Sunday, July 22, 2007

Miscarriage of justice writ large

In today's WaPo, there's an article that totally infuriated me - and not just in the usual outrage-y way, but in the where's-the-justice way, in the incompetent judge way, in the child-advocacy way. Ok, here's what it's about: in Montgomery County (MD), a Liberian man was charged with raping and repeatedly molesting a 7-year-old girl over a year's period. He was brought to trial. Now, the judge, a Katherine D. Savage, is dropping the charges because over the three year period of the trial, the courts couldn't retain a suitable interpreter for him under the period acceptable to uphold speedy trial rights.

Other interesting facts:

- the accused [sexual predator/child molester scumbag] attended high school in Montgomery County, where presumably the standard operating language is English;

- the accused [sexual predator/child molester scumbag] was taking classes at a community college in Maryland, where presumably the standard operating language is English;

- a court-appointed psychiatrist recommended that "an interpreter be appointed." (WaPo, July 22, 2007). The court followed suit and was evidently bound by this recommendation. I have to wonder why the shrink recommended that, why the justification.

- Montgomery County cannot retry this scumbag again for these charges;

- WaPo claims to have found at least one agency that could provide Vai (a tribal language spoken in Liberia & Sierra Leone) interpreters at short notice.

- the prosecution not only had DNA evidence against the accused, but eye witnesses to the crimes.

- the accused is free to go now.

The prosecution will probably appeal, but what the hey - the guy is free as a bird to rape and molest again, and the victim has received absolutely no justice under our wonderful legal system. The scumbag's rights were upheld, the victim's were - well - at best, theoretical. Now she and her parents must live in the fear that this rapist (a relative, no less), is released back into her community.

The moral of the story? Let's see...If you're raped, make damn sure your rapist speaks & understands English, and understands that what he was doing was actually wrong (that wasn't brought up in the article, but judging from the incidence of rape by all types - UN "peacekeepers", child soldiers, other soldiers, every other Moslem male, etc, in many parts of Africa, I'll make the leap that the accused was bringing up the cultural variance defense). Or maybe: we gratefully import poverty, crime & all sorts of predation in the name of a multi-culti sense of diversity - and our courts happily evidence the kind of incompetence and disfunctionality existent in the courts in countries from which these criminals come. And if you're a kid, you quite literally screwed. Your parents can't protect you everywhere, not even (especially???) from predatory relatives. The courts won't protect you either.

Our justice system, specifically in Montgomery County, specifically in the court of Judge Savage (interesting name, huh, considering the case and her action in it?), failed miserably in bringing to justice a heinous criminal and henceforth, failed in protecting not only this 7-year-old from further injury, but other children who are vulnerable to this free violent criminal. I would not be surprised, nor particularly troubled, if this community took it upon itself to exact a justice unanswered by our supposed rule of law.

A further thought: perhaps the moral of the story is to promptly kill your or child's attacker, because the court system, especially certain judges, will focus solely on the constitutional rights of the accused and disregard the wellbeing of the victim and society at large.

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