coragryph is also wrong. The Prosecutor found three qualified translators, but the Defense kept turning them down. The reasons were not made public as far as I know.
The Judge allowed the farce that the Defense used. And after three qualified Vai qualified Interpreters were dismissed, the Judge should have appointed another Interpreter. The Local Paper found three in a matter of hours. And the Paper spoke with the Child Rapist, and he did have an accent, but spoke and understood English Well!
The Judge should be removed from the Bench Permanently, and the Accused should be retried.
2007-07-24 13:52:52
·
answer #1
·
answered by Sentinel 5
·
1⤊
1⤋
The defendant waived his right to a speedy trial on May 27, 2005 and January 13, 2006. On June 20, 2007, the Defense filed a motion to dismiss based on the speedy trial doctrine even though 2 extensions were already granted. The prosecution forgot to ask for another extension and perhaps the judge's dismissal ruling may be upheld by the intermediate appeals court.
Since a valid translator was sworn in on a number of occasions, proceedings could have continued. After all, 3 years is sometimes needed to bring a case to trial if the details of the case are complicated and the public defender is equal to the task.
I see the higher court upholding the dismissal and the prosecution will be faulted for not asking for another continuance in the 18 months since the last continuance was granted.
2007-07-24 22:22:50
·
answer #2
·
answered by Anonymous
·
1⤊
0⤋
The case was dismissed because a speedy trial did not occur, as required under the Constitution, unless waived. I don't know all the facts, but I think the prosecution dropped the ball on this one by not getting the matter to trial. There could be other issues, but that is one of them. I am for taking a hard line in these kinds of crimes, though, assuming sufficient evidence, etc. I'll leave open that there might be unique facts and issues in this case. I'm not familiar enough with the standards for determining if an interpreter is needed and the procedure for appointment.
2007-07-24 21:16:27
·
answer #3
·
answered by MALIBU CANYON 4
·
1⤊
0⤋
You are not accurately stating the procedural history of the case.
The judge dismissed because after three years, the prosecutor would not move the case forward. The legal requirement, absent consent of the defendant, is that the case should be dismissed after 8~12 MONTHS.
The judge did what the law required. The prosecution dropped the ball by failing to prosecute in a timely manner.
2007-07-24 20:42:41
·
answer #4
·
answered by coragryph 7
·
3⤊
1⤋
regrettable but what the other guy said was true. Still doesnt make it right tho. Seems like there should be something that should be done to this sicko to make sure that this doesnt happen again.
2007-07-24 20:47:45
·
answer #5
·
answered by pepper_0713 2
·
1⤊
0⤋
Lesson learned: Next time you get arrested, pretend you can't speak English!
2007-07-24 21:03:06
·
answer #6
·
answered by Eukodol 4
·
0⤊
0⤋
THAT IS MARYLAND FOR YOU! A STATE THAT WORKS FOR THE CRIMINALS AND NOT VICTIMS. MONTGOMERY COUNTY ITSELF HAS GONE DOWNHILL SINCE TWENTY YEARS AGO. RESIDENTS ARE PULLING OUT BECAUSE OF THE USELESS SYSTEM. I JUST MOVED OUT AFTER TWENTY YEARS OF LIVING IN THE EXACT AREA OF THE INCIDENT AND SO IT DOESN'T SURPRISE ME AT ALL. CLAIMS ABOUT AN INTERPRETER, HE DIDN'T NEED ONE AND IF HE DID THERE ARE LOTS OF AFRICAN LINGUISTICS IN THE COUNTY SO I DON'T BUY THAT.
2007-07-24 20:52:28
·
answer #7
·
answered by billy 3
·
1⤊
1⤋