As much as some of us hate those attorneys who are fighting for those accused of such heinous crimes, you want those attorneys on the job. You want these defense attorneys poking at every possible protection of the defendant's rights. For it is this protection of rights that will protect the one who is wrongly accused with the very minor piece of evidence taken by borderline means or the statement taken by an investigator which borderline violated the defendants rights.
Likewise, we complain about the lengthy appeals process. Throughout this process, every aspect of the prosecution and trial is poked at for errors of law, trial procedure by established rules and due process under the law. The rights of the defendant are held high. The actions during investigation, collection of evidence then acts of the prosecutor, defense counsel and the trial judge are reviewed as well as every witness and presentation of evidence. If this is not done, why even have a trial process leading to conviction?
In the last two years two men in Georgia, tried and convicted of rape, were released. Their convictions were overturned based on DNA evidence which was thankfully preserved. One had served only two years. The other served twenty-one years. Without the appeal process allowed under the law, these men would have continued to wrongly lose the rest of their lives. How many do you think in this country are still serving for a crime they did not commit? This is happening quite a great deal. Some you hear about, some you do not.
Now, I admit there are times when some things are sent overboard. Many of you might recall the Fulton County Courthouse shootings and escape by Brian Nichols in Atlanta during Spring of 2005. A judge, court reporter, sheriff's deputy and a DEA agent were killed. Two other deputy's were injured. The trial was to begin this last January. They pulled well over a thousand potential jurors from which to select only twelve. The State of Georgia provides a fund from which defense counsel is paid for indigent defendants. The law also allows higher fees to be paid to specially appointed private counsel in certain cases. In Nichols' case, counsel was approved for $150 per hour. He has three lawyers working his defense.
Thus far, Nichols' defense has cost $1.4 million of the fund's $4.9 million budget. Due to the shortfall of funds, the trial court has delayed further proceedings until September 2007. Nichols has offered to plead guilty and serve a life sentence if the death penalty is taken off the table. District Attorney Paul Howard has refused. He wants his name on the record as tough on crime regardless of the cost... to the taxpayers. Judges will not step in and interfere as they don't want to appear soft on crime as their job depends on elections.
During Nichols' holding in jail, his phone conversations had been recorded, accumulating more than 400 hours. Among these are his plans to escape. Both sides admit they have limited funds for which to pay for transcription of the tapes. It's expected more than fifty attorney-days will be spent just listening to the tapes and reading the transcripts. You can imagine the costs of this alone.
I believe in the death penalty and I believe Nichols should pay dearly. But, I also believe in common sense. A pursuit for the death penalty will only result in a trial that expects to rival that of OJ Simpson and costs more than $3.5 million. The state's tab is expected to be twice that. Then follows the appeals process which will add to the costs. Common sense should prevail. But, there are politics involved as much as justice if not more so. And, it's the taxpayers who will ultimately lose.
I'd like to throttle them all.
