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I am
suffering from a bad case of contempt of court.
The
sources of my contempt are Fulton County Superior Court Judge Alice Bonner
and convicted murderer Ronald Keith Spivey.
In case
you missed it, Judge Bonner recently dismissed a hit and run case because
two attorneys from Howard’s office were 15 minutes late. The legal beagles
thought they were supposed to be there at 9:30 AM. The judge said they were
supposed to be there at 9 AM. Case dismissed. I guess Her Eminence had
never heard of fining lawyers for being late or putting their fannies in
jail or buying them a Mickey Mouse alarm clock. When you are in a snit, you
tend to overlook those little details.
The case
in question concerned Shareca Tucker, killed in November 1998 when struck by
four cars while crossing a road in suburban Atlanta to catch a bus for
work. One of those charged with hit-and-run was Rosendo Abarca. He was
the beneficiary of Her Omnipotence’s ruling. Abarca’s lawyer, George
Handelsman, says his client thought he had hit some debris or had gotten a
flat tire so he left. Like a lot of lawyer blather, I take that with a
grain of salt but, sadly, we don’t know what the truth is because Her
Worthiness decided to chuck the whole thing.
Now, she
has issued the judicial equivalent of an “Oops!” and says Abarca should be
tried after all. She even suggested some other judge should hear the case,
which is the first thing she has said that has made sense since the whole
unfortunate mess began. There is just one teeny-tiny problem. We have a
constitutional prohibition against being tried twice for the same crime. It
is called double jeopardy. Unless Mr. Handelsman got his law
degree from Fred’s U-Haul and Motorcycle Repair, I suspect he will fight any
attempt to have his client tried again. We could be talking about
years.
Nowhere
in this whole sorry episode does anyone seem to have considered the feelings
of Shareca Tucker’s mother, Sharon Brownlee. Because the lawyers and a
judge couldn’t agree on what time to get to work and now whether to even
have a new trial, she has been denied the opportunity for closure of a very
personal and painful event in her life. I wonder how Ms. Brownlee
feels our justice system today?
Civil
libertarians and other assorted do-gooders are quick to grab television face
time to talk about defendants’ rights. How about a little concern for the
victims’ families. Don’t they have some rights, too? At the same time that
Ms. Brownlee was enduring the ridiculous spectacle in the Fulton County
Superior Court, wondering if her daughter’s case will ever come to trial or
if will be deep-sixed by clever lawyering and poor judging, the rest of us
were enduring the public hand wringing on behalf of Ronald Keith Spivey.
Spivey
was convicted of murdering Columbus police officer, Billy Watson, almost 25
years ago. In case you are counting, that is a quarter of a century.
He was scheduled for electrocution. Now, there is a question as to
whether or not electrocution violates the Eighth Amendment, prohibiting
cruel and unusual punishment. I wonder if that same amendment applies
to Officer Watson’s family? A bunch of preachers are petitioning the
courts to prohibit electrocution because it subjects the inmates to “severe
pain and prolonged suffering.” Funny, Reverends, but that same line of
reasoning could apply to the family of Billy Watson and to Sharon Brownlee.
Why don’t
some of the do-gooders look at the grief and agony that we have put these
people through? Why don’t they take their candles and go stand in front of
the Watson house and sing, like they will whenever we get around to deciding
how to get ol’ Ronnie Keith a one-way trip to visit his Maker? Why doesn’t
Judge Bonner tell Sharon Brownlee she blew it big time?
Our
system of justice is supposed to be blind, as in not favoring one side over
the other. Call me naïve but I think in the case of Shareca Tucker and
Billy Watson, Lady Justice has been peeking out from behind her blindfold
and stacking the deck against the victims. That is what I find so
contemptible.
In the
meantime, should someone send the deputies to arrest me for contempt of
court, I will be easy to find. I will be the one holding my nose because
this kind of justice stinks. |