[Spam] Re: [Vision2020] HIV, Bail, Time for Hamlett to Retire?
Shelly
CJs at turbonet.com
Mon Dec 12 17:19:49 PST 2005
He has a very big friend called the NAACP!!!! Oh yeah. Partially funded by
our tax dollars.
Shelley
-------Original Message-------
From: Art Deco
Date: 12/12/05 17:15:20
To: Vision 2020
Subject: [Spam] Re: [Vision2020] HIV, Bail, Time for Hamlett to Retire?
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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