A visitor at today’s committee meeting of the Jefferson County Commission thrust that gathering into a debate about the rights of individuals who’ve been arrested for capital murder.

Ultimately, County Attorney Theo Lawson and commissioners said the county is not part of that process.

As the meeting neared its end, Joe Knight acknowledged a guest he didn’t recognize who was “standing there with a cup in his hand and he hasn’t offered to share with anybody.”

Tanawah M. Downing introduced himself as a national civil rights litigator from Washington, D.C. He said he wanted to “provide notice” to city council members with whom he would be meeting. We’re just taking advantage of the opportunity to listen to you honorable individuals.”

“You got any actions you’re planning for anybody over here?” Knight quipped. That opened the floodgate to a nearly 10-minute speech by Downing.

As though trying a case, the visiting attorney cited clause one of the Fifth Amendment to the U.S. Constitution, saying “no person can be held to answer for a capital or otherwise infamous crime unless that person is presented a warrant of a grand jury.

“The state of Alabama, unfortunately, has enacted its own alternative legislation that permits the prosecuting attorney to charge by what’s called information, not by indictment,” he said. “That would be unconstitutional.

“We’re providing a public notice to the states that are doing this to ask them to please correct the behavior,” Downing said, “understanding an ultimate violation is when you pay a public official to break the law.”

Following the meeting, Lawson, who served about 10 years in the office of the district attorney, cited a flaw in the visitor’s argument.

“I think you can stop there,” the county attorney said. “Serving in all those capacities, both in law enforcement and in prosecution, I’m unaware of any situation where someone was tried for capital murder without being indicted.”

During the meeting, Downing suggested that the county is culpable because capital murder cases are tried at the county courthouse. Again, Lawson offered a dissenting opinion.

“I’m not gonna disparage the lawyer,” he said. “I’ll say that I think that if you stop with his beginning, I don’t think there’s any situation like that, certainly not in Jefferson County. The Jefferson County Commission has no authority over the Jefferson County district attorneys – or the sheriff.”