Special DA unit decides fate of cases

Kim Smith

Monday, Nov. 26, 2001 | 8:24 a.m.

Before grand jurors hear a word of testimony in any given case, the evidence brought to them has been thoroughly examined by a unit in the district attorney's office that rarely sees the inside of a courtroom.

The veteran prosecutors of the District Attorney's Case Assessment Unit, commonly called the screening unit, spend eight hours a day poring over police reports, reading witness statements, deciphering lab results and researching statutes for possible cases.

Ron Bloxham, Dan Bowman, David Barker, Jim Miller, Vicki Monroe and Valerie Adair are the attorneys who decide when people should be charged with a crime. They make the call on what the charges should be and how many should be pressed.

They also tell police officers if more investigation is needed before charges can be filed and which cases will never make it into a courtroom.

The decisions made by the team are the most important decisions his office can make, District Attorney Stewart Bell said. As a result, the attorneys he chooses to make up the team tend to be experienced prosecutors with more than 15 years trying cases.

They serve only two-year stints in the screening unit, to ensure their litigation skills don't atrophy.

The team, although little known, wields tremendous power. Wrong decisions could mean innocent people having their reputation ruined or victims being denied justice.

It's a responsibility none of the prosecutors takes lightly, Bloxham said. And they don't allow personal feelings to enter into the decisions.

"We only approve cases where there is a reasonable likelihood of the state prevailing," Bloxham said.

Each crime has different elements to it and each element must be proven by the evidence that exists. It is up to the prosecutors to ensure that the evidence is there before the charge is approved.

About 50 percent of the cases that come across their desks are approved immediately. The remaining cases are sent back to police for further investigation, Bloxham said.

Sometimes, Bloxham said, a case is put on hold while police officers wait for the results of blood or other forensic tests. Other times, more witnesses need to be found and interviewed or additional research has to be done on a potential defendant's criminal history.

Typically, each prosecutor reviews 45 cases a day, Bloxham said.

In some cases, because of their nature, everyone on the team has a say, Bloxham said.

Such was the case when 5-year-old Ammacyn Aban died.

The unit decided to file charges against her parents after she drowned in their backyard pool.

It was a controversial decision. Many in the community insisted it was simply a tragic accident.

The team decided to prosecute because the evidence showed the parents knew the risks of leaving the child unattended, yet let her play by the pool.

A preliminary hearing in February will determine whether the case goes to trial.

The whole team also reviewed the cases of two infants who were forgotten in sweltering cars and died. The parents were not prosecuted in those two cases because they didn't willfully abuse or neglect the child, the team decided.

"We're not just up here willy-nilly saying 'No, we can't prosecute those cases,' " said Monroe, the newest member of the unit. "We get offended by a lot of cases, but if there wasn't a criminal act, we can't go forward. We won't go forward on something we don't believe in."

When asked what the hardest part of her job is, Monroe's response was quick.

"Denying cases. Denying cases and dealing with victims who don't understand why their case has been denied," Monroe said. "In their minds, something happened and they want to know why something can't be done about it."

Bowman, who has spent 24 years in the district attorney's office, said he recently had a case in which $15,000 in damage was done to a condominium within days of a tenant's eviction.

The victim, the police and Bowman all believe that the evicted tenant is responsible, but they will never be able to prove it, Bowman said. As a result, no charges will be filed.

Police officers get just as frustrated as the victims do, Barker said. Many times they will think they have a "slam dunk" case because the suspect confessed.

They don't realize, however, that a confession alone isn't enough, Monroe said. Confessions are sometimes inadmissible in a courtroom and other evidence is needed to corroborate the suspect's version of events.

Over the years, as police officers have become better and better educated, the reports submitted to the DA's office have improved, Bowman said.