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What's the holdup in court?
Posted: 04.26.2011 at 6:21 PM
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KIRKSVILLE, MO -- Have you ever wondered why some criminal cases seem to drag on for months or even years? That’s the question we took to Adair County Prosecutor Matt Wilson.     

A change in the attorney, public defender, or judge can delay a case going to court. Because of the population in this area, defendants automatically have the right to a change of judge and venue, which slows down the process of getting to court.

“It has absolutely nothing to do with money in fact, the majority of our cases that take longer are with public defender represented clients and so those are people who are found to be indigent and so by definition have little to no money,” Wilson said.
    
Public defenders cover multiple counties and hundreds of cases at a time.
    
Wilson says his office makes their recommendations early in the case and works with law enforcement to get information to send to the defense attorney.

“We have a duty to protect both victims and defendants right to a speedy trial, and that is a priority for us. We still have to work through, for instance, in three weeks I have a case that's been pending for two and a half years. I've only been in office for a year. That's too long,” Wilson said.

But, it's easier said than done because the prosecutor is only one third of the equation. The scheduling also has to work out with the judge and attorney or public defender.
    
By the time Adair County Presiding Judge Russell Steele takes care of his law days in Adair, Knox and Lewis counties, along with required trips to St. Charles County, he only has nine days a month to try cases.
   
Sine cases are allowed to be continued before finally being set for trial.  In those instances, the victims and defendants right to a speedy trial just wash away.
    
Wapello County Attorney Lisa Holl says some criminal cases take so long because of an ongoing investigation. In a detailed case, there might be more witnesses to interview or evidence to sort through. That means attorneys need more time to prepare depositions and things of that nature.

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