[Vision2020] Sentence Appropriate?

Sunil Ramalingam sunilramalingam at hotmail.com
Mon Jun 21 15:42:11 PDT 2010


Sure it's discretionary, but there's nothing uncommon about a person with priors receiving a withheld on a felony, particularly where the priors are misdemeanors.  So I'm not sure why you're so emphatic about this defendant being unsuitable. 

Sunil

From: deco at moscow.com
To: vision2020 at moscow.com
Date: Mon, 21 Jun 2010 15:32:16 -0700
Subject: Re: [Vision2020] Sentence Appropriate?










Having visited various criminal files, many are sealed or specific 
documents are sealed without a written order or even a notation in the 
minutes.
 
Isn't a withheld judgment within the discretion of the judge, especially 
when there are priors?
 
W.

  ----- Original Message ----- 
  From: 
  Sunil Ramalingam 
  To: vision 2020 
  Sent: Monday, June 21, 2010 3:18 PM
  Subject: Re: [Vision2020] Sentence 
  Appropriate?
  
I don't see an order sealing the file on the 
  repository.

What's the code section making him ineligible for a 
  withheld judgment?

Sunil


  
  From: deco at moscow.com
To: vision2020 at moscow.com
Date: Mon, 21 
  Jun 2010 13:19:41 -0700
Subject: Re: [Vision2020] Sentence 
  Appropriate?


  

  Given the information in the news article and the Idaho Repository, 
  Heustis did not cop a plea:
   
  
  "During the sentencing, Michelle 
  Evans, senior deputy prosecuting attorney for Latah County, asked for 10 years 
  probation and a 90-day jail sentence.
  "I think that it's appropriate to 
  impress upon Mr. Heustis ... the seriousness of what he did," she 
  said."
  Heustis pled guilty as charged, and the sentencing 
  was determined in a normal sentencing process and hearing, the same as if he 
  was found guilty in a judge or jury trial.  See:
  https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=1684&displayName=Heustis%2C+Kendall+Wayne
  Notice also the following actions:
  Order for Evaluation
  Presentence report
  Addendum to Presentence Report
  Paul writes:
  "A couple of days later, he's in jail and scared for his 
  life.  He's sees how many people out there assume he rapes 
  babies on a daily basis, and he desperately doesn't want to go to prison for 
  15 years labeled as a sex offender because he knows that could very well 
  happen if the prosecutor plays the "think of the children!" card and the jury 
  is not very sophisticated about this whole online thing.  So he cops a 
  plea and gets off with a reduced sentence and carries the "sex offender" brand 
  on his forehead for the world to see and gets to read about how it's a crime 
  that he was let out so soon and that he should be made to suffer more on a 
  local mailing list."
  Heustis was originally charged on 05/05/2009.  His 
  guilty plea was entered on 04/09/2010.  Hardly a couple of days 
  later.  He agrees to plead guilty and go through the normal sentencing 
  process where an evaluation is made and both the prosecution and defense make 
  their recommendations to the court.  
  Paul's hypothetical case has vanished based on the 
  facts.  In addition, if someone pleads guilty to something they did not 
  do, that would be perjury.
  The problem now is that most of the case has been sealed 
  since Heustis was given a withheld judgment.  The original complaint 
  and part of the Judgment of Conviction may be available. The part of the 
  Judgment of Conviction which deals with the meat of the matter has 
  probably been sealed.  The public is now prevented from examining the 
  facts of the case in order to judge the actions of the prosecution (which also 
  recommend a weak sentence) and of the judge. Very convenient.  A CYA 
  move by the judge and prosecution since a withheld judgment is hardly 
  appropriate for Heustis given his prior criminal convictions.
  W.
  
 
  
    ----- Original Message ----- 
    From: Paul 
    Rumelhart 
    To: Garrett Clevenger 
    Cc: vision2020 at moscow.com 
    Sent: Monday, June 21, 2010 12:12 
    PM
    Subject: Re: [Vision2020] Sentence 
    Appropriate?
    

We know absolutely nothing about this particular case 
    ("jack shit" is, I 
believe, the technical term).  Yet we're willing 
    to judge the leniency 
of his sentence and to call him a pedophile and a 
    creep on a public 
mailing list.

Here's a hypothetical 
    situation:

Maybe this guy went to an adult chatroom, where adults 
    talk with other 
adults about sex.  This guy strikes up a 
    conversation with a person who 
later claims that they are 13.  
    Since he's on an adult chatroom, he 
figure that this person is 
    role-playing, so he goes along with it.  The 
conversations 
    continue, and he make some remark about how they should 
both get 
    together and have sex, never intending to actually go through 
with 
    it.  He was just role-playing, not making an actual date.  A 
    couple 
of days later, he's in jail and scared for his life.  He's 
    sees how many 
people out there assume he rapes babies on a daily basis, 
    and he 
desperately doesn't want to go to prison for 15 years labeled as 
    a sex 
offender because he knows that could very well happen if the 
    prosecutor 
plays the "think of the children!" card and the jury is not 
    very 
sophisticated about this whole online thing.  So he cops a 
    plea and gets 
off with a reduced sentence and carries the "sex offender" 
    brand on his 
forehead for the world to see and gets to read about how 
    it's a crime 
that he was let out so soon and that he should be made to 
    suffer more on 
a local mailing list.

I don't know that it went 
    down that way, but I don't know that it didn't 
go down that way.  
    I, personally, would rather have more facts before I 
condemn this guy 
    and rage about his lenient sentence.

Paul

Garrett Clevenger 
    wrote:
> Paul writes:
>
> "this law as it stands sounds to 
    me like thought crime."
>
>
> It's one thing to have 
    fantasies about whatever, quite another to try to sexually engage with 
    someone you think is 13.
>
> This isn't a thought crime cause 
    the guy actually went out of his mind and out into the real world (even if 
    it's a virtual computer world)
>
> This guy's a pedophile and 
    should be locked up.
>
> I'm not a big supporter of entrapment 
    mostly because it's probably a waste of resources but at the same time this 
    guy pled guilty to enticing a 13 year old.
>
> That's dangerous 
    and unacceptable in our wired world.
>
> When I read this story 
    in the paper I too thought the sentence was way to light for this 
    creep.
>
>
> I'll hesitatingly give you a Stegner story 
    that may give you an idea of Stegner:
>
> 3 years ago, we 
    brought our baby to a restaurant after he was born. He was sitting in his 
    car seat in the restaurant when up walked a guy who asked if he could hold 
    him. I said sure while my wife had a horrified look on her face.  I 
    guess I wasn't as cautious as I should have been letting a stranger pick up 
    our baby.
>
> The guy walked outside with our baby. My wife ran 
    after him and asked for her baby back.
>
> It turned out the guy 
    was Stegner.  His wife came up later to apologize for him and said he 
    really likes kids.
>
> It was one thing to want to hold a baby, 
    quite another to leave the restaurant with him.  We were all taken back 
    by this and wondered why a judge, someone who probably sees all kinds of 
    creepy things, would be so thoughtless as to think leaving the restaurant 
    with someone else's baby wouldn't freak the parents out.
>
> I 
    don't know Stegner, but that incident left me wondering about his judging 
    capabilities.  Seeing his sentencing reaffirms that.
>
> 
    Garrett Clevenger
>
> 
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