Pubdate: Fri, 07 Feb 2003 Source: Hutchinson News, The (KS) Copyright: 2003 The Hutchinson News Contact: http://www.hutchnews.com/ Details: http://www.mapinc.org/media/1551 Author: Bill Wilson DELAYS IN FILING CHARGES LEAD RENO JUDGE TO FREE SUSPECTS Steve Becker's had enough. Reno County's administrative judge began last year cutting accused criminals loose - freeing them from jail and releasing them from bond obligations, essentially setting them free - because of delays as long as 18 months in filing charges from the Reno County District Attorney's office. The reason? Explanations differ, but a check of court records by The Hutchinson News shows that a huge increase in felony drug cases has bogged down the six-attorney DA's office. Recent tweaks of the system by DA Keith Schroeder have helped, Becker admitted. The judge is clear on the issue: He won't let accused criminals sit in the Reno County Jail without timely charges from Schroeder and his attorneys. "The delays that I see from arrests to filings of charges is my primary motive in setting what I consider to be ridiculously low bonds in most cases," said Becker, who has two decades on the Reno County bench. "I take a fair amount of criticism on this subject, and it's legitimate. But the reason is this: If these folks aren't released, they're going to sit in jail an extremely long period of time without facing charges. "I don't find that appropriate. Jail is a place to serve a punishment, not to sit when you haven't been convicted, and in many cases even charged, with a crime." The price for Becker's position is obvious - the accused criminals, most eventually charged by the DA, are back on the street for months without any obligations to the court, essentially as free as they were before the initial crime. And likely to offend again, law enforcement officials said. "It's human nature and now you're setting a person free with nothing against him," said Reno County Sheriff Randy Henderson. "It's just like a kid taking a cookie out of a cookie jar: He's going to do it again. "And with the repeat rates that we have with prosecutions and sentencing, you have to think these people are going to go right back and do whatever they've done again." Court records back up Becker's concern. In the past two years, criminal cases have gone as long as 18 months and six days without charges - slightly under the two-year maximum statute of limitations for most crimes under state law. It's a situation that has come under fire from the bench, law enforcement and the Reno County defense bar. Over the past six months, three different defense attorneys have complained to The News about clients left to sit in jail while their charges fly under the DA's radar. The delays reportedly demoralize law enforcement officers, primarily through the problems they cause eventual prosecutions. But Schroeder cited spiraling caseload - a record 1,378 cases were filed in 2001 and 1,291 last year, both more than double the 647 cases filed in 1987 - and a shortage of staff as the cause. More specifically, Schroeder blamed a huge increase in drug cases - frequently slowed by multiple defendants, laborious lab testing and long court proceedings - for the overload of cases that until December buried his attorneys. And drug case totals back that up. Marijuana cases have spiraled from112 in 1998 to 270 in 2002. Meth cases are doubling annually, to a total of 164 in 2002. "We've got more cases, we've got higher numbers of jury trials and we've got more probation violation hearings," which aren't statistically tracked, Schroeder said. "It leaves me having to triage cases, basically. I have to make calls on what cases must be done first and which have to wait." Schroeder refused to publicly criticize the level of funding from Reno County commissioners, who have declined his requests to fund three additional attorneys to handle case load. But the DA also is on the record telling commissioners in a public meeting that they were "jeopardizing public safety" by under-funding his office. Henderson agreed with Schroeder's claim, saying that the slow pace of court cases make convictions tougher to get. "Those delays aren't a problem for my officers," he said. "We have the luxury of reports. But if you're talking civilian witnesses, it's a huge difference. They don't have that to jog their memories." Schroeder tweaked the filing process last fall, with Assistant DA Ben Fisher joining Deputy DA Tom Stanton on a full-time drug prosecution detail. And Schroeder began requiring law enforcement officers to write their own probable cause affidavits with reports - a practice in place in almost all Kansas counties, but new to Reno County. "He's been shooting for two days with our reports and affidavits," to get cases filed, Henderson said. "As far as I know, that's helped him." Becker agreed. "The situation is getting better," the judge said. "Six months or so ago, I would have told you it was a problem clearly out of hand. But in December and January, I've seen a conscious effort to get a handle on the cases, especially the drug cases. "Let's hope it continues." - --- MAP posted-by: Richard Lake