Post by Anja Nieser on Sept 19, 2006 16:26:19 GMT -5
DA's letters to inmate improper, some legal experts say----References to
religion in correspondence questioned
Religion has long had its place in the criminal justice system, where
witnesses swear on the Bible and some courtrooms convene with prayer,
where prisoners undergo jailhouse conversions and victims turn to faith
for solace and answers.
But when a Midstate district attorney embarked on a deeply personal,
deeply religious two-year correspondence with a murderer he helped
prosecute - offering his prayers, quoting Scriptures and telling him that
God was speaking to him against a plea bargain in the case - did he cross
a line?
District Attorney General Bill Gibson of Cookeville is under scrutiny by
the Tennessee Bureau of Investigation for his correspondence with
convicted killer Christopher Adams, in which he offered legal as well as
religious advice. A state board that oversees lawyers' ethical conduct has
asked the state Supreme Court to suspend Gibson's law license.
Gibson e-mailed the Tennessean a statement over the weekend that read: "If
the worst thing I have done in all those years (as prosecutor) is to write
to a guy in prison and tell him I didn't think his case was being defended
right and about trusting God, I will call it a good career."
But current and former prosecutors, judges and victims advocates - none
involved in this case - question whether religion should play any part in
a relationship between a prosecutor and a prisoner.
"Can Chris Adams be redeemed through Jesus Christ? Yes, I know he can,"
said Verna Wyatt, executive director of You Have the Power, a victims
advocacy organization. Wyatt is a Church of Christ member.
"But was it Bill Gibson's job to do the redeeming? I don't think so. Can
he pray for him? Absolutely. But if he's being the prosecutor upholding
the law and seeking justice for crime victims, then I don't think it's
appropriate for him to evangelize and try to redeem the offenders that
he's working with."
Gibson, chief prosecutor in Putnam, DeKalb and several other Upper
Cumberland Plateau counties, defended his conduct with the state Supreme
Court's Board of Professional Responsibility now examining his exchange of
letters, saying that prosecutors are "referred to in the case law as
'ministers of justice,' with a higher responsibility than merely seeking
criminal convictions."
In the letters, Gibson offered both spiritual and legal advice to Adams,
34, who was convicted of 2nd-degree murder and especially aggravated
robbery in the 2003 slaying of 79-year-old Putnam County resident Lillian
Kelley. Adams is incarcerated in the state prison in Pikeville, Tenn.
"I have been moved, sometimes to tears, at the evidence of God's hand on
you and your situation," he wrote in one letter dated "Saturday 7/23."
"God has claimed you and the enemy has been throwing everything into
stealing you and the most he could do is borrow you for awhile. And so you
are God's property and will touch countless lives for him." In the same
letter, Gibson conveys news about his two children and asks Adams to pray
for them.
He pointed out a state statute that might help Adams' case and writes
"just learn that statute and be in prayer about what to do. The last thing
either of us needs to do is to rush or second guess God!"
Gibson signed one letter "Keep growing stronger in Him. Let your light
become a laser beam. I love you buddy and I pray God's richest blessing on
you. Bill."
"I think there's no question he crossed the line," said Jim Todd, a former
district attorney in both the juvenile and adult courts who is currently a
criminal defense attorney.
The job as a criminal prosecutor "tests your faith every day," said Todd,
an Episcopalian. "98 % of the people you prosecute are victims in one way
or another. But for their upbringing, they wouldn't be in the situation
they're in. But when you're on the job as a prosecutor, you have to check
your feelings at the door, because on the other side of that coin, that
person killed somebody. The victim has a family. Regardless of how they
got there, they're dangerous. It's fine to take a chance on somebody. It's
fine to put some body on probation when the situation justifies it. But
not because your religious beliefs do."
Davidson County Criminal Court Judge Steve Dozier, a Baptist, said that he
relies on his faith for guidance in making the right decisions, but would
never let his faith lead him to violating the ethics of his office.
"As judges or elected officials you take an oath to follow the law of the
state and to enforce those laws equally, so you might draw upon your
religion in terms of asking for guidance or asking for the right thing to
do in some important decision. But you can't allow your religion to affect
the outcome of a case. I don't know why a religion or higher being would
want me violating my oath of office."
Davidson County District Attorney General Torry Johnson said that those
involved in the criminal justice system often have to make judgments on
who deserves a 2nd or even 3rd chance.
But the guidance lies "in the framework of the legal system," said
Johnson, who described himself as a Presbyterian. "That's not to say you
may not feel sympathy or empathy for a given defendant. It's not to say
individuals can't use religion in their lives to sustain them in the work
they do, but that's different for it to direct your decisions."
(source: The Tennessean)
religion in correspondence questioned
Religion has long had its place in the criminal justice system, where
witnesses swear on the Bible and some courtrooms convene with prayer,
where prisoners undergo jailhouse conversions and victims turn to faith
for solace and answers.
But when a Midstate district attorney embarked on a deeply personal,
deeply religious two-year correspondence with a murderer he helped
prosecute - offering his prayers, quoting Scriptures and telling him that
God was speaking to him against a plea bargain in the case - did he cross
a line?
District Attorney General Bill Gibson of Cookeville is under scrutiny by
the Tennessee Bureau of Investigation for his correspondence with
convicted killer Christopher Adams, in which he offered legal as well as
religious advice. A state board that oversees lawyers' ethical conduct has
asked the state Supreme Court to suspend Gibson's law license.
Gibson e-mailed the Tennessean a statement over the weekend that read: "If
the worst thing I have done in all those years (as prosecutor) is to write
to a guy in prison and tell him I didn't think his case was being defended
right and about trusting God, I will call it a good career."
But current and former prosecutors, judges and victims advocates - none
involved in this case - question whether religion should play any part in
a relationship between a prosecutor and a prisoner.
"Can Chris Adams be redeemed through Jesus Christ? Yes, I know he can,"
said Verna Wyatt, executive director of You Have the Power, a victims
advocacy organization. Wyatt is a Church of Christ member.
"But was it Bill Gibson's job to do the redeeming? I don't think so. Can
he pray for him? Absolutely. But if he's being the prosecutor upholding
the law and seeking justice for crime victims, then I don't think it's
appropriate for him to evangelize and try to redeem the offenders that
he's working with."
Gibson, chief prosecutor in Putnam, DeKalb and several other Upper
Cumberland Plateau counties, defended his conduct with the state Supreme
Court's Board of Professional Responsibility now examining his exchange of
letters, saying that prosecutors are "referred to in the case law as
'ministers of justice,' with a higher responsibility than merely seeking
criminal convictions."
In the letters, Gibson offered both spiritual and legal advice to Adams,
34, who was convicted of 2nd-degree murder and especially aggravated
robbery in the 2003 slaying of 79-year-old Putnam County resident Lillian
Kelley. Adams is incarcerated in the state prison in Pikeville, Tenn.
"I have been moved, sometimes to tears, at the evidence of God's hand on
you and your situation," he wrote in one letter dated "Saturday 7/23."
"God has claimed you and the enemy has been throwing everything into
stealing you and the most he could do is borrow you for awhile. And so you
are God's property and will touch countless lives for him." In the same
letter, Gibson conveys news about his two children and asks Adams to pray
for them.
He pointed out a state statute that might help Adams' case and writes
"just learn that statute and be in prayer about what to do. The last thing
either of us needs to do is to rush or second guess God!"
Gibson signed one letter "Keep growing stronger in Him. Let your light
become a laser beam. I love you buddy and I pray God's richest blessing on
you. Bill."
"I think there's no question he crossed the line," said Jim Todd, a former
district attorney in both the juvenile and adult courts who is currently a
criminal defense attorney.
The job as a criminal prosecutor "tests your faith every day," said Todd,
an Episcopalian. "98 % of the people you prosecute are victims in one way
or another. But for their upbringing, they wouldn't be in the situation
they're in. But when you're on the job as a prosecutor, you have to check
your feelings at the door, because on the other side of that coin, that
person killed somebody. The victim has a family. Regardless of how they
got there, they're dangerous. It's fine to take a chance on somebody. It's
fine to put some body on probation when the situation justifies it. But
not because your religious beliefs do."
Davidson County Criminal Court Judge Steve Dozier, a Baptist, said that he
relies on his faith for guidance in making the right decisions, but would
never let his faith lead him to violating the ethics of his office.
"As judges or elected officials you take an oath to follow the law of the
state and to enforce those laws equally, so you might draw upon your
religion in terms of asking for guidance or asking for the right thing to
do in some important decision. But you can't allow your religion to affect
the outcome of a case. I don't know why a religion or higher being would
want me violating my oath of office."
Davidson County District Attorney General Torry Johnson said that those
involved in the criminal justice system often have to make judgments on
who deserves a 2nd or even 3rd chance.
But the guidance lies "in the framework of the legal system," said
Johnson, who described himself as a Presbyterian. "That's not to say you
may not feel sympathy or empathy for a given defendant. It's not to say
individuals can't use religion in their lives to sustain them in the work
they do, but that's different for it to direct your decisions."
(source: The Tennessean)