Pubdate: Wed, 09 Jul 2003
Source: Enterprise-Journal, The (MS)
Copyright: 2003 The Enterprise-Journal
Contact:  http://www.enterprise-journal.com/
Details: http://www.mapinc.org/media/917
Author: Matt Williamson

D.A. CANDIDATES AGREE INVESTIGATOR IS NEEDED

Hiring an investigator, making plea bargains consistent and considering the
use of alternative sentences were some plans laid out by candidates for the
district attorney's office Monday.

Candidates Dewitt "Dee" Bates, Nelson Estess, Hilton Miller and Gus Sermos
participated in a debate sponsored by the McComb NAACP Youth Council at the
Martin Luther King Center.

All candidates agreed the district attorney's office needs an investigator.
Sermos said filling the position would allow prosecutors to present stronger
cases without having to make plea bargains with defendants. Estess said if
he does have to make a plea bargain, he will look at the crime, the
perpetrator's criminal history, the strength of the case and deals offered
in similar cases before putting anything on the table,

Miller, an assistant district attorney, said some crimes, like drug
violations, have set guidelines for sentencing recommendations, although all
cases could have circumstances that need to be taken into account when
making a sentencing recommendation.

"Each case is unique and when you see a case that has special circumstances
that need to be mitigated, that's what you do, you mitigate those needs,"
Miller said.

Sermos said he plans to better prepare cases before going to the grand jury,
and that may eliminate the need for making plea bargains in the first place.

"When it comes time to make the deal, you don't have to make a
back-against-the-wall deal, you don't have to make a crawling deal," he
said.

Bates said the judge has the ultimate decision when handing down sentences,
but any deals prosecutors make should be treated impartially and equally
among similar cases.

Estess said he wanted to see a more consistent manner of making sentence
recommendations, to ensure that every defendant has been prosecuted equally
and every victim receives the same amount of recourse.

"The district attorney is the gatekeeper. The district attorney decides if
someone is prosecuted or not. The district attorney recommends the
sentences," he said.

Miller said several alternative sentencing programs currently in place have
ben effective in rehabilitating criminals while lowering the cost to keep
them locked up.

He said treatment is the answer for drug addicts convicted of crimes, not
jail. Programs like house arrest, Drug Court, and Regimented Inmate
Discipline "boot camp" have proven effective, he said.

Bates said repeat offenders should not be given alternative sentences, just
regular old jail time.

He added that more should be done to educate the public, especially youths,
about the consequences of crimes. He said most college-age young adults are
unaware that they could lose their federal aid if they're caught possessing
drugs or committing felonies. Other folks don't know the permanent
consequences a felony conviction could have on their life.

Sermos said alternative sentences should be recommended sparingly.

"When the community is not safe from robber's and burglaries because the
people who have committed those robberies and burglaries have already been
given those alternative sentences," Sermos said.
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