|
|
|
|
Sheriff T. Michael O'Connor took some heat unfairly for pointing out that Tyler went to inappropriate lengths to keep the hearingso quiet that eventhe sheriff didn't know about the case'sresolution. The Sixth Amendment to theConstitution guarantees defendants the right to a speedy and public trial.
Through his actions, the district attorney violated the spirit of an open judiciary. Local media might not even have been aware of the case, if they hadn't received tips through other sources. The public would have been justifiably outraged to have only after-the-fact reporting of a case that held high community interest. As it was, the district attorney's actions served to prevent media from outside Victoria from cover ing the proceedings. While that actually might benefit this newspaper sometimes, the principle of open government is more important than any self-interest.
Tyler campaigned on the promise of being a prosecutor, not a politician. Attempts to control the media smack more of political maneuvering. Almost all cases should be posted on public dockets and held in open court. The public and its representatives in the media need to scrutinize the court system and all other branches of government.
Tyler's campaign last year benefited from criticism his predecessor, Dexter Eaves, received for how he handled a case in June 2003. In the sentencing of Department of Public Safety Trooper Roy Gonzales, Eaves waved an Advocate reporter out of the courtroom. Eaves said then that he wanted to preserve the dignity of the defendant and didn't want to turn the sentencing into a spectacle.
The public had little sympathy for protecting a defendant being sentenced for official oppression. Even though everyone has much more compassion for a murder victim's family, the principle of open government remains the same. It's not the role of prosecutors to decide what the public should and should not know about court proceedings. Their job is to uphold both the letter and spirit of the law.
Imagine if Tyler decided to schedule an impromptu plea hearing for his former chief of staff, Michael Ratcliff, who is accused of sexual misconduct with a teenage boy. Already, the public is clamoring for the district attorney to appoint a special prosecutor in the case. If Tyler is unable to see the conflict of interest he has in prosecuting this case, he might well decide he wants to avoid a media circus when resolving it.
The sheriff expressed correctly his anger with how Tyler handled the Grimsinger hearing. The district attorney would be well-advised to reconsider his approach in future proceedings.
Even when well-intentioned, public officials get into trouble when they ignore the checks and balances that are the foundation for a democracy.