Your criminal justice system at work - it can be a disappointing affair. Once again the “CSI” effect has fooled a jury into releasing a violent felon back into the community. What is the CSI effect? That is the name police and prosecutors have given to the syndrome experienced by juries wherein they think they are experts on crime because they watch CSI religiously. The syndrome has had a detrimental effect in courts across the country when jurors find a defendant not guilty because there were no slick television effects or story lines in the case and no DNA was miraculously found. Because, you know, on CSI that stuff is just laying around and screaming “I’m here!”
Listen folks, if you get picked to sit on a jury, put all of that CSI/ID Channel/Lifetime bullshit out of your head. Just listen to the facts. Once you clear your brain of all the fugue states caused by inaccurate television dramas, clarity will reign.
Draper Anton Ferguson, aka “D Raper”, was found not guilty of kidnapping and 1st degree criminal sexual conduct this week in Charleston County. Even though Ferguson testified he beat his victim in the face and evidence of extensive injuries was shown, the jury found him not guilty when no DNA evidence was presented. Another factor in the case is that the defense was allowed to introduce a pending charge on the victim. That charge will probably end up being dismissed, but facts don’t matter much in our courts.
The only consolation to be gained from any of this is that Ferguson spent the last three years in jail awaiting trial.
As usual, the prosecution was not allowed to enter Ferguson’s prior history even though he testified in his own defense. One would think if a judge allowed the defense to bring up a pending charge on the victim to make the jury question her credibility, the prosecution should usually be able to do the same if the defendant testifies. One would think a jury could have questioned Ferguson’s credibility after discovering he was a convicted serial drug dealer and had once been charged with murder. You can blame Judge Kristi Harrington for that slip-up.
Don’t worry, we will present his criminal history now.
1996 Charges:
Distribution of Crack Cocaine - Pled down to Possession of Crack Cocaine by the 9th Circuit Solicitor. Sentenced by Judge Howard King to five years, suspended in favor of three years of probation.
Distribution of Crack Cocaine Near a School - Dismissed by the 9th Circuit Solicitor.
1997 Charges:
Distribution of Crack Cocaine - Pled down to Attempted Distribution of an Imitation Substance. Sentenced by Judge Luke Brown to 269 days time served.
Distribution of Crack Cocaine Near a School - Dismissed by the 9th Circuit Solicitor.
1998 Charges:
Distribution of Crack Cocaine - Pled guilty. Sentenced by Judge Gerald Smoak to a YOA sentence not to exceed six years.
Possession of Psilocybin (Mushrooms) - Dismissed by the 9th Circuit Solicitor.
Murder - Dismissed by the 9th Circuit Solicitor because Ferguson pled guilty to the distribution of crack cocaine charge above. What a sensible plea deal that turned out to be, huh?
2001 Charges:
Distribution of Crack Cocaine - Pled guilty. Sentenced by Judge Thomas “Felon’s Friend” Hughston to four years.
Distribution of Cocaine Near a School - Pled guilty. Four years, concurrent.
PWID Crack Cocaine - Pled guilty. Four years, concurrent.
PWID Crack Near a School - Pled guilty. Four year, concurrent.
We suspect it won’t be too long before Ferguson is back behind bars.
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