Right to a Speedy Trial
The Sixth Amendment to the Constitution provides "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
Since the ratification of the 6th Amendment to the United States Constitution in 1791, an accused has enjoyed the right to a speedy trial. Over 150 years later, the United States Supreme Court laid out the factors that a court is to consider to determine if this right has been violated. See Barker v. Wingo, 407 U.S. 514 (1972). These factors are: “[1] [l]ength of delay, [2] the reason for the delay, [3] the defendant’s assertion of his right, [4] and prejudice to the defendant.” Id. at 531.
The Sixth Amendment protects accused individuals from oppressive incarceration for indeterminate lengths of time without their case coming to trial. It also prevents the government from waiting until evidence favorable to the accused is lost, disintegrates, or witnesses die or their memories fade.
Five to go to trial for drug arrest
Tue, Apr. 10, 2007
BY ALAN RIQUELMY
Staff Writer
HAMILTON -- The number of defendants expected to reach trial in a massive Harris County drug case - initially 11 people charged with trafficking in cocaine -- has dropped to five.
Two defendants -- Cortez Johnson, 29, and Tamika Hill, 30 -- have indicated they will plead guilty and testify for the state. Johnson could get 12-15 years in prison. Chief Assistant District Attorney Mark Post said he hadn't yet finalized a plea agreement for Hill.
Three others -- Keith M. Barber, 30, Latea Davis, 29, and Choici Lawrence, 29 -- filed a constitutional appeal at a lengthy motion hearing on Monday. Because of the nature of their appeals, they aren't expected to go to trial for months.
One other defendant -- Torrance Hill, 31 -- pleaded guilty in February in federal court to four drug distribution charges. He was sentenced to more than 20 years in prison.
Those who still remained to stand trial as of Monday were Santwan J. Holt, 29; Shawn M. Bunkley, 36; Edward Hill, 53; Vincent E. Johnson, 36; and Antonio P. Reese, 30.
The defendants are accused of possessing and intending to distribute some 400 grams of cocaine in 2005 and 2006. Cortez Johnson, who is pleading guilty, was arrested in February 2006 and allegedly found with 120 pounds of cocaine worth $5.5 million.
On Monday, defense attorneys had filed some 100 motions, which Harris County Superior Court Judge Bobby Peters listened to as one attorney after another stood and argued his or her case.
Defense attorney David Ross, who represents Barber, said the U.S. and Georgia constitutions guarantee the right to a speedy trial. His client has been incarcerated for 14 months, he pointed out. "In this case, the evidence showed someone who was ready to testify that the state's informant pointed at people who weren't in the conspiracy, so law enforcement wouldn't look at his family," Ross said at the Harris County Courthouse. "That witness is no longer available." Ross has appealed to a higher Court to protect his client's rights.
Other defense attorneys argued about recorded telephone conversations Post said he intends to submit as evidence. Attorney Mark Shelnutt, who represents Lawrence -- one of the defendants who appealed on Monday and will no longer go to trial in the near future -- said some 363 hours in conversations existed that he wanted to examine.
"They've waited too long, and we don't have enough time," Shelnutt said. "We had a right to a speedy trial, but we've been delayed. It's the state's fault we don't have this evidence." Shelnutt's assertion that Post told him only 20 hours of recorded conversations existed led the prosecutor to rise from his chair, claiming Shelnutt wasn't being truthful.
Post said he intends to use no more than 47 of the conversations, none of which exceeds 15 minutes. "Ladies and gentlemen, I'm not going to throw the cases out because you haven't had enough time to listen to the tapes," Peters said.
The judge will most likely hear the remainder of the defense attorneys' motions this morning before jury selection today. Opening statements are expected today or Wednesday.
Since the ratification of the 6th Amendment to the United States Constitution in 1791, an accused has enjoyed the right to a speedy trial. Over 150 years later, the United States Supreme Court laid out the factors that a court is to consider to determine if this right has been violated. See Barker v. Wingo, 407 U.S. 514 (1972). These factors are: “[1] [l]ength of delay, [2] the reason for the delay, [3] the defendant’s assertion of his right, [4] and prejudice to the defendant.” Id. at 531.
The Sixth Amendment protects accused individuals from oppressive incarceration for indeterminate lengths of time without their case coming to trial. It also prevents the government from waiting until evidence favorable to the accused is lost, disintegrates, or witnesses die or their memories fade.
Five to go to trial for drug arrest
Tue, Apr. 10, 2007
BY ALAN RIQUELMY
Staff Writer
HAMILTON -- The number of defendants expected to reach trial in a massive Harris County drug case - initially 11 people charged with trafficking in cocaine -- has dropped to five.
Two defendants -- Cortez Johnson, 29, and Tamika Hill, 30 -- have indicated they will plead guilty and testify for the state. Johnson could get 12-15 years in prison. Chief Assistant District Attorney Mark Post said he hadn't yet finalized a plea agreement for Hill.
Three others -- Keith M. Barber, 30, Latea Davis, 29, and Choici Lawrence, 29 -- filed a constitutional appeal at a lengthy motion hearing on Monday. Because of the nature of their appeals, they aren't expected to go to trial for months.
One other defendant -- Torrance Hill, 31 -- pleaded guilty in February in federal court to four drug distribution charges. He was sentenced to more than 20 years in prison.
Those who still remained to stand trial as of Monday were Santwan J. Holt, 29; Shawn M. Bunkley, 36; Edward Hill, 53; Vincent E. Johnson, 36; and Antonio P. Reese, 30.
The defendants are accused of possessing and intending to distribute some 400 grams of cocaine in 2005 and 2006. Cortez Johnson, who is pleading guilty, was arrested in February 2006 and allegedly found with 120 pounds of cocaine worth $5.5 million.
On Monday, defense attorneys had filed some 100 motions, which Harris County Superior Court Judge Bobby Peters listened to as one attorney after another stood and argued his or her case.
Defense attorney David Ross, who represents Barber, said the U.S. and Georgia constitutions guarantee the right to a speedy trial. His client has been incarcerated for 14 months, he pointed out. "In this case, the evidence showed someone who was ready to testify that the state's informant pointed at people who weren't in the conspiracy, so law enforcement wouldn't look at his family," Ross said at the Harris County Courthouse. "That witness is no longer available." Ross has appealed to a higher Court to protect his client's rights.
Other defense attorneys argued about recorded telephone conversations Post said he intends to submit as evidence. Attorney Mark Shelnutt, who represents Lawrence -- one of the defendants who appealed on Monday and will no longer go to trial in the near future -- said some 363 hours in conversations existed that he wanted to examine.
"They've waited too long, and we don't have enough time," Shelnutt said. "We had a right to a speedy trial, but we've been delayed. It's the state's fault we don't have this evidence." Shelnutt's assertion that Post told him only 20 hours of recorded conversations existed led the prosecutor to rise from his chair, claiming Shelnutt wasn't being truthful.
Post said he intends to use no more than 47 of the conversations, none of which exceeds 15 minutes. "Ladies and gentlemen, I'm not going to throw the cases out because you haven't had enough time to listen to the tapes," Peters said.
The judge will most likely hear the remainder of the defense attorneys' motions this morning before jury selection today. Opening statements are expected today or Wednesday.
posted by David Ross at 2:08 PM
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