Delayed Justice

Tomorrow morning the Jones brothers–Matt (Skip) and Paul–are scheduled to appear in 78th District Court in White Cloud, Newaygo County, to hear some of the state’s case against them.

For those who don’t know one court from another, in major cases people are arraigned in district court shortly after they are arrested. That’s where they hear the charges against them for the first time. Then subsequently there is a preliminary hearing. Usually it’s not long after the arrest and arraignment…14 days unless there are other factors. (That’s the keep the state on track so justice can move along.) The Jones brothers were arrested in late June and this is certainly beyond 14 days, but the case file is so voluminous that the defense attorneys needed time, time, time, and asked for an extension.

No one objected because it is in the defendants’ best interests; it’s a more level playing field.

So, the preliminary hearing is scheduled for the next three days. We’ll see how many of them it takes. At the conclusion the judge (I believe it is to be The Honorable Bradley G. Lambrix from neighboring Oceana County) will determine if there is enough evidence for the case to be bound over to circuit court…the court where major cases are tried (either jury or bench trials). If that’s so there will be another wait while both sides prepare for the legal battle. Or, at any time in the process those charged can plead either guilty or nolo contendere–no contest. (Nolo means that a person will accept the punishment as if guilty but will not admit to the charge.) I expect this case will go to trial with a jury.

It might be difficult to find a jury pool that is unaffected by pretrial publicity–including that afforded by the film. You should have independent jurors who are unswayed by anything they may know about the case and will make decisions based solely on the evidence that is presented in court, always with the mandate that the accused are to be held blameless unless and until guilt is proven beyond a reasonable doubt.

It’s a complicated system of justice. It’s not fast. It depends on good police work, good defense work, able prosecution, and witnesses who will answer truthfully under oath.