September 22, 2006

ID: judge - "criminal justice system flawed"

From the Twin Falls Times-News:

'System is flawed' - judge says legal process failed victim's family

The judge, prosecutor, even the defendant, made profound apologies to a heavy-hearted courtroom. The criminal justice system had taken an accidental tragedy and made it worse. Few, if any, disturbing the peace sentencings amass so much public attention or frustration.

Yet, the lackluster conviction Thursday morning of Richard D. Openshaw began boldly 18 months ago with the prosecutor charging him with involuntary manslaughter in a 2004 fight outside a Jerome bar that ended in the death of 24-year-old Kevin Gaver. A hung jury prompted the prosecutor to reduce his charge despite the objections of Gaver’s family.

The sobs from the victim’s family and dozens of friends dropped to silence as 5th District Court Judge Mark Ingram spoke these words:

“The criminal justice system is flawed without a doubt,” he said. “This case is probably one of the most difficult cases I’ve ever encountered. It’s painfully obvious friends and family feel victimized by a system they believe did not do for them what it should...”


I admire Judge Ingram, but I'm uneasy with this sort of pronouncement from the bench.

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