Public Defender Tommy Thompson, DerrickTodd Lee’s attorney, said he plans to appeal Lee’s conviction inthe West Baton Rouge trial for the murder of Geralyn DeSoto ofAddis, La.
    A jury convicted Lee of second-degreemurder Aug. 10.
    West Baton Rouge Judge Robin Freesentenced Lee to the mandatory sentence of life in prison withoutparole Aug. 16.
    But Thompson said Lee did not receive afair trial.
    The Appellate Project, a state-wideagency that works on indigent appeals cases, will handle Lee’sappeal, but Thompson said he will continue to work with them.
    Thompson said Lee’s 4th amendment rightagainst unreasonable search and seizure is in question because ofthe way Zachary police obtained Lee’s DNA.
    ”Our contention is that taking someone’sDNA is against their right against search and seizure,” Thompsonsaid.
    Thompson said police used a districtattorney’s subpoena to obtain Lee’s DNA.
    Typically, Thompson said this kind ofsubpoena is to compel a witness, not a suspect, to bring evidenceto the investigator’s office.
    Thompson said taking Lee’s DNA shouldhave required a search warrant. He also said Lee was unaware of hislegal rights against self-incrimination and that he may have neededan attorney present.
    During the West Baton Rouge trial, Freewarned prosecutors the way the DNA was obtained may not have beenlegal and could come into question under appeal.
    Thompson said he also hopes the lack offunding for Lee’s legal council is addressed in the appeal.
    Free awarded the defense between $12,000and $15,000 to hire DNA and crime-scene experts — a numberThompson said was far less than the prosecution’s budget.
    Law Center professor Stuart Green saidLouisiana is in crisis mode because a lack of funding for indigentdefense council.
    ”I would assume in a murder [trial] ofthis notoriety, you would expect adequate funding,” Green said. “Hewould have at least two lawyers, defense experts, defenseinvestigators.”
    Because Lee’s council did not haveaccess to proper funds to provide investigators and experts, Greensaid there is a basis for appeal.
    Baton Rouge attorney Jim Boren, whoserves on the East Baton Rouge Indigent Defense Board, said whenLee’s case actually is financed and an investigation is performed,attorneys likely will discover more evidence and be forced tore-try the case.
    Boren said the discovery of evidenceafter the trial is exactly how seven men have been released fromAngola Penitentiary in the past three years.
    Boren said Lee’s case is just anotherexample of a poor black man in Louisiana who does not receive afair trial.
    ”The theory is you ought to do thesethings once, but you [have to] do multiple trials,” Boren said.
    Green said Louisiana’s indigent defensefund possibly is the worst in the country.
    ”The legislature doesn’t fund it,” Greensaid. “It comes from parking tickets. The amount they allocate isextremely small.”
    Under the current system, the publicdefender’s office is funded by traffic and other court administeredfines.
    In an attempt to change the way thesystem is funded, Boren said Washington D.C.-area attorneys fromthe National Association of Criminal Defense Lawyers are planningto file suit in Lake Charles next week
    Meanwhile in the upcoming Pace trial,Lee’s attorney, Mike Mitchell, appealed to state District JudgeRichard Anderson to request more money to cover the cost of defenseexperts for Lee.
    Anderson denied the request.
    Jury selection in the Charlotte MurrayPace trial begins on Sept. 13 in East Baton Rouge.