Barry Weinstein- Professional Highlights:
Dade County Public Defender: Assistant Public Defender
Felony Trial Attorney; Mental Health Attorney; Assisted Major Crimes Division with Capital Crimes Preparation; Lead Attorney in Major Federal and State Class Action Litigation Involving Institutional Reform of Local Jail, Prison, Mental Institution and Residential Treatment Facility for the Mentally Disabled
Temple University School of Law: Instructor of Law
Awarded Abraham Freedman Fellowship in Clinical Legal Education. Taught courses in Legal Research and Writing and Trial and Appellate Advocacy. Supervised Law Students in Temple Legal Aid Office
Palm Beach County Public Defender: Assistant Public Defender, Chief of Capital Crimes Division
Responsibilities included representation of clients charged with capital murder and subjected to the death penalty and supervisory and administrative responsibilities associated with operating a capital crimes litigation unit.
Office of the Colorado Federal Public Defender: Assistant Federal Public Defender
Represented indigent clients in all aspects of federal criminal trial and appellate litigation.
Virginia Capital Representation Resource Center: Executive Director
Responsible for the creation, management and administration of all aspects of Virginia's Death Penalty Resource Center, which provided representation to death-sentenced inmates and defendants charged with or convicted of capital murder in Virginia.
University of Richmond School of Law: Adjunct Professor of Practice
Taught law courses on the death penalty and related criminal and constitutional issues. Directed and coordinated the law school's Death Penalty Legal Clinic.
Davis & Elkins College (Elkins, WV): Assistant Professor of Criminology
Director of the criminology and criminal justice program at Davis & Elkins College. Taught courses in criminology and criminal justice, including criminal law and procedure, death penalty, miscarriages of justice, forensic science and constitutional law courses. Directed and coordinated the criminal justice internship program.
Law Office of Barry A. Weinstein
Appellate litigation; Mental Disability Law; Immigration law; Section 1983 litigation; Consultant in selective death penalty cases
Books Published About Cases Barry Weinstein Has Litigated:
First Born: The Death of Arnold Zeleznik, Age Nine: Murder, Madness And What Came After (Atheneum, 1984) by John Katzenbach (Client: Vernal Walford)
Gross Misconduct: Life of Spinner Spencer (Viking, 1989) by Martin O' Malley (Client: Brian Spencer)
An Expendable Man: The Near Execution of Earl Washington Jr. (New York University Press, 2003) by Margaret Edds (Client: Earl Washington, Jr.)
Notable Cases:
Toby Gelber: A mentally disabled man who spent over a decade alone in a 'seclusion room' in a state mental hospital. A federal civil rights lawsuit was filed on his behalf and monetary relief was received. Mr. Gerber was also placed in an appropriate residential setting for mentally disabled clients with proper treatment, rehabilitation and care.
Brian Spencer: A retired professional hockey player was charged with capital murder and the state sought the death penalty. Spencer was acquitted at trial.
Earl Washington, Jr.: Mr. Washington of Bealton, Virginia was convicted and sentenced to death for a rape/murder that he did not commit. Mr. Washington, under a death warrant, was days from being executed before a stay of execution was granted. After years of litigation, Mr. Washington's death sentence was commuted to life by then-Governor Wilder. After more years of litigation, Mr. Washington was finally exonerated and released from prison. Mr. Washington is the only death row inmate to be exonerated in Virginia. A federal civil rights lawsuit was filed on his behalf and a jury found in Mr. Washington's favor and monetary relief was received. Mr. Washington lives a peaceful life with his loving wife, Pam, in Virginia.