THE toughest job in the legal profession has to be that of the defense attorney in the penalty phase of a capital case. First, the guy spends a couple of weeks in trial attempting to persuade any one of 12 jurors that his client has been framed. After closing arguments, the jury retires to deliberate. The members visit the restroom, eat lunch and carefully weigh all of the evidence. They return 45 minutes later with a unanimous verdict of guilty. So much for defense counsel's credibility.