Another Victim of the Corrections Industry
Man Jailed for Over a Year Never Given any Lawyer
A man was jailed for more than a year without ever seeing a lawyer as he waited for a repeatedly postponed court hearing, gaining release only after a cellmate told an attorney about the case.
Walter Mann Sr., 69, was released Dec. 16 after a year and three months — more than twice the time he would have served if he had been convicted in his contempt-of-court case.
Mann's legal troubles began in 2002, when his 13-year-old son assaulted him and was sent to a juvenile detention center. Mann, who was unemployed and on disability benefits, was ordered to pay $50 a month for the boy's housing but never did, according to court records.
Prosecutors sought to have Mann held in contempt of juvenile court, which led to an order that he be brought before a judge.
The judge then incarcerated him in September 2004 for three warrants alleging that Mann wrote bad checks. Then he waited more than a year as his contempt case was postponed again and again.
"He wasn't lost in the system," said Sheriff's Department spokesman Sgt. Don Peritz. "We knew he was here ... we hold them until the judge says to hold him no longer."
An October 2004 court docket entry suggests the judge's order was lifted, but Sheriff's Department records do not show it being lifted or Mann's release ordered.
Had he been convicted in the contempt case, he would have served a maximum of six months in jail and faced a $500 fine.
His release came after cellmate Jim Brooks, 64, heard from Mann that he had never seen a lawyer.
"I said, 'Man, why don't you call your people?' He said, 'Nah, I don't want to bother them with anything,'" Brooks said.
Brooks, jailed on minor theft charges, told his public defender, who told another public defender, Shoshana Paige. She made several calls and Mann was released the same day.
"I was shocked, and then part of me was shocked that I was shocked because I've read enough other stories about things like this," Paige said. "This one seems to be pretty egregious."
Copyright © 2005 The Associated Press.
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I am reminded of a similar case at Cook County Jail in Chicago several years ago. They had a man who had been in jail for _seven years_ -- a couny jail yet -- who had never had any trial, had only been to court once or twice on preliminary stuff. The problem was he could not speak English and no one knew what he was saying. Police had brought him there on some trumped up charge, then got it off their books but no one ever dealt with it at the County Jail level.
After _seven years_ the jail happened to employ some young guy who spoke the same language. The new social worker spoke to this inmate and was simply astounded at the case. He got it before a judge that same day or the next. Police said the guy had 'littered the street' and 'refused to speak to them' (in a language they could understand, apparently) so they hauled him in to 'teach him a lesson'.
A man was jailed for more than a year without ever seeing a lawyer as he waited for a repeatedly postponed court hearing, gaining release only after a cellmate told an attorney about the case.
Walter Mann Sr., 69, was released Dec. 16 after a year and three months — more than twice the time he would have served if he had been convicted in his contempt-of-court case.
Mann's legal troubles began in 2002, when his 13-year-old son assaulted him and was sent to a juvenile detention center. Mann, who was unemployed and on disability benefits, was ordered to pay $50 a month for the boy's housing but never did, according to court records.
Prosecutors sought to have Mann held in contempt of juvenile court, which led to an order that he be brought before a judge.
The judge then incarcerated him in September 2004 for three warrants alleging that Mann wrote bad checks. Then he waited more than a year as his contempt case was postponed again and again.
"He wasn't lost in the system," said Sheriff's Department spokesman Sgt. Don Peritz. "We knew he was here ... we hold them until the judge says to hold him no longer."
An October 2004 court docket entry suggests the judge's order was lifted, but Sheriff's Department records do not show it being lifted or Mann's release ordered.
Had he been convicted in the contempt case, he would have served a maximum of six months in jail and faced a $500 fine.
His release came after cellmate Jim Brooks, 64, heard from Mann that he had never seen a lawyer.
"I said, 'Man, why don't you call your people?' He said, 'Nah, I don't want to bother them with anything,'" Brooks said.
Brooks, jailed on minor theft charges, told his public defender, who told another public defender, Shoshana Paige. She made several calls and Mann was released the same day.
"I was shocked, and then part of me was shocked that I was shocked because I've read enough other stories about things like this," Paige said. "This one seems to be pretty egregious."
Copyright © 2005 The Associated Press.
*** FAIR USE NOTICE. This message contains copyrighted material the
use of which has not been specifically authorized by the copyright
owner. This Internet discussion group is making it available without
profit to group members who have expressed a prior interest in
receiving the included information in their efforts to advance the
understanding of literary, educational, political, and economic
issues, for non-profit research and educational purposes only. I
believe that this constitutes a 'fair use' of the copyrighted material
as provided for in section 107 of the U.S. Copyright Law. If you wish
to use this copyrighted material for purposes of your own that go
beyond 'fair use,' you must obtain permission from the copyright
owner, in this instance, Associated Press.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtml
=======================================
I am reminded of a similar case at Cook County Jail in Chicago several years ago. They had a man who had been in jail for _seven years_ -- a couny jail yet -- who had never had any trial, had only been to court once or twice on preliminary stuff. The problem was he could not speak English and no one knew what he was saying. Police had brought him there on some trumped up charge, then got it off their books but no one ever dealt with it at the County Jail level.
After _seven years_ the jail happened to employ some young guy who spoke the same language. The new social worker spoke to this inmate and was simply astounded at the case. He got it before a judge that same day or the next. Police said the guy had 'littered the street' and 'refused to speak to them' (in a language they could understand, apparently) so they hauled him in to 'teach him a lesson'.
posted by Patrick Townson at 10:19 PM
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