OMAHA, Neb. (KMTV) — "Justice delayed is just denied."
The quote by William E. Gladstone is likely on the mind of many attorneys these days, especially those whose clients are waiting for their day in court from behind bars.
In Douglas County, courts are still trying to provide defendants with a speedy trial amid the coronavirus pandemic by using video conference. But private defense attorney Mike Stageman says this can cause issues of attorney-client privilege.
"For example, sometimes when you're doing various hearings with a client, you may need to whisper something to them, they may need to tell you something, and they may not want the whole courtroom to hear," Stageman said.
Stageman said the majority of his clients are not in custody at this time, and the slowing down of the court system has given many of them the chance to seek treatment that may reflect favorably on them when their case makes its way back into the courtoom.
"If the person engages in some sort of substance abuse treatment, whether it's Alcoholics Anonymous, getting an evaluation, even just individual therapy, these things are helpful for me to get a good resolution to the case, to show that they're taking things seriously and they're improving their life."
But for Douglas County Public Defender Thomas Riley, whose office handles over 4,000 cases a year in felonies alone, the virus is making things much more difficult.
Something as simple as meeting with a client in the jail and going over evidence is now a complicated process of having to manage technology and practice social distancing.
Another issue slowing down cases, is that there is a Nebraksa statute that does not allow for testimony to be conducted through video.
"They have a right have due process right, to be in the courtroom, they have by trial, they have the right to face to face confrontation with witnesses," Riley said. "And unfortunately in a situation like this, a lot of these conflicting interests are coming to the forefront. And there are no easy answers unfortunately."
Riley said he will push against breaking this statute, but fears down the road courts may rule to work around the issue if the pandemic continues in order to move cases along.
The only problem, this will likely lead to a large number of appeals when the pandemic ends.
"I talked with both the city prosecutor and the county attorney, addressing precisely that issue, and that's why we're pretty much in agreement right now, that let's not do any evidentiary hearings. remotely, because if, you know, if we do, and we lose, that statute is staring them right in the face on an appeal and say that this the court violated this statute."
It seems there are no easy answers for the courts or the defendants while the coronavirus slows down the wheels of justice.
