Abolitionist
of the Year: Phil Cherner
-- By Colleen Scissors
Diligent,
determined and dedicated. That describes
the work of a death penalty lawyer, and it
definitely describes Phil Cherner. It is
no surprise that the Coloradans Against The
Death Penalty have chosen him for the Abolitionist
Award.
In 2002, shortly after I moved to Colorado,
I was asked to work with Phil Cherner and
Mike Heher on Nathan
Dunlap's Rule 35(c)
hearing. My first meeting with them was during
the Aspen CCDB seminar that year. As I drove
home from that day-long meeting, I thought, "Oh
my, what have I agreed to?" Those of
you who have seen Phil and Mike in combination
may understand the reservations I had after
that initial meeting. Focused. Obsessed.
Crazy. Related by marriage and somewhat incestuous.
I agreed to come on board nonetheless. It
was a decision I will never regret.
Over the two years it took to complete the
hearing, I watched Phil as he totally immersed
himself in and dedicated himself to Nathan
Dunlap's case, and as importantly, to Nathan.
As the case remains pending, some things
must remain unstated. But it can be said
that Phil dedicated himself, day and night,
to putting forth the best effort that could
be put forth on Nathan's behalf. His patience
with and respect for Nathan, who suffers
from bi-polar disorder, was and remains unending.
As if the hearing was not enough, in his
spare time he doggedly fought with DOC in
a hostile, uphill battle to secure proper
medical care for Nathan. His willingness
to go home after long days in court and research
new issues, prepare for the next day, and
meet with Nathan again and again was remarkable.
His commitment to leaving no stone unturned
was a constant.
Beyond the Dunlap case, Phil's zeal for
the defense of the poor and downtrodden is
remarkable. In 2002, with the backing of
the Colorado Criminal Defense Bar, he started
the parole project. For the first year, he
personally footed the bill for all of the
collect calls that came in from clients at
the Arapahoe County Jail. Even as we were
in the throes of the Dunlap hearing, Phil
spent time during lunch hours working on
parole matters - pro bono, of course.
Finally, as busy as he is, he takes time
to address the well-being of his colleagues.
Not a day went by during the Dunlap hearings,
which ended up taking as long as the trial
itself, without Phil asking me if there was
anything he could do for me. Often the answer
was "yes", and Phil and his similarly
dedicated paralegal, Lisa Cisneros, always
obliged without hint of complaint.
It was only on the night of our last day
of hearings that seemingly went on forever,
that I finally noted a small chink in Phil's
armor. After a celebration dinner with our
defense team, I had to drive Phil, and his
truck, home.
The fight for Nathan Dunlap's life continues.
I know that Phil will be there for him, always.
