Holden discusses challenges of being judge, responds to family of crash victims

Giacomo Bologna | Springfield News-Leader

Show Caption Hide Caption Accident victims family reacts to verdict The family of C.L. Lewis, who died in July of 2015 when Antonia Reiss crashed her car into the car he was in at 96 mph, talks about his life and the verdict of Reiss.

C.L. Lewis, 72, and Barbara A. Lewis, 69, were sitting in traffic in southwest Springfield on a sunny Tuesday afternoon when a car driving 96 mph hurtled into their SUV.

Both died.

The woman driving the car lived. And prosecutors charged her with two counts of first-degree involuntary manslaughter.

On June 16 — nearly two years later — Antonia L. Reiss, the driver, was acquitted of all criminal charges.

Judge Calvin Holden made the decision, then declined the prosecutor's request to consider the lesser charge of second-degree involuntary manslaughter.

Holden told the News-Leader Friday that a manslaughter case like Reiss's is highly unusual — it didn't involve drugs, alcohol or a person who was intentionally speeding.

A doctor testified at trial that Reiss, 37, was bipolar and in a manic state during the crash on July 28, 2015.

Her attorney, Kristin Jones, said Reiss's mental state made her incapable to process reality at the time of the crash.

Reiss's acquittal angered the family of crash victims. To them, Reiss's guilt was as clear as a pane of glass.

However, Holden said there are almost no "open and shut" cases.

If a case really was "open and shut," it would have ended in a guilty plea, not a trial, he said.

Holden said he couldn't speak about specifics in the Reiss case, but from behind the desk in his office, he spoke with the News-Leader about the public's perception of the legal system.

He had taken his black robe off and was wearing blue jeans and a blue button-up shirt.

The Reiss case is part of the "1 percent of 1 percent" of cases that the public hears about, Holden said.

"I just wish that everyone in America had to sit on a jury and come to a verdict before they're 25 years old," Holden said from behind the desk in his office.

When a case goes to trial, Holden said he understands that police officers can be frustrated when he rules in favor of a criminal defendant.

"(Law enforcement officers) are out there trying to do the very best they can," Holden said. "We're in here trying to do the very best we can based on the evidence."

If a defendant is convicted, Holden said, the sentence he or she receives rarely meets what the victim or their families want.

"We can't give you justice," Holden said. "Justice would be the crime never happening."

In the Reiss case, the family of crash victims wanted a conviction — but they also wanted their voices heard.

If Reiss had been convicted of manslaughter, the family members of the victim would have had the opportunity to speak at Reiss's sentencing.

But that hearing will never come.

Instead, they assembled a list of questions for Holden, which were paraphrased and asked by the News-Leader:

How long did Holden take to decide his verdict in the Reiss case?

Every case is different, Holden said. Some can be made immediately, others can take very long, he said. Holden said he often will look at past cases to see how other judges have ruled in similar cases.

Reiss told a doctor she was confused which pedal was the brake and hadn't slept in days, court documents say, though she told a police officer at scene that she was asleep at the time of the crash. When is being asleep while driving not consider reckless?

Holden noted this discrepancy regarding whether or not Reiss was asleep, saying people at crime scenes can often be misheard or misinterpreted.

Manslaughter cases like Reiss's are unique, Holden said.

Almost all involuntary manslaughter cases involve the defendant taking drugs or drinking alcohol, making them consciously reckless, Holden said.

Furthermore, in the small number of manslaughter cases that don't involve drugs or alcohol, the defendant was often intentionally speeding, Holden said.

None of those — drugs, alcohol or intentionally speeding — factored in the Reiss case, he said.

Why did Holden eat a snack and go to the printer during the trial? Did it indicate he lacked compassion?

Holden said he was eating peanuts during the trial because he has diabetes and didn't want to have low blood sugar. He said the paper he retrieved from the printer was the legal definition of "reckless."

Holden came into the courtroom without some documents and left the courtroom for several minutes. Why was he not prepared for the case?

Holden said he went back to his office to retrieve notes and papers on manslaughter cases similar to Reiss's. He said he thought the papers were in his courtroom, but it turned out they were in his office.

"I could've done it from memory, but I'd prefer not to," Holden said.

How does Missouri's non-partisan court plan affect Holden's decision-making? If Holden needed to be re-elected, would he make better rulings?

First, Holden pointed out, he was elected three times as a judge before Greene County adopted the non-partisan court plan, also known as the Missouri Plan. Since then, residents have voted to retain Holden.

According to Holden, he would make the same rulings regardless of being elected or appointed to be a judge, though it's "easier" to make rulings under the non-partisan plan.

"It's a lot easier to deal with attorneys when we don't have to ask them for money every four to six years," Holden said.

The final question the family had for Holden was: Does he believe in God?

Yes, Holden said, but a belief or disbelief in God doesn't affect a person's ability to be a judge.

"If your job is to look at the evidence and apply the law, how does God factor into that formula?"