[Vision2020] HIV, Bail, Time for Hamlett to Retire?

Art Deco deco at moscow.com
Mon Dec 12 17:13:47 PST 2005


I do not know if he has bonded out.  But he has friends.  Perhaps they will 
raise the $500.

W.
----- Original Message ----- 
From: "Sunil Ramalingam" <sunilramalingam at hotmail.com>
To: <vision2020 at moscow.com>
Sent: Monday, December 12, 2005 4:08 PM
Subject: Re: [Vision2020] HIV, Bail, Time for Hamlett to Retire?


> Wayne,
>
> If he's still in jail with a $5,000.00 bond, then why all the hysteria? 
> If he could have bonded out, he would have.  Most people who can bond out 
> do so as soon as soon as possible.  It may as well be $250,000 if he can't 
> bond out on $5,000.00.
>
>
> Sunil
>
>
>>From: "Art Deco" <deco at moscow.com>
>>To: "Vision 2020" <vision2020 at moscow.com>
>>CC: Nathan Alford Daily News <alford at dnews.com>,        William Thompson 
>>Jr <pa at latah.id.us>
>>Subject: Re: [Vision2020] HIV, Bail, Time for Hamlett to Retire?
>>Date: Mon, 12 Dec 2005 13:46:41 -0800
>>
>>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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>>
>>
>>
>>
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