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Injustice in Nebraska... What is it about Nebraska that makes it a fertile ground for injustice? Why is Nebraska more prone to injustice than other, larger states?
The answer is the rural nature of most counties in the state and the very small number of people who control all the power inherent in the criminal justice system in those counties; counties like Madison County in rural, northeast, Nebraska.
Whenever too much power is given to too few people, corruption always rears its ugly head, given sufficient time. With no limits on the length of time Nebraska County Attorneys can hold office, the temptation to cut corners, engage in misconduct that escalates over time, engage in granting of favors, and to shortcut and ignore the most basic of constitutionally guaranteed protections in pursuing and gaining convictions, becomes stronger with each year office is held.
Madison County, Nebraska has 2 District Court Judges, 2 County Court Judges, 3 prosecutors working for the County Attorney, 2 courtrooms, and a Public Defender with one assistant. There is a pool of about 10-15 lawyers who are used as court-appointed defense counsel. The district court judges service 6 adjacent counties. Harris County, Texas has scores of judges, scores of prosecutors, dozens of courtrooms, and hundred of lawyers who can be called on to represent indigent criminal clients.
There are surely some unethical, compromised, crooked judges in Harris County, and some number of prosecutors who have succumbed to the lure of cheating to obtain easy convictions from friendly courts. However, their small numbers do not threaten or compromise the entire Harris County criminal justice system.
On the other hand, a single crooked judge, a single crooked prosecutor, or a single crooked public defender does totally compromise the entirety of the Madison County justice system. For at least the last 25 years the criminal justice system in Madison County, Nebraska, has been totally broken; a lawless badland where anything goes in order to prosecute and convict those deemed to be guilty before any trial has begun.
The Public Defender, Harry Moore, an incompetent, ethically challenged lawyer survived in his job for a number of years by working hand-in-hand with the County Attorney to sell out his court-appointed clients in advance of trial if they were unwilling to take absurd plea bargains. The County Attorney, Joe Smith, the man with the sole power to decide who to charge and prosecute, has engaged in personal and professional misconduct that was and is so vast in scope that it is hard to believe.. District Court Judge Richard Garden was involved in a secret arrangement with County Attorney Joe Smith for many years to keep Garden’s drug-addicted daughter out of prison. And, on at least two occasions, Judge Garden conducted secret, off-record, hearings to prevent misconduct by the County Attorney to be made part of the public record. There is no telling how many other “favors” Garden granted in the perversion of Madison County justice because of Joe Smith never charging his daughter and Harry Moore working with Smith to continue to arrange phony drug rehab treatments for Garden’s daughter.
This is just a small peek under the lid of the cesspool that passes for the criminal justice system in Madison County, Nebraska. Is it repeated elsewhere?? We shall see as others who have been subjected to similar circumstances post their stories on this web site.
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