Lawyer Game Nullifies System

Wed., Aug. 2, 2000

Robert W. Webb Special To Opinio

Before I retired four years ago, I spent 25 years in law enforcement. I was both a patrolman and detective for the Spokane Police Department.

During my career I participated in a number of pre-trial evidentiary hearings.

If I remember correctly, I had been taught that evidence was anything that points to the truth of the matter at issue. I had thought that the truth would be the goal of any court action.

However, I saw where the truth was not as important as suspects’ rights or lawyers’ rules. I have watched cases where the truth - and therefore justice - was removed from court because suspects’ rights were violated or lawyers’ rules were broken.

Victims’ rights violated by the suspect were of absolutely no concern. Truth and justice became proper terms for lawyers to throw around, but they had no meaning.

Several weeks ago, my wife and I ran into a person I know who works for the public defender’s office. As we talked he was pulsating with excitement.

Why was he so excited? He was fired up because he felt his office had a good chance of attacking a search warrant used in the case of 9-year-old Valiree Jackson’s murder. He was happy that the warrant might be struck down. Obviously the evidence obtained as a result of this warrant would then be removed from the court process.

It goes without saying that if enough evidence is removed truth and justice are lost forever. That, however, is the lawyer game.

In this case, the defense lost. I believe they lost because law enforcement and the prosecution did not violate the suspect’s rights or break any lawyer rules.

On the other hand, their loss was not based on the fact that a victory may have driven the truth from the court process or made justice impossible.

A system that does not hold truth and justice as its highest priorities is willing to hold meaningless the killer’s stripping of all human and constitutional rights from the murdered victim. The violation of one or two of the accused killer’s rights however, will bring lawyers jumping to their feet with rage.

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