by Abby Wearden
In 1998, in Baltimore, Maryland, James L. Owens and James A. Thompson were convicted of the rape and murder of 24-year-old college student Colleen Williar (1). In 2006, new DNA evidence related to this crime surfaced, showing that both the semen and blood samples found at the crime scene matched neither Owens nor Thompson. With this new information, both men may have faced a new trial, and with that in mind, prosecutors offered both men Alford Pleas. This cause of action, which takes its name from the case of North Carolina v. Alford (2) is defined by the Institute for Legal Information as “Also known as a ‘statement of best interest’, an Alford as a formal claim is not captured by either. Guilt or innocence of charges brought against a defendant in a criminal court…an Alford plea of guilty halts the entire process of a criminal trial, since the defendant, usually only with the permission of the courts, accepts all the consequences of a guilty verdict without prior testimony that committed the crime to have”(3). Alford’s plea of guilty would allow both men to plead their innocence and be immediately released from prison, but legally they would still be guilty and would have that offense on their record. Prosecutors insisted to both men that they still had enough evidence to support their murder convictions and if they were tried they would remain jailed. Thompson, a distraught man who had spent almost 20 years in prison, pleaded guilty and was released from prison the same day (4). The crime is still on his record and he’s still a convicted felon. Owens, on the other hand, took a legal risk and turned down the deal, telling his attorney, Steven Mercer, that he wanted to clear his name and wait as long as necessary. Sixteen months later, in the fall of 2008, the prosecutor informed the judge that the state declined to prosecute, and Owens left prison with full exoneration. He later sued the state for the 21 years he was wrongfully imprisoned and was awarded a $9 million settlement. Using the examples of these two men, it is shown how the Alford Plea may have started out as something meant to do good, but has functionally evolved into something that is anything but.
Attend an indictment
In Alabama, if a person is charged with a misdemeanor or felony, their trial cannot begin until they are charged (unless they waive that right) . The prosecution is to make sure they are aware of the crime they are being accused of and to see if they have a lawyer. In addition, the judge decides whether or not they are granted age-related special benefits.
When the indictment is brought, the accused also has the opportunity to testify: