OTHER CASES DEMAND ATTENTION OF DA

The Eagle's editorial of Aug. 19 concerning the odd priorities of District
Attorney David Capeless was short and to the point. While I have respect
for his office and the weight of his responsibilities I am troubled by his
recent choices. There were more then 69 cases on the criminal trial list
for Superior Court in July, many involving violent acts: assaults, rape and
other crimes that directly impact public safety. In July alone there were
at lest two rape cases that went unheard because of the lengthy and
unsuccessful prosecution of Kyle Sawin for selling a small amount of
marijuana to an undercover officer. One of the rape cases, now more than a
year old, involves a nursing home resident whose illness is characterized
by the rapid deterioration of her physical ability, including her ability
to communicate.

At the close of the Sawin trial, which ended in a hung jury, the judge
suggested that the prosecutor meet with the defense attorney before
deciding how to proceed. But the district attorney announced within hours
that he would re-try the case in September.

Meanwhile there is a rape victim who lives in a nursing home and her
ability to testify against her assailant diminishes with every passing day.

JOHN J. WHALAN