WEEKEND UPDATE: Coming Tuesday: Is the REGJB and surrounding area "still gritty" as an article announcing an earth shaking bit of news has claimed? Check it out this Tuesday on your favourite award winning Miami Legal blog.
"If we manage to live a good life well, we create something more. We write a subscript to our mortality. We make our lives tiny diamonds in the cosmic sands."
Professor Ronald Dworkin of NYU law school and the University College of London died Thursday at the age of 81. Professor Dworkin was a philosopher and professor of law and wrote about the importance of integrity and morality in law.
You should read his book "Justice for Hedgehogs."
REQUIEM FOR RILYA WLSON
Calling her acts against an innocent child "inherently evil" Judge Marisa Tinkler-Mendez earlier this week on Tuesday sentenced 67 year old Geralyn Graham to a total of 55 years: 30 years for kidnapping followed consecutively by twenty five years for aggravated child abuse.
Thus ends the tragic tale of a young girl who never really had a chance at life.
50 comments:
Hate these kind of shitty cases. Nobody knows for sure what happened, prosecution relies on scum witnesses, public is angry . Bad mojo
There are some cases where you don't need a body to get a conviction. This was probably one of those cases. Now that a jury has said guilty, I can feel comfortable saying that I feel really bad for that poor kid.
If Tinkler-Mendez feels that Geralyn Graham is "Inherently evil" what is Casey Anthony who's child's was missing and body was found a few miles away from her house, taped up, and found not guilty ?
Let me guess, it's me right I know...
Rump,
I have a recommendation for you as well although I presume there is a good chance that you have already read this book, it is very similar in subject matter, the title is "The Theory of Justice".
Justice was done, the Tink gave her the right amount of time. It will keep her in forever without appearing vindictive.
The moral of this story is that all our kids in foster care lose. The child welfare system in this State sucks, just ask Judges like Lederman and Cohen who actually ask to sit over there and do the real work.
RIP Rilya, you as a child, deserved way better. We are all a little guilty in this one.
559............you couldn't say you felt badly for the child before the verdict? I don't get that.
BTDT
I agree with UAM. I prefer Rawls to Dworkin.
THE CAPTAIN REPORTS:
BTDT. I said exactly the same thing to myself when I read that. Made no sense at all.
UAM, to answer your question: probably a cold blooded human being who got away with murder. Kind of like, OJ.
But if you have a beef in that case, take it up with the jury. I can't remember a case in recent years where a jury could have had more public pressure to convict someone, and still followed the Judge's jury instructions, and the law.
Cap Out .....
Cap,
You mean more like Robert Blake....
Cap you don't need to plant evidence to convict a guilty man sir, blame Furhman for screwing that up.
Anyhow it is always evil, criminal, things of that nature some type of morally negative connotation associated in one case, and mental illness, temporary insanity,PTSD, sympathy things of that aspect in another.
Why is there a double standard ?
Why does no one protest or hate Robert Blake who's wife was greased when he coincidentally was absent for 30 minutes and returned?
I voted for Tinkler_Mendez but now she has become "The Tink" as referenced, next time I'll be taking a close look at the voting slates that inconspicuously slides them into home base among voters.
No beef with the jurors, I'm proud of the holdout, it's that the disparity in connotations and view of defendants with similar crimes piques me.
~UAM~
The Wall Street Journal, with the headline: Racial Gap In Men's Sentencing Feb, 15 2013:
By JOE PALAZZOLO
Prison sentences of black men were nearly 20% longer than those of white men for similar crimes in recent years, an analysis by the U.S. Sentencing Commission found.
Law Blog
After 'Anonymous' Attack, Sentencing Body Seeks Blogger's Help
That racial gap has widened since the Supreme Court restored judicial discretion in sentencing in 2005, according to the Sentencing Commission's findings, which were submitted to Congress last month and released publicly this week.
In its report, the commission recommended that federal judges give sentencing guidelines more weight, and that appeals courts more closely scrutinize sentences that fall beyond them.
The commission, which is part of the judicial branch, was careful to avoid the implication of racism among federal judges, acknowledging that they "make sentencing decisions based on many legitimate considerations that are not or cannot be measured."
Still, the findings drew criticism from advocacy groups and researchers, who said the commission's focus on the very end of the criminal-justice process ignored possible bias at earlier stages, such as when a person is arrested and charged, or enters into a plea deal with prosecutors.
"They've only got data on this final slice of the process, but they are still missing crucial parts of the criminal-justice process," said Sonja Starr, a law professor at the University of Michigan, who has analyzed sentencing and arrest data and found no marked increase in racial disparity since 2005.
Douglas A. Berman, a law professor at the Ohio State University who studies sentencing, said, "It's not surprising that the commission that's in charge of both monitoring and amending the guidelines has a general affinity for the guidelines."
The Sentencing Commission didn't return requests for comment.
The Supreme Court, in the 2005 case U.S. v. Booker, struck down a 1984 law that required federal district judges to impose a sentence within the range of the federal sentencing guidelines, which are set by the commission.
The law was meant to alleviate the disparity in federal sentences, but critics say placing restrictions on judges can exacerbate the problem by rendering them powerless to deviate from guidelines and laws that are inherently biased. An often-cited example is a federal law that created steeper penalties for crack-cocaine offenses, which are committed by blacks more frequently than whites, than for powder-cocaine offenses. Congress reduced the disparity in 2010.
In the two years after the Booker ruling, sentences of blacks were on average 15.2% longer than the sentences of similarly situated whites, according to the Sentencing Commission report. Between December 2007 and September 2011, the most recent period covered in the report, sentences of black males were 19.5% longer than those for whites. The analysis also found that black males were 25% less likely than whites in the same period to receive a sentence below the guidelines' range.
The Sentencing Commission released a similar report in 2010. Researchers criticized its analysis for including sentences of probation, which they argued amplified the demographic differences.
In the new study, the Sentencing Commission conducted a separate analysis that excluded sentences of probation. It yielded the same pattern, but the racial disparity was less pronounced. Sentences of black males were 14.5% longer than whites, rather than nearly 20%.
Jeff Ulmer, a sociology professor at Pennsylvania State University, described the commission's latest report as an improvement but said it was "a long way from proving that [judicial discretion] has caused greater black-white federal sentencing disparity."
A version of this article appeared February 15, 2013, on page A3 in the U.S. edition of The Wall Street Journal, with the headline: Racial Gap In Men's Sentencing.
I agree with other posts that question 5:59's comment - really, 5:59, you needed the permission of a jury to feel sorry for a child that was born into poverty, who had no parents to love her, who was discarded by the state of Florida, and left to suffer at the hands of a monster? Go check yourself into a mental hospital.
UAM
You dont need a University study to tell those of us who practice in the Justice Building, that Black folks are treated unequally in the Criminal Justice System.
Afro-Americans make up 20% of Dade County , but go to any Felony Division and look at the calander, look in the box, its 75% Black.
1:59,
I know but you know we have people who are "Inherently Biased" that tend to think that this is a damn conspiracy.
Rump- A hip hop...hippy to hippy a hip hip a hopping a don't stop a rocking...
LOL. UAM, everyone knows there's a problem of racial disparity in sentencing. Despite your belief to the contrary, you're not telling us anything we don't already know. Most of us have spent the better part of our careers trying to address it. And, while the problem persists and we obviously have work to do, I think we've done a pretty good job closing the gap.
You'd get further if you'd stop attacking everyone and everything and be a little more constructive. It's more than ridiculous for someone who doesn't know us and the good work we've done to anonymously attack us as a bunch of ignorant white folks participating in some grand conspiracy against everyone else. You do that constantly. And that's why people don't take you seriously.
BTDT
1:59,
Correction, they're fully aware, but they oft digress, and hedge around the issue such as republicans do in response to common sense conversations.
The young gentleman about town this weekend has a special challenge to dress for the cold while maintaining that SoBe Miami Chic. So here are some tips from the man who wrote the play book:
I'd like to see you in some very fashionable thin line cords in traditional fall colors of brown and beige off set with a sharp black pullover sweater which can be taken off if the temps rise.
You can also go with a lighter sweater vest in fun colors like yellow or green or blue and wear it under a classy tweed sport coat.
The final touches before you hit Prime 110 or Joes or some of the foodie places along Lincoln Road is a Fedroa or an ascot or lets have some fun and wear both!
Imagine walking into the club and tossing your fedroa to the coat check gal and letting your ascot hang around your neck. With Frank and Sammy in tow, the Rat Pack is back in business.
Have fun and remember- it's better to look good than be good.
"Despite your belief to the contrary." What are you talking about? My point is there is a problem and who was attacked or even talking to you for that matter ?
Your getting desperate and their you go again with another incoherent post full of hate and disdain. You admit that their is a problem with racial disparity yet you say in the same breath you say "You attack us and as a bunch of ignorant white folks participating in some grand conspiracy against everyone else."
Well make up your mind either their is a problem of not, what was Jim Crow a conspiracy if so it was recognized by LBJ and voted into legislation, if hate crimes was a "conspiracy theory" it is law and recognized by congress. So I guess you admit there is a problem, yet you cant exactly bring yourself to fully recognize and address that problem. Call it what you want to call it, but please make sense when you present an argument. BTW look at ------->>>6:45 am Line 1 and you tell me what that is "That will keep her in for life without appear to be vindictive."
Is that not clear/ plain enough for you ?
What is disheartening is that I respected and held Tinkler-Mendez to a higher standard than to stoop the level of vindictiveness.
What is it that you could possibly say I have attacked no one and presented the hard facts
What say you ?
9:42, How about a cane with the outfit?
UAM: What should the appropriate sentence have been for the entrusted caregiver of a young child who was found by a jury to have committed horrible acts (kidnapping and aggravated child abuse)upon such child?
I hope everybody is appropriate stuffed full of candy from Valentines day and then went out Saturday night and did it again but of course had to add a dessert of chocolate cake or soufle because it isnt a real holiday unless you over eat.
We need to stop right now and proceed to an article 28 hearing Rump. The witness has rights.
Maybe he does have rights. But cigars hath charms that soothe the savage Shumie.
THE CAPTAIN REPORTS:
If you build it, they will come .....
Is there a better baseball related film than Field if Dreams ? I watched it again today for the umpteenth time, and I still shed a tear every time I watch the scene when Ray asks his father if they can play catch.
Cap Out .....
UAM, my post refers to your LONG history of attacking everyone and everything (including your use of racial slurs). There simply is no hate on my end, something you can't accept because your heart is filled with such disdain for those who do not agree with every word that comes out of your mouth.
As for the sentence, it was richly deserved and I can't believe you'd criticize it as overly vindictive.
Clear enough?
BTDT
The Natural
Rumpole, could you please spell Rilya's name correctly in your post?
Bang the Drum Slowly
Bull Durham.
Major League
UAM: What should the appropriate sentence have been for the entrusted caregiver of a young child who was found by a jury to have committed horrible acts (kidnapping and aggravated child abuse)upon such child? I too, would like to hear the answer to this one....
Are you kidding me? Best baseball movie ever is Bad News Bears.
We may disagree about the best baseball movie ever, but the greatest baseball PLAY ever occurred on April 25, 1976.
http://www.youtube.com/watch?v=vZzeEaBHUBM
BTDT
12:35pm, 7:55am
With all do respect, as it relates to that case, on the conviction of Geralyn Graham, the lesser included the Tinkler-Mendez should have just stuck the guidelines, she vindictively went well above the guidelines. I have witnessed many cases where the Judge chooses to make a downward departure where the state is asking for an upward departure on many occasions.
Since there was no physical or hard evidence in this case, who can really say what happened. So a more suitable sentence would have been along the bottom of the guidelines.
Further, think about this, even if Casey Anthony was convicted as unbelievable as she wasn't, Judge Perry would have sentenced her to 25yrs which still would have been less than Graham's sentence. That sentence was what a Judge should not entail in their character or court when sentencing, and often times do not against white defendants which is "vindictiveness".
It seems to be abundantly available when presiding in the cases of Blacks which is very disturbing.
Michael Matters is an excellent and passionate attorney, however he fell asleep during voir dire. There was a panel seated who was against him from the start if I seen it he seen it. Not Monday morning quarterbacking, felt this way as I watched the selections being made and the state's wheel,while practically unopposed, constructed into a rolling device.
Professional courtesy should be abandoned when it comes to your clients freedom. You have lawyers that do it and "attorneys" who do not.
Rumpole,
I know you that this may seem a little obscure, but did you catch the toast presented by Joe Biden at the inauguration when he stated, "I want to dedicate this toast to a man who always, I mean always, operates out of confidence never fear, and I'm talking about you Chuck", then everyone bellowed with laughter. I know you caught that, it signaled a very important message and made the hair stand up on my neck.
He sent a profound message to the President that some who are very educated yet they've been systematically trained to sit and roll over fetch and stay quiet, even when they should speak or act.
One vote for Field Of Dreams. I cry every time "Dad, wanna have a catch?"
UAM - do u have a freakin job or an education?? You did not sit in and watch the trial and therefore you are not familiar with ALL of the evidence. This heinous woman should be on her knees every single day thanking whatever higher power motivates her that Rilya's body was never found.
Upward departure? What the heall are you talking about UAM? When is the last time you saw the State ask for an upward departure?
You think we don't know what happened to Rilya because her body is missing? REALLY?!? You think she's alive and well and vacationing in Aruba or something?
I can't believe even you would advocate for the bottom of the guidelines in this case when you're not defense counsel.
BTDT
THE CAPTAIN REPORTS:
Rump .....
You see, we do agree on something and we even picked the same line of the movie!
BTDT .....
You missed my post of August 24, 2010 on this BLOG. That was election day and here is what I posted on the front page (with the video from YouTube):
It's been called the "greatest play in baseball" and voted as one of the top 100 moments in baseball history. It happened more than 34 years ago, on April 25, 1976, and it involved Rick Monday of the Chicago Cubs. And watching it may remind you why it's so very important to take advantage of the freedoms we all have and of our right to chose our elected officials in a free and democratic way.
Hundreds of thousands of young men and women have given their lives in defense of our country, your freedom, and everyone's right to vote. Last week, Rumpole ran a story on the 70th anniversary of one of Churchill's "finest" moments and it too reminded us how important it is to remember the sacrifices that others have made, for us and our freedom.
If you do nothing else on Tuesday, take a few minutes out of your busy lives, and go down to your local polling place and VOTE.
Cap Out ....
The Captain Reports:
UAM .....
Do you know what the bottom of the Guidelines were in the case?
Cap
Yes, 75% of the defendants in the jury boxes of REGJB are black, but I'm willing to bet that 75% of their victims are black.
I'd like to know what UAM thinks the TOP of the guidelines were in this case..........
BTDT
Why all the comments about the Sentencing Guidelines which have not existed in Florida since October 1, 1995 - over 17 years ago. Florida uses the Criminal Punishment Code which only sets a minimum sentence. The maximum sentence is always the statutory maximum and the sentence on each count may always be imposed consecutively.
People still "demand discovery" which also has not existed since the 1980's when the Rule was amended to a Notice to Participate in Discovery. This was done to prevent a co-defendant from not demanding discovery yet participating in depositions and sharing the discovery of another defendant. For over 20 years it is the participation in the discovery process that implicates the reciprocal obligation of discovery, not the demand for discovery.
UAM - please please please stick to those things about which you know what u r speaking (which isn't a ton from what I can see, except attempting to cause racial divide). DON'T U DARE make a mockery of this child's death by your pompous jerkiness and brainless, unfounded opinions. I am a white female successful attorney and have been called a racist b/4 and though I don't have to tell you or anyone else, I can and will proudly say that I have a black husband and mixed child. So F YOU and ur attempted trouble-making. Give this poor kid the respect that she deserves - ur a pig!
Cap,
787.01 827.03 775.082
I see where you're going, point is this case was vicious and politically influenced. Had Casey Anthony's case been handled likewise she would have gotten the lesser included I suppose.
Double standard, enough said.
UAM
BTDT,
Come on, you really think I'm that dunce, hunh? Now that's comical you should do stand up. Your stage name should be.
BTDT=Borntodominateandtormentbloggers
220-----EXACTLY. I was hoping UAM would tell us how the judge "departed upwards" for that exact reason.
I've been laughing ever since I read his ridiculous comment.
BTDT
Michelle Bachman,3:01, we know what you've been called before. Now what's this about a mixed baby, and a black husband, I didn't know Marcus was black.
Ann Coulter, ah I mean BTDT, vutz the madder with you hunh? Why aren't you over dere to thee Faux News, vorking, why are you here participating in this Hutzpah.
Oh brother 301, look here what about justice for Caylee Anthony. Where is your outrage for that. A child killer walks free among you and no outrage, if I'm a pig you have got to be a hypocritic imbecile.
And what's with the reference, anytime someone makes an announcement/disclaimer, they are what they say they aren't and besides what does that qualify you for NAACP membership. Give me a break with the BS okay.
BTDT, I'm starting to profile you as a drunk, you've surpassed weird.
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