Letter to the Editor: Things Aren’t Always What They Seem

Colin Johnson District Attorney, 27th Judicial District

Recently, there has been a lot of attention regarding the resolution of certain cases in the 27th Judicial District, primarily cases involving sexual offenses against minors. Because of this attention, I feel compelled to offer some insight into how and why it is necessary for every district attorney’s office to engage in plea negotiations.

Prosecutions are almost exclusively initiated by law enforcement, either by criminal warrant or grand jury indictment. The standard for initiating these cases is probable cause, based on the available evidence at the time. This is only the beginning of the investigation and the search for the truth. Over the next several months many things will change which may affect our ability to convict for the original charge.

One thing that does not change is the role of the District Attorney to always seek justice. Justice is different in every case and depends on all the relevant facts and circumstances. It doesn’t always mean time in prison, and it always doesn’t mean probation. Justice is what is fair and right under all circumstances and varies with each individual case.

Cases change and evolve over time. New evidence may come to light, lab tests are completed, additional video surveillance is obtained, phone records are received, new witnesses may be discovered, and other witnesses or victims may recant. Sometimes this evidence is helpful to the prosecution, other times it’s favorable to the defense. It is the policy of this office that we never stop seeking truth and justice.

We also must consider the Victims’ Bill of Rights, Tenn. Const. Art.I, Section 35 which obligates my office to keep a victim informed of the status of their case, advise them of resources available to them, help them understand the workings of the criminal justice system and consult with them on a resolution of their case. Although I am not required to dismiss a prosecution or to settle a matter in the manner a victim requests, I do take their wishes very seriously in determining what constitutes justice in a particular case. After all, they are the person most affected by the crime.

Cases involving children magnify these issues. Children oftentimes don’t report the alleged abuse for years after the occurrence. This almost always results in no physical evidence, few, if any witnesses, and inconsistencies in the child’s recollection of what occurred. All of these problems are normal and understandable, but will be used to attack the child’s credibility when he or she takes the witness stand.

Let’s not forget that a Defendant has a constitutional right to confront their accuser. Children are very often scared and reluctant to testify about their abuse in front of a room full of strangers and the person who abused them. It’s not unusual for a child to refuse to speak about what happened once they’re called to the witness stand. Combine this with the slow pace of the judicial system and it’s normal for victims, and their families to just want to move on with their lives.

During the lengthy period between disclosure of the abuse and a potential trial, victims and their families may seek counseling and begin to heal. They have often relocated, and no longer wish to come to court and testify and relive the trauma they experienced. Parents also see the progress the child has made and will usually support the child’s decision not to testify knowing that they will be revictimized if forced to relive their experience on the witness stand. Forcing them to testify could undermine all of that progress.

There are few certainties in the criminal justice system. Perceptions change, new evidence develops, witnesses’ statements change, and people outright refuse to cooperate with our prosecution of their cases. The sad truth is that this will never change. Those types of things happened when my predecessor was in office, when his predecessor was in office, and the one before him. They will happen to the next person to serve as your elected District Attorney as well. You placed your trust in me to handle these situations appropriately and fairly and that is what we do each and every day. I am truly blessed to serve you in this capacity. My door is always open if anyone has any questions or comments. You may reach me at 731-364-5513.