tag:blogger.com,1999:blog-19039943.post811644315475770329..comments2024-03-29T08:14:13.708-04:00Comments on THE BLOG: PHIL DAVIS GETS 20 YEARSRumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger35125tag:blogger.com,1999:blog-19039943.post-27652951564955999712010-01-26T13:50:15.006-05:002010-01-26T13:50:15.006-05:00I have no sympathy for Phillip Davis. I liked and...I have no sympathy for Phillip Davis. I liked and respected him when he was a Judge however, his greed has brought him to the point where he currently is and this is what happens when you get too greedy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-77961100920264440032010-01-11T19:18:11.869-05:002010-01-11T19:18:11.869-05:00I agree, largely, with 1:58. This was a non-viole...I agree, largely, with 1:58. This was a non-violent theft of $86,000, committed by an educated and talented, but flawed, man, with the help of a (presumably) educated and talented, but flawed, woman.<br /><br />Would not a suitable probation — to harness that education and talent to repay the victim(s) and, at the same time, to perhaps reform the perpetrators — do justice here? <br /><br />Why place people who misbehave like this in cages? To what end? To drive a needle into the eye of Reason? Of Mercy? Of Hope that we can fairly mete out non-capital punishment?<br /><br />These sentences reveal more about us — judges stand for election and feel they must pay homage to the tough-on-crime one-upmanship demagogy that dominates public discourse about the criminal justice system — than the wrongdoers.<br /><br />Hard to believe, but just 140 years ago, when $5,275 equalled $86,000 today, Britain abolished debtors' prison. Look how far we've come in such a short time! <br /><br />Peace on earth. Good will toward men.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-86426875152015930942010-01-11T13:00:07.654-05:002010-01-11T13:00:07.654-05:00Pick 'em Paulie has been whacked because he di...Pick 'em Paulie has been whacked because he didn't pay up. Capice Rumpole?Three Fingers Vinnienoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-86768021759034721532010-01-11T10:48:11.664-05:002010-01-11T10:48:11.664-05:00J-E-T-S....how bout them Dolphins?....I'll tak...J-E-T-S....how bout them Dolphins?....I'll take a regular season sweep, painful as it WAS, and still do what we're doing in the playoffs anydayAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-1786130273114578292010-01-11T07:25:14.958-05:002010-01-11T07:25:14.958-05:00It is real hard to feel sorry for Phil but,20 year...It is real hard to feel sorry for Phil but,20 years is too much. He got that simply because he went to trial. What was the plea offer before trial? Probation? I am tired of judges blowing them away simply for going to trial.<br /><br />And, I like most, am no fan of Butchko. She is simply not nice.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-8000421139091472212010-01-11T01:58:31.129-05:002010-01-11T01:58:31.129-05:00On non-violent crimes a few things should be consi...On non-violent crimes a few things should be considered at sentencing:<br /><br />1. Did or will the defendant make a 100% restitution of all the money stolen, or at least 50% of the cash?<br /><br />2. If the answer to #1 is Yes the defendant should be given probation with a suspended sentence so that the victim can get all the stolen money back and the tax payers do not pay foot the bill of incarceration.<br /><br />3. If the defendant has no money and no assets and no way of paying the stolen money back then a good jail sentence is in order.<br /><br />In the Lou Pearlman $350 million(Orlando, FL) Ponzi scam the Federal Judge gave Pearlman over 30 years in prison and ordered that for every 1 million dollars Pearlan pays the victims in restitution the Judge would reduce his sentence by one month.<br /><br />Get the cash back for the victims!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-14929228303909615062010-01-10T22:47:08.051-05:002010-01-10T22:47:08.051-05:00Thieves are the worst people in the justice system...Thieves are the worst people in the justice system. If we are going to put anyone in a cell it should be a their. <br /><br />I can understand violence. Burglary and Robbery are just plain evil.<br /><br />Property criminals need prison time.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-33667930380909353232010-01-10T15:01:35.053-05:002010-01-10T15:01:35.053-05:00I have admitted that I do see your point BTDT. And...I have admitted that I do see your point BTDT. And Davis is the hardest poster boy for me to make my point with. I don't weep for him.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-50430562924131563262010-01-10T15:00:19.845-05:002010-01-10T15:00:19.845-05:00Goodbye Cheaters, Goodbye Cheater, Goodbye Cheater...Goodbye Cheaters, Goodbye Cheater, Goodbye Cheater- we love to see you go (and take that fancy pants pretty boy QB with you.)<br /><br />Good riddance.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-24836445141842923732010-01-10T09:36:52.282-05:002010-01-10T09:36:52.282-05:00Yes, Rump, I have considered what 20 years is. Da...Yes, Rump, I have considered what 20 years is. Davis deserved a lot more than that in his prior case, but our community (represented by the jury) gave him a second chance. Davis is con man, plain and simple. He would be just as effective in 10 years as he has been for the previous 20. It's time to put him behind bars, punish him for his decades of betrayal, and protect the community from further harm.<br /><br />BTDT<br /><br />PS----I agree with your points on prison overcrowding and join in the call to consider alternatives to jail and prison. I just don't believe Davis is the guy who deserves the additional chance(s).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-47398311564407588172010-01-10T09:33:20.336-05:002010-01-10T09:33:20.336-05:00butchko is in the right ball park on this one, may...butchko is in the right ball park on this one, maybe a few years to high but this is not like david miller locking up that woman for 30 years becuase of a traffic accident rumpole. that sentence involved one person making a bad decision on one day of an otherwise law abinding life whereas in davis it is clear that every single day this man woke up and was thinking of ways to screw over the tax payers and the poor people he was supposed to be helping. <br />the difference between these fraud offenses involving public figures and regular street crime cases is the issue of deterrence. judges can max out burglars all day long and word wont get out among the mostly drug addicted burglars to the point where they will say to themselves "hey the SA is serious about this crap i better find a new line of work". in contrast someone like davis, who knew the ins and outs of the system better than almost all criminals, is the type of criminal who probably was thinking "hey if i get caught its a few grand i'll probably get probation like every other white collar defendant who gets charged in state court". those similarly situated to davis (gov employees or people with access to public monies) are exactly the type of defendants who are smart enough to be deterred when they see a sentence like this.<br />i am a former asa and while i think that 10-15 years might have sent the same message i dont think that this sentence was way out of line. <br /><br />and i give butchko credit for having the balls to hand out a serious sentence and not think "oh no i might lose the african american vote over this" like so many other judges do.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-28132788191518034552010-01-10T09:06:13.410-05:002010-01-10T09:06:13.410-05:00All of the points in FAVOR of the 20 year sentence...All of the points in FAVOR of the 20 year sentence are mostly well thought out and persuasive. <br /><br />Here is what I am saying: The man deserves prison. The man deserves a lengthy prison sentence. <br /><br />Have any of you truly considered what 20 years is? <br /><br />If Davis went to prison for this in 1999, would getting out last year have been sufficient, followed by 10 years probation? Think of all that has happened in our collective lives over this last decade and in your personal life? <br /><br />10 years followed by 10 years probation is sufficient punishment. <br /><br />As to Davis betraying "his people"- respectfully, that is racist. Just because Davis is black does not mean all afro-americans are his people. Did Roy Gelber betray his people (jews) or Sepe (Italians) No. Each of them betrayed the public who elected them, themselves, and their families and that's it.<br /><br />It's time to stop "marveling" at the accomplishments of a black man because he's black. We don't marvel at the accomplishments of a man of Dutch heritage because he's Dutch. <br /><br />I once had the opportunity to introduce Clifton R Wharton, Jr. at a function (Rumpole hint if you Google it enough) and Mr. Wharton said this in the late 1970's: <br />"I am a man first, an American second, and a black man third."Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-20238386989690145192010-01-10T07:13:28.496-05:002010-01-10T07:13:28.496-05:00Rumpole, an ex-Judge is still a Judge in the publ...Rumpole, an ex-Judge is still a Judge in the public's eye. David betrayed his people TWICE. The poorest most needy people, TWICE. Butchko was dead on on this one.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-29905176006644646842010-01-10T00:00:25.124-05:002010-01-10T00:00:25.124-05:00Factor into the mix the unstated fact that Davis a...Factor into the mix the unstated fact that Davis and Headley ran diversionary and other programs designed to give defendants additionally chances and rehabilitate them and 20 seems quite reasonable given all of the previously stated factors.<br /><br />BTDT<br /><br />PS----Rump, while you may be correct that Davis' actions do not reflect on the judiciary as strongly as the professor argues they do (since Davis already was a disgraced former judge), his actions, as a diversion/probation/monitoring "official" reflect on the system as a whole. I have zero sympathy for him. He's shown no remorse, took advantage of a State Attorney who gave him an additional chance despite significant criticism from within and outside the office, stole from offenders and taxpayers and made the community a little less safe. He had more chances than most anyone else and look what he did. Twenty is a more than fair.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-11615033675528638832010-01-09T21:09:48.905-05:002010-01-09T21:09:48.905-05:00The "Trial Tax." Was there an offer? W...The "Trial Tax." Was there an offer? What was it? Was the offer unreasonable? Or did Phil just want to roll 'em. Was he just hopin' a Miami jury wouldn't convict him. It appears he suffered from "P. O. D., Previously Acquitted Disease." If the offer was 5 it sure looks pretty good now, eh?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-47698344699204380242010-01-09T20:30:41.438-05:002010-01-09T20:30:41.438-05:00Fool me once, shame on you.
Fool me twice, shame o...Fool me once, shame on you.<br />Fool me twice, shame on me.<br /><br />(The famous expression)<br /><br />Fool me once, shame on you.<br />Fool me twice, shame on you.<br /><br />(Rep. Virginia Foxx, R-NC)<br /><br />Fool me once, shame on you.<br />(Awkward pause.) Fool me — you can't get fooled again.<br /><br />(President G.W. Bush)<br /><br />Rep. Foxx would contend he's being locked up out of shame. And also Dubbya may have the answer. Davis is being locked away so that "he can't get fooled again."<br /><br />Makes sense in a RNC kind of way. I'd bet 100 Michael Steele's on it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-64243678483762648072010-01-09T20:10:03.810-05:002010-01-09T20:10:03.810-05:00This man made a life out of scheming taxpayers, he...This man made a life out of scheming taxpayers, he is akin to a career criminal and was punished as such. His accomplice was exposed to a far greater penalty than she received and she was sentenced in accord with her role in the case. Nonetheless she also earned her punishment for defrauding taxpayers.<br /><br />Well done Judge Butchko.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-62163494673514588562010-01-09T19:43:09.189-05:002010-01-09T19:43:09.189-05:00Lets lock in a winning Saturday. Eagles +4 , 400. ...Lets lock in a winning Saturday. Eagles +4 , 400. <br />over 45 100.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-26757576201485184382010-01-09T19:38:31.699-05:002010-01-09T19:38:31.699-05:00Rumpole,
Thank you for your considered response. ...Rumpole,<br /><br />Thank you for your considered response. Let me first note that I disagree with attempting to distinguish this situation on the basis that Davis was no longer a judge. Wouldn't an average member of the community say "wow, I can't believe we elected someone who would do that. I bet we've elected others that have/ would do the same thing and that they're current judges"? That thought process thus undermines public confidence in the judiciary. <br /><br />Second, whether a judge is still a member of the bench would do nothing to impact the possibility that a sitting judge might give a more lenient sentence to "one of their own." Thus, the sentencing judge here demonstrated to the public that no "brotherhood" (or sisterhood) leniency would apply here. This symbolism was crucial regardless whether Davis was a current or former judge. <br /><br />Third, at no point did I argue that sentencing should not be individualized. Of course it should be individualized, and leniency should certainly be exercised when appropriate. I was pointing out that your analysis looked ONLY at this defendant's individual blameworthiness. The other side of the coin, the impact of the sentence on society at large, must be considered as well. Your analysis failed to do that.<br /><br />But, even if we're going to stick with a purely retributivist analysis, the sentence is STILL justifiable. Unlike the other cases you site (Jones and Drier), this situation involved victims who were doubly vulnerable: they were kids, and they were poor. I can not think of any non-violent crime that could possibly be more vile, and the difference in the amount stolen does nothing to vitiate the impact this crime must have had on those kids.<br /><br />The reason I'm so insistent on this issue is because I truly think that most of Florida has a serious problem in sentencing. Instead of devoting time on your very public forum on a person who had every ability to avoid a criminal lifestyle, you should focus your ire on the true injustices. Your recent commentary on the juvenile justice system (which is an affront to the term "justice") is a good example of bloggingg time well spent.<br /><br />Again, thanks for your thoughts.The Professornoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-60362968963508439092010-01-09T19:28:29.695-05:002010-01-09T19:28:29.695-05:00fuck davis. he deserves life because he walked in ...fuck davis. he deserves life because he walked in ct broom. remember rump, the post man always rings twice. and btfw, davis maxed a lot of men when he wore a rob. so again, fuck him.<br /><br />former pdAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-56812441123933888692010-01-09T18:54:23.313-05:002010-01-09T18:54:23.313-05:00OMG! Rumpole thinks is the appropriate sentece so...OMG! Rumpole thinks is the appropriate sentece so we must all fall in line b/c Rumpole is the ONLY one who knows what is justice. <br />hahahahaha. that's so funny.<br /><br />Thank G-d we have RUMPOLE to tell us what Rumpole thinks. Otherwise, all judges would have no clue how to properly manage their cases.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-45162125759763888942010-01-09T18:48:59.964-05:002010-01-09T18:48:59.964-05:00The higher you go, the greater you fall. Although...The higher you go, the greater you fall. Although, 20 is a very long sentence, given who he was, and who he stole from, I'm on team Butchko on this one, and I can't even believe I 'm typing this. I'm not normally a fan.<br />He betrayed those who had initially trusted in him the first time around, again, what a slap in the face to Miami's poor. He deserves no mercy.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-40341058404576383072010-01-09T18:11:11.753-05:002010-01-09T18:11:11.753-05:00Professor you are way off base. Davis did not comm...Professor you are way off base. Davis did not commit these crimes as a judge, so there was no message except to former judges removed by a previous federal indictment. And while Miami may lead the nation in those individuals, it is still a select group under 10. <br /><br />Second- sentencing should always be individualized- who is the person being sentenced? What is their particular crime? What are their family circumstances and background? <br /><br />As one commentator put it- the woman who got ten years also got an extremely high sentence for someone I am theorizing had no priors. This was 86 K, not 860K or 8 million. 4 years in prison for her- which is roughly 1440 days followed by probation would be sufficient. And as to Davis- for a non-violent fraud crime- probation has been shown to be very effective. Davis is a poor case for my argument because he may arguably deserve it. I am close on this. But the facts of the crime itself does not require 20 or even 10. If you've ever spent a day in jail then you know that day is unlike any other day you've ever spent (and we've spent more than one). <br /><br />10 years would have been enough. 120 months. 3,650 days. That's enough.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-15045713861508792302010-01-09T17:38:57.296-05:002010-01-09T17:38:57.296-05:00Rumpole,
Couldn't disagree more. The sentenc...Rumpole,<br /><br />Couldn't disagree more. The sentence was appropriate. <br /><br />Your analysis focuses strictly on retributivism ... focusing on what THIS defendant deserved. You wholly ignore the far more compelling side of the equation in this case, which is utilitarianism ... focusing on the sentence's impact on future crime control.<br /><br />For instance, this sentence largely ensures that THIS defendant will not be able to get out of jail and defraud others. Simply put, he'll likely be too old. A ten year sentence may not have accomplished that goal. Unlike violent crime, where recidivism decreases with age, recidivism in economic crimes actually increases with age until very late in life. <br /><br />Second, this sentence also sends a strong message to would-be corrupt judges. It says that the judiciary as a whole will not protect its own in these circumstances. In fact, it sends the message that the judiciary views corruption within its own ranks as the ultimate insult to justice. <br /><br />And that point also distinguishes all the examples in your post. Each of your examples focused on lawyers (Drier and Jones), not judges. When a lawyer commits a crime of fraud, it is reprehensible. When a judge (even a former judge) does it, it's unthinkable. <br /><br />Judges symbolize justice. When they engage in fraud, the result is a distrust not just of the individual but the entire justice system. This sentence sends the message that the judiciary understands that nuance and will not stand for this judge's actions.<br /><br />This sentence was appropriate.The Professornoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-41410751021328560012010-01-09T16:35:18.373-05:002010-01-09T16:35:18.373-05:00Two fingers Tony says it's time to pay the pip...Two fingers Tony says it's time to pay the piper rumpole. Your math stinks. You were 9-7 last week not 10-6. Tennessee won by four and you gave five. Despite the fact that you bet no money in advance you should be happy that you were not betting $100k a game this year. Otherwise you would owe us closer to $2 mil instead of the $1980 that you actually dropped. <br /><br />So who are you rooting for in the playoffs now that your team is out? And what the heck are you going to do if your two favorite coaches from Dallas and San Diego end up in Miami ? <br /><br />Now Pay Up and tell your friend Paulie that he can't hide foreverTwo fingers Tonynoreply@blogger.com