BINI TRIAL A BETRAYAL OF TRUTH

One of the things that I've always despised about
lawyers is their pretention to be seekers of the truth.

Especially when they are sitting up there, near the clouds, wrapped in
a judge's robe.

In the pursuit of justice, particularly these days, justice resembles
war. And we all know - or should know - what has been said of war:

Truth is the first casualty of war.

At the same time that jurists declare that justice is the pursuit of
truth, they belie that very statement. As opposing lawyers, they
declare that they are advocates in an adversarial dispute. They will
fight not for the truth, but for their client's advantage. They will
argue not the facts, but only the facts that favor their side.

They will not seek justice, but victory.

If you don't think that is true, consider this: In every case, at
least one lawyer represents each side, and one is at least shading the
truth if not outright lying.

This pretense goes much deeper than that, however. This so-called
search for justice, which lawyers and judges are so determined to
defend, is a fraud. And why they persist in defending the indefensible
is a mystery, but the bigger mystery is why we - as a society -
continue to go along with their charade.

There is no better case to illustrate the "search for truth" illusion
than the just-completed trial of Joe Bini, the Denver policeman whose
inaccurate affidavit for a search warrant led to the death of an
innocent man, Ismael Mena.

Bini's jury was not allowed to know that his carelessness caused the
death of a father. They were not told - because the judge wouldn't
allow it as evidence - that Ismael Mena died as a result of Bini's
malfeasance. Jurors were not told that Mena was killed by mistake.
They were not told that Mena is dead.

So much for a search for truth.

In courtrooms in every village, town and county in the United States,
and in every hour of the day as the sun crosses the time zones, truth
is sacrificed in the name of justice.

During every minute of daylight, some lawyer argues before some judge
that the truth ought to be excluded from evidence, that the truth
ought to be buried with the victim, that the truth ought to be ruled
out of order.

Don't let the jury hear about the defendant's prior record, attorneys
will argue. Don't let the jury know about the confession - even under
possible duress - attorneys will argue. Don't let the jury know that
the victim is dead, attorneys will argue.

Pretend that Ismael Mena is still alive, that the faulty search
warrant signed by Joe Bini was not a death warrant for this
hardworking and gentle man, that there was nothing more of consequence
to this fatal mistake than an innocent clerical error.

Pretend that American justice is a search for truth, which it clearly
is not.

Pretend that truth counts, which it does not.

Pretend that Joe Bini is a good cop, and that he deserves to keep his
job, and that he deserves no serious sanction.

Pretend that when The People come knocking at your door, your rights
are safely protected.

Pretend that Ismael Mena lives, even though he does not.

Note: Chuck Green's commentaries appear on Sunday, Monday, Wednesday
and Friday. He discusses current events on KNUS 710 at 5:15 p.m.
Monday, Wednesday and Friday.