[Vision2020] HIV, Bail, Time for Hamlett to Retire?
Art Deco
deco at moscow.com
Mon Dec 12 13:46:41 PST 2005
Shelly raises excellent points.
We still need to focus on the fact that the local magistrate Hamlett saw fit to grant such an absurdly low bail -- $5,000.
Included in the factors that a magistrate considers when setting bail are:
1. Strength and seriousness of the case against the suspect.
2. The flight risk of the suspect.
3. The danger to the community of the suspect.
1. Strength and seriousness of the case against the suspect.
If the report in the Lewiston Morning Tribune (below) is correct, then there appears to be little doubt that the suspect is infected with HIV and knew that he was infected. The other evidence, having sex without informing his partner of his HIV status, rests upon an affidavit, a sworn statement.
A number of V 2020 posters have commented upon the seriousness of the crime. He may well have the primary vector in sentencing several people to a lingering, horrid death.
The job of the magistrate is to set the bail commensurate with the rights of the defendant and but also commensurate with other factors including those above. This is a serious case with some potent prima facie evidence. If the suspect has infected someone with HIV, then he is most likely a murderer.
2. The flight risk of the suspect.
It is less than a four hour drive to the Canadian border if one obeys the speed limits; less if one does not. I lived in Boundary County for two extended periods in my life, once less than a mile from the border, and once less than five miles from the border. In addition, I owned for more than 25 years a piece of property only about 100 yards from the border. I also owned a piece of property for many years about 1/2 mile from the border on the Canadian side. Getting across the border in Boundary County in both legitimate and illegitimate ways is very easy. Once across the border extradition back to the United States is very difficult (and expensive for Latah County) for someone who has not been convicted and who is not an American citizen.
To arrange a $5,000 bail bound costs only $500 from a bondsman. Is $500 too much to pay for freedom for someone likely facing an extended prison term? Hence there is some reasonable probability that a decampment may take place if the suspect is released on a small amount of bail.
3. The danger to the community of the suspect.
If the allegations are true, and the prima facie evidence strongly suggest they are highly probable, then the suspect has shown utter and callous disregard for the life and well being of his prior sexual partners. Hence it is highly probable that if released on bail his behavior pattern would continue.
Here's an analogy:
Suppose someone had shot with a gun and had mortally wounded a number of persons over a period of time. Suppose the suspect had demonstrated that he was strongly motivated to shoot and he enjoyed shooting and mortally wounding people. Would a prudent judge release such a person on $5,000 bail and then let the suspect keep the gun he used?
One of the functions of the magistrate in a bail hearing is to protect the public. How many more vectoring possibilities will occur if the suspect is out on bail? Or if he flees? How many more people might become infected and eventually die? What was magistrate Hamlett thinking? Does he not care for the rights and welfare of the public?
There have been numerous complaints and criticisms from credible people about magistrate Hamlett's demeanor and conduct on the bench. Perhaps in the past the Judicial Council has taken some action. Perhaps he is under special monitoring from the Judicial Council even now.
This lapse of judgment by Hamlett should be the last straw.
One can only hope for two things:
1. Hamlett resigns forthwith.
2. The Latah County Prosecutor petitions the court for a much higher bail, say $250,000.
There has been some suggestion that the suspect is being singled out because of his race and ethnicity. I cannot speak for anyone else, but I don't care what his race, ethnicity, gender, gender preference, age, etc are. It is a horrible crime of which he is accused, and I would consider it such in his own homeland.
Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID 83843
(208) 882-7975
waf at moscow.com
_________________________________________________________
Hearing set for Moscow man facing HIV charge
By DAVID JOHNSON
of the Tribune
MOSCOW -- A Dec. 20 preliminary hearing has been scheduled for a Moscow man charged with a felony count of transfer of body fluids that may contain HIV.
Kanay A. Mubita, 31, remained in the Latah County Jail Friday night on a $5,000 bond after being arrested Wednesday by Moscow police. Latah County Public Defender Charles Kovis has been assigned to the case.
Mubita is accused, according to the criminal complaint, of having sexual intercourse with a woman one year ago without first informing her that he carried HIV. The virus can lead to AIDS.
The woman, 27, has a child that Mubita told authorities he fathered, according to an affidavit filed by Moscow police officer Paul Kwiatkowski.
Mubita, who was born in Luska, Zambia, denied having sexual relations with anyone else except his ex-wife, according to records. But an investigation found that Mubita tested positive for HIV and allegedly "continued to have unprotected sexual relations with different partners" without first notifying them of his HIV status, according to records.
Authorities also questioned Mubita about whether he had sexual relations with a 26-year-old female, but he denied knowing the woman, according to records.
Mubita's arrest came after prosecutors forwarded documentation to police, according to records. Kwiatkowski wrote in his affidavit that Mubita agreed to be interviewed and came to the police station Tuesday on his own. While he was being interviewed by one officer, another officer called a health department official who confirmed, according to the affidavit, that Mubita had been informed several times that he tested positive for HIV.
But Mubita, according to the affidavit, continued to deny having received notification from anyone about his HIV status. When police asked him to make a written statement, Mubita asked permission to go home and write it, according to the affidavit, and police agreed.
The next day, according to the affidavit, police received a phone call from Mubita's case worker who said Mubita was upset about the previous day's interview. The case worker asked police to check on him, according to the affidavit.
When officers contacted Mubita at his apartment, he said he had indeed tested positive for HIV, according to the affidavit.
The intentional transfer of body fluids which may contain the HIV virus is punishable by a maximum penalty of 15 years in prison and a $5,000 fine.
----- Original Message -----
From: Shelly
To: janestacarcich at yahoo.com
Cc: vision2020 at moscow.com
Sent: Monday, December 12, 2005 9:01 AM
Subject: Re: [Vision2020] Department of Health Question
Janesta,
Statistics are not a matter of the incident. It happened. YES IT IS A WAKE UP CALL.
I can tell you there are many girls asking many questions at the club that Phil and I are are not educated enough to answer. We refer them to the health department. Hopefully they call there. I have put in a call to them this morning to get some information at least what to tell these girls. I am in great hopes they have a plan to get the word and knowledge out to the public. Putting up posters/flyers in the bars in Moscow is out. A news reporter has contacted Phil as he is the only bar who posted Kenay's picture along with the Daily News article and a phone number to call. The reporter informed Phil she was told by the other bars, "that it would hurt business." If any other bars, businesses are listening, Vision 2020 would love to hear from you. Yes, Phil is giving them an interview today.
I have also mentioned to the Detective on this case that I am sure UoI keeps records of all the students. Maybe they could send a letter to all the students from the past five years. The Detective told me today he would be contacting UoI.
If a female slept with an HIV positive person and then slept with another male who slept with another female................... on and on ............... could the virus be passed? I don't want to hear "statistics." Yes or no will do.
Janesta, thank you for caring enough to keep this thread going. Our community should not be asleep on this one.
Shelley Roderick
-------Original Message-------
From: Janesta Carcich
Date: 12/12/05 00:35:59
To: Vision2020 at moscow.com
Subject: [Vision2020] Department of Health Question
I am more than curious. Does anyone know the role of
the Department of Health regarding the recent HIV
incident? Will posters be put up in the businesses
Kanay frequented, to inform women who may have had
intimate contact with him?
I strongly feel education is the key to reaching these
women, and was wondering who was taking charge of
this? I have read the paper, and seen the TV. What of
those student's who are in dead week, or don't read
the paper, or watch TV?
If anyone knows, or has ideas, I am interested in
hearing answers and ideas. I think the HIPPA laws are
very important. However, he has been arrested, and is
in jail, as those of us who read vision2020 know. He
is HIV+ and has had relations with unsuspecting women,
(who should have used condoms, or abstained. but that
is another letter).
This is something Moscow hasn't faced before. We can
use this incident as a way to catalyze our community
into action, as a team, or bury our heads in the sand
and act as if this never happens. I would venture to
guess, Kanay is not the first, nor will he be the last
person to do this. Either, knowingly or unknowingly. I
sincerely hope the bar owners take responsible action,
put posters up, and educate people. It is
uncomfortable. A business owner may wonder if they
will lose business. I think they will gain respect,
for being pro-active.
I have lived in a safe little bubble, my community of
Moscow, for over 40 years. The bubble has been burst.
It is in my face, in spite of whether I want it there
or not. Africa is a long way away. We don't see the
suffering there. HIV is not in some faraway land
fellow citizens; it is HERE!
We can argue about statistics of condom use, no use,
or abstinence. Makes no difference, people are going
to be sexually active regardless of our personal
beliefs.
If someone hears about a plan, please let me know.
Thanks!
Janesta Carcich
Janesta Carcich
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