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Wow. On top of everything, this should definitely violate speedy trial requirements: But the district attorney convinced a judge that most of the time Jelani s
by aqme28 12y ago
Wow. On top of everything, this should definitely violate speedy trial requirements:
But the district attorney convinced a judge that most of the time Jelani spent in jail shouldn’t count towards that release. She argued that days spent gathering more evidence, delays in testimony by a police officer who was on vacation, or instances where she was unprepared to make her case did not figure into the six-month period. The judge agreed. In a bit of Kafka-esque arithmetic, 19 months became 83 days. Instead of finishing trade school, Jelani celebrated his 20th and 21st birthdays in a cell.
- Balgair 12y agohttp://www.nolo.com/legal-encyclopedia/the-right-speedy-trial.html http://www.nolo.com/legal-encyclopedia/the-right-speedy-tria... That right is not as obvious as it seems. Also, though I cannot find a citation, I believe that everyone typically waives those rights (in a very murky manner) upon arraignment.
- talmand 12y agoI would suspect asking for a speedy trial is a huge bet on which side can get better prepared in time for the trial date. Possibly most defense attorneys don't want to take that bet because prosecutors already have their evidence in hand.
- bproper 12y agoJelani did not waive the right to a speedy trial, and in fact his lawyer filed the motion demanding one on three separate occasions before it was granted. This was more than one year into his incarceration.
- talmand 12y agoThis is just the case outside the rule, the DA was delaying likely because the case was so shaky to begin with because of lack of evidence. The DA was waiting for him to crack and take a plea bargain so that in the end the DA still looks tough on crime. Personally, I fault the entire system for the man's treatment; the DA, the judge, all the way up to the governor.