On Thursday, I traveled to the Amity Town Court in the
Village of Belmont to cover the criminal trial of former New York State DEC
officer Kenneth Basile of Wellsville. This review isn’t so much about the
colorful testimony of the defendant, it’s more about the building in which it
was offered. The situation I refer to is epidemic, and yet few are concerned.
We live in a society where we typically only become concerned when something affects
us personally…then we care. This process has resulted in the challenges
and downfall of local courts.
As I entered the building that holds the Village of Belmont
and Amity Town courts, I walked up a flight of stairs. No elevator and I immediately
thought, “what if you couldn’t make the stairs?” A law enforcement official
shared the same idea out loud. Before you get pissy, imagine – what if YOU
couldn’t climb a flight of stairs.
As I entered the second floor, I immediately encountered the
criminal defendant and his girlfriend. There was really no separation of space
between the defendant, police, witnesses and others. I’m guessing it was the ‘honor
system.’ I moved beyond the defendant closer to what I learned was the court
room. That’s where I hung out with Brian Quinn of the Wellsville Daily
Reporter. We shared a conversation, but during our ‘lulls’ we heard voices…the
voices of the defendant and his girlfriend involved in an exchange…lawyers and
police in another room and then muffled voices from the actual court room. Walls
were paper thin…you heard voices…and not on purpose.
At this point, I’m guessing readers may be saying, who
cares? The response is nobody…until you are the one facing a criminal (or even
civil) trial. It’s not a big deal to most. It is a BIG freaking deal to a few
(remember that foolish saying, innocent until proven guilty-which nobody cares
about until it involves them).
I should also point out that this analysis isn’t meant to
demean courts or judges or staff. It is however, a nudge to local governments
to consider future plans.
There is common misconception that local courts just deal
with guilty pieces of shit. Not true. Those courts must also accommodate the
defendant and the victim…families of both…police…attorney’s….typically in
incredibly small spaces. Local courts also handle civil cases. Do you really
want the neighbor you just sued sitting three feet away from you as you wait
for court space?
In the Belmont/Amity courtroom, it was a tight fit. It was
also hot, despite the fan blowing. The defense attorney and the defendant shared,
what appeared to be a folding table of six feet. Assistant District Attorney
Mike Finn had a chair. Lawyer paperwork was scattered about. There were three
folding chairs in the back, occupied by myself, Quinn and a third, well dressed
man.
Admittedly, there are not a ton of trials in local courts.
Again, you probably don’t care…unless it impacts you.
Around 2002, the Town of Wellsville put a plan before voters
to update the court space shared by the village and town. There was a public
meeting. Five people showed up. The town thinking was…increased security, increased
space so a defendant could actually speak with an attorney in private and a
better path for jail prisons to enter court, and more. Voters rejected the
plan. The idea died.
Someday, something will happen in a local courtroom. It will
cost a local government a fortune. Perhaps even then, nobody will care. If you
truly are innocent until proven guilty, then shouldn’t everyone involved in the
case be given some respect? Don’t you deserve a space to chat with a lawyer? If
you are a crime victim, should you and your family really be forced to sit feet
away from the accused?
All too often, we watch TV (i.e., Law and Order) and think
what we see on TV is the way it is. It’s not.
I'm not suggesting, by any means, the local governments construct new, multi-million dollar complexes. Merely, that local planning commissions consider this as they plan for the future.
I'm not suggesting, by any means, the local governments construct new, multi-million dollar complexes. Merely, that local planning commissions consider this as they plan for the future.
Like with most things in life, it probably doesn’t matter
until it impacts you directly. Then, it matters and you say, why wasn't this fixed?