Welcome to the state of crime victim notification in Hinds County that ignores the law. The victim of a savage beating and armed robbery by Keifer's three years ago drove down here (she lives three hours away) last week to attend the sentencing of the thug who pleaded guilty to the crime. Just one problem. Her email says it all:
Judge Kidd continued murder trial from 2011 at 5 pm yesterday and NO ONE cared to tell me that sentencing would not be today. Waiting for Tom Kesler to break to tell some people off. My parents and boyfriend are here with me. Just wanted to let you know that these people don't give a shit about "victims."That's right. The victim and the family drove three hours to a sentencing that didn't take place because no one bothered to notify them of the delay. Nice. She was robbed at gunpoint, beaten in the face, and left unconscious 15 yards from Keifers, out in the middle of the street, three years ago. The victim suffered a tripoid fracture to her cheekbone and still suffers nerve damage on one side of her face and pain in her jaw.
Now, the victim DID meet with District Attorney Robert Schuler Smith later that day to express her outrage. She said he was very nice and apologized for the way she was treated. (Highlighted so no one can say this positive part was buried.).
The victim was robbed and beaten by Demarcus Jefferson and Demonta McCray. McCray was convicted and sentenced nearly two years ago. Jefferson pleaded guilty and was scheduled to be sentenced on March 20. Copy of file and original post.
The law is quite clear on noticing crime victims:
§ 99-43-29. Notice regarding disposition and sentencing
The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:
(a) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.
(b) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:
(i) The existence and function of the pre-sentence report.
(ii) The name, address, and telephone number of the office which is preparing the pre-sentence report.
(iii) The right to make a victim impact statement.
(iv) The right of the defendant to view the pre-sentence report.
(v) The right to be present and be heard at any sentencing proceeding.
(vi) The time, place and date of the sentencing proceeding.
15 comments:
No secret that Robert Smith is an absentee boss who doesn't give a damn.
It is not the defenses job to notify the victim about sentencing or delays. They court only notifies attorneys, not the witnesses or parties individually (as parties are represented) so this is NOT the fault of the court for the lack of notification to the victim. Place your blame where you may but it is not the duty of the court or the defense so......
Boring. This wouldn't be a post if it wasn't an election year. Let me know if you catch Smith burning ants with a magnifying glass.
Is anyone surprised at this point?
Hinds County is a joke.
Or let us know when Smith is actually working. That would be a story.
The fine citizens of Jackson voted Judge Kidd and Robert Schuler Smith into their elected offices. They sowed the wind and reaped the whirlwind. Hosea 8:7 Judge Kidd & Robert Schuler Smith are thug lovers. (TL) OBTW what's with the 3 part name? I thunk only women uses 3 part name (1st,Maiden,Married Name) Is Robert Schuler Smith someones bitch?
No one blamed the court or defense for not notifying the victim. Nice try.
The DA's office usually has a victims' coordinator. The problem is, since Smith never comes to work, no one has to do their jobs in that office.
Unless the victim was scheduled to testify at the sentencing, she would not have been informed of the continuance. It was a continuance of the sentencing and not the trial. Also, the sentencing was probably continued because Judge Kidd and Kesler had a murder trial in Judge Kidd's courtroom last week.
Fuck the victims. I got it.
If you had read the actual post, you would have read that the running over of the murder trial was mentioned. How does it feel to be an apologist for criminals?
"It's not the job of the defense to notify...." WAIT! Robert S. Smith is 'the defense'? Don't prosecuters and victim's rights people (that work for the courts) stay in touch with victims? If nothing else, it would have been common courtesy. I am certain Smith's office knew damned well she would be traveling to this side show. Giving her a simple head's up would have been common courtesy and would have cost nothing more than a thirty second phone call or email.
I have been a victim (in Madison County)and it is the most frustrating thing I have ever been a part of. There is a victim's advocate in each of the D.A.'s offices but I think they are overloaded (who isn't in a the D.A.'s office?). I had to be very pro-active to know what was going on in my case, which is hard to do when you work full time. Proceedings are delayed months and in my case a couple of years. I do not think it is the victim's responsibility to keep up with the trial delays etc. If the criminal can be advised of delay then so can the victim!
What penalty is prescribed for a prosecutor violating 99-43-29? If there's no penalty, it might as well not be a law.
Who thought there would need to be a penalty phase of this law? Just do your job and do it well. There is no sense of responsibility and community anymore. There aren't very many "true professionals" anymore. Shame.
Hey (demonta`s brothers) growing up with him until now has showed us a lot about life.That just been involved with the wrong people weakmined can pressure you into something crazy. Is there hope
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