It is true that the principal does not have to be charged/convicted. But if someone were tried as an accessory, evidence of the alleged murder would still be presented. This most often happens when the alleged murderer is dead. If a minor were the alleged killer, there would IMO be no murder to offer evidence of. The intent, a key element, would be missing. I do believe there may not have been enough evidence to confidently proceed, but that rarely stops prosecutors in a case such as this one. Their behavior is odd, but not wrong IMO. If they did believe a minor committed the crime, I don't have an issue with their behavior. I'm not saying it is ideal, but that was what the law was. There was no "justice" that could have been pursued - I find that to be a complete illusion in murder cases. Nothing brings the victim back or gives he/she an ounce of comfort. There will never be justice for JonBenet, tragically.
First, we really dont know that the murder charge applied to the underage male. Could be, or could be the GJ was not certain of this. So setting aside the accessory charge to murder, the case could have been pursued as one of child abuse and accessory to child abuse. This is simply my opinion, but its based on research. Not my only point, however.
Respectfully, I disagree 180 degrees on the DAs behavior being simply odd. And let me apologize in advance if I come across impatient. I mean nothing personal towards you, very much respecting that youve a law degree and background experience in criminal justice. But there seems to be a gap in knowledge about the application of the law by this Boulder DA AH.
AH fought to keep this case, in spite of the explosive nature of it. If he didnt know he was over his head in handling a case in which the evidence was primarily circumstantial, he may have had other reasons for holding onto the case against the recommended guidelines for attorneys to avoid even the impression of impropriety. We really dont know. But I do know AH had actually a very good excuse for bowing out as he had a business relationship with the attorney who handled the Rs private legal affairs. The chief deputy PH in that office was in tight with JRs criminal attorney (BM), once voicing loudly that his decades of having breakfast with BM would not stop, in spite of the R case or the impression of impropriety. But thats just the tip of the iceberg as far as this particular office. Silverman, a Denver attorney made the public claim once that AH was known as being the weakest DA within the state. Peter Boyles called him Monty Hall (as in Lets Make a Deal fame). I mention this as Silverman and Boyles are in more position to know these things than most of us here.
There was a very long tradition of plea bargaining under AHs direction. Some of the plea bargaining with defense attorneys occurred before anyone had been charged. (Example: Thayne Smika case in which AH signed an agreement with the defense attorney not to indict.) Another example of going easy on attempted murder perps was this story from STs book:
PH, a chief deputy in AHs office was dealing down more than 90 percent of the felony cases in Boulder County, including some of the most heinous crimes one could imagine murders, rapes, and cocaine dealing. In just one example, a man sliced the throat of another man from ear to ear outside a Pearl Street bar in 1981, then fled. Somehow the victim survived. The suspect was found on the Caribbean island of St. Croix eleven years later and extradited back to Boulder to face attempted murder charges. The sentence after the plea bargain was three years probation, which he was allowed to serve in St. Croix.
By the mid-1990s, AH admitted the plea- bargaining figure for his office was about 93 percent, although one newspaper put it nearer 97 percent of the felony cases. At the start of the year 2000, one of his own deputies, MK (ML), was campaigning to become district attorney herself and claimed that only seven-tenths of 1 percent of the cases filed in Boulder go to trial. That meant an astounding 99.3 percent of the cases were being plea-bargained!
IRMI, pp63-64 Kindle Edition.
On the JonBenet case one of the strong complaints from ST was that AH refused to allow warrants for phone and credit card records at the very beginning. By the time warrants were prepared, the cell phone records had magically disappeared for the month of December. AH also signed an agreement with the defense attorneys that the R family medical records were off-limits. Another complaint was the long delay to establish a GJ.
According to many, the initiation of a GJ should have occurred much much earlier. This was noted not just by Kane, but also by the FBI, who were urging AH to establish the GJ and put the Rs under oath. Here is their brief exchange from PMPT: With no disrespect to your position as DA, said Bill Hagmaier of the FBI, I know the grand jury is your call Yes, its my call, Hunter said, cutting him off. And Ill make that decision after Ive considered all the alternatives But this little girl has been dead and buried for over eighteen months, Hagmaier continued in a firm voice.
Hunter turned red. This is a political decision, he said. It is not a police decision.
FWIW, I know there will be no traditional justice for JonBenet. I've no illusions about this. My intent is simply to discern what truths may still be told.
. So how was your trip to Telluride? Meet anyone interesting? As in JK
