THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, February 20, 1996 TAG: 9602200005
SECTION: FRONT PAGE: A10 EDITION: FINAL
TYPE: Letter
LENGTH: Medium: 58 lines
Your articles and editorial criticizing the judges in Portsmouth as being ``too lenient'' demand a response from those of us who see their work first hand.
Judges Olitsky, Morrison, Piersall, McMurran and the other judges are very fair-minded jurists who interpret the law and see that it is carried out.
As judges, they are required to apply the laws of our commonwealth as established by the General Assembly. Their personal feelings or those of the editors of The Virginian-Pilot are not relevant to their responsibility. I dare say that you could not find a single judge who has not made decisions through clenched teeth because, although the decisions went against the jurist's personal feelings or beliefs, he still had to rule according to the law.
To label a group of dedicated jurists as ``too lenient'' while sitting on the sidelines in Norfolk borders on a cheap shot. Your criticism of their decisions is not based on all of the facts or a sense of fairness. Because judicial canons prevent them from defending themselves against your charges, many of us who work with them and feel otherwise must correct the record.
If you want to see the other side of the story, why not devote a feature section on the many criminals who have been put away for their crimes by these same judges. Do you think they feel as you do? I sincerely doubt it.
J. WAYNE SPRINKLE
Portsmouth, Feb. 5, 1996
Recent articles about crime in Portsmouth have been highly critical of bonding procedures employed by the sitting Circuit Court judges. Your attacks are misguided.
No one likes crime. Virtually all law-abiding citizens would have criminals, especially violent ones, behind bars. However, the setting of bail for felony charges is a sensitive balancing process weighing public protection against the rights of an accused.
Standards have been established by the General Assembly and Virginia's Constitution which essentially require the commonwealth's attorney to prove certain facts to justify incarcerating a defendant until trial. Judges must rely upon the position of prosecutors and all other available evidence to render fair and impartial decisions. If a prosecutor does not demand incarceration or fails to present a prior criminal record or other evidence sufficient to warrant jailing an accused, what is a judge to do?
Portsmouth is blessed with a conscientious, reasonable and caring Circuit Court bench of which the city should be proud. Condemnation of these public servants is unfair.
JOHN W. DRESCHER
Norfolk, Jan. 30, 1996 MEMO: Editor's note: Mr. Sprinkle is an attorney.
Editor's note: Mr. Drescher is an attorney. by CNB