[Vision2020] Remember this outrage?

Art Deco deco at moscow.com
Tue Aug 24 16:47:31 PDT 2010


James C. Leonard shot his friend multiple times at point blank range, murdering him.

Judge Jeff Brudie let him out on probation (not parole) after Leonard had served less than six months.

During the Silas Parks hearing rather than sentence Parks to the maximum determinate time of 40 years, murderer and body burner Parks was sentenced to 25 years determinate time with an option of up to 15 years more should Parks fail to qualify for parole.

Judge Brudie:  "As a judge, I have to believe in rehabilitation."  How reckless, naive, and uninformed, especially in the cases of Parks and Leonard. 

Less than six months for murdering someone by shooting them at point blank range multiple times?  Where is the deterrence factor?  Where is the consideration of risk to the public?  Where is the outage and consequences for the cowardly, wanton taking of a human life?

I hope that Brudie is educable and that the Leonard case opens his eyes and mind.  Some cannot be rehabilitated given methods now available.  Some crimes are so heinous that considerations of rehabilitation when sentencing are dwarfed by the ignominy, seriousness, and horror of the crime. If Judge Brudie is not educable, then he needs to be removed from office.  He is a greater danger to society than many he sits in judgment of.


Wayne A. Fox
1009 Karen Lane
PO Box 9421
Moscow, ID  83843

waf at moscow.com
208 882-7975

_____________________________________
 
Probation officer cites failure to find a job, complete community service

By Christina Lords Daily News staff writer
August 24, 2010

QUICK READ

* WHAT HAPPENED: James C. Leonard appeared at an admit/deny hearing in Latah County District Court on Monday.

* WHAT IT MEANS: Leonard has been accused of violating his probation, including lying about trying to gain employment and completing community service.

* WHAT HAPPENS NEXT: He will go before the court again at 2 p.m. Monday.

* WHY YOU SHOULD CARE: Leonard pleaded guilty to voluntary manslaughter in the 2007 shooting death of Tyler Pace Lee.

The man who pleaded guilty to voluntary manslaughter in the 2007 shooting death of Tyler Pace Lee was back in Latah County District Court on Monday after he allegedly violated his probation several times.

James Curtis Leonard was granted probation in November, and since that time probation officer Clinton Hoiland stated Leonard has lied about actively searching for employment and completing the community service assigned to him.

Leonard denied those claims at an admit/deny hearing Monday.

The alleged violations are outlined in reports sent to District Judge Jeff M. Brudie dated Aug. 9 and Aug. 18.

Leonard pleaded guilty to voluntary manslaughter in 2008 for shooting Lee, who was 25, of Moscow multiple times with a handgun and killing him after an argument at Leonard's Sprenger Road home near Genesee.

"He killed someone," Hoiland states in the report. "He is not paying his restitution. He is not paying his child support. He has responsibilities that he must shoulder if he wishes to remain free."

He said Leonard's failure to find work after nearly a year under supervision is unacceptable. Because Leonard was still unemployed, Hoiland ordered him to complete four hours of community service every weekday until he found a job.

On Aug. 18, Hoiland contacted three employers Leonard said he had spoken to about getting a job. All three stated they had not talked to Leonard that day, according to the report.

The report also states Leonard, 26, did not complete the required hours of community service.

"I underestimated his stubbornly indolent attitude," Hoiland's report states. "I must admit that I am completely at a loss as to how to get him to become a productive citizen. I simply have no more affective tools to use."

Second District Judge Jeff Brudie originally sentenced Leonard in May 2009 to a term of no less than five years in prison and no more than 15.

Leonard faced a probation period of 15 years from the date of his original sentencing in 2009.

Brudie retained jurisdiction in the case in order to determine whether Leonard should be eligible for probation upon completion of several state programs at the North Idaho Correctional Institution in Cottonwood.

Leonard received a recommendation of probation from the Idaho Department of Corrections based on his work at the Cottonwood facility.

Latah County Prosecutor Bill Thompson said Leonard was in custody slightly less than six months for the crime. Under the retained jurisdiction, if Leonard is found in violation of his probation, he could serve more prison time.

Leonard was originally charged with voluntary manslaughter in 2007 and entered a plea of not guilty. In May 2008, the state sought a second-degree murder charge as further details of the case emerged.

Thompson argued against granting probation at that time.

"I have to wonder if we are creating a situation that is destined to fail," he said at the time.

Leonard will go before the court again at 2 p.m. Monday.

At that time, the burden of proof will lie with the state to prove Leonard violated probation.

Christina Lords can be reached at (208) 882-5561, ext. 301, or by e-mail to clords at dnews.com.
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