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April 26, 2013

Months before scheduled sentencing, lawyers buzzing about Jesse Jackson Jr.'s mental health

As highlighted in this story about a hearing in a high-profile federal case in DC, "prosecutors raised the prospect on Friday in court of having their experts examine former Rep. Jesse Jackson Jr. if his lawyers plan to raise his bipolar disorder as a mitigating factor in trying to reduce his prison sentence." Here is more:

U.S. District Court Judge Amy Berman Jackson made no decision after prosecutor Matt Graves said he wanted to “alert” her to the possible issue in advance of the sentencing July 1 of Jackson and his wife, former Ald. Sandi Jackson.  The two pled guilty in February to looting $750,000 from campaign funds for personal use.

Judge Jackson asked for the hearing because she is taking over the case after U.S. District Court Judge Robert Wilkins — who handled the pleas of the couple — withdrew without explanation from the case.

Graves said the government is “entitled” to have Jackson checked “by our own experts” if Jackson’s lawyers decide to argue Jackson’s mental health should be taken into consideration by the judge when she sentences him.

Defense attorney Reid Weingarten told Judge Jackson that the former congressman’s bipolar disorder is well known and “not controversial.”  Weingarten also said they do not intend to argue that Jackson’s “criminal activity” was caused by his mental illness.  The former congressman was hospitalized at Mayo Clinic last year for treatment of bipolar depression.

Judge Jackson — who consolidated two separate sentencing dates into one morning July 1 sentencing session for the couple — had nothing before her to rule on, since the defense lawyers have yet to show their hand.  The judge signaled that the former congressman’s mental state may be a factor for her, since she said she was required to consider “who he is as a person.”

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Comments

Would someone please tell me where I can go to contract a "disorder" that will result in my piling up three-quarters of a million bucks? And if I get the "disorder" four times, does that mean I collect a nice, even three million?

All these years, I've been looking for a "disorder" like that.

Thanks!

Posted by: Bill Otis | Apr 26, 2013 6:22:56 PM

Innovative defense arguments.

He should get double time credit for all time spent in a mental hospital.

Most people who have spent time in both, find jail much easier to endure.

2) He does not require incapacitation in prison, taking up the space meant for an illegal alien mass murderer, at cost to the taxpayer.

3) Sentence him to repay the amount taken, the taxes on it, the interest, the penalties. The taxpayer comes out ahead.

4) Require art appreciation classes. He has really "undeveloped" tastes, to put it kindly.

Posted by: Supremacy Claus | Apr 26, 2013 11:00:18 PM

"Weingarten also said they do not intend to argue that Jackson’s “criminal activity” was caused by his mental illness."

Posted by: Thinkaboutit | Apr 26, 2013 11:52:46 PM

Not arguing it as a cause is a far cry from saying they won't use it for attempting mitigation, and even in that latter case I would expect the prosecution to be able to examine him to see if he is faking the condition or even faking the degree to which he has it.

Posted by: Soronel Haetir | Apr 27, 2013 11:36:10 AM

Soronel --

Not that I buy for one minute that they're being straightforward when they say that they won't argue it as a cause. They know no one can or will hold them to it.

Posted by: Bill Otis | Apr 27, 2013 1:43:22 PM

Former Congressman Jessee Jackson, Jr. is likely to seek a downward departure at sentencing pursuant to U.S.S.G. section 5K2.13, "Diminished capacity", based on his long-standing bi-polar disorder.

Posted by: Jim Gormley | Apr 27, 2013 1:44:41 PM

"Would someone please tell me where I can go to contract a "disorder" that will result in my piling up three-quarters of a million bucks? And if I get the "disorder" four times, does that mean I collect a nice, even three million?

All these years, I've been looking for a "disorder" like that."

Bill, you don't have to go anywhere to get a disorder, just present your comments on this blog and your chronic self-denial will become self-evident (Just Kidding Please! I couldn't help myself.)

I do hope that being a member of the priviledged and political class, JJ Jr. gets (at least) the recommended guideline sentencing. The ONLY way to get changes in this world is for the laws and sentences to affect the priviledged.

That is why I don't have much respect for the political class. As bad s--t floats, this cream rises to the top because of their cowardice and pandering, not their wisdom and leadership.

Posted by: albeed | Apr 27, 2013 3:48:22 PM

It depens on us

Posted by: sted by: übersetzung | | Apr 28, 2013 1:02:51 PM

Dream Busters!
Some heretofore have manifested divisiveness, non-inclusiveness, hatred-ness,
racism-ness, and obvious homo-trans-undefined-bi-tri-phobic retributionism-ness!

Re: Jesse Jackson Jr., I for one shan't fail to heed the dreams of the father:

"In this country there are those who are dreamers, and those who are dream-busters....
[T]he dream busters:....
Three strikes [Law], a new jail industrial complex, locking up our youth [MY SON JESSE, Jr.]....
demagogues of racial and gender fears, division, hatred and violence....the violence of exclusion and marginalization....
suspicion and marginalization, antibilingual schemes, encroachment....the chilly winds
and viruses of fear and hostility let loose by the dream-busters...."

"This trail of abuses & moral contradictions has been unleashed like scud missiles
with the effect of bludgeoning the dreams of this generation....which makes it
illegal to consider gender or race as factors in opportunity....I would say in Spanish,
"-Si se puede!....," "Esta tierra es nuestra tierra....""--::J. Jackson, Sr.::, Jet, 9/15/97

Posted by: Adamakis | Apr 29, 2013 2:36:04 PM

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