Families of drunk driver's victims should not have to pay for his defense

(Note: The following post originally ran as my Turner Report column in last week's Newton County News.)

There is nothing our judicial system can do to make things any easier for those have who lost loved ones to drunk drivers.
The one thing they can, and should, expect, is that once those drunk drivers are convicted that they should serve their sentences... and not have appeals financed by their own tax money.

Newton County residents will remember the tragedy that occurred July 30,. 2004. when Edward Meerwald, 52, Noel, ran off Highway 86 going at a high rate of speed and plowed into Jim Dodson, 69, Neosho, and Dodson's granddaughter Jessica Mann, 8, Joplin, killing both.

The deaths of Jim Dodson and Jessica Mann were the driving force behind a bill sponsored by Sen. Gary Nodler during the 2005 legislative session that toughened the penalties for drunk drivers whose actions result in death. Unfortunately, the law could not be made retroactive.

Instead of charging Meerwald with second degree murder, the Newton County prosecuting attorney's office was forced to charge him with two counts of involuntary manslaughter. After a change of venue to McDonald County, Meerwald pleaded guilty March 8, 2005, and was sentenced to seven years in prison.

Apparently, something about life at the Jefferson City Correctional Center did not sit well with Meerwald. Despite the fact that Meerwald knowingly and willingly entered a guilty plea, less than three months later, on June 6, Meerwald filed a notice of appeal and was given permission to proceed as a pauper, meaning that our tax money was used to hire a public defender to appeal the sentence of a man who made up his own mind not to go to trial.

Anne Wells of Neosho was appointed to represent the case, which has languished in McDonald County Circuit Court for more than two years. Eventually, Ms. Wells filed a motion to withdraw as Meerwald's attorney, and the motion was granted.

Earlier this month, Meerwald asked to have another public defender appointed, and naturally, that motion was approved. Though court records do not indicate to whom the case has been assigned, a notation was made on case.net Monday that the state public defender's office will once again represent Meerwald.

The idea that the accused is entitled to a competent defense is deeply ingrained in our judicial system. We are justifiably proud that we protect the rights of everyone whether or not they have the money to hire a lawyer.

However, the line needs to be drawn when a man has already admitted to the crime and has been sentenced. Why should the family of Jim Dodson and Jessica Mann have to pay one more time?