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Tue, Nov 24 2009 

Published: October 22, 2009 08:01 am    print this story  

Justice is blind for a reason

Sometimes, it makes perfect sense for the image of Lady Justice to be wearing a blindfold.

The concept goes back to the ancient Egyptians, Greeks and Romans, even if a blindfold was sometimes optional.

Justice, particularly in 21st-century America, is supposed to be impartial. The scales of justice should be balanced by prosecutorial evidence and the rights of the accused.

But in the case of Jose Antonio Lambert's second-degree murder trial last week, Justice's blindfold probably came in handy because she couldn't bear to look at the result.

Curiously, that sentiment was expressed by both Delaware County District Attorney Richard Northrup and defense attorney Randel Scharf after a plea bargain was negotiated by the two lawyers.

Lambert was given the opportunity to plead guilty to a reduced charge of first-degree manslaughter in the stabbing death of SUNY Delhi student Tyshawn Bierria.

And, he took it.

Lambert, 23, will be sentenced to a determinate term of eight years in prison with five years of post-release supervision.

"(Lambert) has already served 15 months, so he will only have to do a little more than five years," Scharf said. "It really was a business decision because if you are on trial for murder, you can be found guilty of murder. You never know what the jury will decide."

A business decision?

For his part, the district attorney spoke at length about how weak his case was against Lambert. Witnesses, he said, were uncooperative; DNA and fingerprint evidence was weak or nonexistent.

"There were certainly issues that could have raised reasonable doubt," Northrup said. "But we got the right man because Lambert had to make a statement during the plea, and he admitted he stabbed (Bierria) with the intent to cause serious injury."

Scharf, meanwhile, said he was upset because his client had to make that statement admitting guilt when he was innocent.

"I truly believe he didn't do it," Scharf said. "It was very, very difficult when he had to say that he stabbed the kid."

So, let us see if we've got this straight.

A lawyer advised, or at least permitted, his client to lie in court.

A prosecutor went to trial with a case he thought was so weak that he offered a generous plea deal right after the opening statements by the attorneys.

A man who confessed to stabbing someone to death will be back on the streets in about five years.

And a 22-year-old SUNY Delhi student is dead.

Yes, sometimes we have a pretty good idea why Justice wears that blindfold.

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