There is a Trial Readiness conference on March 2 for the Fieldbrook double murder case. On February 18, the defense already requested a brief continuance due to "outstanding issues with discovery". Now, once again, lo and behold, Public Defender Heidi Holmquist has another motion to continue filed yesterday.
Due process is one thing but in certain cases with certain attorneys, always Public Defenders, there is always a gag order, there are always last minute continuances filed, usually the same reasons, couple days before trial readiness. At least, that is the pattern I have observed this year.
Last year, there have been a lot of homicides, high profile. Courtroom backlog with these constant last minute delays also impacts other defendants who have a right to have their cases heard in a timely manner.
Due process is one thing, using the system for delays with a pattern by some, is another. You don't get a fair trial when one side abuses the rights provided by the law.
In this case, the victim's family comes to court each time, only for another delay. I have watched their pain.
Next week, we have Limmie Curry, Judson Stiglich, Jason Arreaga (the Fieldbrook case), Jason Warren, Juan Ferrer and Gary Lee Bullock on the docket with cases overlapping at the same time.
Just like the victim's family in this case, victims and their loved ones in all the other cases, except in the Stiglich case, have waited years, months, for justice.
Only to come to court, to have the alleged suspect re victimize their pain over and over.
There needs to be some balance with these constant continuances. Unless it is an issue of appeal, Judges need to make these defense attorneys demonstrate good cause for continuances. Covering the courts now for a year, these vague excuses are too familiar, too often. The People deserve better.
Uh nuts... I think I goofed. Forgive me if this appears twice.
ReplyDeleteI sympathize with your viewpoint Mr. Chiv.
But a Right is a Right... by its nature a Right can not be abused.
And perhaps the problem with "Discovery Issues" is not with the Defense, but with those responsible for providing the information.
Would it be the fault of the Defense if the Prosecution withholds information the Defense is entitled to?
But perhaps there is more to this situation than stated.
MOLA, you did not goof. Comment appeared once, maybe Blogger goofed. MOLA, your comment is fine but as I pointed out, rights of one side do not weigh over the others. I know you are someone who reads my court coverage regularly. I do not know when you started but there are less prosecutors and way more defense attorneys. The previous DA administration left a mess and Ms. Fleming has done a great job of keeping the office going and getting some balance back in the courtroom. The issue is not as simple as discovery not being provided in the pattern pointed out. As I pointed out, certain attorneys will just ask for a gag order or use the same vague excuse no matter what. I can almost predict that once I see who the defense attorney is going to be. Criminals do not get to run the system, their rights do not outweigh the rights of the victim and the People. I know you think the prosecution has all this leverage but from someone who has worked, covered and seen the criminal justice system, that is not so, especially in Humboldt. We have criminals who take no responsibility, who use every loophole in the system and defense attorneys who do abuse the "rights" under law. Defense attorneys who manipulate the system are those cannot win a case on talent or merits or innocence of their client, they do not necessarily help the defendant. They delay the process, affecting the outcome of other defendant's cases. All they do is power trip and abuse the process. We live in a world today where the scale is tipping less in favor of law abiding citizens rights. There are people willing to crucify local law enforcement without the facts and a fair trial. What about the rights of the accused in those instances? I am not directing this at you. We have a criminal justice system which cannot fix what is wrong with society. The concept of free speech and due process is abused locally by certain defense attorneys as well as the general public. People need to educate themselves. In this case, since there is a gag order, we will have to wait until the next court date to see what the reason is and maybe there will be good cause and a continuance will be granted.
DeleteAll points well taken.
DeleteI agree our system doesn't work the way it should. For instance, in England the case would have been heard within a year (usually much sooner) and trials that take months to hear in America take a week or less in the UK.
I haven't heard complaints about the English system (except when Brits complain about how long it takes to get anything done). They get the job done in a tenth of the time and there appears to be justice served.
So, in that regard you are absolutely completely correct (in my august opinion, anyway).
I agree our justice system takes more time and money and foodeling around than necessary. Perhaps when Ms. Fleming has her shop in order there will be better communication between Prosecution and Defense and the "Discovery Issues" will go away (or the attorneys will have to cook up a new excuse).
Anyway... in my amateur status as an occasional juror (some bona fides, hey?) I believe the system itself is broken and needs reform. But can you really blame an attorney working the benefits of that broken system for his client?
After all, a defendant, any defendant, deserves competent defense. What attorney would ever throw his client to the wolves in the name of judicial efficiency?
A thought occurs to me... how often would this sort of thing happen if judges starting tossing attorneys into the klink for Contempt of Court every time one appears before them unprepared?
The discovery issues in some cases depends on the DA's office receiving it from other agencies like DOJ. Ms. Fleming has her ship in order despite the shoddy mess Paul Gallegos left behind like staff shortages, not making decisions whether a case should be death penalty or not. What needs to be fixed is the people who ghink they can break the law and commit crimes repeatedly. I have at least 1 recent example of a case to illustrate backlog and career criminals but how many would read it? Your contempt of court idea may not fly but maybe we could have our own reality show?
DeleteMaybe we could get some overpaid and underworked County Department heads help out with filing and discovery issues?
I would read it.
DeleteI suspect that you, like the Tuluwat Examiner, are read by more people than care to admit to it. Anyway, that's what I tell myself when I comment there.
As to the Reality Show... if we get to toss attorney's into the klink... hey I'm for it. Might get some ratings too. I'm sure Judge Wapner is out there somewhere waiting for a chance to hit Reality Gold again.
I'd want the Rusty the Bailiff role.
During my time as a bureaucrat one of the hardest things to get used to (really, I didn't) was the glacially slow pace everybody else worked at. I never understood it... it seemed a rather a thin excuse to put people into so much anguish just because a well paid functionary could not get his or her act together.
Perhaps I am naive... but it shouldn't need to be this way.