Trying Again
Very slowly but surely we are getting back to trying cases. Our first two jury trials in more than a year were scheduled for this week, but one case was reset because the defense said it was not ready and the other case pled.
Two specially designed courtrooms on the 4th floor of the CJC at 201 Poplar have been created to hold pandemic-era trials. They have multiple glass partitions and room for social distancing to meet the safety requirements of the Tennessee Supreme Court.
More trials are set for May and the hope is that all 10 Criminal Courts will soon be in use as safety restrictions gradually are being lifted. The judges aim to be holding trials in their own courtrooms effective June 1.
Getting back to the business of trials will go a long way in fulfilling our mission of pursuing justice.
Also, the Grand Jury, which has heard from virtual witnesses for the past 12 months, plans to return to live witnesses in May.
United We Walk
Despite some wet weather, the third Unity Walk Against Gun Violence drew 363 participants this month in Frayser. They shoot in the rain, so we’ll walk in the rain if we must.
The 1.9-mile walk began at Martin Luther King Jr. Prep Academy on Dellwood following remarks by myself, Mayor Strickland, Interim Police Director Mike Ryall, Rep. John Gillsepie, DeAndre and Vinessa Brown, and Pastor Ricky Floyd.
The message we all shared was that walking is just the start and that we all should then go out and make a difference, counsel young people, report criminal activity, start a Neighborhood Watch and know your neighbors. Violence is not the answer.
Stevie Moore and Bill Gibbons came up with the community Unity Walk idea last year. Look for more to be held around the city in the coming months. I hope you’ll join us.
Restoration Saturday
Many of you have been asking about our Restoration Saturday event – where several organizations gather together for a one-stop-shop to help resolve child support issues, restore driver's licenses and expunge eligible convictions related to Shelby County. We haven’t been able to gather under one roof because of the pandemic, but we want to let you know that what’s done at Restoration Saturday can be done any day of the week.
Here’s how:
Expungements – On our website, you can find a document that contains an inclusion list, exclusion list and criteria that must be met to start the process of petitioning for an expungement. Once you complete the form, the checklist and the required documents must be given to the General Sessions Court Clerk or Criminal Court Clerk depending on where your case is located.
If you have any questions or need clarification, please contact either of these offices. They work closely together and will be able to assist you with whatever you need.
Traffic Citations and Driver’s Licenses: The Memphis City Court Clerk’s Office is responsible for the collection of any fines or fees associated with tickets issued by the Memphis Police Department. They have several programs to help individuals pay off overdue tickets.
Child Support – Many people might have their driver’s licenses revoked because they owe child support. Maximus Child Support works with the Memphis City Court Clerk’s Office to determine if this is the case.
In the News
Interview with DA Weirich on gun crimes
Five Indicted in Arlington Residential Homicide
Ex-Boyfriend Indicted in Murder, Kidnap
Neighbor Indicted in Homicide, Arson Case
The Risk Business
About two years ago, ongoing efforts to reduce the jail population added a measuring tool called Pretrial Risk Assessment (PRA). The idea was – and remains – to give judges and judicial commissioners some additional guidance on determining a defendant’s likelihood to show up for court hearings and the probabilities that they will commit another crime if released.
The tool is advisory and was meant to supplement, not replace, state statutes on bail bond. All defendants are entitled to a bond under the law, with the exception of those charged with capital first-degree murder.
The PRA considers age, criminal history, education, income level, family history and zip code. I’m not sure judges and judicial commissioners are consistently factoring in the safety of the community, particularly the crime victim.
Two recent cases: a convicted felon with a handgun was released on a bond set at $1,000, despite having six prior felonies. Six.
Even more troubling was the case of a 40-year-old man who was arrested in March while beating and kicking his former girlfriend after breaking into her apartment by smashing the living room window. He told the victim he was going to kill her.
A judicial commissioner set his bond at just $5,000. He was out of jail in three days, and less than a month later he returned to the victim’s apartment, beat her in the head and face with a pistol, drove her around for three hours, and then returned to the apartment where he raped her. His new bond is $200,000.
Low bonds or ROR bonds should be reserved for low-level offenders so they are not waiting in jail for their cases to be handled. With violent offenders, we need to focus on higher bonds so they cannot continue to victimize the community. Bail bond reform must never lose sight of the victims in these cases.
Looking Back at National Crime Victims’ Rights Week
Last week, we recognized National Crime Victims’ Rights Week, a week dedicated to promoting victims’ rights, honoring crime victims and recognizing those who advocate on their behalf.
Our fabulous Victim/Witness Unit put together a video of what victims and witnesses can expect when they come down to 201 Poplar for a court setting. It can be seen here.
In May, we will be producing a video in Spanish for our Hispanic victims and witnesses. Stay tuned for the release date.
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