02-16-2012, 02:46 PM
In the negligent homicide investigations I would start by encouraging Deputy Prosecutors to respond to the crime scenes of these cases. In the recent case that I handled I was out at the crime scene within 24 hours of it happening. I would have been there sooner if the officers called me out to the scene. But after reviewing the scene I was able to identify a key piece of evidence for this case.
For many years I have done ride a longs with the police. I do this better understand their challenges but also to see what can be done to better respond and or prevent crime. I also do it so they have the chance to ask me questions so they can understand what we as prosecutors are looking for. One of the things I tell officers when I ride with them is that the problem with the police is the same problem with prosecutors. Police know what prosecutors do, but they really don't know what we do. Prosecutors have the same challenges. We know what police do but really do not know what police do. I think I am the only deputy prosecutor at this time that regularly takes the time to do ride a longs with the police. I think this needs to change.
A big problem we have is in the way of communication between our offices. A good example of this is "case follow-up." We have a form that we send to police when we want case follow-up. We usally give the police 30 days to respond. There can be several of these forms sent in a single case. The result is a delay in charging cases. I believe that a lot of time can be saved by simply making a phone call and discussing the problems in the case with the officers. In discussing this with the officers they say that many times what the prosecutor is looking for is already in their report. To many, justice delayed is justice denied.
Mr. Dammerville pointed out that we do not have an accident reconstruction expert on the island. The result is time delays. Most people do not understand why it takes sometimes over a year and a half to charge a negligent homicide case, and then another year to reach a plea agreement. This is one of many reasons. Our State has had the most alcohol related traffic fatalities by percentage in the nation. We should be doing everything we can to get these cases resolved quickly and with an appropriate sentence.
I saw that someone was not happy that I made a plea agreement in the case where Ted Braxton was killed. I will let you know I was fully prepared and ready to take the case to trial. It wasn't that I was worried about winning the case, the question in my mind was "Can I get this person sentenced to a prison term." Remember, the Defendant did not have a criminal record, he did not any previous DUI convictions, and he was a upstanding citizen in the community.
As was brought up in many other posts, we have had people in similar circumstances that were sentenced to probation in our community. To me that was not acceptable. Furthermore, from the beginning of this case I was in personal contact with the family and included them in all decisions that were made. As for the amount of time he was sentenced to, the crime Negligent Homicide, which is the classification for when someone negligently kills someone while under the influence of alcohol and failing to render aide in accidents involving death or serious bodily injury, are class B felonies.
A Class B felony carries with it a jail term of 10 years. The DUI offense that was dismissed in the plea agreement could have carried 5 days jail, but was also a lesser included offense of the Negligent Homicide. When the case was originally charged these were the 3 charges that the Defendant was charged with. I decided to indict and added another charge of manslaughter. Defendant could not have been convicted of both manslaughter and negligent homicide. There was a worry that this could have confused the jury and I was criticized in my office by some for adding the charge. Could I have made the case, I think so. Would I have got prison from the judge without the plea agreement? I felt the bird in the hand was worth the 2 in the bush and will take whatever criticism for the decision that my team (which included the victims family) and I made.
By the way, this Negligent Homicide case was an arrest and charge case. The exception not the rule. I can only think of one other arrest and charge Negligent Homicide case in my entire career (By the way, I played a role in that case as well). From the time of the crash until sentencing, this case only took 7 months. Try finding another Negligent Homicide case in the entire State that was taken care of in that period of time with the Defendant receiving a prison term. Remember, justice delayed is justice denied.
Again, I apologize for the delay.
With Aloha,
Mitch Roth
For many years I have done ride a longs with the police. I do this better understand their challenges but also to see what can be done to better respond and or prevent crime. I also do it so they have the chance to ask me questions so they can understand what we as prosecutors are looking for. One of the things I tell officers when I ride with them is that the problem with the police is the same problem with prosecutors. Police know what prosecutors do, but they really don't know what we do. Prosecutors have the same challenges. We know what police do but really do not know what police do. I think I am the only deputy prosecutor at this time that regularly takes the time to do ride a longs with the police. I think this needs to change.
A big problem we have is in the way of communication between our offices. A good example of this is "case follow-up." We have a form that we send to police when we want case follow-up. We usally give the police 30 days to respond. There can be several of these forms sent in a single case. The result is a delay in charging cases. I believe that a lot of time can be saved by simply making a phone call and discussing the problems in the case with the officers. In discussing this with the officers they say that many times what the prosecutor is looking for is already in their report. To many, justice delayed is justice denied.
Mr. Dammerville pointed out that we do not have an accident reconstruction expert on the island. The result is time delays. Most people do not understand why it takes sometimes over a year and a half to charge a negligent homicide case, and then another year to reach a plea agreement. This is one of many reasons. Our State has had the most alcohol related traffic fatalities by percentage in the nation. We should be doing everything we can to get these cases resolved quickly and with an appropriate sentence.
I saw that someone was not happy that I made a plea agreement in the case where Ted Braxton was killed. I will let you know I was fully prepared and ready to take the case to trial. It wasn't that I was worried about winning the case, the question in my mind was "Can I get this person sentenced to a prison term." Remember, the Defendant did not have a criminal record, he did not any previous DUI convictions, and he was a upstanding citizen in the community.
As was brought up in many other posts, we have had people in similar circumstances that were sentenced to probation in our community. To me that was not acceptable. Furthermore, from the beginning of this case I was in personal contact with the family and included them in all decisions that were made. As for the amount of time he was sentenced to, the crime Negligent Homicide, which is the classification for when someone negligently kills someone while under the influence of alcohol and failing to render aide in accidents involving death or serious bodily injury, are class B felonies.
A Class B felony carries with it a jail term of 10 years. The DUI offense that was dismissed in the plea agreement could have carried 5 days jail, but was also a lesser included offense of the Negligent Homicide. When the case was originally charged these were the 3 charges that the Defendant was charged with. I decided to indict and added another charge of manslaughter. Defendant could not have been convicted of both manslaughter and negligent homicide. There was a worry that this could have confused the jury and I was criticized in my office by some for adding the charge. Could I have made the case, I think so. Would I have got prison from the judge without the plea agreement? I felt the bird in the hand was worth the 2 in the bush and will take whatever criticism for the decision that my team (which included the victims family) and I made.
By the way, this Negligent Homicide case was an arrest and charge case. The exception not the rule. I can only think of one other arrest and charge Negligent Homicide case in my entire career (By the way, I played a role in that case as well). From the time of the crash until sentencing, this case only took 7 months. Try finding another Negligent Homicide case in the entire State that was taken care of in that period of time with the Defendant receiving a prison term. Remember, justice delayed is justice denied.
Again, I apologize for the delay.
With Aloha,
Mitch Roth
With Aloha,
Mitch Roth
Mitch Roth