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Criminal cases moving smoothly through Richmond County court system

Saturday, Jan. 25, 2014 11:48 PM
Last updated Sunday, Jan. 26, 2014 2:06 AM
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Nearly 3,000 people faced possible trial on felony charges in Richmond County Su­perior Court in 2013, and most saw the conclusion of their cases before the end of the year.

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Judge Sheryl B. Jolly listens as District Attorney Ashley Wright speaks at a bond hearing at the Richmond County Courthouse. Criminal cases once took an average of 494 days to close, but in 2013 the average was 169 days.   MICHAEL HOLAHAN/STAFF
MICHAEL HOLAHAN/STAFF
Judge Sheryl B. Jolly listens as District Attorney Ashley Wright speaks at a bond hearing at the Richmond County Courthouse. Criminal cases once took an average of 494 days to close, but in 2013 the average was 169 days.


Sandy Hodson
Database Reporter
E-mail | 706-823-3226

The Augusta Chronicle followed those criminal cases throughout the year to determine how long it took to close cases, which ones linger the longest and how each of the eight Superior Court judges handle their caseload.

Criminal cases once took an average of 494 days to reach a final resolution, but in 2013 the average was 169 days.

One of the sharpest turnarounds for the court is in the number of days that cases remain on its dockets. In 2013, that number for cases ending in conviction was 100 days; for those ending with dismissal or acquittal, it was 167 days; and for those still pending at the end of the year, 124 days.

“I am well satisfied with the way that the cases are progressing,” Dis­trict Attorney Ashley Wright wrote in an e-mail. “For many victims, the final resolution is the most important part of the process. It’s the step that allows them to let go and start moving forward.”

Cases involving victims are very important to stay on top of and ensure they are moving, said Superior Court Judge J. David Roper. But often, cases involving violent crimes with mandatory minimum prison sentences are the hardest to push, he said.

“Recently I was shocked that we actually had a murder plea. When you are assigned a murder case, you just assume it’s going to require a trial,” Roper said.

The most serious and violent cases are more complicated and have more issues the attorneys need to resolve, Wright said.

“Add to that the natural reluctance to admit to bad behavior and accept criminal responsibility, and you can see why those cases take a lot longer to resolve,” she said.

Of the cases that remained open at the end of the year, more than half were murder, armed robbery, child molestation cases, rape and drug trafficking.

All the Superior Court judges abhor cases pending for more than a year, especially when the defendant sits in the jail at a cost to taxpayers of about $50 a day, but they say they can only do so much to push a case.

Judge James G. Blanchard Jr. has a pending death penalty case that is 5 years old. In addition to the time-consuming series of mandatory, pretrial hearings, the case has been halted by a series of new defense attorneys, family deaths and other emergencies, mental evaluations and witness conflicts.

Still, at the end of the year only 25 of Blanchard’s 381 assigned cases were pending for more than a year.

Roper only had 23 cases pending for more than a year – including a death penalty case from 2009 – of his 437 assigned cases. But Roper had the highest percentage of pending cases at the end of the year, almost 51 percent.

“I’m not happy I’m the low man on the totem pole,” Roper said.

His core team of assigned prosecutors and defense attorneys from the public defender’s office work hard to move cases, he said.

“All the judges are trying to move cases, criminal cases, without a doubt,” said attorney Charles Lyons, who holds licenses to practice law in Georgia and South Carolina.

Cases move a lot faster in Augusta than across the river, he said, but one aspect he believes works better in South Carolina is that a defense attorney and prosecutor can go to the judge in chambers to hash out plea agreements.

In Augusta, several of the judges like to conduct status conferences, bringing both sides together in the courtroom to discuss the merits of the case and plea negotiations.

One development in 2013 caused delays in cases where multiple people were charged in the same indictment. The Georgia Su­preme Court ruled that attorneys in public defender offices could not represent more than one of those defendants if there is a conflict in presenting their defense – such as one defendant putting all the blame on a co-defendant.

After the April ruling, many people represented by the public defender’s office had to be reassigned to new, contract defense attorneys who needed time to learn about the cases.

Judge Daniel J. Craig is considering a minor change in managing his criminal caseload. He intends to use a system in which every case is assigned to a trial calendar after arraignment.

“That trial date will be the absolute latest week on which the case will be disposed. We’ll weight the cases based on charges and complexity in recognition of the average pre-trial preparation time that the type of case will require,” Craig wrote in an e-mail response.

While cases can be closed earlier than that trial date, both sides will have a deadline, which the judge believes can help attorneys with time management.

COURSE OF A CASELOAD

A total of 2,963 people accused of felony crimes were in Richmond County Superior Court in 2013. Here’s a breakdown by judge of how the cases have progressed:

 MICHAEL N. ANNISJAMES G. BLANCHARD JR.CARL C. BROWN JR.DANIEL J. CRAIGSHERYL B. JOLLYJ. CARLISLE OVERSTREETJ. WADE PADGETTJ. DAVID ROPER
TOTAL ASSIGNED390381364337404350300437
CONVICTIONS228222219170246222186180
DISMISSED3528302821292835
PENDING1271311151391379986222
PENDING AT END OF YEAR32.6%34.4%31.6%41%34%28.3%28.7%50.8%
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fishman960
1504
Points
fishman960 01/26/14 - 12:44 am
0
0
Blanchard

Yes Blanchard has a death penalty case that is 5 years old.
We are waiting for justice for Allen, Sharon, Allyson and her unborn child.

corgimom
41319
Points
corgimom 01/26/14 - 05:17 am
1
0
I would love to see the AC do

I would love to see the AC do a multi-part article about following a particular arrest through the court system, to illustrate just how it all works. It would be great to see it from multiple points of view, including the defendant's (after it was resolved, of course) and to illustrate how it all came about. Interview the arresting officer, the DA's, the defense attorney, etc.

The Charlotte Observer has done some of those, and they have been fascinating.

specsta
7530
Points
specsta 01/26/14 - 03:28 pm
1
0
The Structure Is Flawed

The problem is that a lot of these cases should have never been brought into the justice system in the first place.

The US incarcerates more citizens than any other nation on the planet. Most folks in jail and prison are there for non-violent offenses, in which no person was harmed or property was damaged. The court system believes the solution, which hasn't worked, is lock-em-up, lock-em-up.

Jail and prison should be for violent offenders.

For-profit prisons and for-profit probation companies taint the system at a root level. Financial incentives exist to lock people up, which is an affront to the core principles of our Constitution.

The entire criminal justice system must change - it is damaged beyond belief.

dichotomy
39305
Points
dichotomy 01/26/14 - 10:48 pm
0
0
"Jail and prison should be

"Jail and prison should be for violent offenders"

No.....jail and prison should be for anyone breaking any law...including shoplifters and drug possession. If you can't go to jail for it then it should not be against the law.....and the fact is even non-violent crimes are against the law and the only effective action that extracts any punishment is being locked up.

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