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News (Media Awareness Project) - US IA: Editorial: No Excuse For Release Of Suspect
Title:US IA: Editorial: No Excuse For Release Of Suspect
Published On:2001-05-02
Source:Iowa City Press-Citizen (IA)
Fetched On:2008-09-01 10:41:14
NO EXCUSE FOR RELEASE OF SUSPECT

Another legal system screw-up.

And worse, we find out this type of mess is not uncommon.

Donavan Scott Wyse - accused of operating a methamphetamine lab in his
Keokuk Street apartment - was released from jail.

No bond.

Why?

Because police reports weren't filed in time with the prosecutor, who
couldn't file them with the court.

Wyse was released Friday, April 13. Police reports landed on the desk of
Assistant Johnson County Attorney David Tiffany on Monday, April 23.

Police thought Wyse was still in jail. So did Tiffany.

But District Judge Douglas Russell was right to rule on a defense motion
that Wyse had a right to a probable cause hearing - essentially, filing of
the police reports or testimony of an officer - within 10 days of his
initial court appearance.

That didn't happen.

What went wrong?

No one really knows for sure.

Tight deadlines.

An overburdened system.

Police didn't talk to the prosecution.

Prosecution didn't talk to police.

Whatever.

We do know, however, it happens fairly often. Tiffany says judges release
four or five defendants a week because of late filings by his office.

"The bottom line here is that the guy walked out of jail," said Iowa City
Police Sgt. Mike Brotherton. "The damage is done."

At least there is recognition of that.

Now we need to figure out what to do about the future. Four or five times a
week for this type of thing is way too much.

Unfortunately, we have no solutions. Only questions:

• How is it possible both police and prosecutors didn't know the deadline?
Is there no calendar?

• Would computerization help?

• Are people in our legal system spending too much time on the wrong things?

• Should there be better communication between police, prosecutors and
courts? And if so, what's preventing that?

We've got problems.

Figure it out. Work it out.
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