Wednesday, August 13, 2014

A Judge's Nightmare

The entire State of Minnesota grieves the tragic and senseless murder of Mendota Heights Police Officer Scott Patrick on July 30.  Conducting a routine traffic stop, he was apparently gunned down in cold blood at close range by the driver of the vehicle. 

That driver is believed to have been Brian Fitch, now charged with first degree murder in Officer Patrick’s death. 

Fitch had appeared before a judge several months ago, facing a presumptive prison term.  The judge placed him on probation and ordered to a specific chemical dependency treatment program that I have sentenced many defendants to from my courtrooms.  It is a good, tough program that has had a decent track record with tough cases.  Fitch apparently left the program before completing it.

It is the situation all judges fear.  We are called to administer Justice, tempered with mercy.  We are aware that the United States imprisons a larger percentage of its population than any other country in the world.  A large part of our prison population are there because of drug offenses, and many authorities on the subject say it is far more cost effective to offer chemical dependency treatment than imprisonment.

In cleaning out my desk last month, I found a letter or two, thanking me for giving a particular person a second chance, and telling me that he or she has now been sober for months or years.  While these letters certainly make me feel good, I can’t help but think that it could have gone the other way:  The person who should have been sent to jail or prison for drunk driving becomes intoxicated again, is involved in an accident resulting in serious injury or death.  Then it would be me, answering my front door to find that cameras rolling and a microphone in my face asking for explanations. 

Judges can never be absolutely certain, even after a trial, that we know what happened at a particular event in the past.  We surely can’t be certain what may happen to a person in the future.  So, as all human beings, we must make the best decisions we can with the best information we have.  We hope and pray that our decision is correct.

As recent events testify, some times, tragically, they are not.

Our hearts go out to Officer Patrick’s wife and daughters, as well as to his law enforcement family from every department across the state.  All of us join in their grief and sorrow and ask that question that has no answer, at least in this life: