Court system's dysfunction on display with trial's delay

If it weren't so serious, so troubling and so egregious, it would be comical -- as in the "Who's On First?" comedy routine. But when an accused has been sitting in jail for three years awaiting trial, and the only explanations given by those in charge fall in the "stuff happens" category, it's no laughing matter.
When the special master appointed by a federal judge to delve into the issue of jail overcrowding in Mahoning County used the word dysfunctional to describe the criminal justice system, the response in the county courthouse was more defensive than determined.
The reaction to Atty. Vincent Nathan's evaluation was similar to the answers given when questions were asked about Donteill Grant's sitting in jail for three years, waiting for his murder trial to begin.
Tortured excuses are the order of the day.
It would have been refreshing -- and surprising -- if someone directly involved in the criminal justice system had said, "Atty. Nathan is right, we have a dysfunctional system and we're all to blame."
Likewise, it would have been wonderful if someone handling Grant's case had said, "The system has failed the defendant."
As was reported on the front page of the Jan. 29 edition of The Vindicator, assistant prosecutors and defense attorneys got on and off the Grant case, the court had other trials, files went missing and evidence wasn't turned over to a defense attorney. Hence, the three-year delay.
Grant, 27, of Youngstown, was indicted in January 2004 and charged with aggravated murder and robbery of Jefferson Smith Sr., who was found shot to death in his South Side home.
After a series of missteps, Grant's trial was scheduled to begin last month in Common Pleas Court, but was delayed -- for the 10th time -- until April 23.
No sense of urgency
If you've heard this song before, that's because it's on the criminal justice system's hit parade. There is no sense of urgency; deadlines do not matter; and, no one bears responsibility.
Indeed, in 2005, Prosecutor Paul Gains complained that he didn't have enough prosecutors, which contributed to the backlog of cases. The county commissioners gave him the money to add five assistants. And yet, his office continues to drop the ball.
Likewise, the state legislature heard the pleas of the judges of the state court system and deemed that the hiring of magistrates was justified. But court dockets still reflect an unacceptably high number of pending cases.
If there is a silver lining in this tale of justice delayed for Grant, it is that the wall shielding the court system from the public is beginning to crumble.
Several weeks ago, Prosecutor Gains said he has begun "putting judges on notice" as to "who's been sitting in jail" awaiting trial. He wants the older cases to be dealt with first.
The veiled criticism of the judges by the prosecutor was not lost on Judge James Evans, who is presiding over the Grant trial. He made it a point to remind prosecutors that the defendant has been languishing behind bars for so long because of all the delays in the trial going forward.
Such finger-pointing is good for a system that is dysfunctional. Now that Gains has dissed the judges, it is a safe bet they will be gunning for him.