A document provided by the Attorney Generals’ Office showed that several cases were disposed each month since January.
In January, 18 or 60 percent of the 30 cases filed were disposed. The rate grew to 68.18 percent in February when 15 of the 22 cases were resolved. Of the 36 cases filed in March, 15 were disposed and of the 35 cases filed in April, 10 were disposed.
Only three of the 31 cases in May and three of the 24 cases in June were disposed, but this year’s record indicates a much faster prosecution process compared to almost a couple of years ago, the AGO stated.
In an interview on Wednesday, Buckingham said one of the steps his office took to make these changes “was to direct better services to the victims of crime.”
“I did this through a directive to all prosecutors, that requires victims getting information about cases and having the opportunity to give us their view before we accept a plea from a defendant,” he said.
Although some cases like drugs are federal, most of the crimes committed are local and are prosecuted by his office, Buckingham said.
When he looked at the number during his first year with the AGO, he said, he noticed that two out of three cases were either two or three years old and some were four and five years old.
Buckingham explained that the defendants would get arrested and the public would hear about the arrest and the high bail amount. “The public would think the case was resolved and the person would be in jail.”
He added, “What the public did not know was that seven to 10 days later, a routine motion to reduce bail would be filed. Bail might go from $50,000 to $5,000 with only 10 percent cash required. This means bail was really now set at $500.”
Buckingham said that had to change.
“I required as a policy for the office that bail requests would be opposed, if appropriate, in writing. In this way, the court and the public would know the history and risk to the public if a particular person were released on bail,” he said.
Asked how his office handles plea offers, Buckingham said they make a best offer at the start of the case.
For example, he said, they had a drug case in which the defendant could face 25 years. The prosecutor offered a plea to a lesser offense with a sentence of one year. If the defendant declines, Buckingham said, “we will either make a less desirable offer or take the case to trial.”
The offer gets worse if a defendant wishes to apply for a lowered bail — “our offer will be immediately withdrawn,” the AG said.
Last year, Buckingham issued a directive to chief prosecutor Mike L. Ernest and all assistant AG’s ordering them to take steps in meeting their obligations mandated by the amended Victims Rights Acts or Public Law 16-52, and “do what is right.”
Signed by Gov. Benigno R. Fitial in January last year, P.L. 16-52 requires the AGO to inform the victim or the victim’s family if the defendant seeks “appellate review of a conviction or sentence, the status of the case on appeal, and the decision of the appellate court upon disposition.”
It also requires that prior to the imposition of a sentence in a felony case, the Victims Advocacy Office “shall prepare a written victim impact statement which shall be appended to the pre-sentence report on the defendant prepared by the probation department.”
Buckingham told assistant AG’s to ensure that victims advocate Blumel Ada receives appropriate information following the filing of charges and arraignments.
He said it is the responsibility of each attorney to keep Ada advised of upcoming court dates, the type of hearing and bond status.
Asked if he is trying to “sharpen the sword of justice,” the AG said: “We are first making justice more accessible to victims. By making fair and early offers, we are giving the defendant a chance to take responsibility and get a better deal. If a plea is not reached we will take the case to trial.”
He added, “I worked in the criminal division before becoming AG. I managed my cases using this approach. It seemed to work and I applied these same principles to our entire Criminal Division when I became AG.”
