Child Rapist Goes Free Because Court Can't Find Interpreter, page 3

Originally posted by Rasobasi420
Shouldn't the prosecution have gone to court with an air tight case, and not relied on the judge to be sympathetic to the prosecution? If they're going to play a hand and gamble on a variable, they have to acknowledge that they may loose on a weak point. In this case, the judge. And it looks like the judge was completely justified (if not morally, legally) in her decision.

What do you mean, air tight case? DNA evidence and witnesses were ready to go to trial. This was not a ssituation where there was lack of evidence. Someone failed in their duty to find a translator for the malingering defendant.

As for getting through HS and CC without speaking functional English, it's actually very possible, and happens more often than you'd think. As a matter of fact, something like 700,000 high school graduates can't read. Granted they are likely native English speakers, but I'm sure there's a percentage that are ESL students. And his CC courses could also have been ESL.

Totally irrelevant on the this-child-left-behind point. And it is not necessary for the defendant to have near perfect English, nor to understand the legal fine points. That's why he has counsel and an interpreter.

Originally posted by eyewitness86
This is like casting pearls before swine, I know, but here are the facts, like them or not:

Don't be so condescending. Your own understanding is somewhat superficial; you seem to be hung up on the fact that he was held for 3 years.

The man was held for three years without a trial. The Court determined that 3 years was long enough for the State to come up with a case.

They had a case ready, complete with DNA and witnesses. What was missing was a translator.

The COURT appointed adviser said that he did not comprehend English well enough for a LEGAL PROCEEDING. there is a big difference between speaking a language well enough to order food and make change, and being able to understand legal terminologies, testimonial procedures, etc.

The issue of whether or not he had a translator is secondary. The primary question is whether he could have received a fair trial without a translator:

Whether an interpreter is appointed for a defendant lies wholly within the discretion of the trial judge. While the law accords courts discretion in this area, it cannot be abused. Again, it is incumbent on the defense to preserve the record for appellate review.

The right to a court-appointed interpreter in criminal proceedings is squarely within the discretion of the trial judge. Only in limited circumstances have appellate courts held that the failure of trial courts to afford adequate interpreter services constituted an abuse of discretion or was clearly erroneous in violation of a defendant's federal or state constitutional or statutory rights.

www.e-archives.ky.gov...

That was authored by a couple of judges, btw.

All of the whining about a miscarriage of justice is simply elementary and not taking into account the big picture. Some people just cannot see the harm in locking people away for long periods with no trial, etc.

You are the one who cannot see the big picture. Read the sources provided to you and you will see that this judge abdicated responsibility.

All I can say is, I hope that every one of you who want to do away with the due process rights of citizens, may you be the next one to be accused.

Blah blah blah. Nobody wants to do away with due process, so don't go there. We want to see this pervert hung by his gonads. And there was a way to conduct this trial, but the judge was too stupid to realize it.

[edit on 22-7-2007 by jsobecky]