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Minutes for HB2544 - Committee on Judiciary
Short Title
Requiring prosecutors to disclose their intent to introduce testimony from a jailhouse witness and to forward information to the Kansas bureau of investigation.
Minutes Content for Thu, Feb 6, 2020
Natalie Scott provided an overview for HB2544. Ms. Scott stood for questions. (Attachment 4)
Elizabeth Patton testified in support of the bill. Ms. Patton stated the bill would bolster essential due process protection in our criminal justice system. All conferees will stand for questions after all proponents have testified. (Attachment 5)
Clayton Perkins testified in support of the bill. Mr Perkins told the membership detail on a case where he represented a client on appeal that would have benefited from this law. The jailhouse informant had his sentenced reduced substantially because he provided testimony that would have been available by reading the newspaper. This same jailhouse informant was testifying that he "heard" things from other inmates as well. Mr. Perkins stated the HB2544 would help Kansas' criminal justice system by bringing "sunlight" to this reality. (Attachment 6)
Michelle Feldman testified in support of the bill. Ms Feldman stated the bill would improve transparency and efficiency in the justice system. This bill would benefit all sides of the criminal justice system and hoped the membership will support it. (Attachment 7)
Lamonte McIntyre testified in support of the bill. Mr McIntyre, after spending decades in prison, he explained he has witnessed first hand what goes on in the prison population. He testified that inmates do not talk about their crimes to other inmates in jail or prison. Everyone knows that what you say about your case to other inmates can be used against them. Mr. McIntyre was not available for questions at the time when they were asked. (Attachment 8)
Floyd Bledsoe testified in support of the bill. Mr. Bledsoe, speaking from his personal experience, stated there needs to be more transparency and oversight when jailhouse witnesses are used. He believes a judge understands how jailhouse witness deals actually work and should be able to screen out the most unreliable testimony. Prosecutors and defense attorneys should have the full background on jailhouse witnesses before they contaminate a case. (Attachment 9)
Rev. Dr. Bobby L. Love Sr. testified in support of the bill. Rev. Love stated this bill is common-sense reform which can benefit all Kansans by ensuring the use of jailhouse witnesses is done responsibly and ethically. (Attachment 10)
Alice Craig testified in support of the bill. Ms Craig stated the credibility of jail house witness is always an issue because the witness is motivated by self-interest and the desire to receive a benefit, generally a reduced sentence for providing the information. She believes this bill will benefit both attorneys, defense and prosecution. She explained the system is needed to allow both attorney's to check on jailhouse testimony. (Attachment 11)
Marcus Winn, representing his organization, testified in support of the bill. Mr. Winn said being here today is because he and his organization believe their faith calls them to pursue liberty and justice for all, and they believe that the passage of this bill will bring them closer to that vision. (Attachment 12)
Tricia Bushnell testified in support of the bill. Ms Bushnell stated a system of transparency will empower prosecutors to expose jailhouse witnesses that have previously benefited from providing jailhouse testimony. It can be done by keeping that type of information available on an excel spreadsheet. It will be another step in preventing wrongful convictions.(Attachment 13)
All those testifying still in the room stood for questions from the membership.
Proponent Written
Sara E. Rust-Martin, Director of Legal and Policy, Kansas Coalition Against Sexual & Domestic Violence (Attachment 14)
Chairperson Patton directed the membership to refer to the written proponent testimony proved in their bill folder.
Shawn Minihan testified as an opponent for the bill. Mr Minihan explained he had experience in both the prosecuting and defending cases. He feel there is already a Kansas statue that addresses this situation. He also feels that reports of keeping track of this information on a spreadsheet is unrealistic. He feels there would be considerable expense involved in creating a database to keep track of information on jailhouse witnesses. (Attachment 15)
Chairperson Patton closed the hearing on HB2544.
