Akron Beacon Journal, 18May1999

AKRON BEACON JOURNAL

Tuesday, May 18, 1999
Section: EDITORIAL Edition: 1 STAR
Page: A10\
Memo: Our Opinion

Judges and criminals seldom share the same view of the justice system. Summit County provides an exception. What has brought them together intellectually is the very system that brings them together in the courtroom. Too often in recent years, Summit County prosecutors have been too quick to prosecute too many people on charges too flimsy to stand up.

In his Akron Beacon Journal series "Justice for all?," reporter Bob Paynter went to the heart of what makes the justice system work: public confidence. Can a person get a fair shake? Will both the rights of the accused and the victim be given consideration?

How prosecutors walk the line between tough-minded and fair-minded prosecution can either enhance or undermine public confidence in the criminal-justice system. Court data, as well as personal horror stories, suggest that between 1995 and 1999, Maureen O'Connor's years as prosecutor, Summit County was not a good place to be a criminal -- or, for that matter, a comparatively innocent bystander.

O'Connor introduced the direct indictment program that requires felony cases to be taken directly to the county grand jury within 10 days of the defendant's arrest. Municipal court hearings, a potential safeguard against unsupportable charges, were eliminated. She called this getting tough on crime.

In addition, O'Connor's prosecutors, court data suggest, overindicted -- the practice of filing a large number of charges, some of which can be dropped in exchange for bargained pleas of guilt.

Instead of streamlining the justice system and making it more cost-effective, the result has been complaints both from judges and accused, through defense attorneys. While crime was declining, indictments were rising. Cases rejected by the grand jury dropped by nearly 60 percent.

Going forward with felony charges does not, however, mean felony convictions. Convictions rose from 1995 to 1998 but included plea-bargained misdemeanors. O'Connor, now lieutenant governor and state director of public safety, suggests victims were satisfied.

Victims are one part of the equation. The accused is another. The system is supposed to view a person as innocent until proved guilty. Direct indictment and over indictment have, at times, stood this on its head. Still, there is hope.

Michael Callahan, who succeeded O'Connor, has refused to criticize O'Connor or his assistant prosecutors, many of whom also worked for O'Connor. That's politically wise and good for employee morale. What is more important, though, is that despite this, Callahan has begun to alter the system.

As a common pleas judge, he heard cases that should never have come before him. By demanding that his prosecutors present to the grand jury significant evidence and have more than a glimmer of hope for a conviction in court, Callahan can reverse the trend of abusing the rights of the accused without shortchanging victims.

If the grand jury refuses to indict, the case doesn't have to end. The prosecutor can seek more information, through police, and re-file charges.

By being more judicious in the number of charges they file and the indictments they seek, prosecutors can recreate a justice system in which people at both ends of the spectrum can trust.