Posted on: Tuesday, February 15, 2005

EDITORIAL
Acquitted inmates deserve fast release

When O.J. Simpson was acquitted of double murder in 1995, the judge ordered his release and the football legend was promptly driven home to his Brentwood mansion, a free man.

Here on O'ahu, between December 1999 and December 2002, at any rate, people acquitted of far lesser crimes were being sent straight back to jail, sometimes in shackles and cuffs, sometimes strip-searched.

They were sometimes there for several days, while officials checked to see if they had other warrants or charges outstanding. Officials said they were being held until they could pick up belongings and clear routine background checks.

Today, defendants acquitted of all charges are released on the spot, in court. That's because the American Civil Liberties Union represented as many as 500 former inmates treated in this unacceptable manner.

The ACLU has won a tentative $1.2 million settlement with the state, to compensate those mistreated and to ensure that the state abides by procedures to prevent recurrence.

Whether we like the verdict or not, once the court finds a defendant not guilty, that defendant should be free to go home. The paperwork is the justice system's responsibility, not the defendant's.

We are impressed with the state's acknowledgement that the previous procedure was wrong. Frankness such as this improves public trust.