Friday, February 11, 2000
Victims push for more clout in court
Rights amendment in House
BY PAUL BARTON
Enquirer Washington Bureau
WASHINGTON — Andrea Rehkamp, director of the Cincinnati chapter of Mothers Against Drunk Driving, will never forget the day when the person who caused the death of her son by drinking and driving was brought before a judge.
The driver's family got to talk at length about what “a great guy my son's killer was and how devastating a strict sentence would be to them,” Ms. Rehkamp told a House Judiciary subcommittee Thursday.
Ms. Rehkamp said she was allowed to say not a word as — to her horror — a plea bargain was approved. The driver got a $50 fine, six months probation and a six-month suspension.
Mrs. Rehkamp's son, 14-year-old Ken Watson, had burned to death as a result of the accident on Oct. 16, 1981. He had gotten into a car with a 17-year-old driver who had been drinking. The driver emerged unharmed.
Although the episode is more than 18 years old, the pain was still very much there as Ms. Rehkamp came to Capitol Hill to testify for a proposed Victims' Rights Amendment to the Constitution.
“Despite the fact that my family was enduring the aftermath of a terrible crime, we were in no way considered part of the justice system,” she said.
The Victims' Rights Amendment would change that, allowing victims to confront defendants, monitor their prosecution and custody, and seek restitution from them.
Lead sponsors of the mea sure are Rep. Steve Chabot, R-Cincinnati, and Sen. Dianne Feinstein, D-Calif.
Ohio is one of 32 states that already have such amendments, but Mr. Chabot and Ms. Rehkamp said the state amendments are marked by uneven enforcement, with judges and prosecutors often unwilling to protect victims' rights when challenged by defense attorneys.
“It would have more standing,” Ms. Rehkamp said of an amendment to the U.S. Constitution.
Mr. Chabot said the Consti tution, and all the protections it offers defendants, now “serves as a trump card for those accused of committing crimes in order to keep victims from participating in their prosecution, or even just sitting in the courtroom during a trial. I am convinced that this is an outcome that the framers never intended.”
Ms. Rehkamp said she is a perfect example of how the judicial system walls off victims from some of the most important aspects of legal proceedings. She said she was kept from following any of the proc ess until she received a notice to come to the driver's sentencing hearing.
“I gave no victim impact statement. I was not able to tell the judge what an intelligent, loving and talented son Ken was,” she said, adding that he had dreamed of becoming a professional baseball pitcher.
President Clinton also supports the idea of a victims' amendment. “Victims should be guaranteed the right to participate in proceedings related to crimes against them,” the president said in a statement.
But for all the sentiment favoring an amendment, many law school professors and members of Congress remain opposed. Anything needed to protect victims can be accomplished through statute rather than tampering with the Constitution, they say.
“Their (victims') rights and interests are quite important,” testified Duke University professor Robert P. Mosteller. Referring to legislative actions, he added, “However, those rights and interests can be effectively protected and advanced through the democratic process.”
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