Witch Hunt
I highly recommend the documentary "Witch Hunt". The movie documents a group of people (34) in Bakersfield, California, who were falsely accused of sex crimes against children. After 20 years of appeals all were exonerated. The man ultimately responsible for this breakdown in the justice system is Kern County District Attorney, Edward Jagels. Mr. Jagels boasts on the Kern County website about having "the highest per capita prison commitment rate of any major California County". He is a proud "court reformer" having campaigned for the defeat of fair minded California Supreme Court Justices Bird, Grodin, and Reynoso in the mid 80's. What is made clear by the documentary is, Mr. Jagels is a dangerous man with little over site, who mistakes conviction rates for justice.
As a defense attorney several innocent people have trusted me with their freedom and reputations. As in the case of Mr. Jagels, prosecuting attorneys often confuse conviction rates with justice. Often times, I deal with inexperienced, idealist and prideful prosecutors, who are unable to see anything but evidence of guilt. Other times I deal with prosecutors who are too lazy to take part in meaningful fact finding. They are able to spend more time walking to and from Starbucks if they spend less time sifting through guilt and innocence.
Defending an innocent person from years in prison is the most stress I have ever felt. Innocent until proven guilty is a wonder concept, until the judge tells a prospective jury, who knows nothing about the evidence to be presented, that my client is accused of rape. People want to be protected, so when all of the State's witnesses are polished professional's with badges or important titles, it is hard not to be worried about the balance of power.
"Witch Hunt" is an important example of the dangers of public panic. It is also a reminder that no matter who we are, it is important to stay active in the our community and aware of what our elected officials are doing with their power. I recently heard Clark County, Washington's chief deputy prosecuting attorney quoted as saying, "Anybody can convict the guilty, only the best can convict the innocent".

0 Comments:
Post a Comment
<< Home