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Prosecutor's mistakes call for immediate changes

In Print: Saturday, February 20, 2010

   * Pinellas State Attorney Bernie McCabe 'dumbfounded' by prosecutor's actions in domestic violence case

   * Slain Clearwater mom lived for her sons
Pinellas-Pasco State Attorney Bernie McCabe said the right things about the case involving a Clearwater man charged
with domestic violence who made bail and then allegedly killed the mother of his son. McCabe said he was
"dumbfounded,'' publicly explained the mistakes made at a court hearing and outlined plans to coach his staff. He met
Friday with prosecutors who handle these types of hearings, and every part of the criminal justice system should re-
evaluate its actions in this tragic case.

Craig Alan Wall Sr. already was a suspect in the death of his baby boy, who died earlier this month after suffering
fractured ribs and brain trauma. The child's mother, Laura Taft, later obtained a domestic violence injunction against
Wall that banned him from contacting her. He saw her Sunday and was arrested and initially held without bail. But he
was out of jail by Monday evening because of a series of errors at a court hearing.

It was never mentioned by the assistant state attorney that Wall was a suspect in the death of his 5-week-old son, even
though that detail was in the arrest affidavit. It was never mentioned that Wall had spent 14 years in prison on charges
related to armed robbery, even though that detail also was in the prosecutor's records. Imagine how those facts could
have changed the outcome of a first appearance hearing where bail was set at $1,000. At the very least, the bond
would have been higher.

McCabe said it also was a mistake for the assistant state attorney to offer to settle the case so quickly without further
study. While plea arrangements are acceptable in a first appearance hearing in some minor cases, he said, they are
not in cases involving a potential victim of domestic violence. As McCabe noted, "one of the hardest things to train is
common sense.''

There is often debate about the effectiveness of domestic violence injunctions at protecting victims from further harm.
Those who have been threatened should seek every protection from the courts. Sometimes, though, a court order is no
deterrent for someone determined to injure another person. In this case, though, it should have provided more
protection. Taft sought and obtained a court order, Wall violated it and he was arrested. Only serious errors in judgment
allowed him to get out of jail so easily.

Every day, an assembly line of first appearance hearings is held, and those hearings determine whether defendants
should continue to be held in jail. Sometimes, bail is modified. The pace is often fast, decisions are quickly made and
the process keeps churning. In this case, the decisions were made too quickly and a series errors were made because
all of the facts were not made available. Wall will have to answer to the charges that he killed the mother of his child. To
his credit, McCabe already is answering for the mistakes made by his office and taking steps to correct them.


[Last modified: Feb 19, 2010 08:05 PM]