Pubdate: Fri, 06 Dec 2002
Source: Birmingham News, The (AL)
Copyright: 2002 The Birmingham News
Contact:  http://www.al.com/birminghamnews/today/
Details: http://www.mapinc.org/media/45
Author: Chanda Temple

SPEEDY DOCKET CLEARS NONVIOLENT CASES

Program Reduces Jail Time For Low-Level Defendants Who Can't Afford Bond

Dennis Melvin has been sitting in the Jefferson County Jail since Aug. 17 
unable to pay the $2,100 bond for nonviolent arrests including driving 
under the influence and theft.

On Thursday, he found a way out.

Melvin, 44, was one of five inmates to plead guilty in a new expedited 
docket aimed at getting low-level, nonviolent defendants who can't afford 
bond out of Jefferson County's overcrowded jail.

Melvin's cases, like others, are the kind that would settle before trial 
anyway, but the expedited docket resolves the cases faster. Had Melvin 
remained in jail, he could have waited another five months for his cases to 
clear the grand jury.

"We're not trying to give away the keys to the courthouse," said prosecutor 
Laura Petro. "We're just trying to make appropriate sentences."

Thursday's guilty five will either go to prison, a drug treatment center or 
seek probation.

On Thursday, Melvin pleaded guilty to theft and DUI. Circuit Judge James 
Hard sentenced Melvin to 15 years, but will consider his probation 
application in February. "There ain't no need of sitting up there," Melvin 
said after his plea. "I'm guilty. I was guilty of taking the man's truck."

As part of his plea, Melvin will enroll in a drug rehabilitation program. 
He was awaiting word from officials at UAB's Treatment Alternatives to 
Street Crime program as to when a bed would be available.

"I'm ready to get some help, get in a treatment program and get it behind 
me," Melvin said. "I need help to get off that alcohol."

Twelve defendants were set on Thursday's docket, including five who pleaded 
guilty; two whose cases were rescheduled for today because their lawyers 
were absent; two who rejected offers; one whose case was not handled 
because he was awaiting mental evaluation; and two who did not meet the 
docket's eligibility because they later made bond, said Petro.

Petro said she expected the successful pleas today from the two inmates 
whose lawyers couldn't attend Thursday. She said resolution of seven of 12 
cases isn't bad.

"You have to start somewhere. Every bed counts," Petro said. "If we can get 
six or seven a week, that's about 25 a month."

Petro said the next docket will be held in January because of the upcoming 
holidays, but she hopes to hold the docket once a week before Circuit Judge 
James Hard.

Lawyers negotiated offers in a side room Thursday before denfendants 
entered their pleas, as court personnel prepared the paperwork.

Lawyer Allen Flowers returned to the room to tell the group his client, who 
faced nine counts of forgery, rejected an offer that would have dropped six 
counts and required him to plead guilty to the remaining three counts. The 
inmate would have received a three-year sentence. The man's case was 
returned to the grand jury.

"That's fine," said Hard. "Nobody's going to twist anybody's arm."

Inmate Sherry Lynn Poole, 35, was on probation when she was picked up a 
drug charge in October. Poole pleaded guilty Thursday and was sentenced to 
15 years in prison. However, she will serve 18 months and two years 
probation. She'll also enter a drug treatment program while incarcerated.

Defense lawyer Ann Day Lawrence said she thought her client was pleased. 
"This is a good thing for her," Lawrence said. "This way she won't have to 
spend a lot of time in jail with people with a lot worse problems. She's 
basically a good girl."

Virginia P. Meigs, president of the Greater Birmingham Criminal Defense 
Lawyers Association, said she understands that defense lawyers favor the 
expedited docket. "It just doesn't make sense for someone to be arrested 
and to have to sit in jail for six months and then be sentenced to 
probation. With this expedited docket they are out in two months," she said.
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