My name is Chet Hodgin and I am a Realtor in Jamestown, North Carolina. I am a volunteer for the North Carolina Victim Assistance Network and I currently serve as state vice president. My oldest son Keith was the manager of a cafeteria in Asheville, N. C. In May of 1991, an employee that he had previously fired came to my son's condo one night looking for revenge. My son was brutally killed. The perpetrator was tried and convicted of first degree murder.

December, 1992, my next oldest son, Kevin was a pizza delivery man for a well known national chain of pizza stores. While on the job, he was attacked, robbed, and beaten by a gang of six teenagers. He did not resist. He gave them his money. They continued to beat him. As they were leaving, while he still lay on the parking lot, they shot him three times. I have sat through three full length, first degree murder trials. Not only was I horrified at the testimony describing how these animals savagely killed a human being, I was appalled to see that while our justice system went to great lengths to protect the rights of the defendants, the victim was virtually ignored. It soon became apparent that several factors must be present to make our system function. Obviously we have to have a defendant or there would be no need for a trial. Also a judge and usually a jury must be on hand. Absolutely essential are the attorneys, both prosecutor and defense. Usually there are witnesses and police officers. When all of these elements are in place, our trial can proceed and justice can be done. The one element that is non essential to our court of law is . . . .the victim. Whether it is a victim of robbery, assault, rape, theft, or as in my case the family members of homicide victims, we are considered non essential. Only when you become a victim do you realize that you have no enforceable rights.

I do not mean to imply that I was mistreated in either Buncombe County or Guilford County, North Carolina. In fact I received very good treatment from both District Attorneys and their assistants. But as I became more active with NC-VAN I learned that I was the exception.

I received a call one night from a lady in one of our larger N. C. cities.. Her brother had been murdered a few weeks earlier. After seeing TV news stories about an arraignment hearing to be held the following day, She called her D.A.'s office for information. She simply wanted to know: What is an arraignment? What did it mean? Was she supposed to be present? She called the D.A.'s office for information and no one would talk to her. She finally called NC-VAN for help and was referred to me. By the time I talked to her she was hysterical. Defendants have a right to be given information about how the criminal justice system works. Victims don't. I talked to another lady last year who had been raped. Her assailant was sentenced to twenty years. Two years later she was in her neighborhood grocery store and ran into the rapist. She had no idea that he had been paroled. A member of my own community was brutally assaulted and disabled. His attacker was sentenced to twenty years but was eligible for parole in two. Last Fall the defendant was scheduled for a parole review the end of October. But it took the victim until the end of January to find out if parole was granted. (It wasn't) Victims have no right to be informed of a defendants release from incarceration.

During the trial of one of the murderers of my son, the defense was presenting several character witnesses to try to convince the jury that regardless of eye witness testimony about cold-blooded murder, his client was really a nice person. Then he made a motion that I and my family be ejected from the courtroom because our presence might prejudice the jury. Defendants have the constitutional right to be informed of, to be present and to be heard at criminal hearings. Victims don't. 'Defendants have the right to speak at a guilty plea or sentencing hearing. Victims don't. A witness before the Presidents Task Force on Victims of Crime made this simple statement, "Why didn't anyone consult me on the plea bargain? I was the one who was kidnapped and raped, not the state of North Carolina!" Victims have no right to be informed of any plea negotiations. Those of us who work as victim advocates are not trying to lessen the rights of the accused. But victims must have equal rights by law. The scales of justice must weigh equally for both sides.

There are literally millions of innocent victims of violent crime in this country. People whose lives have been irreversibly altered by acts of violence. Men, women, children, families whose lives have been ruined by the acts of criminals. This is horrible enough. But too often they are victimized again by our judicial process. The frustration and bitterness created for these innocent victims by the imbalance of our justice system is inexcusable.

Twenty states have now amended their constitution to guarantee the rights of victims of crime. The people of North Carolina will have the opportunity to vote for an amendment next November.

Now you have the opportunity to balance the scales of Justice. You have the ability to guarantee that the rights of the victim have constitutional protection as well as those of the accused.

Please, be aware of the pain of the innocents. Listen to the voices of these crime victims. Today I speak to you for the millions of victims throughout our country, who cry out for justice. On behalf of all of the innocent victims of violent crime, I urge you to support a constitutional amendment to guarantee our rights.

Chet Hodgin Vice Pres.
P. O. Box 548 North Carolina Victim Assistance Network
Jamestown, N. C. 27282
tel. ofc 910 454 1121 as presented to House Judicial Committee
res 910 454 3775 July 11, 1996
fax 910 454 1806

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