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<DIV>Chuck wrote:</DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV>1. <FONT color=#0000ff>"So, Tom, if the "guy" was 18 and
the girlfriend was 17, how long should he be placed in prison for rape?
Just curious."</FONT></DIV>
<DIV> </DIV>
<DIV>2. <FONT color=#0000ff>"Okay, the "guy" is 18 and his
girlfriend is 15 years and 11 months and 29 days old and he is a senior in high
school and she is a sophomore."</FONT></DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Are we now referring to Hunter Martin Hursh or is this a hypothetical
question? Hunter Martin Hursh was born in 1988 so in 2009 he was either 20
or 21.</DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV>What is the real truth here? Is this how the PA and the
court are flummoxed? If so, pity the public.</DIV>
<DIV> </DIV>
<DIV>So that we do not lose track of the criminal background of Hursh:</DIV>
<DIV><A
href="https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin">https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin</A><BR></DIV>
<DIV>Hursh is not some innocent who in the heat of passion had sex with a 15
year old. He has shown either that he cares little for the law, is a
very slow learner, and/or he is a psychopath/sociopath.</DIV>
<DIV> </DIV>
<DIV>I do not believe that successful completion of a six month term in
Cottonwood is a reliable indication that Hursh (or anyone) has
learned their lesson and is/are rehabilitated. What Hursh has
probably learned is how to game the system, how to avoid being caught, and if
caught, how to minimize the probability of conviction and/or a stiff
sentence.</DIV>
<DIV> </DIV>
<DIV>There are several factors that a judge must consider when deciding upon a
reasonable sentence. These include the probability or recurring criminal
behavior, personal and general deterrence, danger to the public, probability of
rehabilitation, and retribution. These are elements that must be taken
very seriously, especially if a plea bargain is offered.</DIV>
<DIV> </DIV>
<DIV>In my opinion neither the prosecutor nor at least two judges in the Second
Judicial District take these duties seriously enough. They especially fail
in considering the public interest/safety enough. In one case of the
judges, in my opinion, laziness/nonchalance is a factor. In the other, a
dangerously mistaken belief that everyone can be rehabilitated (dangerous
especially in Idaho where rehabilitation programs are minimal) is a
factor. The prosecutor and his staff are much less than stellar in
the courtroom so they are the mercy of some quite competent defense attorneys
whose sworn duty is to accede to the wishes (within the canons of ethics) of
their clients. </DIV>
<DIV> </DIV>
<DIV>A rape has occurred. A guilty plea to rape [IC 19-6101] was
entered. The defendant has a serious criminal record. Prior to
the handing down of the sentence for rape, the defendant was convicted of
several more serious crimes.</DIV>
<DIV> </DIV>
<DIV>So is $305 fine, five years of probation, a withheld judgment, and 30
days of discretionary jail time going to:</DIV>
<DIV> </DIV>
<DIV>1. Deter Hursh from further crimes?</DIV>
<DIV>2. Make the public safer from further offences?</DIV>
<DIV>3. Offer rape and other serious crime victims the
assurance that reporting the offense(s) and being subjected to the trauma of
court process is worth the probable outcome in the criminal justice
system?</DIV>
<DIV>4. Motivate law enforcement to expend the effort to work
up winnable cases?</DIV>
<DIV>5. Rehabilitate the now habitually criminal
defendant?</DIV>
<DIV> </DIV>
<DIV>I doubt it. </DIV>
<DIV> </DIV>
<DIV>I am guessing that we have another case like that of James Curtis Leonard
(see below) who murdered his friend with several shots at point blank range
and then served an initial sentence of five months. A real triumph
for defense attorneys; a blatantly black eye for the prosecutor and the belief
in the integrity and good sense of judges; a real loss for society.
Thank goodness a probation officer monitored Curtis enough so that probation was
finally revoked (after two attempts).</DIV>
<DIV> </DIV>
<DIV>We do not know enough about who can be rehabilitated and by what means to
err on the side of leniency at the risk of putting members of the public at risk
especially in the case of a defendant with a criminal history like the
one in the present case.</DIV>
<DIV> </DIV>
<DIV>I do not know exactly how many years of prison would be enough to protect
the public, to encourage the reporting of rape and other serious crimes, to
show law enforcement that their efforts are not in vain, and to deter the
defendant and others in this case. I suspect that five years would not be
too many.</DIV>
<DIV> </DIV>
<DIV><BR>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<BR></DIV>
<DIV>__________________________________________</DIV>
<DIV><FONT size=2></FONT> </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=vision2020@moscow.com
href="mailto:vision2020@moscow.com">Vision 2020</A> </DIV>
<DIV><B>Sent:</B> Friday, November 06, 2009 12:47 PM</DIV>
<DIV><B>Subject:</B> Re: [Vision2020] WTF?</DIV>
<DIV> </DIV>
<DIV><FONT face=Verdana></FONT> </DIV></DIV></DIV>
<DIV>
<DIV>What this decision says is that in slightly modified form the unwritten law
(It's OK to kill your spouse's lover) is in full operation in Latah
County. Wonderful! Would this apply also if the adulterer killed was
a prominent local parson?</DIV>
<DIV> </DIV>
<DIV>I thought the original sentence was perhaps a little weak, but at least it
sent a message that alleged adultery is not a justification of murder (usage:
ordinary language, not one of the many different shades of legalese to
describe a chickenshit slaying). But 5 months soft jail time?</DIV>
<DIV> </DIV>
<DIV>According the <EM>DN</EM> here is part of the murderer's statement of
remorse:</DIV>
<DIV> </DIV>
<DIV><FONT color=#0000ff>"There is not a day that goes by that I don't think
about what happened."</FONT></DIV>
<DIV> </DIV>
<DIV>This doesn't sound like remorse to me, but rather indulgent
self-pity.</DIV>
<DIV> </DIV>
<DIV>The victim, Tyler Pace Lee, will never know the joy or sorrow of anything
anymore. His friends and family, instead enjoying his presence, are left
with numbing sorrow, emptiness, and bewilderment at the judge and whole criminal
justice system.</DIV>
<DIV> </DIV>
<DIV>
<P class=storybody><FONT color=#0000ff>'Lee's father, Loftin Lee, listened to
the proceedings via conference call and also addressed the court. Ultimately his
pleas for Leonard to remain incarcerated were not heeded. "Five months
incarceration is not enough punishment for the person who took my son's life,"
he said.'</FONT></P></DIV>
<DIV> </DIV>
<DIV>And it's 15 years of probation, not parole.</DIV>
<DIV> </DIV>
<DIV>At least Prosecutor Bill Thompson opposed this absurd reduction:
</DIV>
<DIV> </DIV>
<DIV>
<P class=storybody><FONT color=#0000ff>'Prior to Brudie's decision, Prosecutor
Bill Thompson argued against granting probation. He cited concerns over lack of
suitable supervision in Leonard's probation plan and also over what he said
seemed to be a lack of remorse over the incident. "I have to wonder if we
are creating a situation that is destined to fail," he said.'</FONT></P></DIV>
<DIV> </DIV>
<DIV>Maybe in addition to murderer James Leonard, the judge and recommending
Cottonwood officials ought be in prison too. In my opinion they represent
a far greater threat to society than Leonard because they are likely to be
continuous repeat offenders in this regard.</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><FONT size=2>
<H1>Leonard charged with second-degree murder</H1>
<P id=storydate>Posted on: Thursday, May 08, 2008</P>
<P> </P>
<DIV id=in-story>
<P class=storybody>James Curtis Leonard has officially been charged with
second-degree murder for the June shooting death of Tyler Pace Lee.</P>
<P class=storybody> </P>
<P class=storybody>Leonard, 24, was to face trial for voluntary manslaughter,
but that charge was dismissed just before the trial was slated to begin last
week. Prosecutors filed the second-degree murder charge Wednesday in Latah
County District Court.</P>
<P class=storybody> </P>
<P class=storybody>Police allege Leonard shot Lee, 25, of Moscow multiple times
with a handgun and killed him after a June 19 argument at Leonard's Sprenger
Road home near Genesee.</P>
<P class=storybody> </P>
<P class=storybody>Leonard pleaded not guilty to the voluntary manslaughter
charge in August.</P>
<P class=storybody> </P>
<P class=storybody>Lee's ex-girlfriend, Amanda Draper, testified during an
August preliminary hearing that Lee threatened to kill her, Leonard and
Leonard's wife after learning Leonard had an affair with Draper. Draper also
testified that Lee said he would rape Leonard's wife in front of Leonard before
killing them.</P>
<P class=storybody> </P>
<P class=storybody>The motion for dismissal of the voluntary manslaughter
charges stated that new information had come to light in the case.</P>
<P class=storybody> </P>
<P class=storybody>An affidavit of Detective Margaret Lehmbecker filed Friday
states that she spoke April 22 to Lee's sister, who said Draper had told several
different stories about what happened the morning of June 19. One story
indicated Lee had caught Draper and Leonard having sex.</P>
<P class=storybody> </P>
<P class=storybody>Lehmbecker interviewed Draper again April 23. According to
the affidavit, Draper said she did not have sex with Leonard that morning, but
said they were "messing around" and Lee may have seen them.</P>
<P class=storybody> </P>
<P class=storybody>Lehmbecker's affidavit also states that Sunny Namauu, who
lived at the Sprenger Road home with Leonard, told an Idaho State Police officer
in July that Leonard "tried to dispose of Lee's body." Namauu said Leonard asked
him for a shovel, which Namauu gave him. Namauu said he did not help Leonard
with the body.</P>
<P class=storybody>Leonard's preliminary hearing has been scheduled for 10 a.m.
June 26.</P>
<P
class=storybody>___________________________________________</P></FONT></DIV></DIV></DIV>
<DIV> </DIV>
<DIV>
<DIV><FONT size=2>
<H1>James Leonard granted probation</H1>
<H3>Man faces 15 years probation after five months in prison for 2007 shooting
death</H3>
<P id=byline>By Mark Williams Daily News staff writer</P>
<P id=storydate>Posted on: Thursday, November 05, 2009</P>
<DIV id=mugshot><IMG alt=Leonard
src="http://www.dnews.com/images/4355567.jpg"><BR>Leonard</DIV>
<DIV id=in-story> </DIV><NOSCRIPT></NOSCRIPT></DIV>
<P class=storybody>James Curtis Leonard was granted probation Wednesday for the
2007 shooting death of Tyler Pace Lee.</P>
<P class=storybody> </P>
<P class=storybody>Leonard pleaded guilty to voluntary manslaughter last
February for shooting Lee, 25, of Moscow multiple times with a handgun and
killing him after an argument at Leonard's Sprenger Road home near Genesee.</P>
<P class=storybody> </P>
<P class=storybody>Second District Judge Jeff Brudie originally sentenced
Leonard last May to a term of no less than five years in prison and no more than
15.</P>
<P class=storybody> </P>
<P class=storybody>Leonard will now face a probation period of 15 years from the
date of his original sentencing in May. He soon will be processed and released,
then required to report to an assigned probation officer.</P>
<P class=storybody> </P>
<P class=storybody>Both Brudie and defense attorney Sunil Ramalingam indicated
Leonard ultimately would seek to move out of the Moscow/Latah County area while
completing the probation.</P>
<P class=storybody> </P>
<P class=storybody>Brudie retained jurisdiction 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, where
Leonard was held for the past five months.</P>
<P class=storybody> </P>
<P class=storybody>Leonard received a recommendation of probation from the Idaho
Department of Corrections based on his work at the Cottonwood facility. Brudie
said he was not obligated to follow the recommendation but said Leonard had met
the requirements placed before him to earn probation.</P>
<P class=storybody> </P>
<P class=storybody>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. Leonard
pleaded not guilty to the second-degree charge in August 2008.</P>
<P class=storybody> </P>
<P class=storybody>Prior to Brudie's decision, Prosecutor Bill Thompson argued
against granting probation. He cited concerns over lack of suitable supervision
in Leonard's probation plan and also over what he said seemed to be a lack of
remorse over the incident.</P>
<P class=storybody> </P>
<P class=storybody>"I have to wonder if we are creating a situation that is
destined to fail," he said.</P>
<P class=storybody> </P>
<P class=storybody>Lee's father, Loftin Lee, listened to the proceedings via
conference call and also addressed the court. Ultimately his pleas for Leonard
to remain incarcerated were not heeded. </P>
<P class=storybody> </P>
<P class=storybody>"Five months incarceration is not enough punishment for the
person who took my son's life," he said.</P>
<P class=storybody> </P>
<P class=storybody>A soft-spoken, visibly nervous Leonard also made a short
statement prior to Brudie's decision and asked Lee's family for forgiveness.</P>
<P class=storybody> </P>
<P class=storybody>"There is not a day that goes by that I don't think about
what happened," he said.</P>
<P class=storybody> </P>
<P class=storybody><STRONG>Mark Williams</STRONG> can be reached at (208)
882-5561, ext. 301, or by e-mail at <A href="mailto:mwilliams@dnews.com"
rel=external>mwilliams@dnews.com</A>.</FONT></P></DIV>
<DIV> </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=donaledwards@hotmail.com
href="mailto:donaledwards@hotmail.com">donald edwards</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Friday, November 06, 2009 7:19
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] WTF?</DIV>
<DIV><BR></DIV>
<DIV>I sympathize with the "crime of passion" argument from personal
experience with a similar situation involving a cheating fiancee' in our
own living room while I was home. I guess I chose to swallow my
ego, go out and learn Craps that night at the Flamingo Hilton down
the street, then move out the next day. What was I going to do that
would change her mind? Kill us all? It took maybe a few
weeks of introspection to weigh my own part in what
maybe inspired her to that action of longing something
different. <BR><BR>"If you don't like the punishment for the various
degrees of crime, then go to your legislator and have the law changed." Chuck
Kovis<BR> <BR>Chuck is right. The laws suck. I think it's
because most of our lawmakers don't care about serving the common man but
are whores for big business. This is obvious in a system where we allow
private owned prisons to lobby congress for mandatory minimum sentences and
three-strikes laws that would put away a petty thief for 25yrs. with no
parole because he stole a loaf of bread after being out of jail for 5
years and holding a job the entire time. No compassion allowed for
him.<BR> <BR>Or the man who loses his house and family and
serves a min. 10yrs. no-parole for planting a seed in his backyard that keeps
him calm and non-violent while combatting the law of supply and demand
that allows the Mexican Mafia to profit thus saving lives of law
enforcement. Nope, we'd rather he be out spending his money, drinking
and driving and waving his guns around or doped up on Merck
Meds and Alcohol.<BR> <BR>Here's an idea for a legislative change: why
not encourage responsible gun control that would require anyone wanting
the great responsibility of owning an arsenal have to take the same
safety and law course policemen do? These teach case studies of
when lethal force is appropriate and the consequences even officers have had
to suffer for making that split second decision to pull the
trigger. This might have been invaluable to the shooter
who would have been better equipped to decide if his life was truly
in danger or if it could have been handled with a call to 911 first, then a
baseball bat, phone cord, neck tie or even his own two feet in the
meantime.<BR> <BR>Apparently though, 5-15yrs. somehow translates to 5mo.
Great message for the next generation of lawmakers and the
rational/logical thinking young adults running around screwing
eachother.<BR> <BR>Don "backasswards" common
sense<BR><BR><BR></DIV></BLOCKQUOTE></DIV>
<DIV> </DIV>
<BLOCKQUOTE
style="BORDER-LEFT: #000000 2px solid; PADDING-LEFT: 5px; PADDING-RIGHT: 0px; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px"
dir=ltr>
<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="FONT: 10pt arial; BACKGROUND: #e4e4e4; font-color: black"><B>From:</B>
<A title=ckovis@turbonet.com href="mailto:ckovis@turbonet.com">Chuck Kovis</A>
</DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=deco@moscow.com
href="mailto:deco@moscow.com">Art Deco</A> ; <A title=vision2020@moscow.com
href="mailto:vision2020@moscow.com">Vision 2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, December 27, 2010 12:46
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Our Wonderful
Latah County Justice System</DIV>
<DIV><BR></DIV>
<DIV><FONT size=2 face=Arial>Okay, the "guy" is 18 and his girlfriend is 15
years and 11 months and 29 days old and he is a senior in high school and she
is a sophomore. How long should he go to prison? What the hell is
so hard about saying how long he should go to prison? How long?
Chuck Kovis</FONT></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=deco@moscow.com href="mailto:deco@moscow.com">Art Deco</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, December 27, 2010 12:28
PM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Our Wonderful
Latah County Justice System</DIV>
<DIV><BR></DIV>
<DIV><FONT size=2>Chuck wrote:</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT color=#0000ff>"So, Tom, if the "guy" was 18 and the girlfriend
was 17, how long should he be placed in prison for rape? Just
curious."</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV><FONT size=2>So how does this fit the definition of rape?</FONT></DIV>
<DIV><FONT size=2></FONT> </DIV>
<DIV>
<DIV style="TEXT-ALIGN: center; LINE-HEIGHT: 12pt"><SPAN
style="TEXT-TRANSFORM: uppercase; FONT-FAMILY: Courier New" class=f11s>TITLE
18 </SPAN></DIV>
<DIV style="TEXT-ALIGN: center; LINE-HEIGHT: 12pt"><SPAN
style="TEXT-TRANSFORM: uppercase; FONT-FAMILY: Courier New"
class=f11s>CRIMES AND PUNISHMENTS</SPAN></DIV>
<DIV style="TEXT-ALIGN: center; LINE-HEIGHT: 12pt" class=p8><SPAN
style="FONT-FAMILY: Courier New" class=f11s>CHAPTER 61 </SPAN></DIV>
<DIV style="TEXT-ALIGN: center; LINE-HEIGHT: 12pt"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>RAPE</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; PADDING-TOP: 9pt"><SPAN
style="FONT-FAMILY: Courier New"
class=f11s> 18-6101. <SPAN
style="TEXT-TRANSFORM: uppercase">Rape defined. </SPAN>Rape is defined
as the penetration, however slight, of the oral, anal or vaginal opening
with the perpetrator's penis accomplished with a female under any one (1) of
the following circumstances:</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(1) Where the female
is under the age of sixteen (16) years and the perpetrator is eighteen (18)
years of age or older.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(2) Where the female
is sixteen (16) or seventeen (17) years of age and the perpetrator is three
(3) years or more older than the female.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(3) Where she is
incapable, through any unsoundness of mind, due to any cause including, but
not limited to, mental illness, mental disability or developmental
disability, whether temporary or permanent, of giving legal
consent.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(4) Where she resists
but her resistance is overcome by force or violence.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(5) Where she is
prevented from resistance by the infliction, attempted infliction, or
threatened infliction of bodily harm, accompanied by apparent power of
execution; or is unable to resist due to any intoxicating, narcotic, or
anaesthetic substance.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(6) Where she is at
the time unconscious of the nature of the act. As used in this section,
"unconscious of the nature of the act" means incapable of resisting because
the victim meets one (1) of the following conditions:</SPAN></DIV>
<DIV
style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; PADDING-LEFT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(a) Was unconscious
or asleep;</SPAN></DIV>
<DIV
style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; PADDING-LEFT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(b) Was not aware,
knowing, perceiving, or cognizant that the act occurred.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(7) Where she submits
under the belief that the person committing the act is her husband, and the
belief is induced by artifice, pretense or concealment practiced by the
accused, with intent to induce such belief.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt; TEXT-INDENT: 5.9%"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>(8) Where she submits
under the belief, instilled by the actor, that if she does not submit, the
actor will cause physical harm to some person in the future; or cause damage
to property; or engage in other conduct constituting a crime; or accuse any
person of a crime or cause criminal charges to be instituted against her; or
expose a secret or publicize an asserted fact, whether true or false,
tending to subject any person to hatred, contempt or ridicule.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>The provisions of subsections
(1) and (2) of this section shall not affect the age requirements in any
other provision of law, unless otherwise provided in any such law. Further,
for the purposes of subsection (2) of this section, in determining whether
the perpetrator is three (3) years or more older than the female, the
difference in age shall be measured from the date of birth of the
perpetrator to the date of birth of the female.</SPAN></DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt"><SPAN
style="FONT-FAMILY: Courier New" class=f11s></SPAN> </DIV>
<DIV style="TEXT-ALIGN: justify; LINE-HEIGHT: 12pt"><SPAN
style="FONT-FAMILY: Courier New" class=f11s>W.</SPAN></DIV></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=ckovis@turbonet.com href="mailto:ckovis@turbonet.com">Chuck
Kovis</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=thansen@moscow.com
href="mailto:thansen@moscow.com">Tom Hansen</A> ; <A
title=sunilramalingam@hotmail.com
href="mailto:sunilramalingam@hotmail.com">Sunil Ramalingam</A> ; <A
title=vision2020@moscow.com href="mailto:vision2020@moscow.com">vision
2020</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Monday, December 27, 2010 11:51
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Re: [Vision2020] Our
Wonderful Latah County Justice System</DIV>
<DIV><BR></DIV>So, Tom, if the "guy" was 18 and the girlfriend was 17, how
long should he <BR>be placed in prison for rape? Just curious.
Chuck Kovis<BR><BR><BR>----- Original Message ----- <BR>From: "Tom Hansen"
<<A href="mailto:thansen@moscow.com">thansen@moscow.com</A>><BR>To:
"Sunil Ramalingam" <<A
href="mailto:sunilramalingam@hotmail.com">sunilramalingam@hotmail.com</A>>;
"vision 2020" <BR><<A
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A>>; <<A
href="mailto:alford@dnews.com">alford@dnews.com</A>>; <<A
href="mailto:lrozen@dnews.com">lrozen@dnews.com</A>><BR>Sent: Monday,
December 27, 2010 11:35 AM<BR>Subject: Re: [Vision2020] Our Wonderful
Latah County Justice System<BR><BR><BR>> The guy has a criminal
history. Sunil, and he was convicted of rape for<BR>> God's
sake!!!!!!!!!!<BR>><BR>><BR>> Probation for
rape?????????????<BR>><BR>> Thank God he wasn't caught with
marijuana. We'd have to lock him up then,<BR>>
huh?<BR>><BR>> JEEEEEEEEEEEEEEEEEEEEEEEEEEESH!!!!!<BR>><BR>>
Tom Hansen<BR>> Moscow, Idaho<BR>><BR>> On Mon, December 27, 2010
10:40 am, Sunil Ramalingam wrote:<BR>>><BR>>> It seems to me
that if people are going to rail and shout, they should at<BR>>>
least make sure they report matters correctly. Hursh just came back from
<BR>>> a<BR>>> retained jurisdiction, which means he was in
the prison system and had to<BR>>> be recommended for probation
based upon his performance in the prison<BR>>> system
programming. On the Grand Theft charge he was sentenced to two
to<BR>>> seven years in the custody of the Idaho Department of
Corrections.<BR>>><BR>>> (Note to the Daily News: He is now on
probation, not parole. They are not<BR>>> interchangeable
terms.)<BR>>><BR>>> Having had clients go to prison after
convictions of rape or child<BR>>> molestation, I know it's
ignorance to argue that those crimes go<BR>>> unpunished in Latah
County. I understand that people have their agendas,<BR>>> but that
does not excuse falsehoods.<BR>>><BR>>>
Sunil<BR>>><BR>>>> Date: Mon, 27 Dec 2010 09:45:13
-0800<BR>>>> From: <A
href="mailto:thansen@moscow.com">thansen@moscow.com</A><BR>>>>
To: <A href="mailto:deco@moscow.com">deco@moscow.com</A>; <A
href="mailto:vision2020@moscow.com">vision2020@moscow.com</A>; <A
href="mailto:alford@dnews.com">alford@dnews.com</A>;<BR>>>> <A
href="mailto:lrozen@dnews.com">lrozen@dnews.com</A><BR>>>>
Subject: Re: [Vision2020] Our Wonderful Latah County Justice
System<BR>>>><BR>>>> A THREE HUNDRED AND FIVE DOLLR
fine!!?!?!?<BR>>>><BR>>>> At Christmas
time?<BR>>>><BR>>>> Now, there's a couple taverns
that'll just have to go without this<BR>>>>
season,<BR>>>> huh?<BR>>>><BR>>>> Any guesses
who the judge was?<BR>>>><BR>>>> Welcome to Latah County
. . .<BR>>>><BR>>>> Where RAPE and PEDOPHILIA rank
supreme!<BR>>>><BR>>>> Seeya round town.
Moscow.<BR>>>><BR>>>> Tom Hansen<BR>>>>
Moscosw,
Idaho<BR>>>><BR>>>><BR>>>><BR>>>><BR>>>>
On Mon, December 27, 2010 9:12 am, Art Deco wrote:<BR>>>> >
The following appeared in the Daily News Public Records section
on<BR>>>> > Saturday:<BR>>>> ><BR>>>>
> Sentencings<BR>>>> ><BR>>>> > Monday --
Hunter Marsh Hursh, 21, of Moscow was convicted of rape.
He<BR>>>> was<BR>>>> > fined $305 and sentenced to
five years of probation and 30 days of<BR>>>> > discretionary
jail time, and he cannot contact the victim for five<BR>>>>
years.<BR>>>> ><BR>>>> > Missing from this report
is the fact that Hursh (with an extensive<BR>>>> > criminal
history) also received a withheld judgment for this rape.<BR>>>>
><BR>>>> ><BR>>>> > WTF?<BR>>>>
><BR>>>> > A $305 fine and 30 days discretionary jail time?
And a withheld<BR>>>> judgment?<BR>>>> > For
rape? A felony?<BR>>>> ><BR>>>> > Hursh is
no stranger to the criminal justice system. And since
the<BR>>>> crime<BR>>>> > of rape [04-28-2009], he
has been convicted of other crimes for which<BR>>>>
he<BR>>>> > also received probation. Hursh will soon, if
not now, be out in our<BR>>>> > community, free to pursue his
habitual ways. Who will be his next<BR>>>> >
victims? Is this what we want to happen in our community? Do
we not<BR>>>> care<BR>>>> > enough about each other
to take some time and effort to prevent this<BR>>>>
kind<BR>>>> > of public endangering infamy by the prosecutor
and court?<BR>>>> ><BR>>>> ><BR>>>> >
Read Hursh's criminal history and the bumblings of the prosecutor
and<BR>>>> > judges here (Have a barf bag at the
ready!):<BR>>>> > <A
href="https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin">https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin</A><BR>>>>
><BR>>>> > Also you can do a search in the online Daily
News [sorted by date] for<BR>>>> > more
information.<BR>>>> ><BR>>>> ><BR>>>>
> What's going on in Latah County?<BR>>>> ><BR>>>>
> Besides inept, public disinterested prosecution and lazy,
soft-headed<BR>>>> > judges, where is the intensive media
attention that allows this kind<BR>>>> of<BR>>>> >
outrage to escape public attention?<BR>>>> ><BR>>>>
> Is the Daily News deliberately shielding the horrible ineptitude
of<BR>>>> the<BR>>>> > prosecutor's office and the
lack of judgment of certain judges, or is<BR>>>>
the<BR>>>> > Daily News also practitioners of lassitude and
ineptitude? How can<BR>>>> the<BR>>>> > public
respond to this continued kind of ineptness and poor
judgment<BR>>>> in<BR>>>> > the criminal justice
system if the media does not cover and comment<BR>>>>
upon<BR>>>> > it? Without competent reporting and
comment are we doomed to continue<BR>>>> to<BR>>>> >
experience these kinds of outrages ad nauseam?<BR>>>>
><BR>>>> > And without intensive media coverage where is
the general deterrence<BR>>>> that<BR>>>> > is
allegedly part of the goals of criminal sentencing? How do
law<BR>>>> > enforcement personnel feel when they spend much
time and effort<BR>>>> working up<BR>>>> > a case
only to find it handled in such a horrendously nonchalant<BR>>>>
manner by<BR>>>> > the prosecutor and the courts? Over
the long term wouldn't this kind<BR>>>> of<BR>>>> >
event be likely to demotivate law enforcement?<BR>>>>
><BR>>>> > We need competent, public interest motivated
reporting, and we need to<BR>>>> > somehow motivate the
prosecutor and court to serve the public interest<BR>>>>
or<BR>>>> > change the inept and lazy out, by recall if
necessary.<BR>>>> ><BR>>>> > And if the local
media are not willing to act responsibly, perhaps it<BR>>>>
is<BR>>>> > time to start talking to their advertising clients
who bear some<BR>>>> > responsibility for supporting this
fifth-rate media arrogance and<BR>>>> careless<BR>>>>
> ineptitude about serious crimes taking place and adversely
effecting<BR>>>> > member of our community.<BR>>>>
><BR>>>> ><BR>>>> > Wayne A.
Fox<BR>>>> > 1009 Karen Lane<BR>>>> > PO Box
9421<BR>>>> > Moscow, ID 83843<BR>>>>
><BR>>>> > <A
href="mailto:waf@moscow.com">waf@moscow.com</A><BR>>>> > 208
882-7975<BR>>>> >
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sails."<BR>>>><BR>>>> -
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