Saturday, June 25, 2011

Our justice system has major flaws

Today was supposed to be the 28th day of the Casey Anthony murder trial. Instead, legal wrangling by attorneys from both sides has sent this trial on the brink of a mistrial.

An already frustrated jury must now sit in sequestration -- translation, banishment or exile --  until Monday, unable to read a newspaper, watch TV or talk to each other. Key witnesses must scramble now to change travel and flight plans. Most importantly, a defendant now has more downtime to contemplate her fate within the cold walls of her jail cell, knowing that her attorneys may have let her down for good. This is wrong, and something's gotta' give.

Before the jury was even sat this morning, all the legal eagles suddenly ducked into Judge Belvin Perry's chambers to talk about a witness due to testify today. However another as yet unknown issue put the trial to a screeching halt. When Judge Perry finally emerged, 45 minutes after the appointed hour, he informed the court the trial would recess for the day. Not one word was typed into the court reporter's stenotype machine.

The Bill of Rights affords a defendant certain rights during a trial. In additon to the two most fundamental rights, the presumption of innocence until proven guilty and the burden of the prosecution to prove guilt beyond a reasonable doubt, a defendant is also guaranteed the right to a speedy trial and receive adequate representation. The last two have been denied Casey Anthony.

Now, I understand this is an extremely complex case. As circumstantial murder cases go, the Casey Anthony trial has moved along quite nicely. Even with jury selection, this trial is only about five weeks old. In comparison, attorneys in the infamous O.J. Simpson murder trial were still selecting alternate jurors over the same time period. For the most part, Judge Perry is keeping this trial moving forward. But how long will it be before the jury quits paying attention to DNA analysis, gas chromatograph mass spectrometer data, and all the other science I don't understand? How many more delays, fits and starts and legal fistfights between attorneys can the jury stomach before they throw in the towel and make up their minds before the trial finally ends? No justice there.

We saw that in the O.J. case. Despite defense attorney Johnny Cochran's plea for, "If the glove doesn't fit, you must acquit" and accusations of police malfeasance, that jury deliberated only FOUR hours after a nine-month trial. That jury was also sequestered.

Was justice served in that case? Many think not.

I'm not an attorney. I hope I never have to be a defendant. I have been a juror, but not in a lengthy murder trial. I do know the presiding judge must do everything legally within his power to make sure nothing gets reversed on appeal, or that there is no potential "runaway jury." Today's events leave me to believe one of two things happened, but again I'm just speculating: Either there is a plea deal behind closed doors or there is a jury issue which necessated this sudden turn of events. We will know on Monday, I guess.

Casey Anthony is accused of some very heinous acts. She could be convicted of the following -- First degree murder, aggravated manslaughter, aggravated child abuse, and four counts of lying to investigators.

She also deserves every right afforded to her. So far, I think the system has fallen far short of that burden.

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