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Robert Bryan
Mon Mar 6, 2017 08:34

The best argument that could have been made for Hauptmann on appeal was that he was denied effective assistance of counsel--not at trial but by the ineptness of Fawcett as explained in the new Dekle-Dedman book. Bryan could not sue Fawcett in 1983 because he was dead and because in 1934-34 the federal courts (where Bryan brought his civil rights suit), the right to effective assistance of counsel was not recognized under the Sixth Amendment in state court proceedings. Fawcett's bungling of Hauptmann's case in New York substantially tied the hands of Hauptmann's entire New Jersey defense team. The New Jersey Hauptmann defense team did not raise this issue on appeal.

While the federal courts in 1983 pointed out that ineffective assistance of counsel in state court proceedings was not a federally recognized right, the court indicated that it might be sympathetic to such a claim. "Although the Supreme Court, at the time of the Hauptmann trial, did not recognize a sixth amendment right to the effective assistance of counsel in state court proceedings, it did recognize a right to counsel under the fourteenth amendment in some situations. See Powell v. Alabama, 287 U.S. 45, 55, 77 L.Ed 158 (1932)" (Hauptmann v. Wilentz, 570 F. Supp 351 (1983)). However, Wilentz did not "deprive" Hauptmann of ineffecive assistance in New York, since Hauptmann voluntarily hired Fawcett, although it may have been Fawcett who deprived Hauptmann of effective assistance. Also there was no allegation in Hauptmann's appeal of the denial of Fawcett's Petition for Writ of Habeas Corpus in New York because of Fawcett's mishandling of the extradition proceedings. Of course, Fawcett in the appeal of the extradition proceedings would not have claimed that he, himself, was ineffective.

  • Robert BryanAnonymous, Sun Mar 5 19:30
    Robert Bryan represented the late Anna Hauptmann for the last 15 years of her life. She was the widow of Bruno Richard Hauptmann, also a German immigrant, who was executed in 1936 in New Jersey for... more
    • Re: Robert Bryansteve for anonymous, Sat Mar 18 11:25
      ive been hearing that hes writing a book since 1996 is it a fact?
    • Robert Bryan's Upcoming BookSue, Mon Mar 6 19:54
      Yes. I posted about Bryan's book when I first learned about it. I know a lot of people will be anxious to read it!... more
    • Re: Robert Bryansteve romeo, Mon Mar 6 10:01
      i met him at the kidnap symposium in 1996 a nice guy
    • Robert Bryan — Anonymous, Mon Mar 6 08:34
      • Re: Robert Bryansteve romeo, Tue Mar 7 10:34
        id like to know how Fawcett bungled his defense in the Bronx I guess I have to buy dedmans book
        • Re: Robert BryanJoe for Steve, Tue Mar 7 11:09
          Steve, from all accounts I've seen, it appears that Fawcett was considering an insanity plea for Hauptmann. Huddleson's examination of Hauptmann with a battery of psychiatrists, then called... more
          • Re: Robert Bryansteve for joe, Thu Mar 9 10:28
            I think after the spoon incident in the jail I think Fawcett was considering it. plus all the evidence against him
            • Re: Robert BryanJoe for Steve, Fri Mar 10 12:26
              And given the weight of the evidence, how Hauptmann managed to keep silent and frustrate investigators is beyond me. At the same time, I think Schoenfeld and Condon were right when they stated the... more
          • Insanity DefenseAnonymous, Tue Mar 7 19:25
            The insanity defense is a "I did it, but..." defense which concedes guilt but attempts to deflect it by showing that the defendant did not have the requisite mental state to be guilty. The insanity... more
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