7 October 2008 – Astoria, OR, USA Somethings are difficult to understand. Wilfred Daniel was convicted of Rape and coercion of a 32-year-old woman with an intellectual disability, who was described as having teh mental capacity of an eight-year-old. Daniel was the woman’s supervisor at a warehouse job-site where she had a work placement. Daniel, however, did not go to jail. Instead, the judge suspended his eight-year sentence pending appeal. The victim’s family and District Attorney were outraged, and it isn’t hard to see why. Isn’t the judge supposed to see that the trial is run properly in the first place? If there are serious questions about the fairness of a trial, shouldn’t a mistrial be called before the jury reaches a verdict? This raises questions about what would have happened if the jury had voted to acquit. Does this suggest that a judge can wait to see what the jury decides, and if he agrees let it go, if he disagrees overrule. Such a system obviously trivializes the role of the jury.
There is an old American Folksong called Black Mountain Blues…
They say on Black Mountain, you can’t keep a man in jail…
If the jury finds him guilty, the judge will go his bail.
People accused of a crime have a right to a fair and balanced justice system, but sometimes it is difficult to see that the balance protects or even considers the rights of crime victims. For more on this story including excellent video, see Fox 12 Oregon.
Tags: intellectual disability, Sex offenders, sexual assault, Trial Appeals
