<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META content="text/html; charset=iso-8859-1" http-equiv=Content-Type>
<STYLE>.hmmessage P {
PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px
}
BODY.hmmessage {
FONT-FAMILY: Verdana; FONT-SIZE: 10pt
}
</STYLE>
<META name=GENERATOR content="MSHTML 8.00.6001.18928"></HEAD>
<BODY class=hmmessage bgColor=#ffffff>
<DIV>First of all, I don't think "hired gun" witnesses who present very biased
testimony are limited to the defense. In the 1st district there was a
so-called expert who only testified for the prosecution. I thought this
witness was wrong sometimes almost to the extent of perjury. I think the
testimony from this witness wrongfully convicted several people. Someone
finally caught on and I do not think this witness is used much anymore.</DIV>
<DIV> </DIV>
<DIV>I have tried to look at several files lately in the courthouse where there
was a withheld judgment given. Only the original complaint, part one of
the Judgment of Conviction, and some other very trivial documents were
available, everything else was sealed.</DIV>
<DIV> </DIV>
<DIV>I'll see in July what's available in the Heustis file. </DIV>
<DIV> </DIV>
<DIV>When I speak of expungement, I speak of what goes on in some other states
like California. Kenny Piel's conviction for assaulting a prisoner
was expunged in California, for example. I mentioned expungement
because it works in other places similarly to a withheld judgment in
Idaho.</DIV>
<DIV> </DIV>
<DIV>The old saying "When all you have is a hammer, everything looks like a
nail" often applies to the world view of attorneys who specialize in criminal
defense work and to prosecutors. Each has mission in the advocacy system,
and each tends to see the world in such a way to be successful in their mission,
and to live with themselves. Do not think I'm advocating a different
system, probably nothing else would work better, but to say that the
advocacy system is without problems would be delusional.</DIV>
<DIV> </DIV>
<DIV>Our country has not dealt very successfully with keeping a low crime rate
when compared to other developed countries. While this is a very complex
matter, and not all related to what happens in the criminal justice system, the
element of personal responsibility seems to play a role in such matters.
We ought to do what we can to foster it including having people acknowledge
their actions.</DIV>
<DIV> </DIV>
<DIV>As for prosecutors being Old Testament in Latah County: What a
joke! Latah county is a defense attorney's paradise -- like Boundary
County is now.</DIV>
<DIV> </DIV>
<DIV>W.</DIV>
<BLOCKQUOTE
style="BORDER-LEFT: #000000 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px">
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<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=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision 2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, June 21, 2010 5:56 PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Fw: Sentence
Appropriate?</DIV>
<DIV><BR></DIV>So apparently predictability only exists on my side of the
aisle, which is also the only place where a 'hired gun' expert might be found,
according to you. And the world is good when the judge is always biased
in favor of the state.<BR><BR>A withheld judgment in no way closes the file.
Your claim could not be more wrong. The defendant goes on probation, and if he
or she does not perfectly comply with probation, loses the ability to get the
case dismissed. A probation violation exposes the defendant to the same range
of punishments the judge had at the time of sentencing. The case stays open
the entire time the defendant is on probation. <BR><BR>Moreover, it is NOT
treated as an expungement by many judges. I don't think any of the judges in
this district consider it an expungement, though I would be delighted to find
myself wrong on this.<BR><BR>Of course you found prosecutors to agree with
you. Like you, they're very Old Testament.<BR><BR>Sunil<BR><BR>
<HR id=stopSpelling>
From: deco@moscow.com<BR>To: vision2020@moscow.com<BR>Date: Mon, 21 Jun 2010
17:39:58 -0700<BR>Subject: [Vision2020] Fw: Sentence Appropriate?<BR><BR>
<STYLE>
.ExternalClass .ecxhmmessage P
{padding-bottom:0px;padding-left:0px;padding-right:0px;padding-top:0px;}
.ExternalClass BODY.ecxhmmessage
{font-family:Verdana;font-size:10pt;}
</STYLE>
<DIV> </DIV>
<DIV style="FONT: 10pt arial">----- Original Message -----
<DIV style="BACKGROUND: rgb(228,228,228)"><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=ecxstorybody><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
style="BORDER-LEFT: rgb(0,0,0) 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px"
dir=ltr>
<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=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=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 15:32:16 -0700<BR>Subject: Re: [Vision2020] Sentence
Appropriate?<BR><BR>
<STYLE>
.ExternalClass .ecxhmmessage P
{padding-bottom:0px;padding-left:0px;padding-right:0px;padding-top:0px;}
.ExternalClass BODY.ecxhmmessage
{font-family:Verdana;font-size:10pt;}
</STYLE>
<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
style="BORDER-LEFT: rgb(0,0,0) 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px">
<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=ecxecxstopSpelling>
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=ecxecxecxstorybody><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=ecxecxecxstorybody><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=ecxecxecxstorybody>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=ecxecxecxstorybody><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=ecxecxecxstorybody>Notice also the following actions:</P>
<P class=ecxecxecxstorybody>Order for Evaluation</P>
<P class=ecxecxecxstorybody>Presentence report</P>
<P class=ecxecxecxstorybody>Addendum to Presentence Report</P>
<P class=ecxecxecxstorybody>Paul writes:</P>
<P class=ecxecxecxstorybody><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=ecxecxecxstorybody>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=ecxecxecxstorybody>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=ecxecxecxstorybody>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=ecxecxecxstorybody>W.</P>
<P class=ecxecxecxstorybody><BR> </P></DIV>
<BLOCKQUOTE
style="BORDER-LEFT: rgb(0,0,0) 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px">
<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>>
=======================================================<BR>>
List services made available by First Step Internet, <BR>>
serving the communities of the Palouse since 1994.
<BR>>
<A
href="http://www.fsr.net">http://www.fsr.net</A>
<BR>> <A
href="mailto:Vision2020@moscow.com">mailto:Vision2020@moscow.com</A><BR>>
=======================================================<BR><BR><BR>=======================================================<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
<A
href="http://www.fsr.net">http://www.fsr.net</A>
<BR> <A
href="mailto:Vision2020@moscow.com">mailto:Vision2020@moscow.com</A><BR>=======================================================<BR></BLOCKQUOTE><BR>
<HR>
<BR>=======================================================<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>=======================================================</BLOCKQUOTE></BLOCKQUOTE>
<P>
<HR>
<P></P>=======================================================<BR> List
services made available by First Step Internet, <BR> serving the
communities of the Palouse since 1994.
<BR>
http://www.fsr.net
<BR>
mailto:Vision2020@moscow.com<BR>=======================================================</BLOCKQUOTE></BODY></HTML>