Thursday, August 18, 2011

Timothy Smith case moves along

A hearing in the Timothy Smith murder case was held this morning in the Jail Court. A two-part motion was granted, one part of which allowed the release of property (finally) of Kurt Milliman to the Milliman family.

When court was about to start, the sound system obviously had not been turned on to allow visitors in the seating area to hear proceedings. Although I motioned to the bailiff, I was studiously ignored. I thought the signal of standing and pointing to my ear might be enough to alert him to turn on the speakers, but it was necessary to get a corrections officer, and he did get the bailiff's attention.

My thanks to Judge Condon for confirming that those visitors to the court were able to hear. Next time, perhaps they'll turn up the volume.

I have a serious quarrel with the admittance procedures for the Jail Court, and I shall ask the Court Administrator, the Chief Judge and the State's Attorney to review those procedures. One family member of the victim was refused entry because she did not have a government-issued photo identification with her.

Corrections Officer R. Mikel was courteous as he refused entry, and he offered to call his sergeant. The family member could provide a non-government-issued photo ID card and a government-issued ID without a photo, and that should have been good enough. But for the sergeant it was not. CO Mikel, thanks for trying.

Courtrooms, whether in the Government Center or the Jail, are open to the public. Admittance should not have been refused. The courtroom viewing room is about 15 steps from the security machine. The family member was not trying to go to a different room where visitors are able to communicate with inmates.

No ID is required to enter any courtroom in the Government Center, only the courtroom in the Jail. The Jail needs to change that policy, or it might find itself on the losing end of a court action.

I'm even unsure about the validity of the Jail's requirement of an ID, when a visitor shows up to talk to an inmate via the video-conferencing arrangement. My guess regarding the ID is that they are able to apprehend anyone who is wanted, because they run the IDs through their computer systems. If a visitor were meeting with an inmate face-to-face, inspecting an ID might be important. But to sit down in front of a video monitor and speak into a telephone? An ID for that?

The Sheriff's Department has worked itself into a frenzy over "rumors" of threats against Timothy Smith. As a result, hearings in his case are in the Jail Courtroom, where a glass wall and barrier separate defendants from observers. Some of us have a strong opinion about the source of those "rumors".

What do you think? Should you have to give your photo ID to a corrections officer to hold while you attend a public court that just happens to be in the jail? By the way, you can't even carry your cell phone or car keys into that courtroom. You must place them in a locker, for which the jail provides a lock and key. Why are those separate rules, different from entering any courtroom in the Government Center, in effect?

Smith's next court appearance will be September 22, 9:00AM, in the Jail court.

Kimberly Smith's next court appearance is tomorrow morning at 9:00AM in Room 302, Judge Condon's courtroom in the Government Center.

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