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The Mineral County Prosecutor's Office deserves credit for its adept handling of a couple of high-profile cases where stiff sentences were handed down that won the support of both the accused and the accusers, without the trauma and expense of lengthy trials.
In September, former Mineral County Schools technology specialist Denise Fitch pleaded guilty to three counts of third-degree sexual assault, in a case involving three male teenagers. Fitch's position in the school system only added to an already shocking case, and with more than a year of pre-trial maneuvering, Circuit Court was poised for a lengthy, sensational trial.
That never came about, however, with Fitch agreeing to the plea deal, avoiding trial on the original 11 felonies she was charged with.
In addition to resigning from the school system and registering as a sex offender, Fitch was sentenced to one-to-five years in jail, with probation possible after the first year.
More recently, the Prosecutor's Office found itself center stage once more when Keyser funeral home operator Brian Smith was charged with felony offenses of first degree sexual assault and assault by a guardian, pleaded guilty to one count of battery. Smith was sentenced earlier this month to one year in jail, with all but four months suspended.
As with Fitch's sentence, some may think it too lenient, others too severe. As Judge Lynn Nelson noted in the Smith ruling, the sentencing will “please some and annoy others. Justice, like beauty, is in the eye of the beholder.”
Mineral County Prosecutor Jay Courrier noted that the plea arrangement helped both the victim's family and Smith's family avoid a painful, embarrassing trial. There is no telling how a jury will decide such matters, especially when facts are in dispute as with the Smith case. What is certain, however, is that a protracted trial, eliciting difficult and possibly traumatic testimony from both sides, would be a lose-lose for all involved.
As Courrier noted at the conclusion of the Smith case, “This was a very difficult thing for everybody. We did what we thought we had to do and what was in the best interest of the community and the families.”
That statement aptly sums up Courrier's approach to his position of trust and responsibility, evident in both the Fitch and Smith proceedings.
Mineral County and its citizens are well served by the professionalism and effectiveness of the Prosecuting Attorney's Office.
The Mineral County Prosecutor's Office deserves credit for its adept handling of a couple of high-profile cases where stiff sentences were handed down that won the support of both the accused and the accusers, without the trauma and expense of lengthy trials.
In September, former Mineral County Schools technology specialist Denise Fitch pleaded guilty to three counts of third-degree sexual assault, in a case involving three male teenagers. Fitch's position in the school system only added to an already shocking case, and with more than a year of pre-trial maneuvering, Circuit Court was poised for a lengthy, sensational trial.
That never came about, however, with Fitch agreeing to the plea deal, avoiding trial on the original 11 felonies she was charged with.
In addition to resigning from the school system and registering as a sex offender, Fitch was sentenced to one-to-five years in jail, with probation possible after the first year.
More recently, the Prosecutor's Office found itself center stage once more when Keyser funeral home operator Brian Smith was charged with felony offenses of first degree sexual assault and assault by a guardian, pleaded guilty to one count of battery. Smith was sentenced earlier this month to one year in jail, with all but four months suspended.
As with Fitch's sentence, some may think it too lenient, others too severe. As Judge Lynn Nelson noted in the Smith ruling, the sentencing will “please some and annoy others. Justice, like beauty, is in the eye of the beholder.”
Mineral County Prosecutor Jay Courrier noted that the plea arrangement helped both the victim's family and Smith's family avoid a painful, embarrassing trial. There is no telling how a jury will decide such matters, especially when facts are in dispute as with the Smith case. What is certain, however, is that a protracted trial, eliciting difficult and possibly traumatic testimony from both sides, would be a lose-lose for all involved.
As Courrier noted at the conclusion of the Smith case, “This was a very difficult thing for everybody. We did what we thought we had to do and what was in the best interest of the community and the families.”
That statement aptly sums up Courrier's approach to his position of trust and responsibility, evident in both the Fitch and Smith proceedings.
Mineral County and its citizens are well served by the professionalism and effectiveness of the Prosecuting Attorney's Office.
