January 25, 2010
Federal judge rejects plea with long sentencing recommendation because it is not long enoughThis New York Times article from late last week, which is headlined "Plea Rejected in Case of Hepatitis Infections," spotlights the role that victims can sometimes play in getting sentencing judges to reject plea deals even when they include significant terms of imprisonment. Here are the details:
Suggesting that 20 years in prison was not enough punishment for the crime, a federal judge on Friday rejected a plea agreement for a former hospital technician and drug user who admitted that she exposed hundreds of patients in her care to hepatitis C.
The judge, Robert E. Blackburn, said the agreement with the former hospital worker, Kristen D. Parker, inordinately restrained his discretion and did not take into account the views of victims, many of whom submitted anguished written statements. It is unusual, legal experts said, for a judge to reject a plea agreement.
Ms. Parker, 27, admitted to the police on videotape that while working at Rose Medical Center in Denver in 2008 and 2009, she stole pain-medication syringes from operating room trays, replacing them at times with needles she had already used to inject herself with heroin.
Seventeen Rose patients have so far been found to have a strain of hepatitis C linked through genetic sequencing to the strain in Ms. Parker’s blood, according to the Colorado Department of Public Health and Environment. Hepatitis C affects liver function and can have lifelong consequences.
Ms. Parker’s lawyer, Gregory C. Graf, said he had not consulted yet with his client but expected she would probably persist with her guilty plea, giving the judge discretion as to her sentence when the case reconvenes next month. Ms. Parker could also change her plea to not guilty and insist on a jury trial, or try to reach another plea agreement with prosecutors.
Judge Blackburn warned Ms. Parker in the brief hearing in Federal District Court, before a courtroom packed with former Rose patients and their families, that if she chose to continue with her guilty plea, the sentence could be stiffer. “I may dispose the case less favorably,” Judge Blackburn said....
A lawyer representing 13 of the Rose hepatitis patients, Hollynd Hoskins, also specifically argued to Judge Blackburn that the United States attorney’s office was not adequately consulting with her clients as required by the [federal Crime] Victims Rights Act.
The United States attorney for Colorado, David M. Gaouette, in a statement on Friday, said, “The victim issues are vitally important in this case and we will continue to work closely with them to ensure their voices are heard.”
January 25, 2010 at 08:47 AM | Permalink
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"A lawyer representing 13 of the Rose hepatitis patients, Hollynd Hoskins, also specifically argued to Judge Blackburn that the United States attorney’s office was not adequately consulting with her clients as required by the [federal Crime] Victims Rights Act."
Of course, Bill will come trouncing in here once again to defend the indefensible....
Oh wait, the victims want a *longer* sentence? Well, this should be curious. Will his thirst for blood overcome his love for his fellow incompetents. Curious minds want to know.
Posted by: Daniel | Jan 25, 2010 11:43:15 AM
Is withdrawal of a guilty plea a very effective remedy in a case as high profile as this one where the tender of the guilty plea in the first place was so widely reported?
Posted by: ohwilleke | Jan 25, 2010 2:15:45 PM
Isn't the post-Booker world just grand? I mean with every judge his or her own compass for what's equitable - what could possibly go wrong?
Posted by: Ferris Bueller | Jan 25, 2010 3:56:02 PM
Posted by: Bill Otis | Jan 26, 2010 12:38:36 PM
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TROY DAVIS & MUMIA ABU-JAMAL PLEASE REMEMBER ~ JESUS CHRIST HIMSELF ALSO HAD 2 DEAL WITH ......
OUR U.S.CONGRESS HAS DOCUMENTED OUR UNJUST AMERICAN JUDICIAL SYSTEM AND WE STILL HAVE CERTAIN AMERICANS EVEN TODAY WANTING TO RUN THE RISK OF EXECUTING EVEN POSSIBLE INNOCENT CITIZENS RIGHT IN FRONT OF THE REST OF US IN THE NAME OF THEIR SO CALLED JUSTICE.
GOD DOES NOT HAVE MANDATE WITH U.S. SUPREME COURT 2 CONTINUE ALLOWING POSSIBLE WRONGFUL EXECUTIONS TO BE INFLICTED ON OUR AMERICAN POOR !!!
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THE NATIONAL CRIMINAL JUSTICE COMMISSION ACT OF 2009
The National Criminal Justice Commission Act of 2009 that I introduced in the Senate on March 26, 2009 will create a blue-ribbon commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom.
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Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society. America's criminal justice system has deteriorated to the point that it is a national disgrace. Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous.
We are wasting billions of dollars and diminishing millions of lives. We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. MATERIALS & RESOURCES Read the legislation, S. 714 Fact sheet on the legislation Senator Webb's floor speech introducing the legislation PARADE Magazine cover story, "What's Wrong with our Prisons?" Senator Jim Webb,
Sunday March 29, 2009 The scope of the problem: relevant charts and graphs List of Support for the National Criminal Justice Commission Act Of 2009 Opening Statement of Sen. Webb at Judiciary Subcommittee Hearing on National Criminal Justice Commission Act, June 11, 2009 Watch Senator Webb's Floor Speech Introducing the Legislation, March 26, 2009 Senator Webb's article on the Huffington Post, "Why We Must Reform Our Criminal Justice System" MATERIALS FROM PAST HEARINGS, SYMPOSIUMS Joint Economic Committee Hearing, conducted by Senator Webb, "Mass Incarceration in the United States: At What Cost?" October 2007 Joint Economic Committee Hearing, conducted by Senator Webb, "Illegal Drugs: Economic Impact, Societal Costs, and Policy Responses,"
June 2008 George Mason University Symposium, hosted by Senator Webb and the GMU Administration of Justice Department, "Drugs in America: Trafficking, Policy and Sentencing," October 2008 Senator Webb's Keynote Address to the Brookings Institution's Policy Roundtable on the Challenges to Prisoner Re-entry, December 2008 NEWS ARTICLES & COMMENTARY Virginian Pilot editorial: "Time to reconsider U.S. justice system," April 6, 2009 Fredericksburg Free-Lance Star: "Behind-bars review," April 5, 2009 The Washington Post Writers Group: "Webb Leads the Charge for Much-Needed Drug, Prison Reform," April 5, 2009 Economist: "A Nation of Jailbirds," April 2, 2009 Daily Press: "Go After the Real Problem," March 31, 2009 New York Times: "Reviewing Criminal Justice," March 30, 2009 Lynchburg News & Advance: "Webb Takes on Politics' Third Rail: Prison Reform," March 29, 2009 Salon.com: "Jim Webb's courage v. the "pragmatism" excuse for politicians," March 28, 2009 The Virginian Pilot Editorial:
"Time to Rethink Goals of Prison," January 5, 2009 Roanoke Times Editorial: "The Criminal Justice System Needs Help," January 5, 2009 Las Vegas Sun Editorial: "Voice for Broken Prisons," January 3, 2009 U.S. News & World Report: "James Webb Shows Leadership Regarding Prison Reform," January 2, 2009 New York Times Editorial: "Sen. Webb's Call for Prison Reform," January 1, 2009 Washington Post: "Webb Sets His Sights On Prison Reform," December 29, 2008 Daily Press: "Alternative to Jail for Addicts Gains New Supporter," December 28, 2008 The Virginian Pilot: "Senator Elevates Debate on Failed Drug, Prison Policies," October 18, 2008 The Roanoke Times Editorial: "A Sensible Call for Sentencing Reform," October 13, 2008 Washington Post Op-Ed: "Two Separate Societies: One in Prison, One Not," April 15, 2008
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LAWYERS FOR POOR AMERICANS HAS COMPLETE FAITH THAT SUPREME COURT JUSTICE JOHN ROBERTS IS THE RIGHT MAN IN THE RIGHT PLACE AT THE RIGHT TIME FOR JUSTICE TO PREVAIL FOR ALL AMERICANS !
Posted by: LAWYERS FOR POOR AMERICANS | Feb 24, 2010 6:25:48 PM