For the Defense - Vol. 9, Issue 3 - 4

OPENING
STATEMENT
Wana Saadzoi, PACDL President
I
n a world filled with noise, the timeless wisdom of my
favorite poet, Jalal ad-Din Muhammad Rumi, a 13thcentury
Persian scholar and Sufi mystic, remains profoundly
relevant: " Raise your words, not your voice. It is rain that
grows flowers, not thunder. " Rumi's wisdom teaches that
a strong voice without substance is futile, but a composed
delivery with meaningful words can change minds. I have
always admired colleagues who have strong writing abilities,
as I believe they have the power to change the world with
their words. That's why I'm proud to share the recent
contributions of PACDL's Rules and Amicus Committees,
which have the potential to positively impact our legal
community and the lives of citizens in Pennsylvania.
The PACDL Rules Committee acted in July 2024 by drafting
a letter for PACDL's submission to the Pennsylvania Supreme
Court's Criminal Procedure Rules Committee on Criminal
Rules. The letter proposes valuable amendments to Pa.
Rule of Crim. Pro. 573 by advocating for the establishment
of an open-file discovery policy. The arguments outlined in
the letter are compelling: (1) Prosecutors may not have the
accurate judgment to discern what information is favorable
or material to the defense; (2) Open file discovery should
encompass more than just the prosecutor's file; and (3) Open
file discovery, unless waived, should occur prior to any plea
deals.
Crucially, PACDL's proposed amendments to Pa. Rule of
Crim. Pro. 573 requires disclosing the relationship, if any,
between the prosecution and any witness it intends to
call at trial, including any plea deals or inducements to
cooperate. The prosecution must also reveal the identity and
background of any jailhouse informants. These proposed
amendments are not just about disclosure; they are about
empowering defendants by providing them with the
necessary information to accurately evaluate credibility and
potential bias. This is a significant step towards ensuring
fairness and justice in our legal system.
The PACDL Rules Committee, under the leadership of
Committee Chairpersons Jordan Barnett, Esq. from the
Defender Association of Philadelphia, and Susan M. Lin,
Esq. from Kairys, Rudovsky, Messing, Feinberg & Lin LLP,
strenuously advocated for an open-file discovery process.
Former Committee Chairperson Ashley E. Shapiro, Esq.
from Stradley Ronon Stevens & Young, LLP, as well as other
members of the Committee, contributed significantly to
this effort. The Committee's collaborative effort exemplifies
PACDL's commitment to pursuing meaningful changes
within the legal community through the written word.
4 For The Defense l Vol. 9, Issue 3
Under the leadership of Chairperson Donna A. Walsh,
Esq. from Myers, Brier & Kelly, LLP, the Amicus Committee
has been collaborating with legal partners to draw
attention to the widespread use of unreliable technological
tools that exacerbate existing inequities. Recently, the
Committee joined the national and statewide Innocence
Projects' amicus efforts to challenge the Pittsburgh Police
Department's reliance on a ShotSpotter alert as the basis for
a stop, ultimately leading to an arrest for driving under the
influence of alcohol in Commonwealth v. Foster (12 WAP
2024).
The ShotSpotter system, developed by SoundThinking,
Inc., rapidly detects potential gunshots using microphones,
algorithms, and human reviewers to notify law enforcement.
The amicus brief argues that the ShotSpotter system is not
reliable enough to provide reasonable suspicion for a stop
without additional supporting evidence. Specifically, the
brief contends that SoundThinking has yet to establish
that ShotSpotter can accurately estimate the location of a
sound source in dense urban environments. The brief also
emphasizes the disproportionate use of ShotSpotter in
communities of color, which increases the risk of unjustified
police contact and could potentially result in wrongful
convictions. One of the most concerning points in the brief
is the disclosure that nearly 70% of individuals residing in
neighborhoods with at least one SoundThinking sensor are
either Black or Latine. Shedding light on the widespread
use of unreliable, biased, and unfair technological tools
that contribute to wrongful convictions and worsening
inequities is daunting. It's reassuring to know that PACDL
has some of the best minds and writers dedicated to taking
on this challenge.
If you are passionate about influencing positive change
through your words and seek an immersive experience,
PACDL invites you to join the Rules Committee, the Amicus
Committee or other PACDL committees and make a
difference in our legal community and the lives of citizens
in Pennsylvania. For additional information about these
opportunities, please contact the Executive Director, Beth
Winters, at 717.234.7403.
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For the Defense - Vol. 9, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 9, Issue 3
