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Judge’s Ultimatum to Prosecutors: Name Crime Victims, or Cases Will Be Dismissed

Posted Mar 25, 2009 11:30 AM CST
By Molly McDonough

A Minnesota judge fed up with cases coming to her without names of crime victims has ordered prosecutors to produce fully identified. Initials won't do.

Excluded from her ruling are cases involving juveniles or victims of sex crimes. However, according to the St. Paul Pioneer Press, Judge Margaret Marrinan, of Ramsey County, has received four cases recently in which victims were identified only by initials.

Marrinan already dismissed the four cases, but gave prosecutors five days to appeal.

Addressing a prosecutor, Marrinan said, "Counsel, if you choose not to indicate publicly who the alleged victims of these cases are, you are denying the defense the opportunity to have the complaint stated with particularity. You are also attempting to avoid giving this information to the public and to the press."

Ramsey County Attorney Susan Gaertner told the paper this week that it's her office's practice to keep names of victims out of public complaints to protect the victims' privacy and safety.

"It's really that simple," she is quoted saying. "We do not believe that due process or specific statute require us to spell out the name of the victim in the complaint itself."

Hat tip Criminal Justice Journalists.

Comments

1.

Common sense
Mar 25, 2009 12:25 PM CST

I think the Judge is right in this one.  The Judge has to know who the victim is to know if she needs to recuse herself.  The right time to disclose the victim’s ID is at the start of the case, so the case can be transferred promptly, if required (rather than, say, on the eve of trial, or in trial when the prosecutor calls the witness and the Judge says “Hey, that’s my ex-sister-in-law,” for example.) 
And the defense attorney needs to know who the victim is, so the defense can investigate, of course.  So I don’t get the point of the prosecutor not naming the victim in the complaint.  If it’s so salacious that it needs to be kept secret, then file it under seal.

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2.

J.D.
Mar 25, 2009 1:14 PM CST

This is a greater problem in the immigration-lawsuit realm. Groups like ACLU-MALDEF-LaRAZA are suing cities for enforcing the rule of law; the “victims” are always unnamed illegal aliens who’s identities are hidden for fear of deportation.

How can a city defend against an unknown plaintiff? Well, they can’t without much difficulty. But judges are letting the open-border crowd get away with it.

Maybe this judge will stop that trend.

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