News (Media Awareness Project) - US LA: Lawsuit Could Force Changes At Rapides Drug Court |
Title: | US LA: Lawsuit Could Force Changes At Rapides Drug Court |
Published On: | 2001-07-11 |
Source: | Times-Picayune, The (LA) |
Fetched On: | 2008-09-01 01:53:39 |
LAWSUIT COULD FORCE CHANGES AT RAPIDES DRUG COURT
ALEXANDRIA, La. (AP) -- A lawsuit contends that Rapides Parish is
improperly referring all drug-related cases to specialized drug
courts, whether the defendant wants to participate in the program or
not.
Generally, defendants go to Louisiana drug courts only if they have
agreed to plead guilty -- the idea being that defendants who admit
their problems are rewarded with the opportunity for sentences that
focus more on treatment than incarceration.
The Rapides Parish drug court, however, allows defendants to plead
not guilty, and one judge, Tom Yeager, presides over all drug court
cases.
"The judge handling the (drug) court is not supposed to be trying the
cases," but rather should focus only on sentencing and treatment,
said Glenn Cortello a defense attorney who filed the lawsuit for
McKenzy Celestine.
A person who does not wish to plead guilty or seek treatment should
have the opportunity of a trial assigned randomly to a judge, without
any drug court involvement, Cortello said.
Yeager said he could not discuss pending litigation.
Cortello contends the Rapides Parish system also violates a state law
preventing one judge from trying certain types of cases to the
exclusion of other judges in the district. All other types of
criminal cases are randomly assigned.
Cortello's lawsuit asks that Celestine's case also be randomly
assigned. A hearing is scheduled July 16. Cortello said he plans to
file similar motions on behalf of other similar situated defendants
in the next week.
ALEXANDRIA, La. (AP) -- A lawsuit contends that Rapides Parish is
improperly referring all drug-related cases to specialized drug
courts, whether the defendant wants to participate in the program or
not.
Generally, defendants go to Louisiana drug courts only if they have
agreed to plead guilty -- the idea being that defendants who admit
their problems are rewarded with the opportunity for sentences that
focus more on treatment than incarceration.
The Rapides Parish drug court, however, allows defendants to plead
not guilty, and one judge, Tom Yeager, presides over all drug court
cases.
"The judge handling the (drug) court is not supposed to be trying the
cases," but rather should focus only on sentencing and treatment,
said Glenn Cortello a defense attorney who filed the lawsuit for
McKenzy Celestine.
A person who does not wish to plead guilty or seek treatment should
have the opportunity of a trial assigned randomly to a judge, without
any drug court involvement, Cortello said.
Yeager said he could not discuss pending litigation.
Cortello contends the Rapides Parish system also violates a state law
preventing one judge from trying certain types of cases to the
exclusion of other judges in the district. All other types of
criminal cases are randomly assigned.
Cortello's lawsuit asks that Celestine's case also be randomly
assigned. A hearing is scheduled July 16. Cortello said he plans to
file similar motions on behalf of other similar situated defendants
in the next week.
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