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quote:
Originally posted by KathyH
quote:
Originally posted by Kelena
I would not have allowed a plea bargain in the case of an alleged perpetrator with a 4th DUI who hits and kills a person and drags the body under his van for blocks. Recidivists who commit gross vehicular manslaughter would be prosecuted, under my purview, to the fullest extent of the law.
This was a horrible heinous offense, I agree, you have your facts wrong there, Kelena.
Check Mr. Roth's post. The defendant had never had a prior DUI. Not a 4th DUI, and not a recidivist. First offense. Ten years. (Personally wish he could have gotten life.).
Of course you are welcome to support or not support, but it seems what robguz stated in error is getting perpetuated after Mr. Roth made the correction.
My apologies for stating this was his 4th DUI. That was the info I was given when it first happened. It may have been DUI arrests, which of course is not the same. The thing is, because of this plea bargain, the guy STILL has no DUI conviction despite being at more than triple the legal BAC limit when he was tested.
It is crazy they wouldn't take this to trial. Maybe free up some of the prosecutors wasting time on pot laws and assign them to more severe crimes? Whoever says they will do that has my vote!
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Thank you all for these comments, and hope Mr. Roth feels better soon. As we await his response to the specific case Mr. Carr and I are asking about, these are some of the factors I had to consider re: Prosecutor's office position...
The case the Prosecutor gets is only as good as the evidence they obtain from the police investigation. What can the Prosecutor do to assist the police department in the investigation stage? Too many cases are not charged nor prosecuted due to lack of evidence. The disconnect between the Prosecutor's office and the Police Department is a challenge that needs addressing.
Plea deals are an obvious necessity. My question in that regard is: What can the Prosecutor do to make sure the plea deal is served in it's entirety, and that the deal is, at the very least, "a punishment", not a sentence that is served when the criminal's schedule permits (fire capt. case...again.)? Firmly believe plea deals need more substance based on the crime committed.
As to "community service", who decides what the ultimate punishment is, and how do we address the perceived "slap on the wrist" outcome of some cases? Real community service should include assignments like: scrubbing toilets at the parks, picking up trash along the roadways, cleaning our beaches of debris, mopping the floors of our public schools, etc., or at least something worthwhile.
As a side question, how does one get bail for $50K for fighting outside a bar and someone dies, bails out, then intimidates a witness by beating him and gets $71K bail for kidnapping, etc. in the beating case? Perplexing (and very disturbing). ETA: Now being held without bail (per Hawaii Tribune Herald this morning)
In closing, one thing I have had to keep in mind as we go through this process of electing a new Prosecutor: In this small County, and State, I can't expect one person in one position to be held responsible for the egregious actions of other departments (and their personnel) that affect not only public safety, but the cases that ultimately are submitted to the Prosecutor's office. How does one overcome the "who knows who" and "who is related to who" syndrome that is prevalent, in order to make certain justice is served? Tall order, huh? (Apologies)
Mahalo for allowing me to share my thoughts. All the above in my opinion only.
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Yes, I stand corrected and apologize. I did not independently investigate the facts of the case. It is not unusual for a person with no prior convictions to be granted some form of leniency, even when an accident involves the death of another person. We want justice, but we also don't want to throw away another life, especially when that life is spent in service to the public. It is sometimes a difficult balance. One thing I have noticed is that we sometimes gin up the outrage machine a little too quickly when we don't know all of the facts, and I am guilty of that. I'll be more careful in the future. I believe we are entitled to know more about the prosecutorial decision in this case, though. Were there previous arrests for DUI, that were not charged.
Regarding plea bargains, these are a necessary evil. My focus, of course, would be on violent crimes, and rampant non-violent crimes, such as burglary. I would also focus on meth, which ruins lives and which is the cause of much crime.
I agree with opihikao that it is a lot to expect one person, including Mr. Roth, to change the entire justice system. And if you incarcerate every single person convicted of a crime, be prepared to pay the price for that.
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I think some clarification is necessary. Robguz and I were referring to two entirely different cases. Mr. Roth responded to the case robguz mentioned. The very different case which I asked about, and Mr. Roth has yet to address, was the case of a fire captain who killed a person while DUI, left the scene, lied about who was driving his truck, and eventually received a plea bargain in which he is to serve a light (90 days, IIRC) sentence on weekends.
Mr. Roth said he needed time to research the facts of this case and then was reported to be ill. At some point my question needs to be answered.
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This is the case Mr. Carr, myself, and maybe others, are awaiting a response to: (*Snipped-More at link)
Mossman was sentenced February 23 by Third Circuit Court Judge Greg Nakamura to serve a year in jail, with all but 90 days taken under advisement. Mossman will serve 90 days in jail on weekends, serve 10 years probation, and pay $125,000 in restitution to the family of Dale Kanani Tim Sing.
Tim Sing was struck and killed the evening of August 4, 2005, while walking on East Kahaopea Street in Panaewa. Mossman waited untl the following morning to report the accident to police, and initially said that his wife, Huihui Kanahele-Mossman, was driving the Ford F-250 pickup truck. Mossman ultimately pleaded no contest to leaving the scene of an accident causing death or serious bodily injury. The felony charge carried a possible 10-year prison sentence.
http://www.bigislandnewscenter.com/fire-...-fatality/
Mr. Dammerville also addressed the concerns on Big Island Chronicle, article dated 1/13/2011. My concern in this whole matter is not only in why the light sentence, but more important, what is going to be changed to avoid this perception of injustice? Does it set a precedent? Is this going to become the norm?
The public outrage may be lessened at this point, however, it is a case that will forever be a complete travesty in my opinion. I trust changes will be made from the initial call to the investigation of the scene, and every step up to, and including the judge assigned to each case.
This one is so disgusting, and is a poor example of the good work the Prosecutor's office has done and continues to do. I gather they can only work with what they are given as evidence, and worse, a budget. Mr. Dammerville's response in the BIC article was quite disturbing on many levels, not as a person, just his professional opinion, given what he had to work with on this specific case.
Again, all my opinion only.
I completely agree about that case being very disturbing.
But I also think it is not quite fair to ask a candidate to comment on the way his colleague handled a case, in a department where the candidate still works. It's basically the same as asking him to shred his boss in public in order to get your approval.
Mr. Roth handled the Ted Braxton case, so it was appropriate to ask him to discuss his decisions in that prosecution.
JMHO. If he feels he can comment on it fine.
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Well, it sounds like we should have Mitch over to a Punawebber's house so that we can get to know him better. In the meantime, I do think these principles pertain: 1) Plea bargains are an essential part of the justice system, everywhere and not just in Hawaii County. They are entered into for a number of reasons. If we reduce plea bargains, we must pay more to house prisoners. 2) A plea bargain is usually not appropriate where the crime shocks the senses and the evidence is great, even if there has been no prior conviction. If there has been a prior conviction, it would be doubly inappropriate.
It looks like we all need to get our facts straight though (me included) before drawing any conclusions about a candidate. We also need to have a better idea of who all is running. As I just got here, I have not idea about that.
I think we need a candidates forum of some kind. And this isn't it.
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quote:
Originally posted by KathyH
I completely agree about that case being very disturbing.
But I also think it is not quite fair to ask a candidate to comment on the way his colleague handled a case, in a department where the candidate still works. It's basically the same as asking him to shred his boss in public in order to get your approval.
Mr. Roth handled the Ted Braxton case, so it was appropriate to ask him to discuss his decisions in that prosecution.
JMHO. If he feels he can comment on it fine.
Kathy, Mr. Roth has chosen to run for the office of Prosecutor while still working there, and many of us believe that he needs to be prepared to comment on any and all aspects of how that office is run. We can't give one candidate a pass on some serious issues just because it might make his working environment uncomfortable. If his peers and/or his boss have let the public down, Mr. Roth needs to address it and describe remedies. He didn't mention any ethical or legal reason he can't comment, only that he needed more time.
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Forgive me for not being clear, Kathy. My purpose for using this case as an example for discussion is there are so many unanswered questions. The law, maybe a shoddy investigation, or other factors, allowed this injustice; not Mr. Damerville. My question to Mr. Roth is what changes can be made, as I need to support someone who will initiate solutions.
His response to this particular case would be of interest, not in rehashing the way it was handled and by whom. Mr. Damerville seemed to have done the best with what he had to work with. I want answers to how things will change given the circumstances and the outcome of this case.
I believe until the civil case is dealt with, we will hear none of the details (ie. witness statements, evidence, police report, etc.) until it becomes public record. Until then, only the Prosecutor's office knows the file (not necessarily all the facts), and knows what changes need to occur to improve the system.
Again, apologies for not being clear. As I vote, I want strong leaders who change the norm in the best interest of the public. Moreso in this position (Prosecutor's office) given our society today.
If using another case (or two) would be better, or perhaps only ask general questions would be more "fair" to the candidate, happy to participate. Unfortunately though, nothing is "fair" when a victim is denied justice in any case, on any day, at any time. I applaud Mr. Roth for agreeing to address the concern openly, and I await his response.
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Mitch was not in the loop on the "fire captain" case. I was and have typed two lengthy responses that have been knocked out twice for unknown reasons and the drafts have disappeared. New to this site. Sorry.
I would be happy, now that the case, and the related civil case are pau to discuss the specifics of that case and the related topics at length. The "fire captain" case had unique challenges in it that we can discuss.
It also had longstanding investigative deficiencies that are present in most negligent homicide investigations in this county that have nothing to do who the suspect is. Those include not assigning a prosecutor to the case immediately when a negligent homicide is suspected, the lack of a qualified accident reconstruction expert on island and ready to respond in a timely fashion when there is a traffic death and the lack of trained forensic criminalists to respond to the scene of traffic homicides.
In too many cases, we have to contract out to a Mainland expert who tries to deliver an opinion based on photographs and investigative reports that he did not take or write. Mitch has promised me at least that should he become the prosecutor those deficiencies will change.
Dale Cordero, the father of the victim Mr. Tim Sing told the Court that in his opinion the police investigation was really poor in this case. He thought it was poor because of some type of conspiracy. I agreed that the investigation was poor but I have seen others that were equally poor not because of some ulterior motive but because the resources have not been put where they need to be.
Regarding judges: We have the same two circuit court judge positions in Hilo that we have had for the last 30 years despite a huge growth in population in East Hawaii. That needs to change. Jurors put in 8 hours a day and sometimes hear less than 4 hours of testimony because those two judges have a ton of other things that have to be heard in the middle of trial. That needs to change. A 90 million dollar courthouse with the same two circuit court judge positions is outrageous and false progress of the worst sort and our elected officials share the responsibility. We can get a plastic bag ban. You would think we could address something more substantive.
You can have the hardest working police officers on the planet, and we have some, but if you do not give them the tools, you will not get the results that everyone wants.
Regarding marijuana prosecutions and criminal prosecutions in general:
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