« "Jury divided in Edwards corruption trial?" | Main | Local restrictions on sex offenders continue to grow and expand »

May 30, 2012

NJ prosecutors now say that Ravi should have received five years in webcam spying case

The New York Times has this fascination new report on some "post-game" (but in-court) comments by various players involved in the sentencing of Dharun Ravi, the former Rutgers student convicted of multiple crimes in the high-profile New Jersey webcam spying case.  The article is headlined "Judge Defends Sentence Imposed on Ex-Rutgers Student," and here are excerpts:

A judge on Wednesday offered a spirited defense of the sentence he imposed on Dharun Ravi, the former Rutgers University student convicted of using a webcam to spy on his roommate having sex with another man.  Mr. Ravi was convicted in March of all 15 charges against him, and sentenced last week to 30 days in jail, 300 hours of community service, three years’ probation and $10,000 to be paid to a fund that helps victims of bias crimes....

No matter how “unconscionable” Mr. Ravi’s conduct, Judge Glenn Berman said in a court hearing Wednesday, “I can’t find it in me to remand him to state prison that houses people convicted of offenses such as murder, armed robbery and rape. I don’t believe that that fits this case. I believe that he has to be punished, and he will be.”...

Prosecutors had been visibly angry when Judge Berman declared the sentence last week, and almost immediately appealed it, arguing that the convictions demanded more time behind bars.  But their memo before sentencing had not indicated how much time they wanted Mr. Ravi to serve, only that they did not believe he had to serve the maximum sentence of 10 years that was attached to the most serious charges, of bias intimidation.

On Wednesday, the lead prosecutor elaborated on that, telling Judge Berman that she thought a five-year sentence would have been appropriate.  The statutes governing bias crimes recommend 5 to 10 years in prison, but the presumption is of a seven-year sentence, and the law allows judges to depart from those guidelines if there are mitigating factors or if they believe a heavier sentence would be an injustice.

Mr. Ravi appeared in court to tell the judge that he would report to begin serving his sentence Thursday. That sentence has been on hold pending the appeal from the prosecution, and one from the defense, which has argued that it was denied evidence, including a suicide note, that could have helped Mr. Ravi at his trial.

While Mr. Ravi was not charged with causing Mr. Clementi’s suicide, many defenders argued that he was essentially — and unfairly — convicted of it.  Judge Berman received more than 100 letters and e-mails before sentencing, most of them arguing against a harsh punishment for Mr. Ravi. On Wednesday, he said that his in-box continued to fill up with complaints about the sentence he imposed.

He defended the sentence as the product of great consideration.  “It was anything but spontaneous,” he said.  Judge Berman noted that the punishment was harsher in some ways than what was recommended in a report by the corrections official who did the presentencing interview with Mr. Ravi.  That report recommended against any incarceration or fine.  It also recommended more extensive community service, and that Mr. Ravi tour schools to discuss his experience, and bias crimes.

But the judge, who last week lambasted Mr. Ravi for not once apologizing for what he had done, said he would not be an “appropriate” spokesman against bias, given that he had barely acknowledged any wrongdoing.  Mr. Ravi, 20, issued a statement late Tuesday to offer his first clear apology for his crimes, saying, “I accept responsibility for and regret my thoughtless, insensitive, immature, stupid and childish choices.”

While last week the judge reserved his harshest words for Mr. Ravi, on Wednesday he engaged in a tense exchange with Julia McClure, the first assistant prosecutor for Middlesex County, saying he would not comment on her appeal, but accusing her of “smirking” as he explained his reasoning for the sentencing.  Ms. McClure argued there were no mitigating factors against a harsher sentence for Mr. Ravi; the judge said if that were the case, then she should be recommending the standard seven years, not five.

In reaching his sentence, the judge said he started with the agreement the prosecution had made with Molly Wei, who had viewed the webcam with Mr. Ravi the first night he spied on Mr. Clementi and his boyfriend.  Ms. Wei was spared prosecution in an agreement to testify against Mr. Ravi, agreeing to three years’ probation and 300 hours of community service.

Believing that “consistency breeds fairness,” the judge said he gave Mr. Ravi community service and probation. “It wasn’t my deal; it was the state’s,” he said.  But because Mr. Ravi’s “involvement was more extensive,” he said, he had added to the sentence, ordering Mr. Ravi to undergo counseling in “alternate lifestyles.”  That phrase had angered gay rights advocates who believe it is derogatory; the judge said he took the language from the plea bargains the prosecution offered Mr. Ravi before he went to trial.

In addition, the judge said, because Mr. Ravi had been convicted of tampering with a witness (trying to get Ms. Wei to lie to the police) and with evidence (trying to cover up his Twitter and text messages) he sentenced him to 30 days in jail....

Over all, Judge Berman said the sentence “was fair, it was appropriate, and most of all, it was consistent.”  He argued that the legislature intended prison terms to be attached to bias crimes that were “assaultive or violent in nature,” not invasion of privacy.  “I also know his age,” Judge Berman added, calling it a mitigating factor.  “I believe justice compels me to deviate from the guidelines,” he said.  However, Judge Berman also said, “I admit that people can disagree with me.”

Recent related posts on Ravi case:

May 30, 2012 at 03:57 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e2016305fc72cf970d

Listed below are links to weblogs that reference NJ prosecutors now say that Ravi should have received five years in webcam spying case:

Comments

There is a moral duty to hide evidence from the thugs in the prosecution. These are rent seeking cult criminals. Nothing more than the Mafia coming around to demand payment. There is a moral duty to resist to the utmost.

These are vile feminist lawyers, and their male running dogs. They are deterring Nanny cams used to protect family members. This case is another attack by vile feminist lawyers on the American family, using a lawyer privileged homosexual. The homosexual is their ideal, because he will never form a family, the target of the feminist lawyer. The family of the homosexual is who he was afraid would discover his homosexuality, warranting a suicide. Put them on trial.

Posted by: Supremacy Claus | May 31, 2012 1:35:12 AM

Ken M. Frankel, P.A is the best in legal representation for your personal Injury Lawyer or traffic accident lawyer and from a firm that actually cares for you and your loved ones. We sincerely dedicate all our best efforts to you and your case. Ken Frankel cares enough to take the time to make your case his own personal business, visiting you at home or in the hospital. You can actually reach Ken Frankel by phone, because he cares to make your personal injury case priority number one. Visit http://www.frankel-injury-law.com/ for more about Ken M. Frankel.

Posted by: Ken M. Frankel | May 31, 2012 6:12:58 AM

Your generosity in sharing this information means so much. Thanks a million.

Posted by: High School Equivalency Testma | May 31, 2012 8:31:26 AM

Thank you Ken for your unsolicited services. I'll be sure to spread the word to avoid you at all costs.

Posted by: litigant | May 31, 2012 12:26:07 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB