VITAE: RICHARD LUCIANI - MITIGATION SPECIALIST OF NEW YORK - SYRACUSE, NY

NY Mitigation Specialist Richard Luciani

VITAE – RICHARD LUCIANI

Marshall Square Station
PO Box 35725
Syracuse, New York 13235
(315) 243-9211

NY Parole Advocacy

RICHARD LUCIANI - EDUCATION

Bachelor of Science – Cornell University, Joint major in Sociology and Social Work; Scholastic Excellence Award.

Master of Social Work – Syracuse University, School of Social Work, concentration in criminal justice.

Master of Arts – State University of New York at Albany, School of Criminal Justice, A.B.T.

RICHARD LUCIANI - PROFESSIONAL EXPERIENCE

1985 – 2001

Project Director, Client Specific Planning

Center for Community Alternatives, Syracuse, New York (formerly National Center on Institutions and Alternatives)

Responsible for client and collateral interviewing, development and presentation of comprehensive defense-based pre-plea and sentencing memoranda in state and federal courts. In New York State, responsible for the development of parole release reports to paroling authorities, alternative to send-back proposals in parole revocation cases and additional post-conviction work with inmates confined within the Department of Corrections. Author of over 1000 reports. Also responsible for staff supervision, training, research and data collection. Since 1996, involved in capital mitigation work.

RICHARD LUCIANI - CAPITAL CASE EXPERIENCE

December 1996 – March 1997 – Sole mitigation specialist for Frank Mellace, Esq. (Oneida County) in Morris Bell case (originally capital case, convicted after trial of non-capital Murder 1°, judge sentenced to 25-life instead of Life Without Parole).

June 1997 – October 1998 – Sole mitigation specialist for Joseph F. Cawley, Jr. and Thomas A. Saitta, Esqs. (Schoharie County) in Daniel Edwards case (pled guilty to 25-life).

July 1997 – October 1998 – Co-mitigation specialist for James Harrington and John V. Elmore, Esqs. (Erie County) in Jonathan Parker case (jury voted Life Without Parole).

August 1997 – December 1997 – Sole mitigation specialist for Salvatore Piemonte and J. Scott Porter, Esqs. (Onondaga County) in Johnny Couser case (judge sentenced Life Without Parole).

April 1998 – October 1999 – Sole mitigation specialist for Marco Caviglia and D. James O’Neill, Esqs. (Sullivan County) in William Banker case (pled guilty to Life Without Parole).

April 1999 – August 1999 – Sole mitigation specialist for Richard D. Priest and Gary Miles, Esqs., (Onondaga County ) in James F. Cahill III case (jury voted for death, successful appeal, re-sentenced to 37½ - life).

December 1999 – May 2000 – Sole mitigation specialist for David P. Elkovitch, Esq. (Cayuga County) in Michelle Davis case (DA decided not to pursue death penalty after initial 120 day period; judge sentenced to 6-year determinate).

February 2000 – November 2000 – Sole mitigation specialist for Randi Juda Bianco and George F. Hildebrandt, Esqs., (Onondaga County) in Kenneth Williams case (DA decided not to pursue death penalty after initial 120 day period; judge sentenced to 24-life).

May 2000 – September 2001 – Sole mitigation specialist for Randi Juda Bianco and George F. Hildebrandt, Esqs., (Onondaga County) in William Jackson case (DA decided not to pursue death penalty after initial 120 day period; pled guilty to 8 yr. term).

December 2000 – November 2001 – Sole mitigation specialist for Randi Juda Bianco and Thomas J. Miller, Esqs., (Onondaga County) in Malik Robertson case (non-capital jury convicted on Murder 2°; judge sentenced to 40-life).

January 2002 – September 2002 – Sole mitigation specialist for Patricia Warth, Esq. (Capital Defender Office) and J.Kevin Mulroy, Esq., (Onondaga County) in Larry Seeley case (DA decided not to pursue death penalty after initial 120 day period; judge sentenced 30 – life.)

July 2002 – September 2003 – Sole mitigation specialist for James A. Baker and Randi Juda Bianco, Esqs. (Broome County) in Jeffry Nabinger case – (pled guilty to Life Without Parole).

August 2002 – October 2003 – Sole mitigation specialist for George F. Hildebrandt (Onondaga County) and Thomas Kidera (Capital Defender Office), Esqs., in Darrell Gunn case – (pled guilty to Life Without Parole).

August 2002 – October 2002 – Sole mitigation specialist for Marco Caviglia and D. James O’Neill, Esqs. (Orange County) in Joseph A. Stacy case (DA decided not pursue death penalty after initial 120 day period; judge sentenced 37½ - life).

October 2002 – February 2003 – Sole mitigation specialist for David P. Elkovitch and Simon K. Moody, Esqs., (Cayuga County) in Jason Holmquist case (DA decided not to pursue death penalty after extending the 120 day period 30 days; judge sentenced 25-life).

May 2003 – November 2003 – Sole mitigation specialist for Thomas J. Miller and Edward W. Klein, Esqs., (Onondaga County) in Michael Topolski case (DA decided not to pursue death penalty after initial 120 days; judge sentenced 25- life).

July 2003 – Decemer 2004 – Sole mitigation specialist for Patricia Warth, Esq. (Capital Defender Office) and Timothy J. Kirwan, Esq. (Oswego County) in Joseph Blake case (DA decided not to pursue death penalty after initial 120 days; judge sentenced 25-life).

January 2004 – November 2004 – Sole mitigation specialist for Paul G. Carey, Esq. (Onondaga County) in Albert Santana case (DA decided not to pursue death penalty after initial 120 days; judge sentenced after trial to 37-life).

February 2004 – January 2005 – Sole mitigation specialist for Thomas W. Ryan and Randi Juda Bianco, Esqs. (Onondaga County) in Susan Cobaugh case (DA decided not to pursue death penalty after initial 120 days; judge sentenced 20-life).

December 2004 – May 2008 – Co-mitigation specialist for Joel Cohen and David Ruhnke, Esqs., (Federal -- SDNY) in Khalid Barnes case (Jury recommended non-death sentence during penalty phase after defense presentation; judge sentenced to Life Without Parole).

RICHARD LUCIANI - SELECTED PAPERS AND PRESENTATIONS

Presentation to First Annual National Conference on Sentencing Advocacy, “Sentencing the Sex Offender: A Defense Perspective” Washington D.C., January 1989.

Presentation to Suffolk County Criminal Bar Association, “Strategies & Procedures Which Impact on Prison-Bound Inmates: A Defense-Advocacy Perspective,” Riverhead, Long Island, May 1989.

Presentation to New York State Defenders Association, Annual Meeting, “Sentencing Advocacy” Grand Island, New York, August 1989.

Exhibitor at National Association of Criminal Defense Lawyers, Annual Meeting, Toronto, Canada, August 1990.

Presentation to New Hampshire Public Defender’s Office, Annual Training: “Technical Assistance to Criminal Investigators,” Waterview, New Hampshire, September 1990.

Participant at Fifth Annual Training Conference of Sex Offender Service Providers, “Confronting Sexual Offending,” Albany, New York, October 1990.

Presentation to the Onondaga County Bar Association, Continuing Education Series, “Client Specific Planning and Alternative Sentencing,” Syracuse, New York, February 1991.

Participant at Federal Guideline Training sponsored by the Practicing Law Institute, “Enhancing Advocacy Skills,” New York, New York, December 1991.

Participant at conference sponsored by the National Community Sentencing Association, “Building on the Basics: Restorative Justice in Action,” San Francisco, CA. October 1992.

Trainer at Sentencing Advocacy Project, Yale Law School, New Haven, Conn., August 1993.

Participant at conference sponsored by the National Community Sentencing Association, “Community Corrections and Values: Creativity and Integrity,” Boston, MA, Sept-Oct. 1993.

Trainer at Sentencing Workshop, Minnesota Law School, Minneapolis, MN, April 1994.

Participant at conference sponsored by the National Association of Sentencing Advocates, “Alternatives Sentencing: Stopping Violence Stopping Crime,” Baltimore, MD, June 1994.

Participant at conference sponsored by the National Community Sentencing Association, “Leadership for Change,” Las Vegas, NV, October 1994.

Trainer at Sentencing Workshop, Minnesota Law School, Minneapolis, MN, April 1995.

Participant in Death Penalty Training sponsored by the Philadelphia Defenders Office. Philadelphia, PA, September 1995.

Participant in Death Penalty Training sponsored by the New York State Capital Defenders Office, Thornwood, New York, October 1995.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance VIII,” St. Louis, MO, March 1996.

Participant at conference sponsored by the National Association of Sentencing Advocates, “Sentencing With Hope: For Clients, For Community, For Change,” Charlotte, NC, May – June 1996.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance IX,” Dallas, TX, March 1997.

Moderator of workshop “How to Mitigate a Capital Case” at conference sponsored by the National Association of Sentencing Advocates, “The Art of Sentencing,” San Francisco, CA, May 1997.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance X,” Philadelphia, PA, March 1998.

Moderator of workshops “Back to Basics: Writing Skills and the Theory of Alternative Sentencing Planning” and “Advanced Report Writing: Persuading the Decision Makers” at conference sponsored by the National Association of Sentencing Advocates, “The Celling of America: Courtroom Strategies for Reducing Incarceration and the Death Penalty,” Arlington, VA, April 1998.

Participant in Death Penalty Training sponsored by the Indiana Public Defender Office, Indianapolis, Indiana, September 1998.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance XI,” Atlanta, GA, March 1999.

Participant in Death Penalty Training sponsored by the Death Penalty Mitigation Institute, NASA, Miami, FL, April 1999.

Moderator of workshops “Advanced Writing Skills” and “Federal Cases: Meeting the Expectations,” at conference sponsored by the National Association of Sentencing Advocates, “Sentencing in the Spirit of Justice,” Miami, FL, April 1999.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance XII,” Washington, D.C., March 2000.

Participant in Death Penalty Training sponsored by the Death Penalty Mitigation Institute, NASA, San Diego, CA, April 2000.

Presentation of workshop “Ethical Dilemma for Sentencing Advocates,” and moderator of workshops “Myths and Realities of the DSM-IV,” at conference sponsored by the National Association of Sentencing Advocates,” Changing of the Guard between Juveniles and Adults,” San Diego, CA, April 2000.

Presentation to the New York Council of Defense Lawyers and Criminal Law and Criminal Courts Committees of the Association of the Bar of the City of New York: “Counseling the Client Facing Prison,” New York City, NY April 26, 2001.

Participant in seminar “Wrongful Convictions: A Call to Action,” sponsored by the Criminal Justice Institute of Harvard Law School, Boston, MA, April 19-20, 2002

Participant in Federal Sentencing Guideline seminar sponsored by the Federal Defender Office (Northern District) and the NY State Defenders Association, Albany, NY, October 24, 2002.

Participant in seminar “Innocents Behind Bars,” sponsored by the Association in the Defense of the Wrongfully Convicted, Toronto, Canada, November 15-16, 2002.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association, “Life in the Balance XV,” Austin, TX, March 15-18, 2003.

Participant in training sponsored by the New York State Association of Criminal Defense Lawyers, “Everything You Ever Wanted to Know about the New York State Department of Correctional Services,” Rochester, NY, October 2003.

Participant in training sponsored by the Office of the Federal Public Defender (New York) and the NY State Defenders Association, Albany, NY, November 6, 2007.

Participant in Death Penalty Training sponsored by the National Legal Aid and Defender Association and the National Alliance of Sentencing Advocates & Mitigation Specialists, “Life in the Balance XX,” Atlanta, GA, March 8-11, 2008.

Presentation to the Onondaga County Bar Association & the Syracuse University School of Law, “Sentencing Alternatives in State & Federal Courts,” Syracuse, NY, September 22, 2009.

Participant in training sponsored by the Office of the Federal Public Defender (New York) and the NY State Defenders Association, Syracuse, NY, April 29, 2010.

RICHARD LUCIANI - PROFESSIONAL AFFILIATIONS

Task Force Member, New York State Division of Probation and Correctional Alternatives, Albany, NY, 1996-1999.

Governing Board Member, National Association of Sentencing Advocates, Washington, D.C. 1994-2002.

Richard Luciani — New York Sentencing & Parole Advocacy — rluciani@twcny.rr.com — 315-243-9211