Tradewinds April Web

Your DA. by Andy Womble
On November 22, 2013, I was appointed by Governor Pat McCrory as District Attorney for the First Judicial District. Since
taking the reins as District Attorney, one of my primary goals has been to reduce the average age of felony cases pending for
trial. (Average time for felony disposition is over one year) The three main advantages to reducing the age of cases for our
judicial system are (1) lessening victim impact; (2) improved evidence retention; and (3) more judicious use of resources.
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Victims of crime are the innocent bystanders of our judicial system. Crime victims have been adversely impacted by someone
else’s actions, often the conduct of a complete stranger who has violated their sanctity of life. The leading complaint cited
by crime victims is uncertainty surrounding the judicial process. As a criminal case moves through the system the length
of time to resolve it contributes to a heightened sense of uncertainty. Reducing delay brings closure to victims and their
families and eases anxiety over the process. It will be the principle role of the District Attorney’s Office under my leadership
to advocate for the victims and provide them a strong voice within the judicial system.
As recent cases have demonstrated, evidence in a criminal case can spoil over time. (See State v. Davis, Pasquotank County,
there our office negotiated a reduced plea because of the age of the case and its impact on our available evidence.) As
time passes, witnesses become impossible to locate and are therefore unavailable as they are increasingly mobile after the
date of the crime. Recollections fade and are subject to increased scrutiny as case age increases. As any good trial attorney
will tell you, a case is only as good as the evidence presented and the mere fact that someone has been charged does not
constitute evidence. In every case, a prosecutor must present strong and sufficient evidence that the defendant committed
the crime alleged and that evidence must be in the form of witness testimony, exhibits and tangible articles from the crime
scene. Reducing the delay from the date of the crime to the date of the trial enhances the prosecutor’s ability to present evidence
that is strong, convincing and untainted.
Finally, reducing delay allows the District Attorney’s Office to make a better allocation of limited resources. Each case
handled by our office must be evaluated independently and separately with an eye toward an ultimate resolution. Every case
is unique, and while it may not have a readily identifiable victim, justice demands an individualized evaluation rather than a
cookie cutter approach. Delay in the process results in cases being resolved by offense class characteristics rather than individual
merits. By reducing the age of cases, the District Attorney’s Office can devote the necessary time and effort that each
case demands. Reducing the age of cases further ensures that we are able to be flexible with criminal matters which result
in a trial by jury rather than by plea agreement. Our office intends to try more of the crimes of violence and inter-personal
crimes and give these victims (and society in general) their collective voice in court. Emphasizing violent crimes and crimes
involving personal and societal safety becomes a priority, thus making our community a safer and more enjoyable place to
live, work and raise a family.
Tradewinds magazine invited Nancy Lamb to write an article, Nancy lambs campaign has informed us she
will be submitting articles in future editions. Articles submitted by Womble and Lamb are not paid ads.
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