Editorial: Realize the difficulty of the case

Published 8:48 am Friday, December 5, 2008

People who are hot and bothered about gross misdemeanor charges brought against six women in a case alleging abuse at the Good Samaritan Society of Albert Lea need to cool off.

These people think Freeborn County Attorney Craig Nelson has not filed strong enough charges, and they are upset the defendants might not face jail time.

They fail to realize Nelson deserves praise.

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This is a difficult case. There are no witnesses. The victims cannot testify against their alleged abusers. Anyone who knows one whit about the field of law — even if only from watching TV shows — should comprehend that confessions are not a solid lock. There is no legal smoking gun in this case of elder abuse at a local nursing home. Bringing charges at all is a major step.

Why are we saying this?

Look, anyone can ask local officials and find out the Tribune is neither friend nor foe to them. This Editorial Board came out in opposition of Nelson’s requests for a higher raise two years ago.

That said, the Tribune strongly feels the law needs to be applied appropriately. A horrible thing any community can have is a prosecutor who files overreaching charges in an effort to satisfy politics (i.e. public clamor) rather than actually matching the evidence available to the correct charges available.

What happens in places with political prosecutors is the overreaching charges often fail to stick. The legal system ends up spending tax dollars on cases that were never there.

This should not be a rush to justice. It should be careful and plodding. Of course the charges are serious. They are no slap on the wrist. Nelson filed them after months of investigating, piecing and pondering. The charges Nelson filed Monday indeed do include the possibility of jail, and, if the verdict is guilty, Nelson does not sentence. Only judges sentence.

Give the county attorney his due credit. Give the man your patience. Most importantly, understand how difficult and how unusual this case is.