<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=iso-8859-1">
<META content="MSHTML 6.00.2900.2802" name=GENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=#ffffff>
<DIV><FONT size=4>Ted wrote:</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><FONT face=Arial size=2>"If we trust our legal system, why not
respect the very important principle of innocent until proven guilty, and let
the system do its job? <BR><BR>There is no doubt that too much discussion
of the certain guilt of an accused facing charges can hamper the legal system in
assuring a fair trial. Prosecutors and judges can feel pressure from the
public to make decisions based on a kind of mob frenzy, rather than the guide of
lady justice blindfolded holding the scales (fairness) and sword (the power of
the legal system). Unbiased jurors can be hard to find when the press and
media and even list serves create a bias in huge numbers of people regarding a
specific criminal case. Potential jurors need to state honestly that they
can listen to the evidence with an open mind in a
trial."</FONT><BR></FONT></DIV>
<DIV><FONT size=4>It's hard to know where to start, but perhaps remaking an
important distinction might help.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>There is a difference, and many times a considerable one, and
one that should be kept in mind throughout the entirety of this discussion,
between:</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT color=#0000ff size=4>[1] Being found innocent or
guilty in the criminal justice system even after all appeals are exhausted,
and</FONT></DIV>
<DIV><FONT color=#0000ff size=4></FONT> </DIV>
<DIV><FONT color=#0000ff size=4>[2] Being, in fact, innocent
or guilty of the criminal act(s) of which one is accused.</FONT></DIV>
<DIV><FONT color=#0000ff size=4></FONT> </DIV>
<DIV><FONT size=4>It often happens that a person who, in fact, is guilty of the
criminal acts charged is found not guilty in the criminal justice system.
This happens for a variety of reasons including the loss of evidence by the
prosecution because of a violation of the defendant's civil rights, obvious
perjury by prosecution witnesses which taints the case so that the "beyond a
reasonable doubt" criteria is not met, insufficient or biased investigation,
plea bargains, attorney competence/ethics level, attorney malfeasance, attorney
lack of diligence, attorney indifference, attorney inexperience, the jury or
judge for a variety of reasons just makes a mistake, etc, etc. Likewise,
very unfortunately a few people innocent of the crimes charged are found
guilty.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Like other human institutions, the criminal justice system is
not perfect. Anyone who reads the news knows that [1] and [2] above are
not the same. The operational meanings of "innocent" in [1] and [2] are
not the same. For, example, I believe that it is extremely probable that
O.J. Simpson murdered his wife, as do the jurors in the civil wrongful death
case that ensued.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Therefore, although "letting the system do its job" does
provide a legal answer to the question of guilt or innocence, that answer is not
always correct. Innocent people are convicted. The system should be
continually reviewed and changed, if necessary, to prevent his from
happening. However, in my opinion based on reading and observation, it
happens that the guilty are found innocent with a much, much greater
frequency than the innocent are found guilty.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Hardly anyone does not think it egregiously wrong when an
innocent party is convicted. Hardly anyone I know in Latah County does not
believe in a fair trial including a rigorous prosecution and defense and a judge
that unbiasedly enforces all the complex rules to the best of her/his
ability. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT color=#ff0000 size=5><STRONG>I have heard no one express an opinion
that Kanay Mubita is not entitled to a fair trial.</STRONG></FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Will he get one?</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><STRONG><FONT color=#0000ff>First</FONT></STRONG>, will the
pre-trial investigation be complete and competent enough to provide the facts
needed? It appears that law enforcement is taking this case quite
seriously, although because of the nature of the investigation much that is
known by the investigators is not public knowledge and the competency
of the investigation will only be known if the case goes to trial.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><STRONG><FONT color=#0000ff>Second</FONT></STRONG>, will the
prosecution be vigorous and skilled enough? This is a case where the loss
of Robin Eckmann as chief prosecution trial deputy may well make a large
difference. I hope the present personnel in the prosecutor's office are up
to the task. Because of the potential exposure that several witnesses will
be subjected to at a trial, a plea bargain may be negotiated. If so, I
hope it is one satisfactory to the victims and the general public.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><STRONG><FONT color=#0000ff>Third</FONT></STRONG>, will the
defense be vigorous and skilled enough? Mubita is represented by a public
defender at his juncture. This is a high profile case. Perhaps, this
will, if needed, provide an additional incentive to the defense to perform at
their best.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><STRONG><FONT color=#0000ff>Fourth</FONT></STRONG>, can a
reasonably unbiased judge and jury be found? Some claim that the publicity
in the local media and on V 2020 reduce the probability that a fair trial can be
held. As someone pointed out, a jury pool can be imported from elsewhere,
there could be a complete change of venue, and, appeal courts exist for the
purpose to prevent, among other things, judges from improperly influencing the
trial outcome either through error or bias. All high profile cases are
subject to publicity. That does not mean a correct verdict cannot be
rendered in such cases. [Needless to say, V 2020 participants make up only
a small portion of the possible jury pool.] It is the job of the defense
attorney to remove those potential jurors who are biased one way or
another. Because of our remarks, there are many of us on V 2020, that
should be properly challenged by either the prosecutor or the defense attorney
should any of us be included in the initial jury pool.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Some need to be reminded: Mubita is <STRONG><FONT
color=#ff0000 size=6>not </FONT></STRONG>being charged because he is HIV
positive. He is charged with knowingly and intentionally having
unprotected sexual relations without informing his partners of his HIV positive
status.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT color=#0000ff size=5><STRONG>The essence of this discussion is a
collision of basic rights, the right of free expression to discuss this case
by the public and the right of the defendant to have a fair trial not
unreasonably tainted by this discussion.</STRONG></FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Does public discussion taint or change the process in
general? Probably, in some cases. Again there are procedural
safeguards to lessen this impact, if any. In addition, some public
discussion provides information and perspectives which may be helpful to either
side and/or helpful to the judges involved.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Public opinion may be wrong about whether a particular
defendant is guilty or not. Never-the-less, the public has a first
amendment right to discussion and to their opinions. In this
case the evidence so far made public provides a high probability that the
case against the defendant is very strong, including:</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>[1] The defendant's own admissions,
</FONT></DIV>
<DIV><FONT size=4>[2] The exceptional courage of the witnesses
who are victims and who will be placed in a seriously uncomfortable position
because of their testimony that they had sex with someone who is HIV positive,
and </FONT></DIV>
<DIV><FONT size=4>[3] The claims of the health district that
Mubita was informed in December of 2001 and several times consequent that he was
HIV positive.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>Of course, the evidence may be faked, the tests wrong, the
witnesses liars, etc, but at this time there is no credible evidence that this
is so. Until there is, I, for one will believe that there is a high
probability that the defendant is guilty as charged. </FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><STRONG><FONT color=#ff0000 size=5>This view is subject to
change if credible evidence to the contrary is
presented.</FONT></STRONG></FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>However, given the strength of the case so far made public,
neither m</FONT><FONT size=4>y opinion nor anyone else's on V 2020 or in the
general public is unlikely to affect in any significant manner the outcome in
the criminal justice system. As to the treatment that this case has so far
generated in the media, I have not seen anything that could be described as
inflammatory; in fact, the media coverage has been bland, understated, and
perhaps overly circumspect.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4>This case is like child molestation cases. In my opinion
such cases present an excellent opportunity for the public to discuss and to
educate themselves about the perils, consequences, and means of
prevention and prevention of the consequences of the alleged criminal
behavior. This case has certainly raised the level of interest and perhaps
the opening of minds about the myriad different problems/consequences of HIV on
the Palouse. I do not believe this important public health issue
discussion would have happened without this defendant being charged in this case
and the resultant publicity. I also believe this public discussion will
increase the probability of a more rigorous defense and a very careful, unbiased
judge. It is hoped that this discussion will also reduce, at least to some
extent, certain risky behaviors with possible dire consequences.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT size=4>Yes, the defendant has the right to a fair trial. And
the public has a right to discuss the matter for a variety of reasons.
Until I see some credible evidence that the public discussion so far has
unreasonably imperiled Mubita's right to a fair trial despite the procedural
safeguards in the criminal justice system, I will continue to discuss it,
especially the public health issues the case raises, and I suspect many others
will also.</FONT></DIV>
<DIV><FONT size=4></FONT> </DIV>
<DIV><FONT size=4><BR>Art Deco (Wayne A. Fox)<BR><A
href="mailto:deco@moscow.com">deco@moscow.com</A><BR></FONT></DIV>
<DIV> </DIV>
<DIV>----- Original Message ----- </DIV>
<BLOCKQUOTE
style="PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=Tbertruss@aol.com
href="mailto:Tbertruss@aol.com">Tbertruss@aol.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=CJs@Turbonet.com
href="mailto:CJs@Turbonet.com">CJs@Turbonet.com</A> ; <A
title=chasuk@gmail.com href="mailto:chasuk@gmail.com">chasuk@gmail.com</A> ;
<A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, December 26, 2005 5:13
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> [Vision2020] Re: Wayne's
Analysis of Criminal Innocence</DIV>
<DIV><BR></DIV><FONT face=arial,helvetica><FONT lang=0 face=Arial size=2
FAMILY="SANSSERIF" PTSIZE="10"><BR>Shelley wrote:<BR><BR>I STRONGLY believe
Mubita's name and photo need<BR>to be out there to notify the possible victims
THEY NEED TO BE TESTED. <BR><BR>I agree.<BR><BR>Shelley wrote:<BR><BR>Do you
fully understand HIV? <BR><BR>I have posted detailed information to the
Vision2020 list regarding scientific and statistical information on HIV/AIDS,
with references. Perhaps you missed these posts?<BR><BR>Shelley
wrote:<BR><BR>Regarding face to face counseling, if you would have done your
homework<BR>before posting such ridiculous statements you would have known it
was a <BR>counselor" that reported to the police to do a "well check"
regarding Mubita<BR>possible being suicidal. <BR><BR>My comments regarding
Mubita's full understanding of what it means to be HIV positive were meant for
speculation only, since of course I do not have access to all the facts in
this case, nor do I think all the facts have been discovered yet, or made
public. <BR><BR>You may have info that leads you to draw definite
conclusions on the Mubita case, but one of my main points was that now that
Mubita is not a threat to the public, let the criminal justice system do its
work to determine Mubita's innocence or guilt.<BR><BR>On that note, perhaps
you'd like to respond to the following points from the same post you
answered?<BR><BR>If we trust our legal system, why not respect the very
important principle of innocent until proven guilty, and let the system do its
job? <BR><BR>There is no doubt that too much discussion of the certain
guilt of an accused facing charges can hamper the legal system in assuring a
fair trial. Prosecutors and judges can feel pressure from the public to
make decisions based on a kind of mob frenzy, rather than the guide of lady
justice blindfolded holding the scales (fairness) and sword (the power of the
legal system). Unbiased jurors can be hard to find when the press and
media and even list serves create a bias in huge numbers of people regarding a
specific criminal case. Potential jurors need to state honestly that
they can listen to the evidence with an open mind in a trial.<BR><BR>Ted
Moffett<BR></FONT>
<P>
<HR>
<P></P>_____________________________________________________<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>/////////////////////////////////////////////////////<BR></BLOCKQUOTE></FONT></BODY></HTML>