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Fight against the death penalty

News | January 16, 2017

Editor’s note: All St. Paul Reads is encouragement for all to read and talk about a single book. In 2017, the event will take place on Thursday,  February 9, 6-8 p.m., with dinner and discussion about Just Mercy: A story of justice and redemption by Bryan Stevenson. St. Paul member Tami Mahl will share her experience working on a death penalty case early in her legal career. Just Mercy is available for purchase for $10 in the St. Paul Book Corner. Sign up online or outside the Book Corner.

 

The first time Tamara Byram (Mahl) met John Sullivan, he brought a six-pack of Coca-Cola to share.

“I know you’ve had a long journey,” he told Tami and her colleagues. They had traveled from Minnesota to Louisiana, via a flight to New Orleans followed by a two-hour drive through Louisiana’s back roads. “I brought you some refreshments.”

The year was 1991. John was a death row inmate at Louisiana State Penitentiary at Angola, one of the most notorious institutions in the country. He had been brought in to a visitor’s room at the prison, feet shackled, convicted of murder and sentenced to death after a one-day trial nine years earlier.

Tami had been admitted to the bar only a few months.

“After the security screening (rifling through the papers in every folder in my briefcase, through my cosmetic case — even opening lipstick tubes and checking pens and pencils), we were escorted to the building housing the warden’s offices and death row,” Tami said. “The most unsettling part was that the guard had to use a key to open every door for us to enter, and upon crossing each threshold, the door would close and lock behind us. The sound of the doors locking in the silence is one that sticks with me to this day.”

Tami was one of a team of people – ultimately comprised of 12 lawyers, 20 summer associates, 3 legal assistants, and local counsel who worked more than 3,645 hours of pro bono (free of charge) hours over the course of more than eight years – to defend John on his appeal.

Their job? To go back and help the courts determine whether justice was served in the case of Louisiana v. Sullivan. Along the way, Tami was one of three attorneys who appeared on behalf of John in front of the U.S. Supreme Court – and won.


John Sullivan had been in jail since his arrest on April 14, 1980, on a charge of first-degree murder, according to documents from the American Bar Association. The case involved the death of a man during a robbery at the C-Note Lounge in New Orleans. In 1982, John went to trial and was convicted after a one-day trial. The next morning, the jury returned its recommendation that John be sentenced to death.

In the summer of 1989, the Minneapolis law firm that Tami subsequently joined, Dorsey & Whitney LLC, volunteered to take on John’s appeal.

A private investigator eventually uncovered witnesses and evidence untouched by John’s prior counsel. Significantly, the initial police report was discovered, revealing information the prosecution should have disclosed to John’s trial attorney.

In addition to uncovering evidence of John’s innocence and that pointed to another individual as having committed the crime, Dorsey lawyers also conducted an exhaustive review of John’s background. They interviewed John’s family members and were able to develop the record necessary to present what’s called “mitigation evidence,” which is introduced during the penalty phase of a capital case.

The defense team discovered substantial evidence that John’s appointed trial attorney had not pursued. “He had a horrendous childhood full of abuse,” Tami said.

Also, the team was able to obtain John’s records from prior federal incarcerations. They indicated that John was diagnosed as schizophrenic in 1968, a fact that also should have been revealed at the original trial in 1982.

They asked for a new trial. Ultimately, after a lengthy process, the courts upheld John’s conviction for murder but overturned his death sentence, due to his trial attorney’s lack of preparation for the penalty phase of the trial and failure to call any witnesses or introduce any mitigating evidence for the jury to consider.

John was sentenced to serve the rest of his life in prison.

In 1992, the defense team filed a petition with the U.S. Supreme Court, arguing that the instructions to the jury about the reasonable doubt standard were flawed in John’s case. The court agreed to hear the petition. Three lawyers could be present at the lead counsel table for the defense.

Tami was chosen to be one of those attorneys.

All of the attorneys with cases being argued that morning at the Supreme Court met in a large conference room. The room was filled with a “who’s who” of famous attorneys, Tami said. A clerk came in to talk about various “housekeeping” items. The attorneys were lined up and escorted into the courtroom.

“Our case was third to be argued, so we heard the cases ahead of ours and then it was our turn to quickly take our place at the front table,” Tami said. “Seated there during the arguments, we were only a few feet away from the justices – whose writings we had studied for years. It was simply electrifying.”

Ultimately, the U.S. Supreme Court ruled that John’s Sixth Amendment right to a jury trial was denied because of a deficient beyond-a-reasonable-doubt instruction to the jury. Since this standard is fundamental to a fair criminal trial, the Supreme Court overturned his conviction.

The state of Louisiana decided to retry the case. At his final trial in 1995, John was found guilty of second-degree murder and sentenced to life in prison, where he subsequently died. Still today, if it is determined that a jury is given an erroneous instruction regarding reasonable doubt, any conviction must be reversed.

During the years that Tami worked on the case, she had a second opportunity to visit John at Angola — for a “Death Row Appreciation Day.” For the first time, the warden had permitted each death row inmate to invite two of their advisors — either a lawyer or a pastor or spiritual advisor — for the event. Tami was one of the two attorneys John invited.

Over cookies and lemonade in a prison conference room, they talked and reminisced. Sister Helen Prejean, a vocal critic of the death penalty, was there. She spoke, as did the prison’s warden.

Tami, who now is the vice president of legal and compliance at UnityPoint Health Trinity, remains a skeptic of the death penalty. “Judges, juries, lawyers – we’re all human,” she said. “We have the best justice system in the world, but it’s not perfect.”

3 Comments on “Fight against the death penalty”

  • Jennifer Mahl

    September 13, 2018 at 11:36 pm

    Somehow I just now am reading this article and wow my mother is incredible.

  • John Gosma

    January 19, 2017 at 9:58 pm

    You had a great experience for a newly minted lawyer, Tami. I knew you had been with Dorsey but did not know about this case. Your comment about the doors being locked behind you as you proceeded into the prison resonated with me. It’s a very uncomfortable feeling, being deep inside a max security prison, with the client chained, and the guards carrying pistols and other weapons. I was once appointed by the US District Court to represent a felon in prison on a post conviction relief case. My client was a murderer but we weren’t fighting the death penalty. He wanted a new trial, which had virtually no chance of success. At that time I really had no support and I handled it by myself. We did not get to court, since my client snapped and started attacking me and my family with death threats. I finally contacted the federal judge who had appointed me, and he promptly excused me from the case. Very difficult work. Congratulations to you on your experience and the great result.

  • Carol Seitz

    January 19, 2017 at 5:49 pm

    What a wonderful accomplishment as a new lawyer! You are a very positive asset to the legal profession and what an example of how we should serve each other.

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Isaiah 53:4-12

4Surely our griefs He Himself bore,

And our sorrows He carried;

Yet we ourselves esteemed Him stricken,

Smitten of God, and afflicted.

5But He was pierced through for our transgressions,

He was crushed for our iniquities;

The chastening for our well-being fell upon Him,

And by His scourging we are healed.

6All of us like sheep have gone astray,

Each of us has turned to his own way;

But the LORD has caused the iniquity of us all

To fall on Him.

7He was oppressed and He was afflicted,

Yet He did not open His mouth;

Like a lamb that is led to slaughter,

And like a sheep that is silent before its shearers,

So He did not open His mouth.

8By oppression and judgment He was taken away;

And as for His generation, who considered

That He was cut off out of the land of the living

For the transgression of my people, to whom the stroke was due?

9His grave was assigned with wicked men,

Yet He was with a rich man in His death,

Because He had done no violence,

Nor was there any deceit in His mouth.

10But the LORD was pleased

To crush Him, putting Him to grief;

If He would render Himself as a guilt offering,

He will see His offspring,

He will prolong His days,

And the good pleasure of the LORD will prosper in His hand.

11As a result of the anguish of His soul,

He will see it and be satisfied;

By His knowledge the Righteous One,

My Servant, will justify the many,

As He will bear their iniquities.

12Therefore, I will allot Him a portion with the great,

And He will divide the booty with the strong;

Because He poured out Himself to death,

And was numbered with the transgressors;

Yet He Himself bore the sin of many,

And interceded for the transgressors.

Psalm 91:9-16

9For you have made the LORD, my refuge,

Even the Most High, your dwelling place.

10No evil will befall you,

Nor will any plague come near your tent.

11For He will give His angels charge concerning you,

To guard you in all your ways.

12They will bear you up in their hands,

That you do not strike your foot against a stone.

13You will tread upon the lion and cobra,

The young lion and the serpent you will trample down.

14“Because he has loved Me, therefore I will deliver him;

I will set him securely on high, because he has known My name.

15“He will call upon Me, and I will answer him;

I will be with him in trouble;

I will rescue him and honor him.

16“With a long life I will satisfy him

And let him see My salvation.”

Hebrews 5:1-10

The Perfect High Priest

1For every high priest taken from among men is appointed on behalf of men in things pertaining to God, in order to offer both gifts and sacrifices for sins;2he can deal gently with the ignorant and misguided, since he himself also is beset with weakness;3and because of it he is obligated to offer sacrifices for sins, as for the people, so also for himself.4And no one takes the honor to himself, but receives it when he is called by God, even as Aaron was.

5So also Christ did not glorify Himself so as to become a high priest, but He who said to Him,

“YOU ARE MY SON,

TODAY I HAVE BEGOTTEN YOU”;

6just as He says also in another passage,

“YOU ARE A PRIEST FOREVER

ACCORDING TOTHE ORDER OF MELCHIZEDEK.”

7In the days of His flesh, He offered up both prayers and supplications with loud crying and tears to the One able to save Him from death, and He was heard because of His piety.8Although He was a Son, He learned obedience from the things which He suffered.9And having been made perfect, He became to all those who obey Him the source of eternal salvation,10being designated by God as a high priest according to the order of Melchizedek.

Mark 10:35-45

35James and John, the two sons of Zebedee, *came up to Jesus, saying, “Teacher, we want You to do for us whatever we ask of You.”36And He said to them, “What do you want Me to do for you?”37They said to Him, “Grant that we may sit, one on Your right and one on Your left, in Your glory.”38But Jesus said to them, “You do not know what you are asking. Are you able to drink the cup that I drink, or to be baptized with the baptism with which I am baptized?”39They said to Him, “We are able.” And Jesus said to them, “The cup that I drink you shall drink; and you shall be baptized with the baptism with which I am baptized.40“But to sit on My right or on My left, this is not Mine to give; but it is for those for whom it has been prepared.”

41Hearing this, the ten began to feel indignant with James and John.42Calling them to Himself, Jesus *said to them, “You know that those who are recognized as rulers of the Gentiles lord it over them; and their great men exercise authority over them.43“But it is not this way among you, but whoever wishes to become great among you shall be your servant;44and whoever wishes to be first among you shall be slave of all.45“For even the Son of Man did not come to be served, but to serve, and to give His life a ransom for many.”

Bartimaeus Receives His Sight