[Vision2020] Our Wonderful Latah County Justice System

Rosemary Huskey donaldrose at cpcinternet.com
Mon Dec 27 18:36:44 PST 2010


I can't ignore this thread but I approach this topic very gingerly.  I don't
want to offend friends who have a different understanding than I do, and I
share their concerns over  the preferential treatment given to Steven Sitler
- a singularly worthless Kirk byproduct.

Nonetheless, I feel obliged to publicly thank Sunil and Chuck for their
service to this county in the (IMO) thankless task of serving as public
defenders.  I don't know the facts of the case under discussion, and even if
I did my opinion wouldn't amount to a hill of beans.  I am inclined to leave
legal nuances to those who are trained to interrupt and argue them - whichly
(a made up family word that sometimes works really well in a sentence) would
not be me.  I'm guessing, however,  that it can't be fun to sit down with an
accused criminal jackass and prepare a professional defense. But it not
about fun, is it?  Nor, is it about letting criminals run roughshod over
Latah County residents. From my layperson's perspective, it's not even about
justice.  It seems to me the issue is the defendant's constitutional right
to a defense.  I am grateful that our public defenders take that
responsibility seriously.  And, while I throwing out a few long overdue
acknowledgements of appreciation,  I also would like to add Judge John
Stegner's name to the list of public servants that I respect and appreciate.

Rose Huskey (who knows a few public defenders and while admittedly biased,
thinks they are heroes and heroines!!)

 

 

 

From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Sunil Ramalingam
Sent: Monday, December 27, 2010 5:31 PM
To: vision 2020
Subject: Re: [Vision2020] Our Wonderful Latah County Justice System

 

Wayne,

Quit crawling on your belly, you dishonest and dishonorable colostomy bag,
before you question my integrity. The bulk of my work in criminal defense
was as a public defender, which did little for my financial bottom line. I
sure didn't make a pot of money doing it.  Latah County pays its two main
PDs a flat rate, no matter how hard they work or how many cases they have.
If anything, it was in my financial interest to have fewer cases charged, or
to do less work on each case I was appointed to, so that I could collect the
same amount and do more private work.  But what does someone like you care
about facts? The next time you honestly discuss these issues will be the
first.

And since I am not currently practicing law, I have nothing to gain by what
I'm saying here. I doubt either judge in Latah County loses any time on this
listserve in any case.

I referred to the misdemeanor from 2009, before the felonies to which he
pled at the same time. That comprised his history before the next two
events, at least in Tom's post. Having now scrolled all the way to the
bottom of his page on the repository, the only other case of note is a
reckless driving. I don' t know the facts of that charge, and I don't know
if he indeed drove recklessly or was overcharged. I only know he pled to an
infraction in the end. Again, the past as it shows up on the repository
would not have led to a prison sentence. No, I don't think his speeding
violations are serious.

Tom, it's the same statute whether it's stat or forceful rape; there are
just different subsections. That doesn't tell you anything. I know that the
law says there's no consensual sex with someone under 18. Isn't that a legal
fiction? Are you seriously telling me that someone under 18 is incapable of
deciding for himself or herself if they wish to have sex? Is that law some
sacred thing? If yes, then shouldn't every male having sex with his underage
girlfriend go to prison for as long as the guy who breaks into a house and
rapes someone forcefully? There's no difference, right? Or are thinking
people able to discern a difference?

If so, are the laws that criminalize homosexuality or smoking weed equally
sacred? 

Sunil

  _____  

From: deco at moscow.com
To: vision2020 at moscow.com
Date: Mon, 27 Dec 2010 16:48:37 -0800
CC: alford at dnews.com; lrozen at dnews.com
Subject: Re: [Vision2020] Our Wonderful Latah County Justice System

Sunil writes:

 

"Yes, Hursh has a misdemeanor. "

 

How very dishonestly misleading!

 

https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes
<https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATA
H&county=Latah&partySeq=87230&displayName=Hursh,+Hunter+Martin>
&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin

Count up the felonies.

 

It's one thing to argue on the basis of the facts, it's quite something
different to be less than candid about the facts themselves and apparently
the clear definition of rape in IC 18-6101.

 

After you have read the information in the link above form your own opinion
about the truth of counsel's remarks so far and their integrity.

  

I am not attacking the advocate system.  It is the best we can have given
human error.  But criminal defense counsel make their living from those
accused of crime.  The more clients they have and the better they are at
getting the best outcomes for their clients, the more successful and
prosperous they become.  It is to their economic advantage, if not
necessity, to have crimes committed -- more crimes mean more opportunities
for income/success.  It is also to their advantage to curry favor with
judges under attack by making ill-formed, failure-to-honestly-address the
issues raised arguments.

 

w.

 

----- Original Message ----- 

From: Sunil Ramalingam <mailto:sunilramalingam at hotmail.com>  

To: vision 2020 <mailto:vision2020 at moscow.com>  

Sent: Monday, December 27, 2010 4:00 PM

Subject: Re: [Vision2020] Our Wonderful Latah County Justice System

 

Tom,

I don't think you or Wayne knew anything about this case when you started
posting.  You don't know if this is a case of statutory rape or if it was by
force, do you?

What basis do you have to say "But in all cases, No means NO!" when in the
stat rape cases, both parties are saying "Yes?" You're just throwing out a
cliche that doesn't apply in the stat rape setting.

He's on probation. If he violates probation then he could be sentenced to
serve the 2-7, and he could also be sentenced on the rape, to anything the
judge could have sentenced him to when he first appeared for his sentencing.
That gives the judge a wide range of sentences if he doesn't comply with his
probation.  The judge will also take into account the sort of violation,
should one occur. They are not all the same, and do not all deserve
imposition of a sentence, no matter what some of the shrill voices here
think.

But why let either facts or ignorance of the facts get in the way of a
diatribe? Yes, Hursh has a misdemeanor. That's not going to tip the balance
into a fixed prison term. And having represented him on that charge, yes,
I'm aware of it.

Of course Wayne only brings things like this up so he can rail about the
prosecutor's office, our district judge, and then drag Steve Sitler into it.
Oh, and James Leonard too. The facts are irrelevant to him. 

Sunil

> Date: Mon, 27 Dec 2010 12:09:37 -0800
> Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
> From: thansen at moscow.com
> To: ckovis at turbonet.com; sunilramalingam at hotmail.com;
vision2020 at moscow.com
> 
> At the age of 17, it would be considered statutary rape.
> 
> Some jurisdictions, especially Latah County, will take into consideration
> the relationship between the victim and the accused if there ages are that
> close, BUT in ALL cases . . .
> 
> No means NO!
> 
> We should also look at the history of the accused.
> 
> ------------------------------------------------
> 
> Hunter Martin Hursh
> 
> September 19, 2009
> 
> Convicted of burglary, petit theft, and providing false information to an
> officer
> 
> Finding: Guilty
> Disposition date: 07/28/2010
> Fines/fees: $125.50
> Jail: 7 years
> Det Penitentiary: 2 years
> Indet Penitentiary: 5 years
> 
> ---------------
> 
> 05/10/2009 I18-7001 {M} Property-Malicious Injury to Property
> 
> Finding: Guilty
> Disposition date: 10/13/2009
> Fines/fees: $188.00
> 
> ------------------------------------------------
> 
> And then there's that inconvenient rape conviction.
> 
> And he just turned 22.
> 
> Seeya round town, Moscow.
> 
> Tom Hansen
> Moscow, Idaho
> 
> 
> 
> 
> On Mon, December 27, 2010 11:51 am, Chuck Kovis wrote:
> > So, Tom, if the "guy" was 18 and the girlfriend was 17, how long should
he
> > be placed in prison for rape? Just curious. Chuck Kovis
> >
> >
> > ----- Original Message -----
> > From: "Tom Hansen" <thansen at moscow.com>
> > To: "Sunil Ramalingam" <sunilramalingam at hotmail.com>; "vision 2020"
> > <vision2020 at moscow.com>; <alford at dnews.com>; <lrozen at dnews.com>
> > Sent: Monday, December 27, 2010 11:35 AM
> > Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
> >
> >
> >> The guy has a criminal history. Sunil, and he was convicted of rape for
> >> God's sake!!!!!!!!!!
> >>
> >>
> >> Probation for rape?????????????
> >>
> >> Thank God he wasn't caught with marijuana. We'd have to lock him up
> >> then,
> >> huh?
> >>
> >> JEEEEEEEEEEEEEEEEEEEEEEEEEEESH!!!!!
> >>
> >> Tom Hansen
> >> Moscow, Idaho
> >>
> >> On Mon, December 27, 2010 10:40 am, Sunil Ramalingam wrote:
> >>>
> >>> It seems to me that if people are going to rail and shout, they should
> >>> at
> >>> least make sure they report matters correctly. Hursh just came back
> >>> from
> >>> a
> >>> retained jurisdiction, which means he was in the prison system and had
> >>> to
> >>> be recommended for probation based upon his performance in the prison
> >>> system programming. On the Grand Theft charge he was sentenced to two
> >>> to
> >>> seven years in the custody of the Idaho Department of Corrections.
> >>>
> >>> (Note to the Daily News: He is now on probation, not parole. They are
> >>> not
> >>> interchangeable terms.)
> >>>
> >>> Having had clients go to prison after convictions of rape or child
> >>> molestation, I know it's ignorance to argue that those crimes go
> >>> unpunished in Latah County. I understand that people have their
> >>> agendas,
> >>> but that does not excuse falsehoods.
> >>>
> >>> Sunil
> >>>
> >>>> Date: Mon, 27 Dec 2010 09:45:13 -0800
> >>>> From: thansen at moscow.com
> >>>> To: deco at moscow.com; vision2020 at moscow.com; alford at dnews.com;
> >>>> lrozen at dnews.com
> >>>> Subject: Re: [Vision2020] Our Wonderful Latah County Justice System
> >>>>
> >>>> A THREE HUNDRED AND FIVE DOLLR fine!!?!?!?
> >>>>
> >>>> At Christmas time?
> >>>>
> >>>> Now, there's a couple taverns that'll just have to go without this
> >>>> season,
> >>>> huh?
> >>>>
> >>>> Any guesses who the judge was?
> >>>>
> >>>> Welcome to Latah County . . .
> >>>>
> >>>> Where RAPE and PEDOPHILIA rank supreme!
> >>>>
> >>>> Seeya round town. Moscow.
> >>>>
> >>>> Tom Hansen
> >>>> Moscosw, Idaho
> >>>>
> >>>>
> >>>>
> >>>>
> >>>> On Mon, December 27, 2010 9:12 am, Art Deco wrote:
> >>>> > The following appeared in the Daily News Public Records section on
> >>>> > Saturday:
> >>>> >
> >>>> > Sentencings
> >>>> >
> >>>> > Monday -- Hunter Marsh Hursh, 21, of Moscow was convicted of rape.
> >>>> He
> >>>> was
> >>>> > fined $305 and sentenced to five years of probation and 30 days of
> >>>> > discretionary jail time, and he cannot contact the victim for five
> >>>> years.
> >>>> >
> >>>> > Missing from this report is the fact that Hursh (with an extensive
> >>>> > criminal history) also received a withheld judgment for this rape.
> >>>> >
> >>>> >
> >>>> > WTF?
> >>>> >
> >>>> > A $305 fine and 30 days discretionary jail time? And a withheld
> >>>> judgment?
> >>>> > For rape? A felony?
> >>>> >
> >>>> > Hursh is no stranger to the criminal justice system. And since the
> >>>> crime
> >>>> > of rape [04-28-2009], he has been convicted of other crimes for
> >>>> which
> >>>> he
> >>>> > also received probation. Hursh will soon, if not now, be out in our
> >>>> > community, free to pursue his habitual ways. Who will be his next
> >>>> > victims? Is this what we want to happen in our community? Do we
> >>>> not
> >>>> care
> >>>> > enough about each other to take some time and effort to prevent
this
> >>>> kind
> >>>> > of public endangering infamy by the prosecutor and court?
> >>>> >
> >>>> >
> >>>> > Read Hursh's criminal history and the bumblings of the prosecutor
> >>>> and
> >>>> > judges here (Have a barf bag at the ready!):
> >>>> >
https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH
&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin
> >>>> >
> >>>> > Also you can do a search in the online Daily News [sorted by date]
> >>>> for
> >>>> > more information.
> >>>> >
> >>>> >
> >>>> > What's going on in Latah County?
> >>>> >
> >>>> > Besides inept, public disinterested prosecution and lazy,
> >>>> soft-headed
> >>>> > judges, where is the intensive media attention that allows this
kind
> >>>> of
> >>>> > outrage to escape public attention?
> >>>> >
> >>>> > Is the Daily News deliberately shielding the horrible ineptitude of
> >>>> the
> >>>> > prosecutor's office and the lack of judgment of certain judges, or
> >>>> is
> >>>> the
> >>>> > Daily News also practitioners of lassitude and ineptitude? How can
> >>>> the
> >>>> > public respond to this continued kind of ineptness and poor
judgment
> >>>> in
> >>>> > the criminal justice system if the media does not cover and comment
> >>>> upon
> >>>> > it? Without competent reporting and comment are we doomed to
> >>>> continue
> >>>> to
> >>>> > experience these kinds of outrages ad nauseam?
> >>>> >
> >>>> > And without intensive media coverage where is the general
deterrence
> >>>> that
> >>>> > is allegedly part of the goals of criminal sentencing? How do law
> >>>> > enforcement personnel feel when they spend much time and effort
> >>>> working up
> >>>> > a case only to find it handled in such a horrendously nonchalant
> >>>> manner by
> >>>> > the prosecutor and the courts? Over the long term wouldn't this
> >>>> kind
> >>>> of
> >>>> > event be likely to demotivate law enforcement?
> >>>> >
> >>>> > We need competent, public interest motivated reporting, and we need
> >>>> to
> >>>> > somehow motivate the prosecutor and court to serve the public
> >>>> interest
> >>>> or
> >>>> > change the inept and lazy out, by recall if necessary.
> >>>> >
> >>>> > And if the local media are not willing to act responsibly, perhaps
> >>>> it
> >>>> is
> >>>> > time to start talking to their advertising clients who bear some
> >>>> > responsibility for supporting this fifth-rate media arrogance and
> >>>> careless
> >>>> > ineptitude about serious crimes taking place and adversely
effecting
> >>>> > member of our community.
> >>>> >
> >>>> >
> >>>> > Wayne A. Fox
> >>>> > 1009 Karen Lane
> >>>> > PO Box 9421
> >>>> > Moscow, ID 83843
> >>>> >
> >>>> > waf at moscow.com
> >>>> > 208 882-7975
> >>>> > =======================================================
> >>>> > List services made available by First Step Internet,
> >>>> > serving the communities of the Palouse since 1994.
> >>>> > http://www.fsr.net
> >>>> > mailto:Vision2020 at moscow.com
> >>>> > =======================================================
> >>>>
> >>>>
> >>>> "The Pessimist complains about the wind, the Optimist expects it to
> >>>> change
> >>>> and the Realist adjusts his sails."
> >>>>
> >>>> - Unknown
> >>>>
> >>>>
> >>>> =======================================================
> >>>> List services made available by First Step Internet,
> >>>> serving the communities of the Palouse since 1994.
> >>>> http://www.fsr.net
> >>>> mailto:Vision2020 at moscow.com
> >>>> =======================================================
> >>> =======================================================
> >>> List services made available by First Step Internet,
> >>> serving the communities of the Palouse since 1994.
> >>> http://www.fsr.net
> >>> mailto:Vision2020 at moscow.com
> >>> =======================================================
> >>
> >>
> >> "The Pessimist complains about the wind, the Optimist expects it to
> >> change
> >> and the Realist adjusts his sails."
> >>
> >> - Unknown
> >>
> >>
> >> =======================================================
> >> List services made available by First Step Internet,
> >> serving the communities of the Palouse since 1994.
> >> http://www.fsr.net
> >> mailto:Vision2020 at moscow.com
> >> =======================================================
> >
> >
> 
> 
> "The Pessimist complains about the wind, the Optimist expects it to change
> and the Realist adjusts his sails."
> 
> - Unknown
> 
> 


  _____  



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          mailto:Vision2020 at moscow.com
=======================================================


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