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<DIV> </DIV>
<DIV style="FONT: 10pt arial">----- Original Message -----
<DIV style="BACKGROUND: #e4e4e4; font-color: black"><B>From:</B> <A
title=deco@moscow.com href="mailto:deco@moscow.com">Art Deco</A> </DIV>
<DIV><B>To:</B> <A title=sunilramalingam@hotmail.com
href="mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> </DIV>
<DIV><B>Sent:</B> Monday, June 21, 2010 5:39 PM</DIV>
<DIV><B>Subject:</B> Re: [Vision2020] Sentence Appropriate?</DIV></DIV>
<DIV><BR></DIV>
<DIV>I haven't attended yet a felony sentencing hearing in the 2nd
district. I attended many when I lived in the 1st district. Withheld
judgments were not handed out there like party favors, but only when the judge
seemed convinced that the person at issue would be unlikely to commit further
crimes. All this occurred before 1990. </DIV>
<DIV> </DIV>
<DIV>In the 1st district one of the criteria most often argued and mostly
unsuccessfully by the defense was the probability of some kind of further
offenses. Priors are obviously evidence to be taken into account when
making such a judgment about this probability. </DIV>
<DIV> </DIV>
<DIV>In addition, in my experience in the 1st district, it was not uncommon for
a judge in the role of trier of fact to reject/express great
skepticism claims made in presentence reports and by defense attorneys and
particularly those made by psychologists and similar kinds of witnesses/claims
makers and of claims of remorse by the defendant. In the case of some
defense attorneys it was very predictable, almost word for word, what kind of
statements of remorse would be offered by their clients. In addition,
certain "hired gun" so-called "expert"s could always be counted on to give a
very rosy recommendation/excuse for the lapse at issue for the
defendant.</DIV>
<DIV> </DIV>
<DIV>In the case of the present crime under discussion where a virtual
13 year old was attempted to be enticed for sexual favors, a very serious matter
in my opinion, I would hope the judge would not grant a withheld judgment
because it effectively closes the file and sends a counter-deterrence
message. I'll test this theory about the file being sealed sometime in
July.</DIV>
<DIV> </DIV>
<DIV>In this case, it doesn't seem to make sense to require the convicted person
to register as a sexual offender but conditionally remove the conviction from
his record and out of sight from the public.</DIV>
<DIV> </DIV>
<DIV>Of course the newspaper doesn't provide all the defendant's statements, but
this one was provided:</DIV>
<DIV> </DIV>
<DIV>
<P class=storybody><FONT color=#0000ff>"It's been a long two years," Heustis
said. "I've learned a lot from it. A lot of things happened because of what I
did on the computer, and <STRONG>I'm paying the price for
it</STRONG>."</FONT></P></DIV>
<DIV> </DIV>
<DIV>This doesn't sound very remorseful to me, but more like someone feeling
sorry for themselves. One element I'd expect a judge to consider when
looking at a withheld judgment application is if there is true
and sufficient remorse expressed by the defendant (not his attorney).</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Here's another opinion, one that you will like even less
as a defense attorney: I think the option of withheld judgments and
record expungements (except in cases where innocence is subsequently
demonstrated) should be abolished except for infractions/nonviolent misdemeanors
committed before the age of 16.</DIV>
<DIV> </DIV>
<DIV>I have argued this with many law professionals in the 1st district with
predictable results: Defense attorneys are generally against it,
prosecutors for it, and judges, not absolutely, but generally in favor of it,
particularly magistrates who see much recidivism.</DIV>
<DIV> </DIV>
<DIV>As a matter of opinion which I cannot prove except by offering
consequential evidence, I think this is true: Except in the case of a very
serious mental illnesses where a person has basically completely or very nearly
completely lost their ability to understand the consequences of their actions,
that people ought to hold themselves responsible, and be held responsible by
others for their actions. It's called personal responsibility.
</DIV>
<DIV> </DIV>
<DIV>All most all crimes and many torts occur because of the lack of personal
responsibility. Hence, as a society, and particularly in the criminal
justice system, we ought do all we can to encourage/promote personal
responsibility. In my opinion withheld judgments and record expungements
are counter-productive to fostering personal responsibility. Part of
taking responsibility for one's actions is to acknowledge, not hide them,
and to demonstrate that learning/reform has taken place and continues to take
place.</DIV>
<DIV> </DIV>
<DIV>As a corollary, I'd agree the sentencing options in Idaho are meager
and ought to be expanded, especially where treatment or other constructive
options are likely to be successful. However, the penal element ought not
be completely removed form a sentence, and certainly not the continued
acknowledgement of past lapses of personal responsibility.</DIV>
<DIV> </DIV>
<DIV>Wayne A. Fox<BR>1009 Karen Lane<BR>PO Box 9421<BR>Moscow, ID
83843</DIV>
<DIV> </DIV>
<DIV><A href="mailto:waf@moscow.com">waf@moscow.com</A><BR>208 882-7975</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>----- Original Message ----- </DIV>
<BLOCKQUOTE
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<DIV
style="FONT: 10pt arial; BACKGROUND: #e4e4e4; font-color: black"><B>From:</B>
<A title=sunilramalingam@hotmail.com
href="mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=deco@moscow.com
href="mailto:deco@moscow.com">deco@moscow.com</A> ; <A
title=vision2020@moscow.com href="mailto:vision2020@moscow.com">vision
2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, June 21, 2010 3:42 PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> RE: [Vision2020] Sentence
Appropriate?</DIV>
<DIV><BR></DIV>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. <BR><BR>Sunil<BR><BR>
<HR id=stopSpelling>
From: <A href="mailto:deco@moscow.com">deco@moscow.com</A><BR>To: <A
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A><BR>Date: Mon, 21
Jun 2010 15:32:16 -0700<BR>Subject: Re: [Vision2020] Sentence
Appropriate?<BR><BR>
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<DIV>Having visited various criminal files, many are sealed or specific
documents are sealed without a written order or even a notation in the
minutes.</DIV>
<DIV> </DIV>
<DIV>Isn't a withheld judgment within the discretion of the judge, especially
when there are priors?</DIV>
<DIV> </DIV>
<DIV>W.</DIV>
<BLOCKQUOTE
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<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV style="FONT: 10pt arial; BACKGROUND: rgb(228,228,228)"><B>From:</B> <A
title=sunilramalingam@hotmail.com
href="mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision 2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, June 21, 2010 3:18
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Sentence
Appropriate?</DIV>
<DIV><BR></DIV>I don't see an order sealing the file on the
repository.<BR><BR>What's the code section making him ineligible for a
withheld judgment?<BR><BR>Sunil<BR><BR>
<HR id=ecxstopSpelling>
From: <A href="mailto:deco@moscow.com">deco@moscow.com</A><BR>To: <A
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A><BR>Date: Mon,
21 Jun 2010 13:19:41 -0700<BR>Subject: Re: [Vision2020] Sentence
Appropriate?<BR><BR>
<STYLE>
</STYLE>
<DIV>Given the information in the news article and the Idaho Repository,
Heustis <STRONG>did not</STRONG> cop a plea:</DIV>
<DIV> </DIV>
<DIV>
<P class=ecxecxstorybody><FONT color=#0000ff>"During the sentencing,
Michelle Evans, senior deputy prosecuting attorney for Latah County, asked
for 10 years probation and a 90-day jail sentence.</FONT></P>
<P class=ecxecxstorybody><FONT color=#0000ff>"I think that it's appropriate
to impress upon Mr. Heustis ... the seriousness of what he did," she
said."</FONT></P>
<P class=ecxecxstorybody>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:</P>
<P class=ecxecxstorybody><FONT size=2><A
href="https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=1684&displayName=Heustis,+Kendall+Wayne">https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=1684&displayName=Heustis%2C+Kendall+Wayne</A></FONT></P>
<P class=ecxecxstorybody>Notice also the following actions:</P>
<P class=ecxecxstorybody>Order for Evaluation</P>
<P class=ecxecxstorybody>Presentence report</P>
<P class=ecxecxstorybody>Addendum to Presentence Report</P>
<P class=ecxecxstorybody>Paul writes:</P>
<P class=ecxecxstorybody><FONT color=#0000ff>"<FONT color=#000000><FONT
color=#0000ff>A couple of days later, he's in jail and scared for his
life.</FONT> </FONT>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."</FONT></P>
<P class=ecxecxstorybody>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. </P>
<P class=ecxecxstorybody>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.</P>
<P class=ecxecxstorybody>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.</P>
<P class=ecxecxstorybody>W.</P>
<P class=ecxecxstorybody><BR> </P></DIV>
<BLOCKQUOTE
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<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV style="FONT: 10pt arial; BACKGROUND: rgb(228,228,228)"><B>From:</B>
<A title=godshatter@yahoo.com href="mailto:godshatter@yahoo.com">Paul
Rumelhart</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=garrettmc@verizon.net
href="mailto:garrettmc@verizon.net">Garrett Clevenger</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Cc:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, June 21, 2010 12:12
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Sentence
Appropriate?</DIV>
<DIV><BR></DIV><BR>We know absolutely nothing about this particular case
("jack shit" is, I <BR>believe, the technical term). Yet we're
willing to judge the leniency <BR>of his sentence and to call him a
pedophile and a creep on a public <BR>mailing list.<BR><BR>Here's a
hypothetical situation:<BR><BR>Maybe this guy went to an adult chatroom,
where adults talk with other <BR>adults about sex. This guy strikes
up a conversation with a person who <BR>later claims that they are
13. Since he's on an adult chatroom, he <BR>figure that this person
is role-playing, so he goes along with it. The <BR>conversations
continue, and he make some remark about how they should <BR>both get
together and have sex, never intending to actually go through <BR>with
it. He was just role-playing, not making an actual date. A
couple <BR>of days later, he's in jail and scared for his life. He's
sees how many <BR>people out there assume he rapes babies on a daily
basis, and he <BR>desperately doesn't want to go to prison for 15 years
labeled as a sex <BR>offender because he knows that could very well happen
if the prosecutor <BR>plays the "think of the children!" card and the jury
is not very <BR>sophisticated about this whole online thing. So he
cops a plea and gets <BR>off with a reduced sentence and carries the "sex
offender" brand on his <BR>forehead for the world to see and gets to read
about how it's a crime <BR>that he was let out so soon and that he should
be made to suffer more on <BR>a local mailing list.<BR><BR>I don't know
that it went down that way, but I don't know that it didn't <BR>go down
that way. I, personally, would rather have more facts before I
<BR>condemn this guy and rage about his lenient
sentence.<BR><BR>Paul<BR><BR>Garrett Clevenger wrote:<BR>> Paul
writes:<BR>><BR>> "this law as it stands sounds to me like thought
crime."<BR>><BR>><BR>> It's one thing to have fantasies about
whatever, quite another to try to sexually engage with someone you think
is 13.<BR>><BR>> 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)<BR>><BR>> This guy's a pedophile and should be
locked up.<BR>><BR>> 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.<BR>><BR>> That's dangerous
and unacceptable in our wired world.<BR>><BR>> When I read this
story in the paper I too thought the sentence was way to light for this
creep.<BR>><BR>><BR>> I'll hesitatingly give you a Stegner story
that may give you an idea of Stegner:<BR>><BR>> 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.<BR>><BR>> The guy walked outside with our baby. My wife
ran after him and asked for her baby back.<BR>><BR>> It turned out
the guy was Stegner. His wife came up later to apologize for him and
said he really likes kids.<BR>><BR>> 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.<BR>><BR>> I don't know Stegner, but that incident left me
wondering about his judging capabilities. Seeing his sentencing
reaffirms that.<BR>><BR>> Garrett Clevenger<BR>><BR>>
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