Warren McClinton has been behind bars for the past six years, and it has all been because he couldn’t raise money to get bailed out of jail.
At this point, his entire 40th decade has been spent in jail, just waiting for trial, even though he has never actually been convicted… of anything.
McClinton is 48-years-old, a Las Vegas resident, who faces seven charges related to sexual assault that may or may not be true. We don’t know because he still has not gone to trial.
Even last month, the judge in his case threw out an eighth charge, according to the Las Vegas Review-Journal.
Judge Eric Johnson said he was personally “shocked” at the details of the case, and the fact that McClinton had been in custody for so long without a trial.
This is clearly a violation of the Constitution.
“I am very interested in considering the issue of bail,” Judge Johnson said.
The Review-Journal, says Johnson expressed “real concerns with the amount of time he has been in custody. Frankly, when I got this case, I was shocked.”
The reason why he can’t pay his bail is that it is set at $130,000.
This might not be a Constitutional issue if he had an actual speedy trial. Instead, he has been fighting these charges since 2009.
Attorney Ozzie Fumo, said in an interview with the Review-Journal that McClinton is innocent of the accusations a teenage girl made against him. In fact, he noted that the case was even dismissed! But prosecutors refused to let it drop, even while denying him a speedy trial.
“He’s just not guilty,” Fumo said in the interview. “He’s innocent.”
The case was dismissed when it was revealed that prosecutors hid DNA evidence that pointed to other attackers.
The grand jury only took 30 minutes to dismiss the case when they heard this.
At that point he should have been free, but prosecutors convinced a judge to hold him anyway.
He has been offered plea deals, including five years to life, then two years to life. But he refused both, as he is innocent.
Recently, Kalief Browder spent three years behind bars at Rikers Island, in solitary confinement. That was all over accusations of a stolen backpack. Last month, Browder committed suicide. He had never committed any crime at all, but was subjected to psychological and physical torture nevertheless.
(Article by M. David)