LECOLLAGE.jpg

BIRMINGHAM, Alabama - Law enforcement officials in Jefferson County say the Alabama attorney general's 2014 crime package unveiled Wednesday will make it easier to solve crimes and convict criminals.

The reforms Luther Strange will push for during the upcoming session of the Alabama Legislature include: the acceleration of the pace of death penalty appeals, making it a capital offense to kill someone at a school or day care, allowing law enforcement to use telephone wiretaps in criminal investigations and providing immunity from prosecution for witnesses.

Strange announced his backing for the proposals in a series of press conferences held around the state. The attorney general was in Jefferson County Wednesday morning.

Jefferson County sheriff's Chief Deputy Randy Christian said Strange's proposals would help strengthen the laws that protect young people and streamline the process in death penalty cases where the families of victim have to endure a wait for justice that is far too long.

"Of particular interest here in Birmingham and Jefferson County is the law already practice in 49 states will compel someone with information to take immunity in exchange for testimony,'' Christian said. "This should take the "snitch" fear out of the equation that so often is a barrier to bring a criminal to justice."

Strange said a bill to streamline the death penalty appeals process will be a top priority. Currently, a person give the death penalty has a series of direct appeals, first the Alabama Court of Criminal Appeals, and then to the Alabama Supreme Court and the U.S. Supreme Court. After those are complete, an inmate can file a Rule 32 appeal, post-conviction appeals that look at other issues such as the trial lawyer's competence.

The proposed legislation, called The Fair Justice Act, would run both sets of appeals simultaneously. The proposal is similar to what Texas and Virginia have done.

Also under the Fair Justice Act, capital offenses would include the murder of any person on a school campus, any person in a day care or child care facility, anyone who is covered by a "protection from abuse" order when the murder was committed for intimidation or retaliation for the order, and any family member of law enforcement or a public official when the murder was intended for intimidation or retaliation against the officer or official.

The Child Protection and Safe Streets Act of 2014 would allow law enforcement to monitor phone communications among criminals to gather evidence that may include admissions of guilt and even information about future crimes that might be prevented. Court orders for wiretaps would last only 30 days, but could be extended for another 30 days. Wiretaps would only be used for crimes of murder, kidnapping, child pornography, human trafficking, sex offenses involving children under 12, and felony drug offenses.

The Alabama Witness Safe Harbor Act would repair a deficiency in current state law regarding immunity from prosecution for witnesses, Strange said. People have the right not to testify if doing so might incriminate them, so valuable testimony can be obtained by giving immunity from prosecution. In Alabama, however, the procedure to do so is cumbersome. It requires the witness to agree to accept immunity instead of a prosecutor granting immunity and being able to compel testimony. Alabama is the only state that allows the witness to decline immunity and withhold testimony.

The current wiretapping and witness immunity laws tie the hands of law enforcement, Strange said in his press release announcing the reform proposals. "This is simply wrong,'' he said.

Law enforcement officials applaud his efforts. "Attorney General Strange is addressing issues that need it and he certainly has our full support and appreciation,'' Christian said. "Hopefully our state lawmakers will recognize the value of this package and see it through. We will be a safer Alabama if that happens."

Birmingham police Chief A.C. Roper agreed. Roper serves on Strange's Law Enforcement Advisory Board. "We believe in a safer Alabama and I definitely believe in a safer Birmingham, but it will take effective laws that address the issues we face every day,'' Roper said. "There are no perfect answers, but the AG is leading the effort to work with the legislature and our prosecutorial offices to give law enforcement the tools to do our jobs more effectively."