In the criminal justice system, a case occasionally rises that prominently highlights the interplay between a person's perceived guilt and his due process rights in the formal process wherein state or federal authorities seek to convict and imprison him for his alleged crime.

David Bradford's is such a case. Bradford was charged with assault, rape and kidnapping in Pennsylvania in September 2008 and placed in an Allegheny County jail pending further investigation and prosecution.

As he sat in jail without any word regarding his case, the days became weeks. Months eventually passed by, until more than a year had transpired with no communications between his attorneys and the prosecution.

Following Bradford's lawyers' motion to dismiss his case after he had spent 380 days in jail, a state Common Pleas judge did just that, ruling that the time delay violated his constitutional right to a speedy trial. The Allegheny County District Attorney's office appealed.

The lower court's ruling was affirmed in early August by a state Superior Court panel. Judge Robert Colville said that the state knew of the case against Bradford, but was simply not vigilant in prosecuting it. He noted the charges against Bradford, but stated that the court "cannot ignore a lack of due diligence in order to facilitate a prosecution."

State lawyers can appeal the ruling, requesting that a larger Superior Court panel review the case or asking the state Supreme Court to take the appeal.

For the moment, though, David Bradford is a free man.

Related Resource: www.pittsburghlive.com "Dismissal of Wilkinsburg man's rape charge upheld" August 5, 2010