The Niagara County Legislature approved an expenditure of $216,900 to pay for the special prosecutors who handled the murder case against Richard W. Matt, the Buffalo News reports, wiping out its contingency fund as well as an anticipated $67,900 of anticipated sales taxes. 

The need for special prosecutors to handle the case came about as a result of a quirky situation, with the elected District Attorney having been the former County public defender, whose office represented Matt when he was returned to New York from Mexico, where he completed a nine year sentence for killing a man in a bar fight, after fleeing New York for this murder.

But here’s the rub:

[District Attorney] Violante said [State Supreme Court Justice Richard C. Kloch Sr.] reduced the original bills submitted by Haremski and Mordino, two former Erie County assistant district attorneys. He would not disclose their hourly rate, except to say it was higher than the $75 an hour the state mandates as the pay for court-appointed private defense attorneys.

The special prosecutors, Haremski and Mordino, were former ADAs turned defense lawyers, who were co-opted to handle the prosecution.  Had they been appointed to represent Matt as defense attorneys, they would have received $75 an hour for their time.  As special prosecutors, however, they received more.  Much, much more. 

It’s odd that the District Attorney refused to disclose the hourly fee charged, and the reduced hourly fee approved, for Haremski and Mordino, since this is coming straight out of the public coffers.  But there is no doubt that its a multiple of what private counsel is paid to defend.  While such disclosure would likely cause some displeasure around Niagara County, suffering mightily from this economy, that’s how it works when public monies are spent.

This naturally raises the question that intrigues someone like me.  Why would the special prosecutors be paid at a higher rate than the defense?

Are they worthier because their side better serves the People?  Was this a sweetheart deal cut by the former public defender, now prosecutor?  Does the Niagara County Legislature think that the value of a prosecutor is simply more than that of a defender?

According to District Attorney Violante, price was no object:

“I know it’s a lot of money. I think in my heart, it’s money well spent,” District Attorney Michael J. Violante said. “Richard Matt, if we’re lucky, will die in jail.”

What does he mean?  Should the defense of an innocent defendant have a lower price tag?  Is the value of justice different, according to which side you’re on?  If they had spent half the money, a quarter of the money, would they not have obtained a conviction?  Does cash by a guilty verdict?

For many, it seems only logical that there should be parity in the value of legal services, regardless of whether it’s for the prosecution or the defense.  After all, neither side has a monopoly on justice.  While this has never quite been the case, and there are some relatively sound reasons behind it at times, rarely is there such a lop-sided example of the price tag differential between a prosecution and the defense.

If I was a taxpayer in Niagara County, I would expect some answers.  Since I’m just a criminal defense lawyer, I’ll have to be satisfied by saying that I’m disgusted by the impropriety of paying these special prosecutors so much better than an indigent defense lawyer.

Update:  For the sake of comparison, public defenders make $33,000 a year (plus health benefits) according my latest information.  Gee, I wonder how long the pair of special prosecutors worked on this case?  If only somebody had that information, I would find it very interesting.

H/T to Kathleen, my hinterlands correspondent, for raising my consiousness about this atrocity.