The facts of the murder case aren't all that important because the main reason the story was brought to my attention (and the reason I mention it here) was one paragraph. The paragraph set forth the text of the indictment as it read in 1871.

Keeping in mind that the State is obligated to prove each and every fact alleged in the indictment, it read: "Santana and Big Tree . . . with force and malice not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil . . . did kill and murder . . . . "

In all of my trials, I keep a checklist handy of every fact that I am required to prove. Once evidence is admitted supporting the fact, I check it off. I wonder if the 1871 prosecutor had a checkbox beside the item: "motivated by devil"? Did he turn to his assistant in the middle of the trial and ask "Did Lucifer get served with the subpoenea?"

The year 1871 is not that long ago. There are people alive today who have had conversations with those who witnessed first hand the events of that year. On one hand, it seems like ancient history, but by analogy, those entering college today consider the Iran hostage crisis ancient history as well since they had not been born when it took place. 

So what's my point? Well, since attitudes and practices are always changing, I was wondering what we are doing today that will seem antiquated fifty years from now.

With that being said, I have a prediction. Fifty years from now, the local district attorney will have little to do. No, crime will still be with us, but the elected district attorney won't have much to do with it. Instead, criminal prosecution will be handled almost exclusively by the federal U.S. Attorney's office. An officeholder, mind you,  who you don't elect and, as far as I know, is rarely seen at Matties.

In the past, the U.S. Attorney's office would only prosecute major crimes that seriously affected interstate commerce. No longer. A school superintendent furnishes her apartment at the school's expense and the U.S. Attorney prosecutes. Heroin use occurs in Plano and the providers are indicted by a federal grand jury. A group of Branch Davidians are alleged to have a few illegal weapons, and the FBI and ATF shove the local McLennan County Sheriff's office out of the spotlight because a "federal crime" is involved.

Before a criminal case becomes the jurisdiction of the federal government, it must include a factual element that gives the U.S. Attorney's office jurisdiction. Most times, it means that the crime substantially affected "interstate commerce". If you think that means only blowing up I-35 over the Red River or hijacking an airliner on its way to California, think again.

To see how the federal government usurps state power, look no further than a typical federal prosecution that was reprinted this week at United States v. Jones, 178 F.3d 479 (7th Cir. 1999). In that case, the defendant tossed a Molotov cocktail into his cousin's living room causing the home to be damaged. Sounds like a typical state arson case, but the federal government was the entity that took over the prosecution. So how did it become federal you ask? Well, the court held that interstate commerce was affected because (1) the home was provided natural gas which travels between states, (2) the mortgage on the home was from an out of state lender, (3) the insurance check for the damage came from out of state, and (4) many arsons require the occupants to rent a hotel room and hotels are used in interstate commerce.

Give me a break.

Every crime, if examined in detail, will have some element that affects interstate commerce. Obtaining federal jurisdiction, therefore, is not a substantial hurdle. With nothing to hold them back, begin to watch over the next several years how the U.S. Attorney becomes the primary crime fighter in our society.

I could be wrong. Then again, a little over one hundred years ago the actions of the Devil were alleged in indictments. Crazier things have happened.

Barry Green is the District Attorney for the 271st Judicial District.