<font size="2" face="Verdana, Helvetica, sans-serif">If this incident in any way, shape, or form, involved a police officer or the 14 yr old was white, witnesses would of came out of the woodwork. The pres would of been all over it.Tuesday, December 7, 2004
Nine witnesses skip murder trial
Judge threatens jail time, delays case of 14-year-old
By Sharon Coolidge
Enquirer staff writer
David Harris, 14, is escorted Monday into the Hamilton County Common Pleas courtroom of Judge Patrick Dinkelacker, where Harris faces trial on murder charges. The prosecution was forced to seek a continuance.
The Enquirer/Gary Landers
Zoom
A Hamilton County judge postponed the trial of a 14-year-old boy accused of killing two men Monday after nine witnesses scheduled to testify didn't show up.
Common Pleas Court Judge Patrick Dinkelacker pushed back David Harris' trial until January and said he would do everything he could to help both sides move the case to trial - even jailing witnesses needed by the state in their prosecution.
Witnesses who failed to show up Monday were not threatened or intimidated against testifying, which has been a persistent problem in murder trials, said Assistant Hamilton County Prosecutor Mark Piepmeier.
In this case, he said, the witnesses "just don't care."
Dinkelacker said, "Unfortunately this is something we see all too often." Last year, Dinkelacker jailed a woman when she failed to show up and testify against a man she accused of raping her.
Piepmeier, who said he won't accept the no-shows, thinks the problem stems from a lack of respect for the justice system.
"They run the streets, they are never taught right from wrong," he said. "They don't think the murders are wrong - it's just how they deal with problems."
Harris is believed to be the youngest person charged with murder as an adult in Hamilton County.
He has pleaded not guilty to charges of aggravated murder, murder and two counts of aggravated robbery.
Harris is accused in the unrelated fatal shootings of George Vance, 27, and David Hutchinson, 20.
The men were shot four days apart in May in Over-the-Rhine. The nine witnesses, all civilians, were witnesses to one or the other of the killings, Piepmeier said.
Officials handed subpoenas - orders requiring them to come to court - directly to four of the witnesses. The other five had subpoenas delivered to their homes. Law enforcement officers generally deliver subpoenas to witnesses.
The witnesses could not be reached Monday.
Failing to answer a subpoena can be ruled a crime of contempt of court, a misdemeanor carrying a penalty of up to 60 days in jail.
In this case, Piepmeier said the witnesses would get a second chance, with each being hand-delivered a new subpoena.
And if the witnesses fail to show up Jan. 21, Piepmeier said he would ask Dinkelacker to hold them in contempt of court and have each arrested.
"We may have to bring them in handcuffs," Piepmeier said. "I don't know how effective they will be, but we will do it."
Testified at hearing
Prosecutors need the witnesses to make their case.
Many of the witnesses testified in Hamilton County Juvenile Court during a hearing to determine if Harris would be tried as an adult. That testimony possibly could be used at his trial.
But time is running out.
Prosecutors must begin Harris' trial by Feb. 5, or they could be forced to dismiss the charges.
"I hope the people honor their subpoenas. It's important for us to get to the bottom of what happened," Connelly said. "We can't do that without everyone's full cooperation."
Cincinnati Police Detective Bob Randolph, who investigated the killings of Vance and Hutchinson, said he is confident the witnesses will be located.
Although Piepmeier doesn't believe the witnesses were threatened into not testifying, ensuring that witnesses show up for court has been a priority this year for the Hamilton County Prosecutor's Office.
In July, Hamilton County Prosecutor Mike Allen, with help from Hamilton County commissioners and the state Attorney General's Office, started a witness protection program - the first of its kind in Ohio.
'A moral obligation' Lucy Logan, who started the group Who Killed Our Kids and works with police to help solve homicides, said she was sad to hear that witnesses failed to show up. But she was not shocked.
Witnesses failing to go to court has been an ongoing problem, said Logan, whose son was killed in a 2002 Cincinnati homicide that has not been solved. Nine witnesses not showing up, however, "is pretty unbelievable," she said.
Logan said that ensuring that witnesses show up for court is a daunting task. She said she believes officials must develop a relationship with witnesses to encourage their cooperation. They need reminders and sometimes help getting to court, Logan said.
"The police don't have time to do that," Logan said, "so, they really have to rely on people having a moral obligation."
E-mail [email protected]
Notice the the "Rhyming Reverends" and the rest of the Over the Rhine areas. When You give a fuck of what is going on in your community, then maybe someone else will. Until then, don't ask for more money, don't waste your time with boycotts, don't blame everyone else for your problems.
9 witnesses not showing up does seem a little bit odd.
Think maybe they got together on not showing up?
In a related story I'd like to congratulate all those who registered to vote this year, as you are now eligible for jury duty.
<font color="#a52a2a" size="1">[ December 07, 2004 11:00 AM: Message edited by: cincygreg ]</font>
I was allowed to vote at age 21. I have voted EVERY year since then (45 years, for those of you who are counting) and I have NEVER beeb called for jury duty. Mr. Sluggo has been called two or three times. What gives???? [img]confused.gif[/img] [img]graemlins/wonder.gif[/img] [img]graemlins/thinking.gif[/img] [img]eek.gif[/img]
Well the size of the pool just increased by a large margin, so your chances ae even better of not being called. I dont about about the process Sluggo, I have been called once myself by was so far down the list that all I had to do was go to selection and that was it.
<font size="2" face="Verdana, Helvetica, sans-serif">same here...never so much as a summons for me, yet Ken has gotten 3 of them.Originally posted by Sluggo:
I was allowed to vote at age 21. I have voted EVERY year since then (45 years, for those of you who are counting) and I have NEVER beeb called for jury duty. Mr. Sluggo has been called two or three times. What gives???? [img]confused.gif[/img] [img]graemlins/wonder.gif[/img] [img]graemlins/thinking.gif[/img] [img]eek.gif[/img]
It COULD be due to the fact that there are still men out there who believe that women should NOT have the right to vote. [img]graemlins/thumbs_down.gif[/img] [img]frown.gif[/img] [img]graemlins/wilted.gif[/img] [img]graemlins/grrr.gif[/img]
<font size="2" face="Verdana, Helvetica, sans-serif">What are you talking about?! Maybe if you put the Jameson's down for a little while you might have a clear thought or two.Originally posted by Sluggo:
It COULD be due to the fact that there are still men out there who believe that women should NOT have the right to vote. [img]graemlins/thumbs_down.gif[/img] [img]frown.gif[/img] [img]graemlins/wilted.gif[/img] [img]graemlins/grrr.gif[/img]
The jury selection process is completely random. There were plenty of women down there for jury duty. You should consider yourself lucky that you haven't been picked for jury duty. In my time down there, other than being bored outta my skull, I have sat on two cases. Neither of which you particularly would have cared for.
<font size="2" face="Verdana, Helvetica, sans-serif">I wonder if it has anything to do with the drinking problem and the wild partying?Originally posted by Sluggo:
I was allowed to vote at age 21. I have voted EVERY year since then (45 years, for those of you who are counting) and I have NEVER beeb called for jury duty. Mr. Sluggo has been called two or three times. What gives???? [img]confused.gif[/img] [img]graemlins/wonder.gif[/img] [img]graemlins/thinking.gif[/img] [img]eek.gif[/img]
[img]tongue.gif[/img]
Off topic: I have been a registered voter since 18 and have never been called either. Hubby has been called 2 or 3 times.
On topic: Gae I hope they are jailed. Maybe it's just me, but if I witness a crime, I have no problem testifying. Over the summer, I saw an accident. The old guy was clearly at fault, but he was giving the girl a kind of hell. I gave the girl my number, just in case. The cop called me that night and I figured it was over. I ended up having to go to court. I guess the old man was betting that myself and the other witness would not show up. Dinklelacher was the judge, and he read the riot act to his guy for wasting everyone's time. I like Dinkelacher, I had planty of time to watch him while waiting for our case.
<font size="2" face="Verdana, Helvetica, sans-serif">GS is right, Sluggo. It's random.Originally posted by Sluggo:
It COULD be due to the fact that there are still men out there who believe that women should NOT have the right to vote. [img]graemlins/thumbs_down.gif[/img] [img]frown.gif[/img] [img]graemlins/wilted.gif[/img] [img]graemlins/grrr.gif[/img]
I had jury duty 30 years ago and haven't been called since. Erin had her turn last month.
Bob has been registered here since '97 and has never been called.
But, getting back on topic...
I heard on the radio (so we all know it must be true) that the judge hearing the case (Dinkelacher??) has ordered the witnesses to be rounded up and jailed until January.
Posting Permissions
Bookmarks