MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

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ment” will. be recommended. But is Friday morning. I fear what may
what witi the judge do? There are only happen to him ov& the weekend. The
two choices: prison,. where he will be court psychiatric unit is called. a
tormented ‘and perhaps beaten by “‘We’ve got people backed up for a
strong young thugs, or the street. month,” the doctor tells me, “Even if
1 took Randolph out of turn I
fat in the Jailhhouse
couldn’t see him until next week.”
When he does see Randolph it will be
Most of the prisoners brought a 45xninute examination. A vofuntary
before me are young-under 30. I also hospital commitment seems to be the
see children who are charged with only :&eguard, But at least he will be!
homicide, They are denied even the watched for ten days. Gratefully,
nominal protections of the juvenile Randolph promises to go at or+ to
court and are “processed” as adufts. the mental health clinic. What will
The 14yearrold accused, of slaying happen to him: after the tenday
another child in a gang rumble; the period?
&year-old dope addict who, surprised There is no time to wonder. The’
while bur@rizing a house, panicked next case is waiting.
and shot the unwary owner; ,the girl It k, 3 sultry day. When the ancient
lobkout for the ‘gang, who is accused air conditioner is turned on ti cannot
of conspiracy and murder. Matly of hear the testimony. When it is turned
these children are themselves parents. off the room is unbearzibie. At 445
Can they be turned back to the p. m; I ask hopefully, “Have we
streets? I refuse bail for an illiterate finished the list?” But no, there is an
1 S-year-old accus&i ‘of. murder and. application for a continuance on an
note on the bill of indictment that he extradition warrant. The papers from
be required to attend school while in the demanding state have not arrived.
detention. I .ask the court-appointed It is a routine, daily occurrence.
lawyer to check with the wardenand I look around the courtroom. By
see that the boy is sent ,to class. But is this hour only the court personnel and”,
there a class in remedial reading at the a few policemen and detectives are
detention center? Who would pay for present. “Where is ,the defendant?” I
it? Not the overburdened public .inquire. The prosecutor does not
schools or the understaffed prisons. It know. He is not responsible for .pro- s.
is not a project likely to find a ducing him. The defender does not
foundationgrant.
have him on his list. “Is he in
A perplexed lawyer petitions for a custody?” I ask. We’ all search the
second psychiatric examination for his records and ~discover that he, was.
client. The court psychiatrist has arrested more than five months ago.
found him competent to stand trial There is no notation that bail has ever
but the lawyer teils me his .cl.ient been set. No private counsel has
cannot discuss the case with him. entered an appearance. ‘A deputy
Randolph; who is accused of assault sheriff checks and reports that he has
with intent to kill, attacked a stranger not been brought up from the prison.
in a bar and. strangled the man, almost The computeritcd records show th;rt
killing him. Furtunateiy, bystanders this man has never had a, he&rig.
dragged Randolph away. I ask to Hardened as we are, the prbsecutor,
speak wirh: Randolph. A big, neatly the defender and’ I are’ horrified that
diessed Negro steps up to the bar of someone should be sitting in jail all
the court. He speaks softly, “Judge,” this time without ever having, ‘had an
he says, “I’m afraid. I need help.” opportunity to ‘say a word. is he, in
Randolph is out on bail. This is his fact, the person wanted for an offense
fust offense. He has a good work allegedly r;ommitted years ago and
record. He is. ‘married, has two hundreds of miles away? Was he ever
children, and lives with his family. It there? Is he a stable member of
The U’ahington SfontMy~Febtuary 1975 37