence. Dr. Bader stayed at Patton State Hospital as a unit psychologist, then the forensic evaluation department before becoming a founding member of the state hospitals’ Analytics and Research Team. As part of this team, she published five peer-reviewed articles related to institutional violence prevention and help shape the use of risk assessment at the five state hospitals. She re-located to New Hampshire in 2015, the first psychologist to serve as the state's chief of forensic evaluations. In addition to forensic evaluations, she participated in SAMHSA's community of practice for improving competency restoration and provided training to attorneys, judges, mental health centers, and law enforcement. In 2023, Dr. Bader joined Policy Research Associates as a senior project associate and also opened a private practice for forensic evaluations in New Hampshire and Vermont. Dr. Bader is currently the President of the American Academy of Forensic Psychology and is focused on expanding involvement among fellows in Academy business and programs.
Gary Apfel, Len Harden, David Rothstein and Laura Wilson - An Ethics Panel on Competency, Pleas and Sentencing
This panel on ethics is related to the fundamental principles surrounding competence to stand trial and how things happen in the real world. Laura Wilson, Gary Apfel, David Rothstein and Len Harden will focus on the pragmatic interactions between clients, courts and opposing counsel. This will be a wide-ranging discussion on competence, pleas and sentencing issues, both real and hypothetical. The goal is to explore the rules of professional conduct to prepare for what happens in court when dealing with the lawyer's duties to the client, the court and treatment issues. Gary is a former public defender and appellate defender and practices in NH and VT with the firm of Simpson and Mulligan. He is a graduate of Dartmouth College and the University of Connecticut School of Law. Len has been the go-to guy in the North Country for more than 30 years. He has offices in Coos and Grafton Counties. David was a public defender and appellate defender for 33 years before starting his privat practice in Exeter. David is the past chair of the Professional Conduct Committee, a fellow of the American Academy of Appellate Lawyers, and on the faculty of the National Criminal Defense College. He was awarded NHACDL's Champion of Justice in 2009. Laura earned her undergraduate degree from Yale University, and then went on to complete Vermont’s unique 4-year Law Office Clerkship. She currently practices in NH and VT with Young & Wilson.