Wednesday, March 04, 2009

The Levy Case

I'm glad they have charged someone for raping and murdering Chandra Levy.

They'll never get a conviction, though, not if they try the case in DC.

I've been a juror in a murder trial here. Prosecutors have three big hurdles in this case:

They have no physical evidence linking the suspect to the crime.

The evidence consists of alleged confessions made by the suspect to other criminals...credibility is a problem. Unless the suspect's partners in this crime come forward and serve as eyewitnesses to the murder, this is a problem.

But the even bigger issue and one that is not going away is that the African-American community in Washington has a deep distrust of the police. Did I say deep?

In the murder trial I served on there were eyewitnesses and there was physical evidence. The trial ended with a hung jury. Why? Some jurors -- mostly African-American women -- were not willing to believe the police. In the trial I served on, the defense attorney didn't even present a defense, he just nursed that doubt of the police and the witnesses (who were all drug users, therefore, he argued, not reliable eyewitnesses) during cross examination. That was enough.

In the Levey case, from what we've seen so far, the prosecution has to deal with a faulty police investigation that has been well documented by the Washington Post. Unless the atmosphere in the community has changed, I don't think they can do it.

I hope I'm wrong. I feel for Chandra's parents and all they've been through. Unfortunately, it's not over.

2 comments:

Anonymous said...

I think this is a problem across the nation. The organizations and governments that are there to protect and defend have grossly abused their powers and earned a ton of distrust among the citizenry.

Fortunately, that allows our system to be more cautious with prosecutions. Unfortunately, it allows those who are guilty to go free from punishment often times too.

I hope for the Levy Family, this goes quickly and without fail of their daughter's trust.

-C

Anonymous said...

Just to be fair, I'm white as white can be and I don't necessarily trust the police when it comes to making criminal cases. For me it comes from watching travesties of justice in drug cases and such -- Radley Balko has a cornucopia of information on these things (http://www.theagitator.com/) -- and the trickle-down effect of all that is to render their use of jailhouse informants suspect in all cases.

And, actually, jailhouse informants should be suspect testimony in all cases. They do tend to be quite motivated.