More trials, more acquittals

DURHAM -- Durham District Attorney Tracey Cline has highlighted a consistent theme this year: Her office moves cases off the books quickly, an accomplishment she says deserves praise.

"We have more jury trials than ever," Cline says of her tenure since taking office in 2009.

Cline says prosecutors should not be judged by "wins and losses" but adds that, under her, it's not just the trials that are up. "The number of guilty verdicts have also increased," she wrote in an email.

A review of court data by The News & Observer shows that's true - but the number of acquittals by juries is up, too.

The analysis shows that, under Cline, there have been significant shifts in how cases are handled in Durham, including:

More trials. The number has more than doubled under Cline.

More guilty pleas. Since Cline took office, a greater proportion of defendants enter pleas to crimes as charged - or to lesser charges - than in past years.

Fewer dismissals. Roughly one in five cases are dismissed under Cline.

That's half the rate of her predecessors, Mike Nifong, David Saacks and Jim Hardin.

Cline has put an emphasis on moving cases.

At the end of last year, for example, she ordered prosecutors to get decisions on plea offers that were outstanding in murder cases, setting a time limit for action.

Some prosecutors have been asked to review reports to determine whether cases are truly pending, or just showing up that way in a computer system.

Cline has not responded to questions about how many cases have been cleared through better bookkeeping.

Trials make up a small slice of cases handled in the criminal justice system. But they get much of the attention, especially because they require citizens to stop their normal routine, serve in the courtroom and consider all of the charges in a trial.

Cline says the increase in trials reflects a philosophy to take cases to juries that might not be clear-cut.

"It takes courage to try those cases," she said in an email. "A fear of failure should not paralyze a prosecutor."

Records from the Administrative Office of the Courts show a conviction in 58 percent of the 85 felony trials in Durham in the past fiscal year.

That's the lowest of the state's 10 most populous districts.

In the year before Cline took office, there was a conviction in 41 percent of Durham's felony trials.

Court officials caution against comparisons among counties because of prosecutors' policies, jury pools and other factors.

Cline says most cases with an abundance of evidence end in some type of plea. And she has sought to foster an environment where prosecutors do not fear a circumstantial case.

In the stretch covering the final four months of 2010, Durham juries acquitted defendants in five of eight felony trials. A ninth trial ended in a hung jury.

One of them came in the trial of Justin Hope of Durham, accused of first-degree murder in the death of his girlfriend's child.

His attorney, Robert Sharpe, said the charge could have led to a life sentence - and a plea deal was considered - but there was no evidence connecting Hope to the crime.

"I could never tell specifically why they were going after him," Sharpe said. "It's almost as if they're betting the percentages. The percentage says, hey, it's always the boyfriend."

The jury acquitted Hope.

"It deprived the dead child of his day in court," Sharpe said, suggesting someone else was responsible.

Torico Edwards is another example. He was acquitted by a jury after 30 minutes of deliberation on charges he broke into a home and stole a necklace.

Jurors said it was clear Edwards was at a shopping mall at the time of the crime.

"The prosecutor," said juror Jade Russell of Durham, "really didn't prove anything."