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Thursday, August 16, 2007

Ind. Courts - "Judge grants drug defendant use of computer legal service"

Rick Yencer reports today in the Muncie Star-Press:

MUNCIE -- As he prepares to represent himself in an upcoming trial, accused cocaine dealer Kelvin Lampkins will have access to the same online legal service that attorneys and courts use.

Delaware Circuit Court 5 Judge Wayne Lennington took that step Tuesday, giving Lampkins access to a computer and LexisNexis legal service while in jail to prepare his defense.

"If I give you this, you have the skills and ability to do your defense?" Lennington asked Lampkins, dressed in an orange jail jumpsuit.

Lampkins, who is a paralegal, replied affirmatively, and also asked the judge to set bond and release him on home detention.

"I can't let you out on the streets," Lennington said.

Lampkins faces three counts of dealing in cocaine, a class A felony carrying a standard 30-year prison term, and has prior drug-related convictions.

Deputy Prosecutor Judi Calhoun told the judge she wanted to confirm a trial date, noting the case had already been postponed four or five times.

The current Sept. 25 trial was reset to Oct. 2, giving Lampkins an extra week to prepare.

According to court records, Lampkins has changed public defenders six times and also sought a change of judge in his latest case. Last month, Lampkins petitioned to represent himself, and wanted the court to provide him a legal library.

Lampkins maintained the current law library in the Delaware County Jail was not up-to-date, and argued he needed the means to represent himself.

During an interview, Delaware County Sheriff George Sheridan disputed Lampkins's claim, saying current laws were maintained on CDs for inmates.

"It should not be a problem," Sheridan said after hearing about Lennington's ruling.

Lennington acknowledged there was no provision under current state law to allow an inmate access to online legal research.

"This is new ground," the judge said.

However, accused criminal defendants still have a right to legal counsel under the Constitution.

"You have the same thing that I have for your benefit and use," Lennington told Lampkins.

Posted by Marcia Oddi on August 16, 2007 10:46 AM
Posted to Indiana Courts