Mitigation Program

Preparing for the sentencing phase of a capital trial requires specialized skills and experience, and mitigation investigation has been recognized by the U.S. Supreme Court as a critical element to fair and competent legal representation. Over the last seven years, FTI has trained five mitigation specialists now practicing around the country. The work of FTI’s mitigation specialists has helped educate juries and district attorneys about the dire circumstances of their clients’ lives, allowing them to be seen as individuals suffering from addiction, mental illness, or tragic childhood trauma. In dozens of these cases, mitigation investigation has enhanced the fairness of the proceedings and lead to results short of a death sentence.

FTI’s mitigation program is lead by Mitigation Project Manager Zach Rowles. The program is designed to meet the needs of three specific audiences: (1) the FTI law fellows; (2) the FTI mitigation student interns; and (3) the capital clients themselves.

Beginning with their earliest trainings in capital defense work, FTI Osborn Fellows learn of the central role a mitigation investigation must play in the preparation of their cases. The mitigation program is integral to the FTI Osborn Fellowship. It acquaints fellows with the finest expertise and challenges them to develop their own skills.

As more defense attorneys throughout the state come to understand that their competency depends on the quality of their preparation for sentencing, there has been an increased need for highly-skilled mitigation experts. Since 2004, FTI has served as a training facility for persons beginning the work. Presently, we partner with area social work schools to provide placement for graduate students wishing to devote their careers to capital defense.

Since the program’s inception, FTI mitigation specialists have worked on over a dozen cases with none resulting in a death sentence.