[Magdalen] Heather Cook

[James Oppenheimer-Crawford]

I think it helps to bear in mind that when a person goes to trial, it is
not only that person whose rights are being observed. When we have a trial,
the rights of all are on the line: the victim, the accused, family of all
parties, but also, yours and mine.  Nobody's rights trump anybody else's. A
quick expeditious trial may seem appropriate at one time, but tomorrow, I
could be the person in the dock, and it might be that I am the only person
who realizes that I did not do the crime, and everyone else is saying, come
on, let's just end this.

The rights of all have to be respected.  It helps, I think, to remember
that as soon as we give away rights for one, it becomes so much easier to
give away rights of others.

Notice how quickly a death sentence is carried out in China.  A man is
found guilty in the morning and immediately transported to the execution
center for killing that very day. He had just as much rights as the thug
leaders of China (and they are thugs) say he has, and nothing more.

I share your frustration when a person seems to drag the process out.

James W. Oppenheimer-Crawford
*“A life is like a garden. Perfect moments can be had, but not preserved,
except in memory. LLAP**”  -- *Leonard Nimoy

On Sat, Jun 6, 2015 at 7:20 PM, Grace Cangialosi <gracecan at gmail.com> wrote:

> Well, I think I understand, Jim, but it just doesn't seem fair for the
> family to have to keep waiting for one delay after another when there's no
> uncertainty about guilt.
> And I am assuming your comment about the "Tea Party set" wasn't directed
> at me.
> I can't say I understand the whole plea system, except that it's designed
> to get the least possible penalty for the guilty party, which, course, is
> what she's paying the lawyers for. But why can't they go into the
> courtroom, provide whatever evidence they have, have a judge or jury
> declare her guilty, since that's not an issue, and then hammer out whatever
> deals they want without keeping the family on the string?
> It would be different if they didn't know what happened or who the driver
> was, of course.
>
> Good thing I'm not a lawyer. I could never defend someone I knew to be
> guilty...
>
> > On Jun 6, 2015, at 9:00 AM, "Jim Guthrie" <jguthrie at pipeline.com> wrote:
> >
> > From: Grace Cangialosi
> >
> >> see why the trial would be especially long.  Seems to me she's just
> trying
> >> to stay out of jail for as long as possible.
> >
> > Yes -- but not for the reason you think.
> >
> > A trial costs lots of money for all involved. A plea deal costs are
> relatively tiny in comparison. That's why the state has an interest in
> avoiding trial -- no matter the circumstances.
> >
> > So plea negotiations drag on with the defendant's attorney(s) fighting
> to minimize jail time or other punishments. The state will continue
> negotiations to avoid a trial. And unless the defendant pleads guilty or
> nolo contendre at the outset, even a trial where "everyone knows" what
> happens can drag on for days or weeks. But no person in their right mind or
> with competent Counsel would ever do that without a plea deal first.
> >
> > And sometimes negotiating time gets drawn out -- especially once
> vacation seasons start at the beginning of summer.
> >
> > This is how the justice system in America works. I realize the Tea Party
> set wants trials for all and no namby-pamby plea deals, though they want
> the trials for free -- easy enough if they all end up in a few minutes
> using Queen of Hearts justice.
> >
> > Plea deals and attendant negotiations are the way of the world.
> >
> > 'Cheers,
> > Jim
>