Trending
Many people participate in a court case rolling through the justice system properly, but the major responsibility sits on the shoulders of the prosecution.
The U.S. Constitution makes that clear. There is no single statute that says it. It's a network of amendments that puts the burden on the state.
The Fifth Amendment says a defendant can't be compelled to incriminate himself and can't be deprived of rights without due process.
The Sixth Amendment requires a speedy, public trial, a lawyer and an impartial jury, as well as the proper jurisdiction, full information about the charges and evidence, and the opportunity to question witnesses and call witnesses for the defense.
The 14th Amendment doubles down on it all in the Citizenship Clause: "... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
It isn't a defendant's job to prove innocence. It's a prosecutor's not only to establish guilt but also to do so within the rules of the game.
That's a weighty responsibility given the ramifications. If a case isn't made at all, a guilty person might go free. If a case isn't made properly, an innocent person might go to prison.
Both are unacceptable outcomes. Founding Father Benjamin Franklin said "... it is better 100 guilty persons should escape than that one innocent person should suffer." Most people probably agree that we try to make sure we are sorting those particular pegs into the proper holes.
Westmoreland County Common Pleas Judge Christopher Feliciani drew hard lines with prosecutors Tuesday for not living up to their burden.
The case in question is significant. James M. Sever is accused of planting two bombs in 2025. One was placed under the riding lawn mower of his former landlord after an eviction. The other was on a rented pickup in a relative's driveway. The lawn mower bomb detonated. The other was discovered before that happened.
Despite a court order to share federal investigators' reports about the devices, prosecutors have not done so, according to defense attorney Marc Daffner. The prosecution couldn't confirm whether those reports are available.
The judge didn't think that was a good enough answer, demanding the evidence be turned over within 60 days. If that doesn't happen, there could be sanctions. Those consequences might include dismissing the case.
The case is a perfect example of why the weight placed on the prosecution is so important.
If Sever is that one-in-a-hundred innocent man, the speed with which the case plays out is crucial to his liberty. He was arrested one year ago today, and Pennsylvania law demands a trial for an incarcerated person begin within 180 days -- although there are exceptions.
Issues like these are not new. The Westmoreland County District Attorney's Office has had other cases dismissed over speedy trial violations.
But if Sever is guilty, following the rules is what prevents a public danger.
Should Feliciani be put in a position where dismissal is on the table in 60 days, that can't be blamed on the judge. The court should not be required to put a thumb on the scale to mitigate a risk created by the prosecution.