(10/25/03)In advance of general election voting Nov. 4, The Vicksburg Post provided questionnaires to candidates for local offices.

Their responses, as they wrote them, are being printed in a series of articles, continuing today with those from candidates for district attorney.

Incumbent Gil Martin, 59, faces Richard “Ricky” Smith Jr., 44, for district attorney for the 9th Circuit Court District, which includes Warren, Sharkey and Issaquena counties.

Q: What’s the most important aspect of the district attorney’s office in terms of public service?

Martin: Aggressive prosecution to protect our community in a professional, ethical manner is the guiding principle of my 12 years as district attorney. This is my record: 6,000 felony prosecutions, $3.5 million collected for victims and $2.1 million in fines and fees for the counties of my district. I personally review all felony cases. I respond to all major crime scenes. I work very hard to represent the people in court. Victims come first and that is the way I have always done it.

Smith: The primary goal of the district attorney’s office is to ensure the safety of the citizens. The district attorney should be a symbol of law and order that sends a message to the criminal element that there will be serious consequences for their criminal acts. The district attorney is an advocate for victims. All victims should know that they have someone who will fight for them as hard as the defense attorneys fight for the rights of the defendants.

Q: How effective do you think the death penalty is as a deterrent to would-be violent criminals? Would you seek it in a capital-murder case?

Martin: I have sought the death penalty as punishment for felony murder in my district. I do not do this lightly. I believe serious crime deserves serious punishment. It is for the jury to decide whether an individual should pay the ultimate price for his crime. Sadly, most capital murderers do not consider the consequences. They do not think before they act, and they act without remorse. I do not consider the law as a tool of revenge; rather, it is a process for justice, and I will enforce it.

Smith: The state of Mississippi has enacted laws which provide for the death penalty for crimes which occur under a limited number of circumstances. The district attorney is sworn to follow the laws of the state. My personal belief is that the death penalty is an effective deterrent and I believe that it would be my duty as district attorney to seek that penalty if the facts of the crime met the statutory requirements and the details of the crime called for such a sentence.

Q: In deciding how hard to negotiate for a guilty plea in a given case, what factors would you consider?

Martin: First, is it a violent or a non-violent crime? What harm has been done the victim? Violent criminals will serve prison time. The nonviolent criminal should pay for the financial loss to the victim. Young offenders may deserve a second chance. For them, I search for alternative punishment. I believe they should get a chance to straighten their lives out, pay back the victim and become productive citizens. I obtained convictions in 830 drug cases. Some drug offenders are addicts. For them, I seek out treatment in their sentencing. For drug dealers who make money on the misery of others, I work diligently to place them in prison.

Smith: Many factors come into play in negotiating a guilty plea. Some of these factors include the nature of the crime, the strength of the case and the criminal history of the defendant. Also, the victim’s position should always be a part of any plea negotiation. It seems that once a crime occurs in our district now the victims are forgotten. We must put their thoughts, fears and concerns back in any decision the district attorney makes.

Q: How much discretion does a district attorney have over what kinds of rehabilitation or punishment a convict can receive? What kinds of rehabilitation or punishment do you think are most effective, and why?

Martin: All alternative sentencing options are limited by law to non-violent, first offenders. The most effective programs are the restitution center, the boot camp and house-arrest programs. These programs provide long hours and hard work which go a long way toward rehabilitation. Drug courts and pretrial diversion are not available in this district. According to current law, only the circuit court can establish a drug court. There is no state funding available. When I proposed pretrial diversion in 1995, it was not adopted by the court, so I made use of other practical alternatives.

Smith: The district attorney has total discretion. That is why we need a proactive district attorney, one who will require intensive rehabilitation of first-time non-violent offenders as well as tough, extended sentences for those who sell drugs, repeat offenders and those who harm others, especially children. We must do everything possible to help those who can be helped but also remove those individuals who prey upon others or endanger the lives and safety of the adults and children of this district.