Friday, March 30, 2007

Justice ?

All the shennanigans at DOJ lately ought to have us questioning what we mean by justice and how we go about getting it. Going to court is an incredibly risky affair, without any of the nonsense BushCo got passed by its Congressional lackies. We tend to think that the guilty get off and the innocent have little to fear. This case in New York ought to make people re-think that, but there have been plenty of occasions previously and you still hear, "If you didn't do anything you don't have anything to worry about." Maybe eyewitness testimony from three seperate women would be something to worry about, particularly if you're innocent and they say you did it. Anthony Capozzi of the Buffalo has been in custody since he was arrested in 1985, on Wednesday the Erie County DA Frank Clark announced that DNA "lost" in Erie County Medical Center had been found and tested and it matched one Altemio Sanchez not Capozzi. He gets out next week. That would make it right around 22 years he's been locked up with no physical evidence linking him to the rape of the three women whose testimony sent him away.

Considering the risks, it might seem reasonable for people to worry that something other than competence was required to be a US Attorney. Let's get something real clear, all you've got going for you against the full might and resources of the government is your "presumption" of innocence. Presumption is questionable, most people do not believe you're in court for any other reason than guilt. Judges can say all they want to a jury, they're still people with their own thinking going on, and the presumption that you're innocent ain't part of it. So it becomes a large issue that the prosecution and law enforcement are impartial and competent. The first safety net is not being in court at all, because the Prosecution doesn't like the case. Prosecutors have high conviction rates; for two reasons
1) they take cases they can win
2) juries like the prosecution

In Mr Capozzi's case there were multiple rapes in W Buffalo, there were pressing reasons to get an arrest and a conviction. My Capozzi also suffers from schizophrenia, which may have had something to do with him remaining a suspect, despite weighing 200 lbs. versus the witnesses estimate of 150 lbs and sporting a three inch scar over his left eye which wasn't mentioned. When the State tells you it doesn't have the tools to deal with the criminal, you might reflect on this case. When you've got an Albie Gonzales and his ilk running amok at DOJ you might want to think about the consequences. No, they never get it wrong...

2 comments:

KISS said...

ahh, back to my unholy trinity once again[ Police, prosecuters, Judges]..a cause I never tire of speaking up on. The prosecution has way too much power. Negotiation is a killer. Either take a chance on court or let's make a deal is the norm. [oh it saves time and money, the prosecution tells us...BS] So the poor fish [ prison slang for citizen] takes the deal and for the rest of his life he is haunted by " The Deal". Too poor to get a real lawyer and not able to have an investigator, he's screwed.
How's this for a fix: After serving " The Deal" his record is expunged? NO record kept, a clean slate. Bad guys deserve punishment..but too many good guys get hammered. Is a pot smoker a criminal?

KISS said...

I see that in today's Big O that Judge Koch, says "The judges that defendants least like to appear before are the former defense attorneys or people who have had a tough life and have made something of themselves,"
Just to let all know, defense lawyers cam make the judicial system fair and equitable, and make tough decisions.. Takes partially out of the game