Problems With Plea Bargaining

Kudos to Samuel Pillsbury for calling attention to the important issue of innocent people pleading guilty (Commentary, Nov. 28).

As a professional sign language interpreter for 27 years, working in a number of venues including our courts, I have seen many unusual situations. In one case a young deaf transient was charged as an accomplice to stealing a TV set. He was in the apartment of some new “acquaintances,” asleep on the sofa, when two of them returned with the merchandise. The sleeping deaf youth couldn’t hear the commotions and didn’t know anything was amiss until awakened by officers who arrested him along with the duo caught red-handed.

Lacking community ties or money for bail, he was held in “custody” (jail) awaiting trial. Requests for release without bail were denied. The district attorney’s office offered to accept a lesser-offense guilty plea and release him on probation the same day. But if he persisted in asserting his innocence he would remain in jail until trial.

He asked his public defense attorney, “Is my interpreter screwing up the message here? This doesn’t make sense. The interpreter says if I plead guilty to a crime I did not commit, I’m not a danger to the community and can be released today. But if I claim my innocence, then they’re going to hold me in jail for several more weeks. This is nuts!” The attorney assured him that my interpretation had been correct. And my young deaf client was correct: This is nuts!

DOUGLAS DUNN

Oceanside

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It is not quite accurate to compare criminal pleas in California and Russia, for the simple reason that plea bargaining is unknown in Russian law. I agree that the California system of justice is probably superior to Russia’s. But whether it is true regarding plea bargaining is a big question mark.

Under Russian law, justice is not subject to auction and lawyers are not the bidders. Pleading guilty does not stop the trial. The guilty plea is just one part of the evidence that is to be weighed by the court, along with all other evidence. From here, it is easier to see what system is more protective against false confessions.

VLADIMIR BOGORAD, Atty.

Former Assistant Minister

of Justice of Russia

Sherman Oaks