Prosecutor Candidate McGinty Responds to Questions on Controversial Procedures
This is a big election, and it comes at an important time. County reform is a little over a year old, and many changes have been instituted by newly elected County Executive Ed FitzGerald and the new County Council. But the reform process that has transformed Cuyahoga County didn’t affect the Prosecutor’s Office, until this election.
On Tuesday, March 6, Cuyahoga County voters will choose between five candidates for the position of Cuyahoga County Prosecutor: Subodh Chandra, Stephanie Hall, James McDonnell, Tim McGinty and Robert Triozzi. Each week, we asked a different set of questions:
WEEK THREE:
Please use a maximum of 700 words total to answer the following three questions:
* What is your position on “open discovery?”
* What is your position on “stacking” indictments?
* What is your position on using “jailhouse snitches?”
Definitions
* Open Discovery is the prosecutor sharing all information discovered during an investigation, no matter which direction that information points in, guilt or innocence.
* Stacking Indictments is when a person gets caught with say a rock of crack in their pocket while driving and the car, the cell phone, the money in their possession all become separate cases … now four instead of one. Three will be dismissed if the person agrees to the plea bargain.
* Jailhouse Snitches: If police believe someone is guilty and have no proof, they will place a paid snitch in the cell with the suspect, with the understanding the snitch will come out the next day and say the suspect admitted the crime to them overnight. They’ll take the witness stand and tell the same story. In some cases professional snitches used to be given a “license” to commit crimes, such as selling drugs, so the police don’t have to pay them out of their funds. Also known as a “get out of jail card.”
Prosecutor Candidate McGinty responds:
Open Discovery
I support open discovery. The goal of any criminal justice system is for the right person to be charged with the right crime. The goal of my administration as County Prosecutor will be uphold the ethos that justice is more important than convictions. Open discovery will also improve the quality and pace of justice.
Stacking Cases
Under my reform plan, we will create a Central Booking process where cases will be screened and attorneys assigned to insure that the right person is charged with the right crime. This will eliminate over-charging or “stacking” because most cases will be resolved prior to the case going to the Grand Jury.
Jailhouse informants
Any allegation or testimony provided by a jailhouse informant should be viewed with grave suspicion. As County Prosecutor I will work with local police departments through our Prosecutor Academy so that they will be trained in proven investigative techniques that will insure that the right person is charged with the right crime.
Click here to read the Prosecutor Candidates’ responses to ALL of Cool Cleveland’s questions.