Solicitor: "CSI Has Ruined Us"

“CSI Miami, New York and Las Vegas have ruined us as prosecutors and as law enforcement,” said Solicitor Walt Wilkins III.

Wilkins says that TV shows such as the popular “CSI” Franchise raised unrealistic expectations in juries and the justice system is suffering for it.

Wilkins spoke before a meeting of the Pickens Taxpayers Association, taking questions from members and also from the three candidates running for Pickens County Sheriff.

Assistant Sheriff Tim Morgan spoke about the frustrations law enforcement officers face in dealing with the difference between the reality of police investigations vs. what is depicted in pop culture.

“It's the same system we've basically used in the 1800s,” Morgan said, of the justice system. “It's only gotten more complicated since then, when the judge would come around the circuit and hear just a few cases.

“Juries get their education from watching television – the 'CSI Effect,'” he continued. “When officers investigate, they can't pick their victim, they can't pick their witnesses and if you don't have a hair sample or blood or video or DNA, it makes it very difficult. It seems like it's a lot of smoke and mirrors attorneys use to confuse the juries. We've all seen the OJ Simpson trial and those type of fiascoes. Jurors get confused about what's required, what they've heard, what should have been and they compare it to what they've seen on television.”

Morgan asked Wilkins if anything the solicitor's office, law enforcement and the community could do done to “start changing the culture of the system.”

“It seems like something's going to have to change in the future, or we're not going to be able to keep up and survive with the way things are going.”

Wilkins said the “CSI Effect” is “alive and well.”

“I've seen us lose jury trials … because we don't have the fingerprints or the DNA or the hair sample or the video that we need,” Wilkins said. “When my daddy was solicitor in the 70s, if a law enforcement officer said it, it was true, and nobody doubted it. But with the press and the advent of OJ and Rodney King and all these things we've seen over the last 20 years, that's not true anymore. So when we're evaluating a case, and we're trying to prepare it to prove beyond a reasonable doubt to a jury of our peers in Pickens County, we've got to make sure that not only an officer testifies well but that we corroborate his testimony. And that's hard – very hard.”

Solutions to that problem are difficult, but Wilkins said training can help.

His office offers training opportunities for law enforcement, including courtroom testimony.

“A lot of officers that we get have never come to court and actually had to testify in front of a jury,” Wilkins said. “It's hard. Juries are really looking at the officers, gauging their credibility.”

The training includes “how to testify to a jury, trial prep,” Wilkins said.

“We make it where there's a lot of cross-examination,” he said. “We put them on the stand and we cross-examine them like a defense attorney. We beat them up a little bit. We want to be there to assist law enforcement in those legal landmines that we can very easily step in, so when it comes to trial we don't have those problems.”

He said the “CSI Effect” often factors into cases.

“It goes into our assessment of cases, unfortunately,” Wilkins said. “The defense lawyer says, 'Well you don't have a video and you didn't get this,' so maybe our plea offers goes down, maybe it doesn't.”

Rick Clark asked if the solicitor's office was feeling pressure.

“You're kind of the middle man of the justice system, us as cops pushing to you, judges on the other end,” Clark said. “Are you feeling pressure, and maybe the judges feel this too, to make more pleas or run them through, because the legislature would rather fund a Bait Museum in Florence than a prison?”

Wilkins said a prison hasn't been built since 1992.

“This is the Taxpayers Association, but I think they'd pay a dollar a week, or a quarter more or a quarter percent, if they knew it was going to a prison,” Clark said.

Wilkins said his office feels pressure from judges.

“If we go in there with a crazy offer, we end up trying a case that a judge doesn't think we should be trying, we'll ultimately be punished,” he said. “Not punished formally, but he'll shut down court and or he'll give probation to a bunch of people we don't want to give probation to.

“The process of electing judges is unique to the country,” Wilkins said. “Sometimes it's a little difficult for us.”

The election system regarding judges too often allows for cronyism, he said.

He said in some states judges are appointed by governors and confirmed by the Senate.

“I'm certainly in support of something that would change what we have,” Wilkins said.