[Vision2020] WTF?

[Chuck Kovis]

Wayne and Gary, Call him and the killing whatever you like/want, BUT:  Idaho law defines voluntary manslaughter as: "the unlawful killing of a human being, . . . without malice.  It is of three kinds:

    1. Voluntary - UPON A SUDDEN QUARREL OR HEAT OF PASSION.  

This distinction is several centuries old.  The penalty is a maximum of 15 years in prison.  My understanding is that is what Mr. Leonard received from Judge Brudie - 15 years in prison. I know of no judge in Idaho that will sentence a defendant, retain jurisdiction and send that person to Cottonwood or a work camp, get a recommendation from those facilities for probation and then drop jurisdiction and make them serve the original sentence.  That would be an abuse of discretion and be quickly overturned by either the Supreme Ct. or the Ct. of Appeals.  

The attorneys for the parties reached a mutually agreeable outcome and the Judge accepted that.  Again, he gave Mr. Leonard the maximum sentence under the law.  Mr. Thompson, Mr. Ramalingam and Judge Brudie shouldn't be castigated because you thought the original sentence would be served.  That's not what the agreement contemplated; that's not what happened.  If Mr. Leonard violates his probation, and he is on probation for 15 years, he could conceivably end up in prison for 15 years, 14 years and 364 days from now.

As far as Ms. Eckman is concerned, I note that the Meister case she tried has come back from the Supreme Court and it will be tried again.  That will cost the county plenty.  Sometimes balls to the wall isn't the way to go.  

I've said enough about this case.  I'm done.  Give me a call - I'm like Joe - I'll take you to lunch.  Chuck Kovis

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