The Sixth Amendment of the United States guarantees the right to a speedy trial – Kharon Davis has not been granted that right.
At age 22, he was charged with capital murder and put in the county jail. Ten years later, he is still there, awaiting trial. He has not yet been found guilty, but has already served half the minimum sentence for murder. So far he has had nine trial dates, the first of which was in 2008.
The case, State of Alabama vs. Kharon Torchec Davis, shows loopholes in the constitution that supposedly ensures the right to a speedy trial. In capital murder cases, it is not unusual for the defendant to have to spend two to three years awaiting trial behind bars if they cannot afford bail.
Davis has taken some blame for the delay of his trial – he replaced his second team of court-appointed lawyers due to a lack of trust, even though he was warned that it would further postpone the trial.
Davis has had two judges and four teams of lawyers. His first lawyer was the father of one of the investigating officers of the case, and cross-examined his son at the preliminary hearing. Four years later, the district attorney raised a concern about a conflict of interest and appointed him a new lawyer, who still needed time to finish up another murder case.
He continues to claim his innocence and has denied plea deal offers. In February, the state attorney general took over the prosecution and dropped the possibility of the death penalty. Jury selection for the trial finally began in mid-September.