leniency

KABOOM! A Judge Bends Over Backward To Make Sure A Crooked Cop Keeps His Pension

/ Jack Marshall / 11 Comments

head_explodes

I don’t see how a justice system that allows this nonsense can maintain any credibility whatsoever. Thus my brains and skull fragments are scattered all over my office. Read on at the peril of a blown cranium.

James Romano is the police chief of Scott Township and a part-time police officer in Dickson City in  Lackawanna County, Pennsylvania. Last year, he was investigating sexual misconduct charges against a local high school teacher that he had filed himself. Romano began a romantic relationship with a woman whom he was interviewing as part of that investigation. In the process, he revealed confidential investigative information about the case ( he told her she was “his favorite victim”), and when he learned that she was going to be interviewed by authorities, Romano texted her a message saying “just remember nothing about me,” and later told her not to tell the truth to investigators. Roman was charged with two counts of intimidation of a witness or victim, and one count of obstructing administration of law or other governmental function.

Are you ready? Romano pleaded guilty and agreed to resign his post, but his lawyer persuaded Lackawanna County President Judge Thomas Munley to defer Romano’s sentencing until the state confirms that the former chief will receive his pension, a determination that may not be made until Mr. Romano turns 50, seven years from now.

KABOOM!

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The “Bernie” Sentence’s Message: The Lives Of Mean People Aren’t Worth As Much As Those Of Nice People

/ Jack Marshall / 27 Comments
Jack Black as Bernie, the nicest murderer you'd ever want to know.

Jack Black as Bernie, the nicest murderer you’d ever want to know.

“Bernie” is a quirky 2011 movie telling a strange and true story. Jack Black plays Bernie Tiede, an oddly cheery mortician who became a small town community favorite for his kind deeds and upbeat manner. Bernie even befriends the town pariah, a mean, rich old woman named Marjorie Nugent (played by Shirley Maclaine) whom he managed to reform–slightly–until she finally became even too much for him to bear, and in 1996 he shot her dead.

He was loved, she was hated, and the community (Carthage, Texas) rallied behind the murderer even though he hid his friend’s body in a freezer for nine months and spent about 2 million dollars of her money.  The pro-Bernie bias was so strong  prosecutors had to seek a change of venue, since no local jury would convict him. They got it, and a jury that knew neither charming Bernie nor his nasty victim found him guilty (because he was) and sent him to jail for life in 1997.

After the film was released, however, attorney Jodi Cole took up Tiede’s appeal. She discovered that he had a collection of books aimed at survivors of sexual abuse, and got Bernie to admit, for the first time, that he was abused as a child. Cole hired a psychiatrist who testified that Tiede’s abuse probably influenced the murder and his willingness to endure an abusive relationship with Nugent, until he finally snapped. This changed the mind of Panola County District Attorney Danny Buck Davidson, who told a judge Tuesday that he supported reducing the sentence to time served. State District Judge Diane DeVasto agreed. Bernie is now a free man, living in the apartment over the garage of the man who directed the film about him.
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Unethical Quote Of The Month: Judge Jeanine Howard (Who Is Also The Incompetent Elected Official Of The Month, An Ethics Dunce, And Pretty Much A Blight On The Justice System And American Society In General)

/ Jack Marshall / 8 Comments

judge Howard

“There are rape cases that deserve life. There are rape cases that deserve 20 years. Every now and then you have one of those that deserve probation. This is one of those and I stand by it.”

—-Texas District Judge Jeanine Howard explaining her stunningly lenient sentence of probation and community service—“250 hours of community service at a rape crisis center” !—for a confessed rapist of a 14-year old girl at her school.

The sentence  was not merely lenient but probably illegal, and a it seems likely that the sentence will be altered by another judge. Nonetheless, this kind of result, based on the judge’s assessment that the victim was promiscuous and had been pregnant (which she denies) will certainly make other rape victims think twice before they report the crime. Bobby Villareal, executive director of the Dallas Area Rape Crisis  Center, told reporters…

“This is an example of why people don’t come forward and report their sexual assaults because they are not only victimized at the time but the continuing game of shame and blame. They are put on trial again in the judiciary and the media. The things that were said were outrageous and some of them were actually untrue that were reported.”

Judge Howard seemed to be making up the law and sentencing guidelines on the fly. The rapist, 20-year old Sir Young, never denied that he had raped the girl, or that she hadn’t strenuously told him to stop. “Consent is not an issue and it wasn’t an issue because he admitted he didn’t have her consent,”  prosecutor Andrea Moseley said. “When consent is not an issue, a victim’s past is never appropriate for comment. That’s my problem with it as a woman and as a prosecutor. I was certainly disappointed in the message I think it sends to the community.”

The community can send a message back, as Judge Howard is up for re-election in the fall, but it won’t be easy. A Democrat, she is running unopposed. Continue reading →

The Maryland Supreme Court Clearly Doesn’t Believe In Signature Significance

/ Jack Marshall / 8 Comments

PeepingTom

But I do.

The Maryland Supreme Court just reinstated a Clayton W. Boulware, a Montgomery County attorney who had been suspended for six months after being convicted of covertly filming up the skirts of two women, one of whom was a minor, in a public place.  Boulware was suspended in September for six months with a three-year probationary period to follow the suspension.

In his defense, Boulware blamed his upskirt peeping on an “open relationship” with a younger woman, introducing him to a “swinging lifestyle” that included filming themselves having sex. But that relationship is over now, the court notes, so, hey, no problem.

The bar disciplinary board noted in its report to the court that it believed  a more lenient approach to punishing Boulware was called for because of those “mitigating circumstances.”  Lawyers are, as everyone knows, putty in the hands of swinging young women, and this always results in them shooting up other women’s skirts.

I feel like I am losing my mind. Continue reading →

Now THIS Is An Unethical Sentence!

/ Jack Marshall / 27 Comments
This time, it's the Judge who has "affluenza"...

This time, it’s the Judge who has “affluenza”…

He’s not a juvenile. He’s a middle-aged man, and a DuPont heir, living off of his trust fund. He’s also a child rapist, and the child he raped was his daughter, who was three.

Nonetheless, Delaware Judge Jan Jurden sentenced Robert H. Richards IV to treatment rather than jail.

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Jerry and Jared Remy, Parental Accountability, Hindsight Bias, and The Bad Seed

/ Jack Marshall / 26 Comments

This is a tragic local story with vast ethics significance.

Father and son.

Father and son.

Long-time Boston Red Sox broadcaster Jerry Remy, a native Bostonian and former player who has been a vivid part of the Boston sports scene since 1977, was stunned by tragedy last summer when his oldest son, Jared, 35, allegedly murdered his girlfriend by stabbing her to death as their  ive-year-old daughter looked on. Prior to the incident, most New Englanders were unaware of Jared Remy’s problems, but his ugly past soon found its way into the newspapers.

A recent Boston Globe investigative report appeared to be the saga of a “bad seed” right out of a horror movie, for Jared Remy, son the popular, affable Jerry, had been arrested, and released, 19 times, for an assortment of alleged crimes, many of them violent. They included battering and threatening a high school girlfriend; pushing a pregnant girlfriend out of a moving car; texting death threats to her, and attempting to beat her up; threatening to kill yet another girlfriend;  terrorizing a fourth sufficiently that police were called to their apartment eight times; and involvement in steroid peddling and abuse. The Globe also obtained the testimony of a woman who alleges that Jared joined her in brutally beating a high school boy, causing him permanent brain injuries.

The Globe story (and others) raised the question of how and why the Massachusetts justice system kept releasing Jared. It is a valid question, not peculiar to his case, unfortunately. Many have speculated that Jared’s  status as the son of popular Boston sports figure played a part in getting him extraordinary leniency, but as Remy’s lawyer pointed out, several of the incidents also involved complainants and alleged victims who refused to testify or withdrew their complaints. In the realm of domestic abuse, evidently Jared Remy’s specialty, this is too common. The Globe writer, Eric Moskowitz, also insinuated that the Remys went too far in supporting their disturbed, violent and troubled son, who had learning disabilities and other clinical behavioral problems. They apparently paid for psychiatric treatment, counseling and legal fees, and helped with his rent and other expenses, though the extent of this has not been confirmed by the Remys, the only ones who could be authoritative on the topic. The rest is hearsay.

Jerry Remy, who has battled depression his whole adult life, withdrew from his role as color commentator after his son’s arrest, missing the Red Sox championship run. Outside of a brief statement condemning his son’s actions and expressing condolences to the parents of the victim, Jennifer Martel, Remy was silent until announcing this Spring that he would try returning to the broadcast booth for the upcoming season. Then, as Spring Training for the Red Sox ran down and Remy seemed, outwardly at least, capable as ever of being an affable presence with whom to watch the home team’s exploits,  the Globe story appeared. The revelations about Jared unleashed an unexpected (by me, at least) backlash against his father, and Bostonians in droves bombarded the sports radio talk shows, blogs and news media websites with the opinion that Remy should step down as Red Sox color man for cable broadcasts. How they reached this ethically indefensible position is instructive regarding how inept and unskilled most people are in day-to-day ethical analysis, how emotion becomes a substitute for objectivity and logic,  how hindsight bias makes experts and judges out of individuals with the credentials of neither, and also how ignorant most of the public is about the ethical obligations and duties of the legal profession.

Here are the reasons being cited for why Jerry Remy should give up his career:

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KABOOM! Does Everyone Upset About The “Affluenza” Sentence Feel Better Now?

/ Jack Marshall / 19 Comments
Top: Morris. Bottom: Me.

Top: Morris. Bottom: Me.

Today we travel cross the pond for a head explosion-prompting episode. A charming young woman and mother named Loren Morris, now 21, began having sexual intercourse  with an 8-year-old boy five years ago, and continued for two years until he was ten years old, involving about 50 forced sexual acts.

The boy, now 14, was overheard bragging about his premature sex life at school, and that led to his molester’s arrest and trial. This week a judge today gave Morris a two-year prison sentence at Worcester Crown Court. She will be eligible for release on parole after only a year.

This case is relevant to a couple of recent Ethics Alarms controversies. Presumably Morris is being sentenced leniently on the basis of her horrific crime being committed while she was a juvenile, even though she is an adult now. As I asserted in the stateside case of the juvenile assault ripening into a murder, I think a juvenile whose crime is only discovered and proven after he or she enters adulthood should be tried and punished as an adult. Continue reading →

Ethics Dunce: Prosecutor Kit Bramblett

/ Jack Marshall / 13 Comments

Uh, Willie? The judge woul like you to put down the weed and sing.

In West Texas, Hudspeth County prosecutor has recommended an unusual set of penalties for country music legend Willie Nelson, who has been arrested for possession of marijuana as he has been many times in the past. County Attorney Kit Bramblett has recommended to the judge in the case that she allow Bramblett to drop possession charges if Nelson pleads guilty, pays a fine…

…. and sings “Blue Eyes Crying in the Rain” for in court.

His recommendation is ethically offensive on many levels, though it is probably not a violation of any Texas rule of legal ethics, for the Texas Rules of Professional Conduct does not directly address Ethics Dunces. However… Continue reading →

Ethics Dunce: The Ever So Tolerant Wisconsin Bar

/ Jack Marshall / 5 Comments

Hot on the heels of the story about the New Jersey lawyer who managed to avoid interruption to his legal career after admitting forgery, we have more disturbing evidence that a profession that insists on self-regulation may have a rather different concept than the public about what constitutes “fitness to practice law.”

The professional ethics rules in every state declare that substantial dishonesty and especially failure to obey the law call into question a lawyer’s trustworthiness and are grounds for suspension of disbarment. Many states automatically disbar any lawyer convicted of a felony. But in Wisconsin, a local newspaper investigative report reveals, there are 135 attorneys continuing to practice law despite convictions for battery, theft, fraud and repeat drunken driving. Some even had active licenses even as they served time behind bars, giving a new meaning to the term, “jail house lawyers.” Another 70 of Wisconsin’s  attorneys-in-good-standing managed to avoid discipline by getting charges reduced or entering into deferred prosecution agreements. Continue reading →