William Barnes deserves to be released on bail.
The ailing, 72-year-old former career criminal has spent 16 months behind bars awaiting trial on a dubious murder charge brought by Philadelphia District Attorney Lynne Abraham.
Barnes' latest appeal to be released on bail pending his trial is scheduled for tomorrow. The judge should approve his request.
Barnes' murder charge stems from a shooting that took place in November 1966. The victim, former Police Officer Walter Barclay, was shot and paralyzed while responding to a burglary. The shooting clearly diminished Barclay's quality of life in a big way. But he lived for 41 more years. He wasn't murdered.
Yet, after Barclay died in August 2007 Abraham charged Barnes with murder, alleging his death was a direct result of the gunshot wounds from 41 years ago.
Barnes was convicted and served his time for the attempted murder charge stemming from the shooting. He is no saint. He shot a cop. He's a criminal. But Barnes served his time. He says he is reformed.
Given his age, poor health and time served, it's hard to argue that Barnes is a threat to society who needs to remain in prison until his trial. Not to mention, Abraham's efforts to build a murder case against Barnes seem like a stretch.
Prosecutors say they can show an unbroken chain between the shooting and Barclay's death 41 years later. Indeed, if DA Abraham has a case, then let's have a trial. But don't keep Barnes locked up while the court docket inches along.
A backlog of homicide cases in the courts appears to be causing the delay. But given the challenge of trying to connect the shooting from more than 40 years ago to the cause of death, prosecutors clearly aren't in a rush to get into court.
Not to mention that keeping Barnes in prison in Greene County - with the added expense of health care and transporting him to Philadelphia - is harsh and a waste of taxpayers' money. Setting aside the argument that the murder charge appears to be piling on, keeping Barnes behind bars until his trial begins does not serve the cause of justice in a nation that adheres to the principle of innocent until proven guilty.