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Two former Kanawha County prosecutors defended the use of plea agreements on Thursday,
calling them a necessary and important law enforcement tool.
Their comments
came after Keith Jeffers -- who was given a suspended prison sentence and placed
on home confinement and probation after he entered into a plea agreement with
prosecutors in 2003 -- was arrested in the deaths of three people in Amandaville
this week. "It's a necessary tool to plea bargain with
bad people to get them to help you," said former Kanawha County prosecutor
Bill Forbes. "Without that tool, a lot of cases can't be made." Jeffers,
30, pleaded guilty to malicious wounding without a firearm and conspiracy to kidnap
with a firearm in November 2003. He was indicted for his part in a brutal home
invasion, in which he and two other men beat and tortured a man while they forced
a woman to sit in the living room. According to the criminal complaint,
Jeffers forced the man into a bathtub full of water where he tried to shock him
with an extension cord. The other assailants then tried twice to cut off the victim's
right pinkie finger, but failed when both of the knives they used were too dull. Forbes,
who was not in office when prosecutors cut a deal with Jeffers, said he believes
Jeffers had "significant information" about criminal activity on Charleston's
West Side at the time. He said it was unfair to blame Circuit Judge Tod
Kaufman, who put Jeffers on probation, for Jeffers' subsequent actions. "Judges
make easy targets because they can't defend themselves," Forbes said. "All
[Kaufman] did is what the prosecutor asked him to do. As a result of what they
did together, some murders were solved, and some people got put away." Mike
Clifford, who was the county's prosecuting attorney when the plea agreement was
made, said Thursday he didn't remember Jeffers' case specifically, but accepted
responsibility because it happened on his watch. He said he trusted the
judgment of the assistant prosecuting attorneys who signed the plea agreement
with Jeffers, Don Morris and Rob Schulenberg. Clifford said it was common
practice for prosecutors to enter into plea agreements with potentially dangerous
people and to stand silent during sentencing. "What you hope to do
when you're a prosecutor is to offer plea agreements to the least culpable,"
said Clifford. Phil Morrison, executive director of the West Virginia Prosecuting
Attorneys Institute, said television shows like "C.S.I." have given
the public unrealistic expectations that physical evidence alone can produce felony
convictions. "Prosecutors routinely -- because there's no other way
to access certain types of evidence -- make deals with people who are involved
with the commission of crime," said Morrison, who worked as an assistant
prosecutor under Clifford. "If you want to try the devil, sometimes
you have to go down there to get your witnesses," Morrison said. At
the time of the plea agreement, Clifford said, law enforcement faced a lot of
pressure to get violence on the West Side under control. "We had a
tremendous amount of homicides during that time," Clifford said. "It
seemed like we had a shooting a week." Forbes said that judges needed
to rely on prosecutors -- and their successors -- not to hammer them if a plea
agreement turns bad. "There has to be an institutional consistency
and acceptance of the risks that we take when we make those deals," he said. Morrison
emphasized that judges and prosecutors don't have crystal balls and can't predict
the future. "You plea bargain for what they can give you right now,
not what they may do in the future," he said. "Whoever made the
call on [Jeffers], I'm sure that they made the call for a reason," Morrison
said. "They got something out of this guy, or they wouldn't have done it.
And it was probably something major." |