Letter: Prison isn’t the only tool

Mr. Hartman,

Your letter was a breath of fresh air. Your approach was fair, your questions were valid, and your tone was respectful. Thank you.

Does accountability always mean incarceration? No. Conversely, can accountability mean staying in the community, working to support a family while following the rules under local supervision? Absolutely.

When I said in the press release announcing my candidacy that I believe probation and community corrections are often appropriate, those words were supported by a nine-year record in Dubois Circuit Court. If you take into account the broad spectrum of cases in Circuit Court (which is what you’re asking about) you’ll find not only child molesting and rape, but also criminal mischief and harboring a non-immunized dog; you’ll find not only strangulation and aggravated battery, but also misdemeanor battery and harassment.

If you look at my entire caseload over that nine-year span as a deputy prosecutor, you will see that I sought probation or community corrections in many of those cases, likely the majority of them. I have not previously highlighted that fact – it doesn’t really help voters distinguish the candidates from each other.

A judge or prosecutor has many tools in his tool bag. Prison is only one of them. It’s wonderful (and preferable) when a defendant can be held accountable and remain in our community – working, being productive, and supporting his family. So rest assured that I would take advantage of the resources that we have available locally through community corrections and the probation department.

On the other hand, while prison isn’t the only tool, it is a tool. And you can be sure that when it’s appropriate, I won’t be afraid to use that tool.

You made mention about my choice to highlight certain serious cases that make the “best Facebook posts.” I do think that those posts (and more are coming) are helpful, but not because they attracted viewers. They are helpful because they assist voters in distinguishing between the candidates.

As you notice, in the cases I have highlighted so far, the disagreements with Judge Verkamp involve serious cases where he either did not send a defendant to prison or released a defendant from prison.

I believe talking about specific cases like these is essential, particularly given that Judge Verkamp and I have used some of the same language in our respective campaigns. While he has not highlighted the word accountability as much as I have, he has also mentioned holding people accountable. Without some specific past cases for voters to ponder, it would be difficult for them to see the differences between the two of us.

You asked for examples of when I think probation or community corrections is a better option than incarceration. You asked where I would draw the line. Those are totally reasonable questions to ask. However, they are difficult questions to answer, given that the rules do not allow Judge Verkamp or me to make statements that could be interpreted as a promise to rule a certain way in a future case.

I can tell you that every case is different and there are many factors to consider. You mentioned some of them. Is this person a first-time offender? Is this person struggling with an addiction? Is it a nonviolent misdemeanor offense? These and other factors must be considered and decisions made on a case-by-case basis.

What about rehabilitation? As I also said in the press release announcing my candidacy, I believe people can change; thankfully, poor choices don’t have to define us for the rest of our lives. But a judge has the responsibility to balance helping the defendant get to a better place in his life with protecting the rest of the community. Sometimes rehabilitation can take place locally, and we should celebrate that. But sometimes rehabilitation needs to take place in prison.

What about pre-trial services? Yes, Circuit Court has plenty of misdemeanor and nonviolent crimes. But Circuit Court handles the vast majority of the county’s violent/serious crimes, some of which are especially uncomfortable to talk about. A judge should take into account the safety of the community when deciding whether to release a defendant from jail while his case is pending or require that he post bond.

As for your suggestion of getting Judge Verkamp and me in the same room to answer questions publicly, count me in. Whether it’s a debate with Judge Verkamp or answering questions in writing for the Free Press, I’m in favor of anything that will help the voters distinguish between the two of us.

Which brings me back to how much I appreciated your letter to the editor. You are seeking to encourage dialogue rather than stifle it. At the end of the day, if we see things differently, that just means we disagree.

I believe in the democratic process. If voters see the differences between Judge Verkamp and me and choose him, I respect that. But I do believe voters are entitled to have the facts necessary to make an informed decision. Thank you for being a part of that process.

Respectfully,

Brian Lucci
Candidate for Dubois County Circuit Court Judge