[Letter from Michael Garbarino to Alan Levi, February 13, 1995] Page: 3 of 34
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P 02
FACT SUEET 01 -- CALVIZ BURDYZ$ (Joe Cannon)
Calvin Burdine was represented at trial by Joe Frank Cannon,
a Houston criminal defense lawyer who represented at least ton
men sent to Texas' death row from Harris county at their trials
during the last two decades. One of Cannon's clients is Calvin
Burdine, who is facing an execution date of February 28, 1995.
Burdine's current lawyers including the Texas Resource center
and the A.C.L.U. of Texas -- are challenging his capital murder
conviction and death sentence on the ground that cannon provided
woefully inadequate legal representation at trial.
The quality of Cannon's representation of capital defendants
at trial has been widely criticized. In September of 1994, the
Wall Street Journal published an article discussing many of the
allegations of Cannon's ineffectiveness -- including a total lack
of preparation for trial, an open willingness to try cases "as
fast a greased lightning," and generally miserable performances
at trial.
The leading allegation of ineffectiveness in Burdine's case
concerns Cannon's repeated pattern of sleeping during trial.
This allegation is supported by affidavits from three members of
Burdine's jury and the clerk of the trial court, who each
witnessed Joe Cannon's repeated sleeping.
As the Wall Street Journal noted, another Harris county
death row inmate, Carl Johnson, has offered an affidavit from
Houston criminal defense lawyer Philip Scardino, in which he
accused Cannon of falling asleep during Johnson'. trial.
urdine's lawyers are also challenging cannon's conduct in
many other ways. According to Cannon's own admission, he did not
interview a single prospective witness in his preparation for
trial, even though there were numerous available potential
witnesses who could have significantly helped in the defense of
the case. Cannon's trial file contained only four handwritten
pages of notes -- which, Burdine's lawyers argue, is strong
evidence of Cannon's lack or preparation at trial.
burdine's lawyers are also challenging cannon's
representation on the ground that his negative view of
homosexuals prevented him from effectively representing Burdine,
who is an open homosexual. During a 19W3 court hearing and in an
affidavit on file with the trial court, Cannon referred to
homosexuals as "queer." and "fairies." cannon's homophobia, it
is contended, prevented him from objecting to the prosecutor's
obvious bias against homosexuals. During closing arguments at
the sentencing phase or trial, the prosecutor argued to jurors
that;
Sending a homosexual to the penitentiary certainly
isn't a very bad punishment tor a homosexua., and that
what's he's asking you to do.FEB-13-1995 14:32
P. 02
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Garbarino, Michael. [Letter from Michael Garbarino to Alan Levi, February 13, 1995], letter, February 13, 1995; (https://texashistory.unt.edu/ark:/67531/metadc1457494/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.