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MILWAUKEE—AirIine passengers relaxed in the grass
outside Milwaukee’s Gen. Mitchell field terminal after it was
evacuated and closed down for three hours. An extortionist
A human being
Therefore salvageable
Because the Consti
tution guarantees a
speedy trial but
also permits deten
tion before trials,
crowded calendars
mean some suspects
may be imprisoned
for months before
ever having their
day in court. Some
people are trying to
change that.
By TOM TIEDE
PHILADELPHIA—(N EA)
—Lamont Jones, 23, was ar-
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The Furniture Shop, Inc.
123 North Hill Street 1
IS 9ft
Douglas Hollberg Complete Financing Hugh Hester
rested on a robbery charge
two months ago and his fu
ture looked decidedly grim.
Never mind if he was guilty
or not. He was unable to post
bail and so was sent to a
local detention center where,
guilty or innocent, he was to
serve time behind bars while
awaiting his trial.
How much time?
Two months.
Three months.
Ten months, or more.
“One time I was in deten
tion 10 months before I was
tried,” he says. “I know
guys who’ve been in for
more than a year before they
got to the judge. I heard
about one guy who was
stuck away and almost
rotted before they even re
membered he was there.”
It’s true. Sadly true. Ac
cording to the U.S. Constitu
tion, every suspected law of-
demanding SIOO,OOO threatened to blow the building up if the
money was not flown to Watermeet, Mich., where further
instructions were to be given. (UPI)
fender is guaranteed the
right to a speedy trial. But
the same Constitution also
allows authorities to restrain
suspects to the degree neces
sary to produce them in
court. Thus, when men like
Lamont Jones cannot pro
duce a personal guarantee
of court appearance (money
for bail), they are often put
in detention which is in fact
and function jail. And thus,
because the nation’s courts
are overwhelmed with crim
inal cases, detention delays
are often lengthy periods of
penalization before trial.
Fortunately for Lamont
Jones (name ficticious),
some observers feel the de
tention process is in itself a
crime. To correct the situa
tion, people and organiza
tions in 25 U.S. cities have
begun or are planning pre
trial diversion projects. In
Philadelphia, as example,
the city’s probation office
and the Philco-Ford Corpo
ration have teamed to insti
tute a process whereby at
least some (180 so far) peo
ple awaiting trial can be
grabbed out of the hands of
turnkeys and placed in the
hands of counselors.
The program here is called
the Philcourt Pretrial Diver
sion Program. Lamont Jones
is a beneficiary. Now, he’s
no saint. He’s been in jail
several times. He’s robbed
people, been on drugs, raised
hell most of his life. Yet, ac
cording to Philcourt, he’s a
human being and therefore
salvageable. Few days ago
his case was looked into,
while he was still in deten
tion. Bob Williams, a proba
tion officer who directs the
Philcourt project, decided
the young man was not on
the no-no list. (“Right now,
we don’t consider murder
suspects, sex offenders, ad
dicts or other people who
might be a danger to the
public”), and so, set the
wheels in motion. Authorities
agreed to release Jones to
Philcourt’s custody. “Just
like that,” says the sus-
pected burglar. “I was in
detention for nearly two
months, and just like that
I’m out.”
The rest of Lamont Jones’
release, for sure, won’t be
“just like that.” He has been
given psychological tests, as
signed a counselor and told
that he will have to do his
part if he doesn’t want to
end back up in jail. Phil
court workers are prepared
to give him an “in-depth so
cial evaluation,” education
evaluation, legal help and,
most important, employ
ment and/or job training as
sistance. The hope is that
Jones will cooperate, stay
out of trouble, learn, change
—and, with the help of a
sympathetic judge and pro
ficient job placement people,
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Page 5
wind up, eventually, soon, on
a steady job. in an educa
tional institution, or on other
stable ground.
To be sure, Lamont Jones
may not make it. Chances
are, in fact, he will flop.
Only 30 per cent of the Phil
court cases thus far (in six
months of operation) have
ended happily—that is, with
employment or school or job
training. Yet, as probation
officer Williams says: "Even
if he fails, we will have ‘
tried.”
There is, of course, a cer
tain amount, perhaps a good
amount, of risk involved in
trying to help pretrial prison
ers. All social workers have
bad dreams about the people
who take advantage of so
ciety’s benevolence. The rec-
— Griffin Daily News Thursday, August 31,1972
ords are stuffed with exam
ples of pretrial prisoners
who have been released, via
bail, or the judge’s determi
nation, or whatever, only to
stick somebody up, beat
somebody up or murder
their wives. Yet this is a
risk, Philcourt officers
agree, that must be taken.
Says Williams: “If you take
a guy out and try to help
him, you have at least a
chance at success. If you
leave him in there, the
chance is reduced.” Adds
one Philcourt client: “Lem
me tell you what you do in
detention. You sit around
all day, all week, doing noth
ing. Sometimes you play
cards. Sometimes you exer
cise. Sometimes you sleep.
You do this for a few months
and, finally, you go to trial.
Maybe you guilty. Maybe
not. Either way, you wanna
scream at the world.”
The risks of pretrial re
lease, moreover, seem justi
fied according to the funda
mental tenet of democratic
law: It’s better that 10 guilty
men go free than one inno
cent be imprisoned. A lad
named Larry Brooks was ar
rested in Miami a few years
ago on a charge of armed
robbery. He had no previous
record, but couldn’t make
bond, so was locked in the
Dade County jail to await
trial. He waited for 361 days.
When finally tried, he was
acquitted to the sounds of
courtroom sobs.
“Justice delayed is justice
denied.” A bromide. But
true.