Categories: Big Sur

A primer in Innocence

I sent a version of this to WildBigSur in response to Bill Monning’s comment, but Jack has a way of censoring me, and not posting my comments, so I wanted to share this here.

Please remember, we only have allegations at this point, and we only have a very narrow, and incomplete story. All these individuals are INNOCENT until they are either found guilty beyond a reasonable doubt by a jury of their peers, or they plead guilty to any possible charges, which may be much less than what they were arrested for. Family members and loved ones of those accused are reading the comments posted online at news sites, and it is adding to the pain they are already feeling. I have talked to several of them throughout the day and night, and they are in shock, pain, and reaching out to make sense of what is happening. Public comments make that harder.

My 31 years of experience as a criminal defense attorney for indigent clients has taught me that the initial charges are often times very exaggerated, and the charges actually filed by an attorney for the District Attorney’s Office may be less than what the police are asking for, and what is found true or admitted may be even less still. “Overcharging” is a common way to “force” a plea’bargain, which might not otherwise happen, and a way to keep defendants locked up in jail on outrageous bail amounts.

Be considerate and kind in your thoughts and comments. Unless you are on the jury with evidence from both sides presented to you, it is not up to us to judge.
Bigsurkate

bigsurkate

Appointed appellate counsel for indigent defendants (retired.) I have lived in Big Sur since 1984, first on the north coast, and on the South Coast since 1989.

View Comments

  • Ok, Kate, I hear you loud and clear, and I'm so sorry for the pain that the the loved ones and dear friends of those who have been arrested are experiencing. They are indeed innocent, according to our laws, until proven guilty. And, we appreciate your legal perspective, it's a good balance to all the comments going around.

  • Refreshing to have such a radical ( root ) grounded attitude expressed about how our legal values and principles should be manifested.

    Thank you.

  • Right on Kate. The "conviction" by the media publicity disgusts me. The huge amount of taxpayer money expended to arrest 5 people was obscene! Helicopters, phalanxes of officers in riot gear, and so on. Who planned such a publicity stunt?! The media is eating it up. Meanwhile, there are murderers, robbers, rapists, and thugs out in the streets, on the loose, and nobody cares.
    I feel sick.

  • And oh, one more thing. You said it...Just as I told all the kids at school today. We live in the United States. We are the land of the free and the home of the brave, where there is justice. Under our constitution, our forefathers set forth that one is INNOCENT (as you said), until proven guilty by a jury of peers...BEYOND A SHADOW OF DOUBT. As a veteran, I (and you, too) have given a major piece of our lives in service and defense of this country and its principles. So, to see the media twist it so, raises my hackles.

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