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Wayne,<br><br>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.<br><br>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.<br><br>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.<br><br>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?<br><br>If so, are the laws that criminalize homosexuality or smoking weed equally sacred? <br><br>Sunil<br><br><hr id="stopSpelling">From: deco@moscow.com<br>To: vision2020@moscow.com<br>Date: Mon, 27 Dec 2010 16:48:37 -0800<br>CC: alford@dnews.com; lrozen@dnews.com<br>Subject: Re: [Vision2020] Our Wonderful Latah County Justice System<br><br>
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<div><font face="Verdana">Sunil writes:</font></div>
<div><font face="Verdana"></font> </div>
<div><font color="#0000ff">"Yes, Hursh has a misdemeanor. "</font></div>
<div> </div>
<div><font face="Verdana">How very dishonestly misleading!</font></div>
<div><font face="Verdana"></font> </div>
<div><font face="Verdana">
<div><a href="https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh,+Hunter+Martin" target="_blank">https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin</a><br></div>
<div>Count up the felonies.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>w.</div></font></div>
<div><font face="Verdana"></font> </div>
<blockquote style="border-left: 2px solid rgb(0, 0, 0); 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: none repeat scroll 0% 0% 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, December 27, 2010 4:00
PM</div>
<div style="font: 10pt arial;"><b>Subject:</b> Re: [Vision2020] Our Wonderful
Latah County Justice System</div>
<div><br></div>
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Tom,<br><br>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?<br><br>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.<br><br>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.<br><br>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.<br><br>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. <br><br>Sunil<br><br>> Date: Mon, 27 Dec 2010 12:09:37
-0800<br>> Subject: Re: [Vision2020] Our Wonderful Latah County Justice
System<br>> From: thansen@moscow.com<br>> To: ckovis@turbonet.com;
sunilramalingam@hotmail.com; vision2020@moscow.com<br>> <br>> At the age
of 17, it would be considered statutary rape.<br>> <br>> Some
jurisdictions, especially Latah County, will take into consideration<br>>
the relationship between the victim and the accused if there ages are
that<br>> close, BUT in ALL cases . . .<br>> <br>> No means
NO!<br>> <br>> We should also look at the history of the
accused.<br>> <br>>
------------------------------------------------<br>> <br>> Hunter
Martin Hursh<br>> <br>> September 19, 2009<br>> <br>> Convicted of
burglary, petit theft, and providing false information to an<br>>
officer<br>> <br>> Finding: Guilty<br>> Disposition date:
07/28/2010<br>> Fines/fees: $125.50<br>> Jail: 7 years<br>> Det
Penitentiary: 2 years<br>> Indet Penitentiary: 5 years<br>> <br>>
---------------<br>> <br>> 05/10/2009 I18-7001 {M} Property-Malicious
Injury to Property<br>> <br>> Finding: Guilty<br>> Disposition date:
10/13/2009<br>> Fines/fees: $188.00<br>> <br>>
------------------------------------------------<br>> <br>> And then
there's that inconvenient rape conviction.<br>> <br>> And he just turned
22.<br>> <br>> Seeya round town, Moscow.<br>> <br>> Tom
Hansen<br>> Moscow, Idaho<br>> <br>> <br>> <br>> <br>> On
Mon, December 27, 2010 11:51 am, Chuck Kovis wrote:<br>> > 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"
<thansen@moscow.com><br>> > To: "Sunil Ramalingam"
<sunilramalingam@hotmail.com>; "vision 2020"<br>> >
<vision2020@moscow.com>; <alford@dnews.com>;
<lrozen@dnews.com><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<br>> >> 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<br>> >>> at<br>> >>> least
make sure they report matters correctly. Hursh just came back<br>>
>>> from<br>> >>> a<br>> >>> retained
jurisdiction, which means he was in the prison system and had<br>>
>>> 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<br>> >>> 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<br>> >>>
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<br>> >>> agendas,<br>> >>> but
that does not excuse falsehoods.<br>> >>><br>> >>>
Sunil<br>> >>><br>> >>>> Date: Mon, 27 Dec 2010
09:45:13 -0800<br>> >>>> From: thansen@moscow.com<br>>
>>>> To: deco@moscow.com; vision2020@moscow.com;
alford@dnews.com;<br>> >>>> lrozen@dnews.com<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.<br>>
>>>> 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<br>> >>>> 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<br>> >>>> 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<br>> >>>> and<br>> >>>> > judges
here (Have a barf bag at the ready!):<br>> >>>> >
https://www.idcourts.us/repository/caseHistory.do?roaDetail=yes&schema=LATAH&county=Latah&partySeq=87230&displayName=Hursh%2C+Hunter+Martin<br>>
>>>> ><br>> >>>> > Also you can do a search
in the online Daily News [sorted by date]<br>> >>>> for<br>>
>>>> > more information.<br>> >>>> ><br>>
>>>> ><br>> >>>> > What's going on in Latah
County?<br>> >>>> ><br>> >>>> > Besides
inept, public disinterested prosecution and lazy,<br>> >>>>
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<br>> >>>> 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<br>> >>>>
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<br>> >>>>
kind<br>> >>>> of<br>> >>>> > event be likely
to demotivate law enforcement?<br>> >>>> ><br>>
>>>> > We need competent, public interest motivated reporting,
and we need<br>> >>>> to<br>> >>>> > somehow
motivate the prosecutor and court to serve the public<br>> >>>>
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<br>> >>>> 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>> >>>> >
waf@moscow.com<br>> >>>> > 208 882-7975<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>> >>>>
> =======================================================<br>>
>>>><br>> >>>><br>> >>>> "The
Pessimist complains about the wind, the Optimist expects it to<br>>
>>>> change<br>> >>>> and the Realist adjusts his
sails."<br>> >>>><br>> >>>> - Unknown<br>>
>>>><br>> >>>><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>> >>>>
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=======================================================<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>>
>>> =======================================================<br>>
>><br>> >><br>> >> "The Pessimist complains about the
wind, the Optimist expects it to<br>> >> change<br>> >> and
the Realist adjusts his sails."<br>> >><br>> >> -
Unknown<br>> >><br>> >><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>>
>> =======================================================<br>>
><br>> ><br>> <br>> <br>> "The Pessimist complains about the
wind, the Optimist expects it to change<br>> and the Realist adjusts his
sails."<br>> <br>> - Unknown<br>> <br>> <br>
<br><hr>
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