Plea bargains needed to face court realities

Friday, May 02, 2008 - 02:44:43 pm CDT

In the week since 27-year-old Bryan Groene pleaded no contest to attempted first-degree assault in Platte County District Court our legal system -- judges and prosecutors -- has been second-guessed and berated.

Worse are speculations that the victim, Randall Scott Michalak, 22, was somehow deserving of what happened to him outside an 11th Street bar Aug. 10, 2007.

The one absolutely clear fact is that no one deserves to end up blind and otherwise impaired as Michalak now is. Only an extremely distorted street justice view could allow this conclusion.

One oft-stated view of our judicial system is that it would be better for a million guilty men to go free than to imprison one innocent one. This is the black and white standard that our justice system is built upon.

But in the tangled web that preceded Mr. Groene’s day in court, Platte County Prosecutor Andrea Belgau apparently encountered much that was gray, hazy, perhaps even contradictory.

We fear too many people want simple, unforgiving Old Testament-style justice -- an eye-for-an-eye, tooth-for-a-tooth outcome.

The justice system we have in America is based upon proving “beyond a reasonable doubt” that someone is guilty. The public, unfortunately, has come to expect nice tidy scenarios along the lines of the “Law and Order” or “CSI” television shows that wrap everything up in a neat package in less than 60 minutes.

Reality dictates otherwise.

Witnesses stories might not match up. Physical evidence might be lacking. A victim, while a sympathetic figure, might be enmeshed in a larger, more complex picture that would come into a jury’s view during a trial.

All of these elements combine to lead Ms. Belgau and other prosecutors to weigh what they are confident they can prove beyond a reasonable doubt against the vagaries of what a jury of an accused’s peers might perceive or a judge might rule.

The accused must weigh his knowledge of the crime against what he thinks that same judge or jury might believe.

The complex confluence of facts, law, intuition and believability result in plea bargains that might seem inadequate to outside observers. Indeed, if all facts were fully evident, the outcomes might be different, but all facts are seldom if ever known.

What we, the observing public, must realize is that a plea bargain means the accused has, to some extent, taken responsibility for his acts and accepted the fact that a judge will mete out punishment.

Victims and their families also are advised and consulted in plea bargain cases.

Finally, we are confident that neither Ms. Belgau nor her peers accept or propose a plea bargain as a matter of expediency.

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n
May 2, 2008 4:33 PM
Now your getting somewhere. Is that all you have to do is ask? My compliments on a well written, less biased article.
phreakwars
May 3, 2008 12:47 AM
Nice editorial, but you gave it no closure statement summary and hypothesis/opinion. But I do agree with it. People need to understand exactly what NO CONTEST means. And how a plea bargain speeds up the judicial process. You can't take everyone and lock em up and throw away the key because they did something wrong. The best case scenario will ALWAYS be one, where the defendant AT LEAST owns up to the allegations against them and are willing to accept the punishment given to them. What more could you possibly ask of any human but to admit their faults? The punishment for crimes is something that was set by Nebraska law makers. It was meant to show mercy while endorsing a policy of public decency and justice. People make mistakes, we are not the decider's of their ultimate fate, we are just enforcers of social civility. A precedence has been set by lawmakers on how to handle "the accused" be glad those laws trump the thoughts of vigilante justice and public outrage. They keep our society a progressive one.
drak
May 3, 2008 2:10 PM
I may be wrong here - but - the extent of the use of plea bargins in this county seems to be higher than other counties. This maybe what sme people are upset about. I have to agree that there is a use for plea bargins in some cases.
BigJohn
May 4, 2008 4:41 AM
After personally reviewing a couple of recent cases that were prosecuted by Ms. Belgau, I have come to the understanding that she is either too busy to properly investigate the accused or is inept at her job. Say what you will but, if she was in private practice, she would starve to death. I feel sorry for the citizens of Platte County. Her office is totally inept at prosecuting, investigating, or providing proper protection for the citizens of Platte County. Some of her pleas and actions should be investigated by the State of Nebraska Bar Association. I'm totally dismayed with her performance.
Realist
May 4, 2008 8:26 AM
Plea Bargains are necessary for some cases and situations. It does help with the city and the possible costs that may occur because some defendents have the money and power to have their case tie up our judicial system. Some hope that the case becomes lost paperwork wise or we as a county are tired of fighting and just want to get a "guilty"plea. That may work for some and it is effective if you have the right people for the job. Our county attorney is not the right leader for the job and I feel that is why many others are not also happy with her. Many cases are plea bargained and it is sucessful, but how they agree on the the plea bargains are not slaps on the wrist like our county attorney. We may have a high conviction rate in our county but it is a conviction rate that states you can get out scott free from a felony or misdemeanor. We have a joke for a judicial system and I am not talking about our judges. We have strong and stern judges who are fair, but the incompetence that has become of the prosecutors only lets the judge do so much. Anyone of us can put the wood or the books to a small offender like what happens in platte county, but when you look at the convictions that should send a message to anyone who wants to do wrong or try to get away with it in our community, it is a message of "Hey, you can get away with it here" or "if you have the money then you will not be punished!" I am tired of out county attorney doing things like being a president or whatever it is for the state of Nebraska county attorneys coutnry club parade because she needs to send a strong message here and work on the problems that arising here in our community. Our cops do a fairly good job but it is also known that if you want to do drugs or commit a crime in the state, go to columbus. Time to vote her out for the betterment of our community!
Clifton P. Juarez
May 4, 2008 5:00 PM
We should just all march off to prison right now for life. That is where we are headed. There is absolutely nothing left that a person can do or not do that is not illegal in one shape, form or fashion. Plus, once we are all in The Hoosegow for life, there won't be anyone left to put any more folks in Pokey. Just hope someone remembers to bring us food and water and stuff.
Magenta
May 5, 2008 11:34 AM
Plea bargains, if used with discretion, are beneficial to everyone. If this case were to have gone before a jury, there is always the possibility that Groene would have been found "not guilty", there could be a "hung jury" or, heaven forbid, a mistrial. All three choices would have resulted in less punishment for him than he is currently facing. And at a much greater expense to the taxpayer.

Do I think Groene deserved a stronger sentence? Definitely! Is it worth the risk of losing everything? No.
samIam
May 5, 2008 4:13 PM
I would be interested in knowing what type of "bargaining" went into this plea.
What was offered what was countered and how much negotiation took place. Was there a line that she would not cross? Did she get more time than this?

I don't know the answer to these questions perhaps if I did I would feel less like the defense got the better part of the deal.
Over Charges
May 6, 2008 3:15 PM
I would think this approach causes Innocent people to go down for crimes they may not have committed.

True story: I was outside a bar, talking to friends, not drunk .066 bac, causing no trouble. I cop knocks on my shoulder, and the next thing I know I am arrested. I was nice to the cop and he even said so.

On the ticket they accuse me of getting in a fight, as the bouncer said they had to kick me out. I had not even been in the place. The girl I was talking with was for Kansas and said that I had not even talked to anyone else as I was just getting there. The prosecutor calls and says that they will reduce it so I pay a $50 fine + Court costs and it is like a parking ticket.

What do you do? Take off work, losing $200 in wages, hire a $500 lawyer and have the witness skip work and drive up from Kansas, or pay the $100 and have it go away?

Spend $1,000 to have the truth come out or $125 and keep a friend from going though the trouble.

…and yes this is a 100% true story if you want to believe it, and I am sure I am not the first one for this to happen to.
FAIR
May 6, 2008 8:57 PM
First of all it is best not to try and become a victim to our court system. Fairness dosen't apply and has no meaning in our court system. Plea bargaining is a tool used in an efford to put some ease on the courts case loads. Even though platte county's att. Has made a few bad decisions. But she is not alone. Cost is a big factor otherwise know as tax payers money at work. GEE What class of income will benifit the most?
not me
May 7, 2008 1:07 PM
overcharges; if your story is true and it were me, I would be taking off of work to clear my name. No amount of money is worth something on my record that I did not do. You probably earn vacation time or perhaps personal time at your job, maybe you could make up the time. Anything other than saying yes, you did it and are admitting it. Think more of yourself than than, you just added to the tax coffers and the citizens thank you.
SouthSideRes
May 8, 2008 6:29 PM
To not me, you talk the talk now, but if you find yourself in a legal situation I bet your tune changes drastically. You'll do whatever it takes to make a nightmare situation go away no matter how much or how little guilt you may have. Until you've walked the walk you've got no room to talk about what you would do if...

I have no idea what the exact numbers are, but there are a lot of people in Columbus who've got "entries" on their legal record that shouldn't be there, but they are because the time and money just aren't available in order to fight the charge(s).

For whatever reason, any cop can give anyone a citation and from that point on, you're stuck in the legal system until the issue is resolved.

Because someone used my address, I was threatened by animal control of getting a citation for having an unlicensed dog, and I've never owned a dog in the 37 years I've lived here.