How the hell does this happen?

[Rageaholic]

This is horrific.

This kid was put in Rikers over some false robbery charge (the 'victim' lied). That's bad enough, but he spent 3 years there waiting for his trial.

There's a really detailed and long winded story on this on the new yorker (the article has a link to it), but it's too long to read (and really depressing). But the jist of it is outrageous. Hell, even the crime he was accused of wouldn't warrant the punishment he received.

[Panacea]

Unbelievable.

We know so much about the long term effects of solitary confinement yet we still inflect it on people.

And such a weak BS case . . . should have been dismissed or resolved within six months as required.

I feel for this guy. Yet in spite of everything he is trying to get his life back together.

His symptoms are classic for PTSD.

[s_stabeler]

To be honest, I suspect that the system in the Bronx is actually unconstitutional. Why? because the vast majority of cases end up with defendants pleading guilty just so they have a definite time they'll get out. just under 4% of cases ever reach trial. That suggests a truly horrendous rate of innocent people getting locked up. First, why the hell is it possible to artificially extend the time limit for trials by the prosecution asking for a 1-week delay, when the next possible court date is in 6 weeks? I can see stopping the clock when it is the defence that isn't ready- to reduce the risk of defendants trying to run out the clock- but essentially allowing the prosecution to defer trial indefinitely? ridiculous.

oh, and not to mention? the guy wasn't found innocent at trial. the only witness- the complainant- went back to mexico, so the case was dismissed.

another thing- the last judge he saw dealt with a THOUSAND old cases within a YEAR. Granted, a lot were probably people pleading guilty to get out of there, but if so, how come that is a 25% increase in cases handled? there were at least 8 judges there before. ( in other words, by cutting out the bullshit from the prosecutors, (the new judge more or less offered a plea deal, dismissed cases or scheduled trials somewhere competent) the judge managed to do about twice as much as the other judges in getting cases resolved. Might actually help deal with that backlog if New York went to a true speedy-trial law, not the rad rule- basically, the prosecutor says they're ready, then the defence says they're ready, then the clock stops, with the trial scheduled then. Now, what is causing epic delays is that prosecutors are asking for week-long postponements, on various excuses(more or less "We've got better things to do- seriously, one delay was because the prosecuting attorney had gone on vacation, presumably knowing of the court date. Now, they are as entitled to vacation as the rest of us, but it should surely mean they get someone to cover their cases!) and even if the next possible court date is in 6 weeks, the "ready clock" stops again after the one week.

oh, just to put the cherry on top? after he got released, a relative put him on touch with a former prosecutor who now has his own firm. Said attorney found it hard to believe. |Indeed, said attorney thought there was a catch somewhere- the case was weak, and it was more or less a record amount of time w/o a trial.

edit- oh, and the DA's side of things? "either the cases didn't exceed the 6-month rule, or the defence failed to bring a speedy trial motion"- horseshit. The deadline wasn't exceeded because your scumbags are playing fast-and-loose with the law. Not to mention he mre or less said it was up to the defence to make sure the 6-month rule was enforced, not up to prosecutors to bring cases in a reasonable time.

[EricKei]

That "only 4% of cases reach trial" bit is, to the best of my knowledge, common throughout the entire US. I can understand infrequent trial sessions (such as the 6 weeks you referenced) in a smaller, less populous area (such as where I live), but in NYC?! o_O That's just absurd.

[s_stabeler]

it sounds to me like it's more a case of the judge only having an open spot on his/her schedule then, not the court not meeting until then. the issue is not enough judges, not not enough court dates.