The new system, which places a camera, microphone and monitor in the two locations, allows the defendant, judge, defense attorney and district attorney to communicate in real time using a four-way split screen.
?I was leery when I first heard about this, because I always like to meet person-to-person to make sure the defendant understands everything that is going on,? Judge Pat DeVine said. ?But I was pleasantly surprised. I am actually able to spend more time with each defendant because they are less self-conscious and talk in a more relaxed and natural manner.?
The fact that defendants are put more at ease by this system concerns many defense attorneys, because the client is likely to disclose self-incriminating evidence.
Assistant Public Defender Thomas Fulghum argues that this system does an injustice to those on trial.
?There is an inherent danger in that defendants are more inclined to talk because they are not as impressed with the gravity of the courtroom and the whole situation in general,? he said. ?The defendant cannot see the room full of people watching the screen in the courtroom who could eventually become witnesses against anything the defendant might say.?
Another concern with the system is the inability for the defense attorney to speak confidentially to their client.
According to N.C. General Statute 15A-511, Subsection A-1, audio and video transmission between the judge and the defendant, in which the parties can see and hear each other, is lawful only if the defendant is allowed to communicate fully and confidentially with his attorney during the proceeding.
Thus far, a mechanism allowing a confidential discussion between attorney and client has not been installed.
?When an attorney brought this statute to my attention, I did not make a ruling on the bond request until the public defender went across the street to the jail and spoke with his client,? DeVine said.
