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Commission candidate calls for ban of plea deals

Friday, October 3, 2008 12:36 AM PDT

By Tony Lystra

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Republican Cowlitz County Commission candidate Tom Wilson said Thursday that the prosecutor's office should cease all plea bargains with the county's criminal suspects and instead make them stand trial.

During a meeting with The Daily News editorial board, Wilson said he would tell the Cowlitz County prosecutor, "Listen, no more deals."

"When you do the crime in the county, you're going to do the time," Wilson said. "You break the law, this is it. This is the end of the line."

Prosecutor Sue Baur blasted the proposal, saying it "shows a lack of knowledge" of the county's crime problems.

"Whoever says that knows nothing about the criminal justice system or the crime problem in our community," Baur said in a phone interview after the meeting.

Wilson's opponent, Democratic commissioner Kathleen Johnson, who also participated in Thursday's meeting, called the idea "a little off the wall" and said she was "blown away" by Wilson's statement.

"I agree it's dramatic," Wilson said. But "things aren't working the way they are."

Eliminating plea deals, Wilson said, would send a message that "we will not allow this crime in this county."

Wilson also suggested offenders might stay away as word spread that the county had become particularly tough on crime.

But Baur said Wilson's proposal is "not tough on crime at all."

Plea deals, she said, are indispensable in prosecuting crimes. For one, Baur said, trials can traumatize or inconvenience victims. Allowing suspects to accept a plea deal can divert them into programs like drug court, which reduce recidivism. And trying every case, she said, would overwhelm an already jammed court system.

Besides, Baur said, judges sometimes level lighter sentences than the prosecutor would have sought in a plea bargain.

Both Baur and Johnson also pointed out that the prosecutor is an elected official who isn't under the authority of the county's three commissioners.

"We don't have that kind of authority to change the justice system," said Johnson, who is seeking her second term Nov. 4.

Wilson acknowledged as much, but said the commissioners could "suggest" eliminating plea bargains. He also said the commissioners might prove influential because they control at least a portion of the prosecutor's budget.

The prosecutor's funding comes from federal and state grants, as well as the county's general fund, according the county's finance department. The state also pays a portion of the prosecutor's salary.

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hawkster wrote on Oct 2, 2008 11:53 PM:

" ummm... wow? that was a terrible remark to make. plea bargains are a huge part of the justice system. not only does it allow those who have committed petty crimes, such as an MIP, to be given a second chance, but it also is vital when there is insufficient proof against a suspect for larger crimes. most plea deals happen when something little has happened and allows the court to take on more cases. when every single case goes to trial we would have a court system so backed up the judges would have to work around the clock and there still wouldnt be time. its too bad, i thought Wilson was a good candidate and a change of pace until now. obviously he knows nothing about criminal justice or the justice system, which in my mind is a very big deal, especially around Cowlitz County "

Kelso Resident wrote on Oct 3, 2008 6:45 AM:

" I think Plea Bargins are a joke, you do a crime you do the time! "

A Prosecutor wrote on Oct 3, 2008 7:52 AM:

" What a nut. In 2007 there were 2195 criminal cases filed in District Court alone (from the courts website). A district court trial can last between 1 and 3 days. Can you imagine the amount of resources it would take to hold 2195 trials each year? Not to mention the court would also have to fit in arraignments, status conferences, and all of the civil and small claims cases. Talk about a politition flapping their mouth without having any factual information about what they are talking about. "

Mrs. Pellwerds wrote on Oct 3, 2008 8:15 AM:

" Sure we all want there to be stiffer penalties for some crimes. But Wilson's statements are so ignorant to the problems justice system its pathetic. The problem isn't the prosecuting attorney's office, it is the judges and legislature. The legislature sets standard sentencing, the Judges sentence, and the prosecuting attorneys, umm... prosecute! Even if everything went to trial the judge will still sentence the convict to something ridiculously low. OMG this is US Gov't 101! "

tommy42 wrote on Oct 3, 2008 8:16 AM:

" Tom Wilson,
You must not want to be a County Commissioner. Nobody running for public office would make such a uninformed decision concerning "Plea Bargains".Do you realize that by eliminating the "Plea Bargain" our Prosecutors Office would not be able to charge lower
ranking crimes. No jail space. Is Tom Wilson going to steal money from our landfill fund to build another jail.
To all informed voters, Kathleen Johnson
at least has our local justice systems best intrests in mind. This is posted by someone who isn't even eligible to vote. "

lucky1 wrote on Oct 3, 2008 8:25 AM:

" I think if this were to happen you would have to shut down all other services in the county. Just the expense to do this would be the county's whole budget and we all know the ones being charged are not going to pay the expenses. "

coveredinit wrote on Oct 3, 2008 8:32 AM:

" Good grief Charlie Brown! Wilson just dropped his trousers on that one. He clearly knows NOTHING about the justice system. Getting called annually for jury duty, if we had 2195 trials a year I'd be in there weekly! There is NO WAY NO HOW that this county or any other would have the resources to fund this. Sounds like junior high ASB campains where the boy running for office is promising no more classes! Brilliant. "

luckyone wrote on Oct 3, 2008 9:17 AM:

" WOW! I was seriously thinking about voting for Tom Wilson but now I'm not so sure. What an absoutley rediculous stance to take. There are so many reasons to use plea bargains as our prosecutor mentioned but how about it saves the county money by not going to trial in every case? By the way Mr. Wilson, the commissioners are not in charge of the prosecutors office! "

Mr. Chinook wrote on Oct 3, 2008 10:16 AM:

" Welcome back for another term, Kathleen! "

rastor wrote on Oct 3, 2008 10:34 AM:

" What we need to know is how many plea deals are performed each week, and how long it would take to throw all of these cases to a judge? What do you do with the criminal while he/she waits for trial? Let them out? Keep them in an overcrowded jail? Wilson should have at least had those numbers on hand before making such a sweeping declaration. Tough on crime? Triple court cases, let non-convicted people out to perform more crime OR lock up all pending criminal cases in jail until trial...hmmmm what cost more.....? "

DUH wrote on Oct 3, 2008 10:50 AM:

" This just sealed the deal for me. Kathleen Johnson 08! "

Tortoise wrote on Oct 3, 2008 10:59 AM:

" All these ignorant mouth-breathers who are saying "do the crime, do the time" obviously have no idea where you're living. This is the United States, not Soviet Russia. We don't have massive gulags and labor camps that we can send an unlimited number of prisoners too. Do you have any idea how impractical and impossible this proposal is? The same people who are saying "do the crime, do the time" are the same people who would vote down a levy to build another massive jail that we would need to house all of these new prisoners. Don't get me wrong, I have no respect for Sue Baur, but the commissioner has no business telling the prosecutor's office how to handle their cases. "

Kelso Parent wrote on Oct 3, 2008 11:42 AM:

" I would think Tom knows he cannot take away the power of plea bargains, but I understand his frustration with the way they are used in Cowlitz County.

We have a serious crime issue and our county commissioners are supposed to be our advocate. I like a candidate willing to make strong statements and ruffle feathers.

Ultimately this is about the victims, the law enforcement officers and public safety. Kathleen has failed and our current way of doing business has failed. You cannot argue with the statistics. We need change, even if it is a little bombastic. Time to shake things up. "

Mrs. Pellwerds wrote on Oct 3, 2008 11:56 AM:

" Remember there is another option. Join the crowds writing in Todd McDaniel this election day. "

transplant wrote on Oct 3, 2008 1:48 PM:

" I cannot believe no one else has seen through this- an brillinatly organized plan by the GOP on the eve of the vice presidential debate to take all potential Palin gaffes and bury them deep in the Google gaffe search. In fact, I happen to know that they instructed every Republican running for local office in every state in the country to make that same statement a part of their political platform this past week. Russian bombers stopping in Homer for gas (read "trade mission" and "foreign policy experience") would no longer be fodder for those crazy liberal reporters to exploit. This would take top billing. There was only one problem with the plan, no one was crazy enough to actually do it. Well, almost no one. Oops. "

Cowlick wrote on Oct 3, 2008 2:37 PM:

" So Tom Wilson wants to do away with plea bargains and Kathleen Johnson would rather just arrange them with the judge herself. Too bad there isn't a good candidate left to vote for. Write-in Todd McDaniel!!! BTW, What a ridiculous comment, transplant! "

TDN Bad Boy wrote on Oct 3, 2008 3:25 PM:

" I don't think you can completely do away with plea bargains but at least Wilson is willing to take a hard stance against crime, which if you look at the justice system doesn't happen a lot in this state. His proposal is too far one way, our courts, prosecutors and judges tend to go too far the other way. I would like to see some heavier requirements for bail and some tougher sentences. That makes more sense to me than all the hug-and-release activity we have today. We are getting very close to the day when 3 strikes needs to become two strikes and when certain felonies count as a strike for life regardless of the age they are committed. A young sex offender most likely isn't going to grow into a fine young Liberal Democrat. Well, actually maybe they do. "

gimpy wrote on Oct 3, 2008 3:51 PM:

" As usual, TDNBadboy's comments are offensive. The Republican party ought to be proud to have such an upstanding fellow speaking for them. "

Longtimepol wrote on Oct 3, 2008 4:05 PM:

" Isn't it about time someone held the Prosecuters accountable? Sure we all know that he didn't mean all of the pleas. It looks to me like a reporter took an offhand remark and made a story. What's important is that criminals pay the price, not show up on the street a few months after the crime is committed. For one, I'm glad someone is stepping up to this issue. "

Blogger Jogger wrote on Oct 3, 2008 4:50 PM:

" Hey Big Guy, how about making sure that they don't do anymore vicious prosecuting. Honestly, some of the charges they file (the fatality accident involving a trailer, NO drugs, alcohol, etc.) swing the pendulum too far in the other direction. "

woah-woah-woah wrote on Oct 3, 2008 6:46 PM:

" This Wilson guy doesn't understand that they can only cycle so many defendants through the courts and so many prisoners through the jails/prisons at one time. It doesn't matter if we make a hundred super-tough laws declaring that everyone has to serve a million billion years for the first strike, there are still only so many justice-system man-hours ( = taxpayer dollars!) available to do the work. "

TDN Bad Boy wrote on Oct 3, 2008 10:58 PM:

" Yeah Gimpy. I am offensive to you. But I wish you had to tell the family in Idaho of the little girl who was rescued after her brothers and mother were murdered by a Liberal sex offender who grew up in Washington and was treated and released in Washington before torturing and killing the little boy, why we hugged him and released him. Yes, our justice system is perfect for people like you. Wilson is only saying what is true. It has to change. We cannot keep going the way it is. Is he going too far? Sure. But changing nothing is going too far too. If I had my choice, I would go too far his way. I'm sure your bleeding Liberal heart will never agree, and that's fine. Maybe the next, murdering sex offender in our state will slap some sense into you. I will guarantee you that if you look into that person's criminal background you will find more than one plea bargain. I guess that doesn't bother you one bit. "

TheGenius wrote on Oct 4, 2008 11:31 AM:

" I hate to break it to him, but there really isn't a practical way to apply this. At least he's trying to be tough on crime, but this has a slim-and-none chance of actually happening. "

Public Defender wrote on Oct 4, 2008 1:25 PM:

" As a public defender appointed to local municipal court cases, it was a shocking suggestion in several ways to do away with all plea bargains. Would the public be willing to pay the taxes needed to operate a court and correction system if there were no plea bargains? Cowlitz County now spends approximately 74% of its budget on law and justice. There would be no other services funded if we cut out plea bargains.

Does a no plea bargain approach reduce recidivism? One just needs to look at the number of people that commit offenses when they return from prison to answer that question.

The key to reducing recidivism, is to treat the underlying cause of the behaviour. We would be better served by establishing a mental health court with a substance abuse component within the district court system. Also establishing other specialty courts for domestic violence and driving while license suspended would help.

In the cases involving mental health issues or domestic violence problems, the benefit from intensive supervision with a strong treatment program well outweighs a "jail everyone" approach. "

Rosey Glasses wrote on Oct 4, 2008 10:24 PM:

" As I see it, mr public defender, most of the re-affenders don't want help. Most that I have known (and given up on) have simply gotten it overwith so they could get on doing what they always have done. I believe that if they can't keep it together after two times through the system... throw the book at them. Plea bargans are just that, a way for many to "just get it overwith so they can get on doing what they want, or always have done". I for one am sick of seeing these sex offenders and drug peddlers getting of so cheep. Many go through the hoops of rehab in order to get it over with. I have seen only 1 in 10 who really wanted the help and have made it work for them. I know of three that have made it work out for the better, one was a sex offender that has not re-offended in all the years I have known him (15 years now) the other two are young men who got caught up with their, so called, friends and meth, now cleaning up for their kids and girl friend/fiance(s). It is time we need to send a message that sex offenders and the meth, coke and heroin junkies and dealers will not be tollerated. Sex offenders should get life after their second offence (presuming they go through treatment and are deemed 100% never to re-offend). Drug peddlers should get the same figures. "

Public Defender wrote on Oct 5, 2008 9:12 PM:

" Rosey Glasses, the persons I was talking about are those charged with misdemeanors and not felony sex or drug offenses. The question still unanswered is whether or not you are willing to pay your portion of the cost to try and incarcerate everyone coming through the system. The county and city budgets would not provide for anything else but law and justice costs. I can't imagine the cost of all the new prisons that would be needed or where they would be built. "

donkey wrote on Oct 6, 2008 1:11 PM:

" Wow!
Is Tom Wilson the Sarah Palin of CC? I was going to vote for him too because he's not Kathleen Johnson. Incredibly, he has shown he would be far more incompetent already. I still don't know if I can vote for Kathleen, but I'm not voting for Wilson. We don't need people with such a lack of understanding of the way things work and have to work running the county. "

we need a better county wrote on Oct 8, 2008 7:53 PM:

" Have any of you thought that perhaps TDN did not publish the whole story? Shocking, I know, that a newspaper would not let the public know the whole story (extreme sarcasm there). I am not saying that Wilson's view as published is completely reasonable, but obviously, there is something not going right in the county. Why on earth would you want to reelect someone who has done nothing to improve this county? At least Wilson is wanting to make strides for a better future... "

PatRiotic wrote on Oct 12, 2008 6:07 PM:

" Well I guess we can add Cora Risley and all of Tom Wilson's other believers to the list of: "Who not to believe when voting for a government official"!

I know Tom Wilson, this is not the first time he has shouted into the wind, because he doesn't think things out. Why do you think he is no longer a Port Commissioner? As for Risley's vague idea of "How things should be 101", Get real. Why on earth would anyone want to place another $10 Million a year on the local taxpayers to cover this shameless campaign ploy. "

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