CONNECTICUT LEGISLATION - CONNECTICUT NETWORK - legislation, programming, New Haven
The special session of the general assembly for the judicial reform amendment proposals began at 5 pm this evening it is still in session and it is on cable TV live still as of 1 am Jan 23rd. This link will take you to the local station in your area that is broadcasting the legislative session as it continues including the votes as they happen.
Needless to say, Attitudes are quite diverse with the usual obvious differences between party lines and between members who live and work in the inner cities, opposed to the majority of legislators who live in outlying suburbs. Oddly enough however those attitudes towards toughening up on crime were inverse to what one might expect from the people who are exposed to violent crime the most; The city dwelling legislators that spoke were by and large in favor of less incarceration, and more rehabilative programs such as the ones that both the Petit family killers were given the gift of participating in, as they made their ways in and out of the system after various arrests and prison stints
Update JAN 23 9 am
Much was said about crime being the result of hopelessness- And while this too was once my view, after becoming a victim of violence myself and thus studying criminal physchology, I have come to discoverthat plain evil does also exist(SOCIOPATHOLOGY) and in much greater numbers than the average person might want to comprehend, including members of the general assembly. This is called cognitive dissonance, and we need to learn about this, and grow past it particularly our lawmakers and enforcers.
A great deal of personal soul searching re these issues was shared. One legislator even went so far as to say that he could personally get rid of most crime in inner cities by simply giving criminals a15000 a year job-thus "HOPE" This is ironic in light of the fact that not only were the Cheshire killers employed full time, but they both had decent paying jobs as required by the state for Parole and indeed assisted by the re entry programs that our tax dollars pay for.
It is a well known fact that many inner city young men admittedly turn to drug dealing because of the allure of big money rather than working a 9-5 minimum wage job that they feel is bogus when they can make the quick buck with the sale of drugs.
A good deal was said, some of posturing for the cameras as well as the constituents ( this is an election year..), But many other members were eloqent, impassioned and appeared sincere in thier efforts and moral conscience regarding the states judicial failings.
The senate passed the package, but voted down the three strike amendment. The assembly went into the wee hours of the morning with a final vote approving the remaining reform bill. Next it goes to the governor and she is obviously expected to approve whats left of it.
Detailed accounts of individual senators and legislators input and the highs and lows of this session will follow later today.
Jan 22, 2008
Lawmakers to consider criminal justice reforms today
The judicial special session starts today, Please follow the proceedings and watch which legislators vote for- or against each proposal-and remember this information when its comes time to vote.
The Republican-American Lawmakers to consider criminal justice reforms
And For those of you who need to aquaint themselves with the composition of our Connecticut General assembly here is a link that provides the basics: http://en.wikipedia.org/wiki/Connecticut_General_Assembly
The Republican-American Lawmakers to consider criminal justice reforms
And For those of you who need to aquaint themselves with the composition of our Connecticut General assembly here is a link that provides the basics: http://en.wikipedia.org/wiki/Connecticut_General_Assembly
Jan 21, 2008
Legislators say that 3-strikes law wouldn't have stopped killing
Missing the point as usual.
The general thrust of the above linked article is that the 3 strikes law, which happens to be on the table of the Connecticut General assembly tomorrow, would not have prevented the tragic murders of the Petit family members this past July, if it had been in effect at that time.
The Petit family murders are one of two recent hi profile murders in the state that were committed by 'persistent offenders" within one month period, resulting in the governors temporary ban on parole and and much legislative attention turned towards Judicial reform.
In both crimes each criminal had been released on early parole despite evidence pointing to their inappropriate candidacy for such, as well as having accrued an inordinate amount of felony convictions over the course of thier lives living within the state.
The above statement that Ive been hearing over and over like a broken record from many members of the legislature is very misleading; Standing alone, perhaps a three strikes law which only included violent felonies as potential strikes-would not have definitively kept the Petit murderers, in prison.
Yet 5 versions of a three strikes bill have been submitted and proposed to the GA over the last several months, each with VARYING degress of the crimes that would qualify for a strike" ie a conviction that is counted towards the three needed for a life sentence or a serious mandatory sentence.
California's 3 strike law has ammended its original version to now include at least one violent felony out of the total three convictions in order to be sentenced under the 3 strikes law.
An important consideration in all of this is whether or not the Ct legislature is going to requalify burglaries, whereupon anyone is in the residence, as violent-ie serious felonies, as has also been proposed.
This change in law is more likely to pass muster on a bi-partisan basis within the ga and as it should in light of the cheshire crimes and what we know about home invasions in general;the propensity for violence is significant period.
It also should be said here that Noone has suggested that this one bill-THE three strikes- would be the panacea fix-all for all that is broken within our Conn courts. However combined with the re-qualifier of violent felonies, a strict multiple offense mandatory sentencing law would have served both the Petits and the rest of our Connecticut citizenry had we had one;
If the many many felonies that co-defendent j. komisarjevsky had been convicted of - most of which were break ins of occupied homes, had been thus classified as the serious felony that they should be, those charges would have fallen under any of the versions of the three strikes sentencing laws so far submitted to The GA. . And thus, one half of the evil equasion that decided to break into the Petit families home to sexually assault mrs Petit and her young daughter-would have long been incarcerated for his first string of break ins-never mind the second string which amounted to 14 additonal break ins in a seperate county of Connecticut.
With the new Ct law proposing the re-classification of all night time burglaries as home invasions, and carrying automatic class b felony charges with a 10 yr minimum prison term, this alone, would have saved the Petit family; The prosecutor that handled the last string of komisarjevskys burgalries would have had no choice but mandatory sentencing for at least a
minimum of 10 yrs for just one home invasion convistion let alone the entire string of that he committed in 2002.
note; The first string of charges for the house burglaries were not even pursued against Komisarjevsky, as they were in a seperate jurisdiction, and as he had confessed to the second string while in custody for the first,-The prosecutor in that bunch adjudicated that group of crimes, as time served, for the time in jail awaiting his second group of crime hearings.
In other words he was given a big break insofar as sentencing for his many crimes. If sentenced for all of the crimes that he committed he could have easily been given 25 years, rather than 9 which ended up being 3 with early parole. Connecticut CURRENTLY offers parole at 50 per time served for all non violent crimes-which these were considered back then.
The second spree of home invasion crimes were the ones that at his sentencing hearing, the judge, noting his methods of stalking his victims and use of things like nighttime vision glasses and the like, called him "a cold and caculating predator who is clearly a threat to the citizens of connecticut." He stated that komisarjevsky should be done eith the DOC by thetime he was 36. Somehow he was instead done with doc at 26, except for his once a month parole meeting which would have continued for 2 years had he not murdered and raped and assaulted the Petits 3 days after his tracking ankle bracelet was removed by the Wise ole Connecticut DOC.
The point is that Both murderer/assailents of this family in fact had many criminal charges dropped completely within several seperate crime sprees, and this was all done within auto plea deals that are simply part of the daily process of what takes place in courthouses across our state. Which is why for a man to wind up with 26 actual felony convictions, by simple practical odds, he's had to have ACTUALLY committed many more crimes than what his conviction record bears.
Insofar as the Petit family crimes, yes, as it stands alone the proposed three strikes law wouldn't have prevented the crime, because up until now home invasions were not considered violent crime. (Home invasion being any robbery or attempted robbery that takes place at night or when the home owners are in the house at the time of the crime. ) I say "up until now" a bit prematurely since within this same bundle of reform proposals as the three strikes one is a proposal to re-classify any burglary taking place at night as a violent crime, as opposed to the present day classification of this as "simple" robbery- a non-violent felony. However most legislators on both sides have expressed support for this new classification law and it is bound to be passed in one form or another within the upcoming special session.
Komisarjevsky's self described methods of home break ins, the fact that watched his victims with night vison goggles, admitted that he got a "rush" only when people were home, This all should have been a BIG red flag for the Connecticut judicial system, as this is well known thrill seeking behavior with stalking and voyeurism at its core, as one can whos taken a basic criminal profiling class knows. I daresay that the stolen property from those robberies was almost incidental to Mr Komisarjevsky, certainly secondary to his true goal;
He admitted to wearing night vision goggles, watching his victims go about their lives through windows and in trees. He waited and listened as they fell asleep before moving throughout the hosue taking smaller items rather than any large electronics. In several instances, he stole personal effects from his victims, including women's lingerie and photographs of one homeowner couple, that had absolutely no cash value. Trophy's.
This again is classic psychopath behavior in the advancing stages of it's criminal evolution--
The final stage typically is sexual assault and homicide. This is a perfect example of why a criminals record's, from arrest to conviction to sentencing and all reports regarding thier behavior in prison and previous Parole re entry, should be meticlously gathered and in the
hands of any Parole board given the responsibiltiy of the descision to return this person to the general public. To do anything less is dangerous and absurd-and yet thats exactly whats been happening for years in this state.
We still may not know of other crimes committed by either of these men for which they have not been connected.. Allegedly Mr Hayes had a habit of frequenting prostitutes when smoking crack and there are several unsolved murders of prostitutes reaching back for years in this state, the sad part is we may never know the total sum of both of thier crimes.
Mr Komsarjevskys behaviors point loudly to sociopathic criminal persona, which at its core carries a lack of conscience and a chronic disregard for the rights of others, as well as enjoying
cat and mouse manipulation games with anyone who they perceive to be in positions of authority ie police, . judges parole board etc .Thus when I hear members of the Connecticut judiciary committee, who are supposed to be learned people, claiming that there was nothing in the background of either man arrested for the Petit murders, that could have predicted or prevented the tragic crimes from happening" ....To this I say nonsense;
As you can see The problems within many Connecticut courts go far beyond one or two issues that can be quick fixed with one ammendment. Some of these issues such as our poorly run parole system are crucial within the process of keeping our citizens safe from chronic offenders.This, along with the poor communication between parole members, prosecutors and police depts can be ameliorated with a relative modicum of effort. Others issues are less practical and more ethical and moral in nature; We have given over control of our courts to prosecutors and unscrupulous defense attorneys, and in this it is the victims of crime that suffer.
For every time that a crime involving any victim is plead out to nothing resembling what was actually inflicted upon that victim, he or she is utterly invalidated by the system, and in this way re-victimized all over again; But this time, the pain is somehow worse than the punches, the kicks the choking or the sexual assaults....because these people are supposed to be the good guys; This court in effect represents society, to a victim of violent crime, where truth and JUSTICE matter, and justice is not just a hollow word.
Neither Komisarjevsky not Hayes should have been candidates for early parole, or any parole for that matter. Mr komisarjevskys judge said in his sentencing hearing that he was being given 9 years sentence and 5 years special parole. He said "you will be done with the the conn dept of corrections by the time you are 36 years old." The prosecutor unlike so many of his compatriots, was intelligent dedicated and knew his criminal profiling-he pushed hard for a strict sentence as well as a long parole with special provisons including a tracking device, once he was released from prison. unfortunataley the lines of communication failed miserably, documentation was careless and scant and parole descisons were made nonetheless and were thus reckless and irresponsible. And we are now told that this was not an isolated case, this has been the way it is for years
.
That tracking device stayed on mr komisarjevsky for approx 2 months. The day it came off ,he resumed his life of crime, breaking into homes at night-this time with Mr hayes who he met in a halfway house, along for the ride. And as is so often the case two felons togther feed off of eachothers evil and thanks to the Connecticut judicial system, the Petit family never stood a chance.
If both of the reform changes-THE three strikes law as well as the home invasion break ins being classified as violent felonies, komisajevsky would have hit his third felony strike within his first two out of three robbery sprees(each spree involved ten or more homes all burgalirized at night-) in effect remanding him to prison for a minimum of 30 years, according to the legislature that is currently on the table for tomorrow's special session. Mr Komisarjevsky would still be incarcerated where he belonged and therefore unable to do any more harm to the innocent citizens of this state.
This is but two if's that we seem to be trying to remedy, but let us hope that those that sit on the general assembly tommorow look at the core issues of our broken justice system; a increasingly lenient and permissive sentencing and parole procedure, which many claim has as its roots in an over crowded and expensive prison system, which has progressively caused a decree of sorts to our prosecutors and judges that only the worst of the worst are to be given serious prison time, .
The general thrust of the above linked article is that the 3 strikes law, which happens to be on the table of the Connecticut General assembly tomorrow, would not have prevented the tragic murders of the Petit family members this past July, if it had been in effect at that time.
The Petit family murders are one of two recent hi profile murders in the state that were committed by 'persistent offenders" within one month period, resulting in the governors temporary ban on parole and and much legislative attention turned towards Judicial reform.
In both crimes each criminal had been released on early parole despite evidence pointing to their inappropriate candidacy for such, as well as having accrued an inordinate amount of felony convictions over the course of thier lives living within the state.
The above statement that Ive been hearing over and over like a broken record from many members of the legislature is very misleading; Standing alone, perhaps a three strikes law which only included violent felonies as potential strikes-would not have definitively kept the Petit murderers, in prison.
Yet 5 versions of a three strikes bill have been submitted and proposed to the GA over the last several months, each with VARYING degress of the crimes that would qualify for a strike" ie a conviction that is counted towards the three needed for a life sentence or a serious mandatory sentence.
California's 3 strike law has ammended its original version to now include at least one violent felony out of the total three convictions in order to be sentenced under the 3 strikes law.
An important consideration in all of this is whether or not the Ct legislature is going to requalify burglaries, whereupon anyone is in the residence, as violent-ie serious felonies, as has also been proposed.
This change in law is more likely to pass muster on a bi-partisan basis within the ga and as it should in light of the cheshire crimes and what we know about home invasions in general;the propensity for violence is significant period.
It also should be said here that Noone has suggested that this one bill-THE three strikes- would be the panacea fix-all for all that is broken within our Conn courts. However combined with the re-qualifier of violent felonies, a strict multiple offense mandatory sentencing law would have served both the Petits and the rest of our Connecticut citizenry had we had one;
If the many many felonies that co-defendent j. komisarjevsky had been convicted of - most of which were break ins of occupied homes, had been thus classified as the serious felony that they should be, those charges would have fallen under any of the versions of the three strikes sentencing laws so far submitted to The GA. . And thus, one half of the evil equasion that decided to break into the Petit families home to sexually assault mrs Petit and her young daughter-would have long been incarcerated for his first string of break ins-never mind the second string which amounted to 14 additonal break ins in a seperate county of Connecticut.
With the new Ct law proposing the re-classification of all night time burglaries as home invasions, and carrying automatic class b felony charges with a 10 yr minimum prison term, this alone, would have saved the Petit family; The prosecutor that handled the last string of komisarjevskys burgalries would have had no choice but mandatory sentencing for at least a
minimum of 10 yrs for just one home invasion convistion let alone the entire string of that he committed in 2002.
note; The first string of charges for the house burglaries were not even pursued against Komisarjevsky, as they were in a seperate jurisdiction, and as he had confessed to the second string while in custody for the first,-The prosecutor in that bunch adjudicated that group of crimes, as time served, for the time in jail awaiting his second group of crime hearings.
In other words he was given a big break insofar as sentencing for his many crimes. If sentenced for all of the crimes that he committed he could have easily been given 25 years, rather than 9 which ended up being 3 with early parole. Connecticut CURRENTLY offers parole at 50 per time served for all non violent crimes-which these were considered back then.
The second spree of home invasion crimes were the ones that at his sentencing hearing, the judge, noting his methods of stalking his victims and use of things like nighttime vision glasses and the like, called him "a cold and caculating predator who is clearly a threat to the citizens of connecticut." He stated that komisarjevsky should be done eith the DOC by thetime he was 36. Somehow he was instead done with doc at 26, except for his once a month parole meeting which would have continued for 2 years had he not murdered and raped and assaulted the Petits 3 days after his tracking ankle bracelet was removed by the Wise ole Connecticut DOC.
The point is that Both murderer/assailents of this family in fact had many criminal charges dropped completely within several seperate crime sprees, and this was all done within auto plea deals that are simply part of the daily process of what takes place in courthouses across our state. Which is why for a man to wind up with 26 actual felony convictions, by simple practical odds, he's had to have ACTUALLY committed many more crimes than what his conviction record bears.
Insofar as the Petit family crimes, yes, as it stands alone the proposed three strikes law wouldn't have prevented the crime, because up until now home invasions were not considered violent crime. (Home invasion being any robbery or attempted robbery that takes place at night or when the home owners are in the house at the time of the crime. ) I say "up until now" a bit prematurely since within this same bundle of reform proposals as the three strikes one is a proposal to re-classify any burglary taking place at night as a violent crime, as opposed to the present day classification of this as "simple" robbery- a non-violent felony. However most legislators on both sides have expressed support for this new classification law and it is bound to be passed in one form or another within the upcoming special session.
Komisarjevsky's self described methods of home break ins, the fact that watched his victims with night vison goggles, admitted that he got a "rush" only when people were home, This all should have been a BIG red flag for the Connecticut judicial system, as this is well known thrill seeking behavior with stalking and voyeurism at its core, as one can whos taken a basic criminal profiling class knows. I daresay that the stolen property from those robberies was almost incidental to Mr Komisarjevsky, certainly secondary to his true goal;
He admitted to wearing night vision goggles, watching his victims go about their lives through windows and in trees. He waited and listened as they fell asleep before moving throughout the hosue taking smaller items rather than any large electronics. In several instances, he stole personal effects from his victims, including women's lingerie and photographs of one homeowner couple, that had absolutely no cash value. Trophy's.
This again is classic psychopath behavior in the advancing stages of it's criminal evolution--
The final stage typically is sexual assault and homicide. This is a perfect example of why a criminals record's, from arrest to conviction to sentencing and all reports regarding thier behavior in prison and previous Parole re entry, should be meticlously gathered and in the
hands of any Parole board given the responsibiltiy of the descision to return this person to the general public. To do anything less is dangerous and absurd-and yet thats exactly whats been happening for years in this state.
We still may not know of other crimes committed by either of these men for which they have not been connected.. Allegedly Mr Hayes had a habit of frequenting prostitutes when smoking crack and there are several unsolved murders of prostitutes reaching back for years in this state, the sad part is we may never know the total sum of both of thier crimes.
Mr Komsarjevskys behaviors point loudly to sociopathic criminal persona, which at its core carries a lack of conscience and a chronic disregard for the rights of others, as well as enjoying
cat and mouse manipulation games with anyone who they perceive to be in positions of authority ie police, . judges parole board etc .Thus when I hear members of the Connecticut judiciary committee, who are supposed to be learned people, claiming that there was nothing in the background of either man arrested for the Petit murders, that could have predicted or prevented the tragic crimes from happening" ....To this I say nonsense;
As you can see The problems within many Connecticut courts go far beyond one or two issues that can be quick fixed with one ammendment. Some of these issues such as our poorly run parole system are crucial within the process of keeping our citizens safe from chronic offenders.This, along with the poor communication between parole members, prosecutors and police depts can be ameliorated with a relative modicum of effort. Others issues are less practical and more ethical and moral in nature; We have given over control of our courts to prosecutors and unscrupulous defense attorneys, and in this it is the victims of crime that suffer.
For every time that a crime involving any victim is plead out to nothing resembling what was actually inflicted upon that victim, he or she is utterly invalidated by the system, and in this way re-victimized all over again; But this time, the pain is somehow worse than the punches, the kicks the choking or the sexual assaults....because these people are supposed to be the good guys; This court in effect represents society, to a victim of violent crime, where truth and JUSTICE matter, and justice is not just a hollow word.
Neither Komisarjevsky not Hayes should have been candidates for early parole, or any parole for that matter. Mr komisarjevskys judge said in his sentencing hearing that he was being given 9 years sentence and 5 years special parole. He said "you will be done with the the conn dept of corrections by the time you are 36 years old." The prosecutor unlike so many of his compatriots, was intelligent dedicated and knew his criminal profiling-he pushed hard for a strict sentence as well as a long parole with special provisons including a tracking device, once he was released from prison. unfortunataley the lines of communication failed miserably, documentation was careless and scant and parole descisons were made nonetheless and were thus reckless and irresponsible. And we are now told that this was not an isolated case, this has been the way it is for years
.
That tracking device stayed on mr komisarjevsky for approx 2 months. The day it came off ,he resumed his life of crime, breaking into homes at night-this time with Mr hayes who he met in a halfway house, along for the ride. And as is so often the case two felons togther feed off of eachothers evil and thanks to the Connecticut judicial system, the Petit family never stood a chance.
If both of the reform changes-THE three strikes law as well as the home invasion break ins being classified as violent felonies, komisajevsky would have hit his third felony strike within his first two out of three robbery sprees(each spree involved ten or more homes all burgalirized at night-) in effect remanding him to prison for a minimum of 30 years, according to the legislature that is currently on the table for tomorrow's special session. Mr Komisarjevsky would still be incarcerated where he belonged and therefore unable to do any more harm to the innocent citizens of this state.
This is but two if's that we seem to be trying to remedy, but let us hope that those that sit on the general assembly tommorow look at the core issues of our broken justice system; a increasingly lenient and permissive sentencing and parole procedure, which many claim has as its roots in an over crowded and expensive prison system, which has progressively caused a decree of sorts to our prosecutors and judges that only the worst of the worst are to be given serious prison time, .
Jan 14, 2008
Rell Urges Strengthening Connecticut Justice System - New York Times
Rell Urges Strengthening Connecticut Justice System - New York Times
Dr. Petit said he thought that a properly written “three-strikes-you’re-out” law made common sense.
“It’s almost beyond belief that you could commit a violent crime and be convicted by a jury of your peers and then get out, and commit a second violent crime and be convicted by a jury of your peers, and then commit a third violent crime and then be convicted by a jury of your peers and still get out,” he said softly. “If you haven’t figured it out yet, then you probably won’t, and you should not have the right to remain in civilized society.”
This excerpt from the Dr Petit interview, referenced within this article illustrates the need for some important clarification for both the reader and Dr Petit-and this I say with the
utmost of respect for Dr Petit.
Dr Petits words show that he, like many other innocent citizens in the state who have had little experience or exposure to the day to day workings of our Connecticut courts, assumes that when a criminal winds up with a conviction on his record that it is likely via a trial-thus the" jury of your peers" statement.
I too, thought that this was the general way that things worked before I became a victim of Violent crime in this state. Although I had some working knowledge of the plea bargain system, I never dreamed that plea deals were the norm (other than the motor vehicle docket) and that trials were in effect dinosaurs of some romantic day long gone in the courthouses of Connecticut (and in all fairness, some other states as well)
Suffice to say our Connecticut courts have become little more than Plea bargain mills, where all day long every single or set of charges brought before a "JUDGE' beyond the arraignment process (THIS is the first step in hearing the crimes in most cases of violent and non violent crimes) are given continuance after continuance at so called hearings that typically occur on a monthly or bi-monthly basis as requested and indeed expected by typically both the defense attorney as well as the states attorney's office (the prosecutor whose dept the case in question falls under be it motor vehicle, domestic violence or regular criminal)
These hearings, whereupon little to nothing happens at all other than the defense or the state formally requesting a "continuance" to "explore the facts", ie "make discovery" usually means that the defense attorney has made a pre- determined arrangement already discussed behind closed doors or a phone call with the prosecutor who handles that docket, that they want or need more time...
And usually it is want and not need, for these continuances dually serve to bolster the attorneys bill as well as clear the prosecutors days work. In effect procrastinating on the tax payers dollar, and the victims backs. And this is not only allowed, but has literally become the daily MO of many, many courts in this State-especially those that handle crimes from any city of any size-which includes courts that handle all of the smaller suburbs as well, where folks believe themselves to be safer due to higher taxes and higher rent and property values.
Not so, as the tragic Petit Crimes so shockingly brought to so many surbanites attention.
Now remember, This is merely addressing the issue of excessive continuances, which is but one part of the problem , insofar as criminal cases taking so long to adjudicate. And this is without a trial or trial preparation. When there absolutely must be a trial-as in a murder case where the defendent faces possible life in prison or death and the prosecutor cannot keep face by accept a plea deal to a lesser charge-then the lenght of time that that case is going to take to resolve is obscene-often years and years.
And when there is a victim at the heart of that crime or set of crimes, this is unacceptable, and indeed an overt trampling of a victims rights, according to the Declaration of victims rights as created by the Office of Victims Advocacy in Washington D.C .
We hear so much about the defendants rights, yet we hear so much less about the rights of the victims of crime; Why? This core sentiment must be addressed and revised within the context of our States Judicial Reform package, or none of the so called fixes will matter. The victim is the embodiment of that crime being "processed' in that courthouse. And justice is something that simply does not exist in Connecticut.
Plea bargaining was originally a tool that the court had at their disposal when they wished to reward a defendant for accepting responsibility and accountability for their crimes. Accountability is the first neccesary step in rehabilation. If a defendant came clean and admitted to the actual crimes committed, as well as showed a modicum of remorse, then they were considered possible candidates for a plea deal.
A plea deal typically involved a lowered sentence (and less often a lowered criminal charge, ) generally whatever was appropriate under the sentencing guidelines for the crimes that they actually committed , or were being reduced to. Plea deals are agreed upon between the prosecutor and the defense attorney (or public attorney-which is a lawyer paid for by the state for those who cannot afford a Private one-such as the two men accused of killing the Petit children and women and assaulting Dr Petit)
However the judge presiding over the court is supposed to have ultimate discretionary power over that 'deal" Victims have no real say over a plea-deal resolution of their own case-in fact they are often seen as meddlesome and a nuisiance, if and when they are phyiscally and/or emotionally able to muster the strength to even become involved with the resolution of thier case. When they disagree with a set upon "deal" that so often invalidates thier entire experience as a victim of that crime, this is when it can really turn frutrating. And there is no group that oversees that watchdogs these courts-and when and official complaint is to be made against a prosecutor by a victim, it quickly becomes circle the wagons time.
These plea deals have become the normal mode of resolving cases. For example Less than 2 percent of all criminal cases at Golden Hill street court Ga2 in Bridgeport Connecticut are ever brought to trial-the rest are systematically given plea bargains which are automatic guarantees that each charge against the defendant will be dropped down to a lesser charge, therefore a felony becomes a misdemeanor, and in most cases of multiple charges- such as JK and hayes each had at every arrest, at least several of those charges will be dropped completely within this deal" that the state offers as status quo. Case in point Mr Hayes had two dangerous gun charges dropped completely in a bundle of other charges that he was being heard for. Its as if OK your guy will have to plead guilty to that one and well drop these okay? Never mind the issue of public safety, day after day after day the courts turned an apathetic head to the concept of where did these plea deal decisions leave both the victim's sense of validation over what they had suffered, as well as the possibility of more victims in the future!
And in many instances charges are dropped completely even for multiple offenders again like hayes and J.K the latter of whom had an entire set of burglaries in one town dropped, in light of his prosecution in the other string of burglaries in a different town! And this doesn't even begin to address the plethora of cases that are nolled, given something called "accelerated rehabilitation" (A program supposedly for first time offenders but there are plenty of loopholes here as well...)or... simply dismissed for a variety of reasons, many of which would appall the average citizen.
This auto pilot plea dealing is at the heart and soul of our broken Court system here in Connecticut and therefore any reform package that the Governor initiates in good faith, must include not only addressing this key issue but remedying it. We have relegated our judges to little more than officiaries, who often have no contact with the victims in case, and too many of them wind up merely giving their nod to whatever deal has been struck between the prosecutor and the lawyer.
This leaves way too much room for abuse of power and it needs to stop. It is endangering the lives of our citizens and it has been for a good long time now.
Please write your legislators, the judiciary commitee and the Governor we are a far cry from
"fixed" yet.
Dr. Petit said he thought that a properly written “three-strikes-you’re-out” law made common sense.
“It’s almost beyond belief that you could commit a violent crime and be convicted by a jury of your peers and then get out, and commit a second violent crime and be convicted by a jury of your peers, and then commit a third violent crime and then be convicted by a jury of your peers and still get out,” he said softly. “If you haven’t figured it out yet, then you probably won’t, and you should not have the right to remain in civilized society.”
This excerpt from the Dr Petit interview, referenced within this article illustrates the need for some important clarification for both the reader and Dr Petit-and this I say with the
utmost of respect for Dr Petit.
Dr Petits words show that he, like many other innocent citizens in the state who have had little experience or exposure to the day to day workings of our Connecticut courts, assumes that when a criminal winds up with a conviction on his record that it is likely via a trial-thus the" jury of your peers" statement.
I too, thought that this was the general way that things worked before I became a victim of Violent crime in this state. Although I had some working knowledge of the plea bargain system, I never dreamed that plea deals were the norm (other than the motor vehicle docket) and that trials were in effect dinosaurs of some romantic day long gone in the courthouses of Connecticut (and in all fairness, some other states as well)
Suffice to say our Connecticut courts have become little more than Plea bargain mills, where all day long every single or set of charges brought before a "JUDGE' beyond the arraignment process (THIS is the first step in hearing the crimes in most cases of violent and non violent crimes) are given continuance after continuance at so called hearings that typically occur on a monthly or bi-monthly basis as requested and indeed expected by typically both the defense attorney as well as the states attorney's office (the prosecutor whose dept the case in question falls under be it motor vehicle, domestic violence or regular criminal)
These hearings, whereupon little to nothing happens at all other than the defense or the state formally requesting a "continuance" to "explore the facts", ie "make discovery" usually means that the defense attorney has made a pre- determined arrangement already discussed behind closed doors or a phone call with the prosecutor who handles that docket, that they want or need more time...
And usually it is want and not need, for these continuances dually serve to bolster the attorneys bill as well as clear the prosecutors days work. In effect procrastinating on the tax payers dollar, and the victims backs. And this is not only allowed, but has literally become the daily MO of many, many courts in this State-especially those that handle crimes from any city of any size-which includes courts that handle all of the smaller suburbs as well, where folks believe themselves to be safer due to higher taxes and higher rent and property values.
Not so, as the tragic Petit Crimes so shockingly brought to so many surbanites attention.
Now remember, This is merely addressing the issue of excessive continuances, which is but one part of the problem , insofar as criminal cases taking so long to adjudicate. And this is without a trial or trial preparation. When there absolutely must be a trial-as in a murder case where the defendent faces possible life in prison or death and the prosecutor cannot keep face by accept a plea deal to a lesser charge-then the lenght of time that that case is going to take to resolve is obscene-often years and years.
And when there is a victim at the heart of that crime or set of crimes, this is unacceptable, and indeed an overt trampling of a victims rights, according to the Declaration of victims rights as created by the Office of Victims Advocacy in Washington D.C .
We hear so much about the defendants rights, yet we hear so much less about the rights of the victims of crime; Why? This core sentiment must be addressed and revised within the context of our States Judicial Reform package, or none of the so called fixes will matter. The victim is the embodiment of that crime being "processed' in that courthouse. And justice is something that simply does not exist in Connecticut.
Plea bargaining was originally a tool that the court had at their disposal when they wished to reward a defendant for accepting responsibility and accountability for their crimes. Accountability is the first neccesary step in rehabilation. If a defendant came clean and admitted to the actual crimes committed, as well as showed a modicum of remorse, then they were considered possible candidates for a plea deal.
A plea deal typically involved a lowered sentence (and less often a lowered criminal charge, ) generally whatever was appropriate under the sentencing guidelines for the crimes that they actually committed , or were being reduced to. Plea deals are agreed upon between the prosecutor and the defense attorney (or public attorney-which is a lawyer paid for by the state for those who cannot afford a Private one-such as the two men accused of killing the Petit children and women and assaulting Dr Petit)
However the judge presiding over the court is supposed to have ultimate discretionary power over that 'deal" Victims have no real say over a plea-deal resolution of their own case-in fact they are often seen as meddlesome and a nuisiance, if and when they are phyiscally and/or emotionally able to muster the strength to even become involved with the resolution of thier case. When they disagree with a set upon "deal" that so often invalidates thier entire experience as a victim of that crime, this is when it can really turn frutrating. And there is no group that oversees that watchdogs these courts-and when and official complaint is to be made against a prosecutor by a victim, it quickly becomes circle the wagons time.
These plea deals have become the normal mode of resolving cases. For example Less than 2 percent of all criminal cases at Golden Hill street court Ga2 in Bridgeport Connecticut are ever brought to trial-the rest are systematically given plea bargains which are automatic guarantees that each charge against the defendant will be dropped down to a lesser charge, therefore a felony becomes a misdemeanor, and in most cases of multiple charges- such as JK and hayes each had at every arrest, at least several of those charges will be dropped completely within this deal" that the state offers as status quo. Case in point Mr Hayes had two dangerous gun charges dropped completely in a bundle of other charges that he was being heard for. Its as if OK your guy will have to plead guilty to that one and well drop these okay? Never mind the issue of public safety, day after day after day the courts turned an apathetic head to the concept of where did these plea deal decisions leave both the victim's sense of validation over what they had suffered, as well as the possibility of more victims in the future!
And in many instances charges are dropped completely even for multiple offenders again like hayes and J.K the latter of whom had an entire set of burglaries in one town dropped, in light of his prosecution in the other string of burglaries in a different town! And this doesn't even begin to address the plethora of cases that are nolled, given something called "accelerated rehabilitation" (A program supposedly for first time offenders but there are plenty of loopholes here as well...)or... simply dismissed for a variety of reasons, many of which would appall the average citizen.
This auto pilot plea dealing is at the heart and soul of our broken Court system here in Connecticut and therefore any reform package that the Governor initiates in good faith, must include not only addressing this key issue but remedying it. We have relegated our judges to little more than officiaries, who often have no contact with the victims in case, and too many of them wind up merely giving their nod to whatever deal has been struck between the prosecutor and the lawyer.
This leaves way too much room for abuse of power and it needs to stop. It is endangering the lives of our citizens and it has been for a good long time now.
Please write your legislators, the judiciary commitee and the Governor we are a far cry from
"fixed" yet.
Jan 13, 2008
Justice "Fixes" ????
A fairly comprehensive look at Governor Rell's preliminary proposals for our States Judicial Reform plan. Take a look but beware of the notion of "fixes" The entire system needs to clean house, In effect to be dismantled and to be virtually rebuilt.
And those state employees that are guilty of reckless judicial decision making, favor swapping, self serving cronyism, and irresponsible handling of dangerous and violent crimes via the abuse of our plea bargain system -They need to go.
They should be disciplined and held accountable as well but that isn't likely to happen as so many courts are simply openly known to run in this crooked fashion so much that it has come to be the norm-just like the parole board operating without proper criminal records when making parole decisions that effect the safety of the entire public at large-how can they be punished when everyone knows that this is how its been done for ions, including many of the "powers that be". This is why the system must be dismantled-it has become overrun and prostituted.
These fixes and proposals are fine, but one must remember that we already have sentencing laws and guidelines that are not being used. If we do not revamp our collective attitude-(meaning the citizens and the legislature) toward criminal sentencing in this state, we are chasing our tails by spending time and energy debating and drafting new proposals when we historically do not utilize the ones that we already have.
The prosecutors are running the show in too many courts, it has become an revolving door enterprise, the likes of which no unindoctrinated citizen could possibly imagine, That is, until they- or a loved one- becomes a victim of crime.
More often than you could possibly imagine, the motives that fuel these judicial disparities are monetary, or power based- Rarely if ever is the best interest of the victim, AND justice a predisposing factor in the resolution of any crime that isn't murder. And even then its because now finally people are watching the outcome. Much like the Petit family murders of last July.
So when I see the end results of all of this judicial recklessness and corruption, in the form of the latest heinous rape, brutal assault, molestation or murder, almost always committed by people who have been arrested numerous times, yet possess a very disproportionate criminal record and served sentence- if one was served at all--I am thus no longer surprised. But I am angry.
As you should be as well. Because as most victims of crime in this state know; crimes like the Petit family assaults and murders were simply just a matter of when, not if. Its just that none of these judicial misfits ever conceived that one would be "this bad" And thus the the curtain was pulled back...
And those state employees that are guilty of reckless judicial decision making, favor swapping, self serving cronyism, and irresponsible handling of dangerous and violent crimes via the abuse of our plea bargain system -They need to go.
They should be disciplined and held accountable as well but that isn't likely to happen as so many courts are simply openly known to run in this crooked fashion so much that it has come to be the norm-just like the parole board operating without proper criminal records when making parole decisions that effect the safety of the entire public at large-how can they be punished when everyone knows that this is how its been done for ions, including many of the "powers that be". This is why the system must be dismantled-it has become overrun and prostituted.
These fixes and proposals are fine, but one must remember that we already have sentencing laws and guidelines that are not being used. If we do not revamp our collective attitude-(meaning the citizens and the legislature) toward criminal sentencing in this state, we are chasing our tails by spending time and energy debating and drafting new proposals when we historically do not utilize the ones that we already have.
The prosecutors are running the show in too many courts, it has become an revolving door enterprise, the likes of which no unindoctrinated citizen could possibly imagine, That is, until they- or a loved one- becomes a victim of crime.
More often than you could possibly imagine, the motives that fuel these judicial disparities are monetary, or power based- Rarely if ever is the best interest of the victim, AND justice a predisposing factor in the resolution of any crime that isn't murder. And even then its because now finally people are watching the outcome. Much like the Petit family murders of last July.
So when I see the end results of all of this judicial recklessness and corruption, in the form of the latest heinous rape, brutal assault, molestation or murder, almost always committed by people who have been arrested numerous times, yet possess a very disproportionate criminal record and served sentence- if one was served at all--I am thus no longer surprised. But I am angry.
As you should be as well. Because as most victims of crime in this state know; crimes like the Petit family assaults and murders were simply just a matter of when, not if. Its just that none of these judicial misfits ever conceived that one would be "this bad" And thus the the curtain was pulled back...
Jan 8, 2008
Cheshire heals through light...
"May the blessing of light be upon you. Light without and light within and light beside the darkness within." —
The words of this Celtic poem were recited by Dr William Petit Jr this Sunday afternoon, as the crowd gathered for the "Cheshire Lights Of Hope' a local fundraiser for Multiple Sclerosis, a disease of the nervous system that often strikes women in the prime of thier lives.
.
The Cheshire 'lights" was the brainchild of local resident Jenifer Walsh, who was diagnosed herself with M.S ten years ago. As avid fundraisers for MS, she and her husband John thought that the sales of candle-lit luminaries might be a creative way for the town to raise money for Multiple Sclerosis- From there, according to Mrs Walsh, The Cheshire's 'Lights " seemed take on "a life of its own", this largely due to the tragic home invasion in July that stole the lives of 3 members of one of the most beloved families in Cheshire-the Petit's. One of the three victims, Jennifer Hawke-Petit, was also battling MS at the time of her murder.
The sole survivor of the crimes, Dr William Petit Jr, sustained serious head injuries in addition to the loss of his wife and two daughters, Haley and Michaela. Both youngsters were very involved with charitable efforts for M.S, this ever since their mom was diagnosed with the disease eight years ago. Within the 5 years that she was involved with MS fundraising, Haley Petit managed to raise over 50,000 dollars through her own charitable organization, which she dubbed "Haley's Hope' Her younger sister Michaela, was readying herself to take the charitable baton in effect as Haley was preparing to attend Dartmouth College, this past fall.
Due to the entire families philanthropic involvement with M.S, "Cheshire's Lights of hope" grew to become part fundraiser/part Memorial --for the lives of the extraordinary Petit women, and as a way for the town to heal, by honoring the Petit's memory by emulating their giving spirit.
By Sunday evening thousands of luminaries, each one lovingly assembled by volunteers and purchased by caring townspeople for one dollae each, were laid out side by side illuminating the entire town of Cheshire. The word hope could be seen blazing from the skies above Cheshire Academy, and a magnificent cross lit up the entire downtown area.
Every single neighborhood participated in the lighting of the luminaries, a palpable undercurrent of unity-healing and love was present throughout the day and into the bright night.
While the official totals were not yet made public, the tentative appears to be nearly 100,000 dollars raised for the Multiple Sclerosis foundation.
As Dr Petit said in his speech to the overflowing Cheshire crowd, the spirit of his family clearly lives on--And he believes that "his girls" are now Celestial bodies lit up for all the world to see.."
NOTE: Double Click on this articles title header in order to watch a video clip surrounding the event..
Jan 4, 2008
A New Years Resolution for the State of Connecticut
I suggest that every citizen in the state familiarize themselves with all happenings regarding the Sentencing task force committee. The above link takes us to the official website for the Task force including meeting agendas and minutes for each meeting thus far. Remember, they last met on December 17 and they will meet again in January, presumably to discuss their official recommendation's to Governor Reall regarding Judicial reform within the state.
Certain task force subcommittees were formed by Governor Rell after the uncovering of major flaws within Connecticut's judicial and parole system, after the Petit family murders which were committed by two chronic offenders on parole. The task force is not to be confused with the regular Judiciary Committee, which is a standard arm of our legislative body here in Connecticut. The members of the latter are also very important individuals to familiarize oneself with and to follow closely insofar as their personal history regarding their stance on violent crime.
Our goal is to create a zero tolerance for violent crime in our state. This will only be achieved through multi-level judicial reform, which will include resolving the entire parole issue, the re-classification of certain crimes, based on historic intelligence regarding criminal motive and escalation, And also the Clean-up of an overly lenient plea bargain system, which has at its core the motive of relieving the state's prison over-crowding issue. This money saving agenda has been putting innocent citizens in harms way again and again for years now. It finally culminated in a set of violent crimes so brutal that the entire state stood up and finally took notice of hazards that have been going on for years and years within our courts.
There are several ways that the state can help defray some of the initial rise in prison population that is certain to follow stricter sentencing policy, one of which is the re directing of all non violent drug "offenders" into treatment and using a rehabilitative model for many victimless crimes. I for one would certainly rather our limited state prison beds go to violent offenders first, rather than those who have a series of shoplifting or drug possession charges.
To me this discussion always leads back to what the people (of Connecticut) care about the most...
Do we hold sacred the right to live our lives without violence imposed upon us or our loved ones?
And This includes so-called "domestic" violence crimes, which for years have been treated more leniently from a sentencing standpoint, than the equivalent violent crime committed by a veritable stranger-why?
This domestic violence classification has become so inappropriately broad in many courts that it now has come to include teen-dating violence, ex -partner violence (whereupon the victim of violence once dated the perpetrator) and any even violence committed by a person that once casually knew thier assailant!
And clearly while there should not be any delineation in how we punish or sentence any brand of violent crime, there is in fact a tremendous disparity which stems from decades old criminal/judicial tolerance for violence in the home, presumably between a married man and his wife.
Bad as this was, we now have this plethora of dangerously miscategorized crimes that are being handled in a shockingly lenient fashion--All of this because they have become swept into this umbrella of "domestic" crime, which has turned into little more than a get out of jail free card for any violent offense committed against someone that you know. This is unacceptable, and it disproportionately violates the rights of women and children.
Violence is violence, in any form- it always involves a victim and as such, it is never ever to be treated leniently.
Unfortunately as a people we are in effect allowing this kind of violence, by tolerating these and other judicial travesties within our courts. As well we send a message to our government, our lawmakers and lastly, the would-be violent criminal; We really don't take violence all that seriously around here.
We must have a consistently strong and clear deterrent against any and all violence. These crimes are the crimes that must carry the strictest punishment. There is no point in making appropriate well -thought out laws, when we regularly do not impose them on the sentencing level. In time, stricter sentencing will serve to deter these crimes within our state. What this means in human currency is... less broken bones, less head and brain injuries, less stabbings, shootings, burnings and rape.
And this is just a bit of the physical toll that these crimes take; Ask Dr Bill Petit about the emotional toll for so many victims; Post traumatic stress disorder, chronic anxiety conditions, learning disabilities, memory problems, employment problems, homelessness and even suicide.
The good news is that we have the power to greatly ameliorate the potential for any more human suffering-- By standing up and paying attention, by insisting that all of our courts consistently impose strict and appropriate sentencing for all violent crime-No matter the financial cost. Make it work.
May our New years resolution include getting involved in this crucial issue. Let us stand together, shoulder to shoulder, and become the first State to officially declare itself a zero-tolerance -for-violence zone..
OPM: Sentencing Task Force Agenda/Minutes
Certain task force subcommittees were formed by Governor Rell after the uncovering of major flaws within Connecticut's judicial and parole system, after the Petit family murders which were committed by two chronic offenders on parole. The task force is not to be confused with the regular Judiciary Committee, which is a standard arm of our legislative body here in Connecticut. The members of the latter are also very important individuals to familiarize oneself with and to follow closely insofar as their personal history regarding their stance on violent crime.
Our goal is to create a zero tolerance for violent crime in our state. This will only be achieved through multi-level judicial reform, which will include resolving the entire parole issue, the re-classification of certain crimes, based on historic intelligence regarding criminal motive and escalation, And also the Clean-up of an overly lenient plea bargain system, which has at its core the motive of relieving the state's prison over-crowding issue. This money saving agenda has been putting innocent citizens in harms way again and again for years now. It finally culminated in a set of violent crimes so brutal that the entire state stood up and finally took notice of hazards that have been going on for years and years within our courts.
There are several ways that the state can help defray some of the initial rise in prison population that is certain to follow stricter sentencing policy, one of which is the re directing of all non violent drug "offenders" into treatment and using a rehabilitative model for many victimless crimes. I for one would certainly rather our limited state prison beds go to violent offenders first, rather than those who have a series of shoplifting or drug possession charges.
To me this discussion always leads back to what the people (of Connecticut) care about the most...
Do we hold sacred the right to live our lives without violence imposed upon us or our loved ones?
And This includes so-called "domestic" violence crimes, which for years have been treated more leniently from a sentencing standpoint, than the equivalent violent crime committed by a veritable stranger-why?
This domestic violence classification has become so inappropriately broad in many courts that it now has come to include teen-dating violence, ex -partner violence (whereupon the victim of violence once dated the perpetrator) and any even violence committed by a person that once casually knew thier assailant!
And clearly while there should not be any delineation in how we punish or sentence any brand of violent crime, there is in fact a tremendous disparity which stems from decades old criminal/judicial tolerance for violence in the home, presumably between a married man and his wife.
Bad as this was, we now have this plethora of dangerously miscategorized crimes that are being handled in a shockingly lenient fashion--All of this because they have become swept into this umbrella of "domestic" crime, which has turned into little more than a get out of jail free card for any violent offense committed against someone that you know. This is unacceptable, and it disproportionately violates the rights of women and children.
Violence is violence, in any form- it always involves a victim and as such, it is never ever to be treated leniently.
Unfortunately as a people we are in effect allowing this kind of violence, by tolerating these and other judicial travesties within our courts. As well we send a message to our government, our lawmakers and lastly, the would-be violent criminal; We really don't take violence all that seriously around here.
We must have a consistently strong and clear deterrent against any and all violence. These crimes are the crimes that must carry the strictest punishment. There is no point in making appropriate well -thought out laws, when we regularly do not impose them on the sentencing level. In time, stricter sentencing will serve to deter these crimes within our state. What this means in human currency is... less broken bones, less head and brain injuries, less stabbings, shootings, burnings and rape.
And this is just a bit of the physical toll that these crimes take; Ask Dr Bill Petit about the emotional toll for so many victims; Post traumatic stress disorder, chronic anxiety conditions, learning disabilities, memory problems, employment problems, homelessness and even suicide.
The good news is that we have the power to greatly ameliorate the potential for any more human suffering-- By standing up and paying attention, by insisting that all of our courts consistently impose strict and appropriate sentencing for all violent crime-No matter the financial cost. Make it work.
May our New years resolution include getting involved in this crucial issue. Let us stand together, shoulder to shoulder, and become the first State to officially declare itself a zero-tolerance -for-violence zone..
OPM: Sentencing Task Force Agenda/Minutes
Dec 27, 2007
Forever Michaela
Today, amidst all of the serious, albeit necessary talk about Violent Crime and Judicial reform, came a gentle reminder of what is at the heart and soul of this entire struggle.
And It came in the form of a simple e-mail with just one link, subject line reading "FYI "
"Please Visit'. And so I did.
What I found was a heart-wrenching and inspiring tribute to a friend , from one very special little girl to another, the latter, her earthly life recently stolen by violent crime.
As a recent image of a young and smiling Michaela Petit greeted me upon the opening web page, and my reflex was a deep and abiding heaviness of heart. But as I read on to the young web -master's introduction, my spirit lifted just a bit and I slowly realized that this was one of those times where the children of the world have something to teach their elders.
The young creator of the "Forever Michaela" website, Elizabeth Ollero, shares with us that the website was created, "so that people would not feel only sad" when thinking about her late friend Michaela Petit: Instead she hoped that they might recall and grow to know everything about her that was so special and beautiful. And although Michaela was clearly a pretty girl, this is a beauty of the inside variety we are led to see: A gentle and kind heart, a sensitivity that belied her years and a clear generosity of spirit and self.
Another goal of the website we are told, is to share with the world some of the causes that Michaela cared so deeply about, and in doing so, bring more attention and support to those and other causes through Michaela's kind and charitable example. Many of us have read about Michaela's older sister, Hayley and her fund-raising work on behalf of Multiple Sclerosis, a disease that her mom Jennifer was diagnosed with eight years before her murder.
Yet, not nearly as much has been written about Michaela's own philanthropic endeavors;
At just 11 years of age when she died, she didnt have as much time as her 17 year old counterpart to make this world a better place, but she did an incredible job for the brief time that she graced our world. For the past several years Michaela had become her sister's right hand with her impressive non-profit raising record amounts for Multiple Sclerosis, aptly dubbed "Hayley's hope".
Michaela was due to take over a good portion of the charity, as Hayley was attending Dartmouth in the fall. According to friends and family, she was very enthusiastic about inheriting the project, and had even chosen a name for the inherited venture -"Michaela's Miracle".
For years shed particpated in the annual M.S walks in Plainville, walking a great many miles in order to raise money for MS foundation, clearly important charity to the both the Petit clan and many others in the community stricken with this disease. She had also been involved with various animal charities, a cause that was also close to her heart.
Mentioned on the "Forever" web-site was that one of Michaela's last emails to her circle of friends was all about a new-found animal rescue charity that she cared deeply about. She asked friends to visit the website and use the "click for food option"-- a great way to help the homeless animals without having to spend money which she realized that not everyboy had.
Considering that this young girl was only 11 years old at her passing, this only makes her involvement with multiple good works that much more indicative of a uniquely kind and caring nature.
As I gazed upon the very last page of photos of Michaela, my heart was of course still heavy, knwoing that the world will never know such a uniquely caring and loving young lady.
The senseless and violent deaths of Michaela and her family will always confound and anger me.
But at the same time, today I began to feel something else - a small infusion of hope.
This hope was borne of the knowledge that the legacy of this kind and giving family lives on.
The world will continue to extract good from the evil that robbed this world of Michaela Jennifer and Hayley Petit And through this good, we continue to defeat the very evil that brought this all to bear.
And today these seeds were planted through the love and devotion of one little girl reaching out to the world with her dear friend's memory in tow.
"Be the Change that you wish to see in this world"
Michaela Petit's favorite quote on her Facebook page.
http://www.forevermichaela.com/
And It came in the form of a simple e-mail with just one link, subject line reading "FYI "
"Please Visit'. And so I did.
What I found was a heart-wrenching and inspiring tribute to a friend , from one very special little girl to another, the latter, her earthly life recently stolen by violent crime.
As a recent image of a young and smiling Michaela Petit greeted me upon the opening web page, and my reflex was a deep and abiding heaviness of heart. But as I read on to the young web -master's introduction, my spirit lifted just a bit and I slowly realized that this was one of those times where the children of the world have something to teach their elders.
The young creator of the "Forever Michaela" website, Elizabeth Ollero, shares with us that the website was created, "so that people would not feel only sad" when thinking about her late friend Michaela Petit: Instead she hoped that they might recall and grow to know everything about her that was so special and beautiful. And although Michaela was clearly a pretty girl, this is a beauty of the inside variety we are led to see: A gentle and kind heart, a sensitivity that belied her years and a clear generosity of spirit and self.
Another goal of the website we are told, is to share with the world some of the causes that Michaela cared so deeply about, and in doing so, bring more attention and support to those and other causes through Michaela's kind and charitable example. Many of us have read about Michaela's older sister, Hayley and her fund-raising work on behalf of Multiple Sclerosis, a disease that her mom Jennifer was diagnosed with eight years before her murder.
Yet, not nearly as much has been written about Michaela's own philanthropic endeavors;
At just 11 years of age when she died, she didnt have as much time as her 17 year old counterpart to make this world a better place, but she did an incredible job for the brief time that she graced our world. For the past several years Michaela had become her sister's right hand with her impressive non-profit raising record amounts for Multiple Sclerosis, aptly dubbed "Hayley's hope".
Michaela was due to take over a good portion of the charity, as Hayley was attending Dartmouth in the fall. According to friends and family, she was very enthusiastic about inheriting the project, and had even chosen a name for the inherited venture -"Michaela's Miracle".
For years shed particpated in the annual M.S walks in Plainville, walking a great many miles in order to raise money for MS foundation, clearly important charity to the both the Petit clan and many others in the community stricken with this disease. She had also been involved with various animal charities, a cause that was also close to her heart.
Mentioned on the "Forever" web-site was that one of Michaela's last emails to her circle of friends was all about a new-found animal rescue charity that she cared deeply about. She asked friends to visit the website and use the "click for food option"-- a great way to help the homeless animals without having to spend money which she realized that not everyboy had.
Considering that this young girl was only 11 years old at her passing, this only makes her involvement with multiple good works that much more indicative of a uniquely kind and caring nature.
As I gazed upon the very last page of photos of Michaela, my heart was of course still heavy, knwoing that the world will never know such a uniquely caring and loving young lady.
The senseless and violent deaths of Michaela and her family will always confound and anger me.
But at the same time, today I began to feel something else - a small infusion of hope.
This hope was borne of the knowledge that the legacy of this kind and giving family lives on.
The world will continue to extract good from the evil that robbed this world of Michaela Jennifer and Hayley Petit And through this good, we continue to defeat the very evil that brought this all to bear.
And today these seeds were planted through the love and devotion of one little girl reaching out to the world with her dear friend's memory in tow.
"Be the Change that you wish to see in this world"
Michaela Petit's favorite quote on her Facebook page.
http://www.forevermichaela.com/
Dec 24, 2007
Dec 23, 2007
Abolish Parole
Here, here!
Just came across this gem of an article from The Times back in October, on the issue of Parole in Connecticut, as it relates to the Petit crimes, as well as crime in general.
I have to say while I am in wholehearted agreement with the author of this piece, knowing the behind the scenes politics that drive things here in the state of Connecticut I do not hold out much hope for the idea of Parole abolishment anytime in the near future.
And this is where I become discouraged regarding our Judicial system: There is far too much favor swapping and hand greasing that the average citizen will never become privy to, and unfortunately, this often powers important decisions such as if Paroling our criminals has become a liability to people of the Connecticut.
Just came across this gem of an article from The Times back in October, on the issue of Parole in Connecticut, as it relates to the Petit crimes, as well as crime in general.
I have to say while I am in wholehearted agreement with the author of this piece, knowing the behind the scenes politics that drive things here in the state of Connecticut I do not hold out much hope for the idea of Parole abolishment anytime in the near future.
And this is where I become discouraged regarding our Judicial system: There is far too much favor swapping and hand greasing that the average citizen will never become privy to, and unfortunately, this often powers important decisions such as if Paroling our criminals has become a liability to people of the Connecticut.
Dec 20, 2007
A Town Pays Tribute
I am truly moved by the spirit of the people of Cheshire Connecticut. In January, their towns-people, along with many others from all over the area will gather to honor The Petit family at the "Cheshire's lights of hope". A particularly fitting event at a time of year that is all about re-birth and renewel.
I have come to respect the Petit's more and more with every passing day. Their spirit of giving and altruism is clearly inspiring, as their legacy of good works is carried forward by so many well intentioned people, from within and outside of the state as well as all over the country. Money from the memorial will be donated to several charities, including The MS foundation, a pet project of Haley and Michaela Petit, whose earthly lives were taken this summer in a home invasion that rocked our state to its very core.
Through events like the "Cheshire lights of hope" and other such memorials held in the family's honor, The people of Cheshire have set about the difficult task of healing, both themselves as well as the sole survivor of this tragedy, Dr William Petit, a beloved member of the community, and I daresay now, the country as well.
.
The link above provides more details of the coming event.
I have come to respect the Petit's more and more with every passing day. Their spirit of giving and altruism is clearly inspiring, as their legacy of good works is carried forward by so many well intentioned people, from within and outside of the state as well as all over the country. Money from the memorial will be donated to several charities, including The MS foundation, a pet project of Haley and Michaela Petit, whose earthly lives were taken this summer in a home invasion that rocked our state to its very core.
Through events like the "Cheshire lights of hope" and other such memorials held in the family's honor, The people of Cheshire have set about the difficult task of healing, both themselves as well as the sole survivor of this tragedy, Dr William Petit, a beloved member of the community, and I daresay now, the country as well.
.
The link above provides more details of the coming event.
Dec 19, 2007
TheDay.com - Home-Invasion Survivor Urges Reforms
A more comprehensive article regarding Dr Petits impassioned email to State Judiciary members...
TheDay.com - Home-Invasion Survivor Urges Reforms
TheDay.com - Home-Invasion Survivor Urges Reforms
Recent rumblings Re Connecticut's Judicial crisis
Check out this article (title header link) and moreover the comments section on this piece in Connecticut local Politics' website, It contains some important information about some of the long standing heavy hitters on The Connecticut Judiciary committee and their stance on crime and related issues.
I find this comments section to be a consistent source of important Statewide political happenings, as well as intelligent discourse about them.... once you get past all of the bi-partisan bickering. I wish that we could put down our partisan swords here and fulfill the imperitive project on hand; fixing our states criminal judicial crisis; I personally am not concerned whether a Representative is Democrat or Republican, I do look at each members proffesional integrity and I resent an important member of The Judiciary committee using a (rather politically timely- released report about Connecticut's overall low crime rate, to bolster his propaganda that our Judicial system "works pretty well " and that "dramatic change is really not needed."
I'm assuming that Dr William Petit was also not happy with some of the spin tactics and dragging of feet of certain legislators. He has written an email to every member of the Judicial Committee regarding this very same issue, and the response was apparently swift, albeit somewhat generic. You can read a copy of his email as well as the official response from the mcdonald/lawlor camp below.
http://www.senatedems.ct.gov/pr/mcdonald-071218b.html
Bravo Dr Petit! We honor your dedication to this cause and I Am certain that the people of Connecticut appreciate your diligence regarding this important issue, in this, your time of healing.
I find this comments section to be a consistent source of important Statewide political happenings, as well as intelligent discourse about them.... once you get past all of the bi-partisan bickering. I wish that we could put down our partisan swords here and fulfill the imperitive project on hand; fixing our states criminal judicial crisis; I personally am not concerned whether a Representative is Democrat or Republican, I do look at each members proffesional integrity and I resent an important member of The Judiciary committee using a (rather politically timely- released report about Connecticut's overall low crime rate, to bolster his propaganda that our Judicial system "works pretty well " and that "dramatic change is really not needed."
I'm assuming that Dr William Petit was also not happy with some of the spin tactics and dragging of feet of certain legislators. He has written an email to every member of the Judicial Committee regarding this very same issue, and the response was apparently swift, albeit somewhat generic. You can read a copy of his email as well as the official response from the mcdonald/lawlor camp below.
http://www.senatedems.ct.gov/pr/mcdonald-071218b.html
Bravo Dr Petit! We honor your dedication to this cause and I Am certain that the people of Connecticut appreciate your diligence regarding this important issue, in this, your time of healing.
Dec 16, 2007
Cycle of violence
The above link brings an article that helps teach us how to help others that we suspect are being abused , this can be a coworker, a schoolmate, a neighbor, friend or an acquaintance.
If you're like a lot of people you're probably saying to yourself an acquaintance - a neighbor - is it really my place to interfere with the "troubles" of an acquaintance or a neighbor or even a casual friend.?
Simply put and emphatic yes. is the only answer here; seeing as how physical abuse is against the law whether against a child or an adult- it is all of our responsibility morally and legally.
While you might agree with the idea of mandatory reporting of a child being abused you might feel that its another story altogether when it is someones wife or girlfriend especially if the abuse has been ongoing and the abused person clearly hasn't left her abuser . Is it our place to interfere there when clearly this person doesn't want to leave?
Once you read the linked article you will better understand why victims of abuse do not "simply "leave" after the first episode of violence. or often even the second or third. There is a complex cycle that involves the emotional and psychological "breaking down" of the battered person, all part and parcel of why so many women do not flee their abusive partners early on.
A good idea is to give yourself a short course on the" battered woman syndrome" a term coined by Lenore Walker, a pioneer on the machinations of an abusive relationship; Ms Walker has interviewed, counseled studied and queried thousands of battered woman and abusive men, and in doing so has made landmark observations and discoveries about the nature of abusive relationships. She has written a multitude of essays, research papers and books, compiling all of the information that she has gathered and most of her books are very readable for the layperson. I recommend that every woman and teenage girl read about the cycle of violence http://ezinearticles.com/?Lenore-Walkers-Cycle-of-Violence&id=1366375
By Pulling back the curtain on the syndrome that many battered woman become caught up in, and the nearly absolute predictability of the MO the batterer, walker has changed the entire way that partner violence is understood and to a lesser extent, handled within our criminal justice system.
I once read a very apt quote by Voltaire that said "Evil exists, when good men do nothing." As dramatic as it sounds, this is really saying that apathy and complacency regarding other peoples suffering is as bad as causing the suffering. You ALONE can effect a change by educating yourself about the nature of abuse and making the following pledge;
'If I suspect that someone I know is being abused or is in danger of being abused, I will not ignore the situation due to reluctance or fear of getting "involved". I will report the abuse or the potential for abuse to the appropriate authorities and will thus avail myself of my local agencies/authorities and educate myself and my (age appropriate) loved ones about the best methods for safe intervention on behalf of an abused or endangered person.
If you are ready to go a farther with your awareness and involvement regarding abuse, you can also take a personal oath to:
- Always offer non judgemental and compassionate ear to anyone you suspect or know is being abused - Do not ever assume that because the abused person doesnt leave or in the case of dating violence, continues to be involved with her abuser, that she must " be okay with the abuse" or assume that the abuse cant be that bad" This assumption by friends family coworkers and even neighbors has helped ensure that many an abused person continues to be abused, often leading to severe permanent injury and or death.
- When a woman is in the midst of a battered syndrome, on any level, we must understand that there has been a type of brainwashing that has occurred and as such this victim is not going to make sound judgements like a healthy person who has been physically assaulted or threatened. She often cannot be reasoned with and in many instances, will recant testimony she's given to police, the courts or even confidences she shared with a family member or friend.
It is a prototypical scenario to have an abused friend confide to you that she has had her life threatened by a mate or someone she's involved with, or even admitted directly about incident of violence, only later to tell that same friend who is now poised to contact authorities etc., ' oh no I was exaggerating or he was drunk or were in counseling now its better, or he cried and was so sorry...Or the abused person might simply cut off the friendship or contact if it is a family member, regretting that she shared what was happening, sometimes out of fear of reprisal from the abuser.
We Must Learn what to do in these situations - the key to saving lives is taking action
at the earliest possible juncture, and this means when a women who has been threatened, stalked or actually assaulted in any way- including a push a shove- anything and has shared it with you, or you are privy to it or even strongly suspect it!
If it is not possible or safe for you to speak directly with the abused person, you should then confirm that they are under the guidance and protection of a social service/ advocate and/or law enforcement professional who can ascertain how they can ensure the persons fiture safety
While it is no secret that most of our courts clearly need a complete overhaul regarding how they view and deal with predators and those that commit violent crimes, we as a people, on an individual and community level can help this happen by beginning to re-think the entire issue of abuse/violent crime. Start with educating ourselves on matters surrounding individuals that would predate upon us and our loved ones, particularly our most vulnerable women and children.
Violent criminals and predators are out there and they are not going away. Too often, our complacency and unwillingness to think about "unpleasant things" serve as a predator's accomplice.
From serial rapists and murderers, to terrorists of the domestic variety, more often than we realize, these dangerous people live among us. They are not the boogeymen of our childhood nightmares, in fact they often look like us, innocuous and unassuming in appearance, which aids and abets their predatory habits
(ie they are more likely to be trusted. )
A classic example of this is the dateline' television series"To catch a Predator" : Most of those would- be pedophiles caught on tape traveling long distances to meet with children whom they've set up meets with, hoping to seduce them via the internet, are consistently average looking men, usually middle Class to upper middle class people. And as surprising, many were married with children of their own, even the men who were setting up liaisons with underage boys. This show only proves what we have suspected for quite some time; predators are often slick, manipulative and deceptive-all traits that are hallmarks of the sociopath persona, -the worst and most dangerous of the personality disorders, and a common finding in both serial murderer and rapists, as well as Batterers, along with narcissitic personality disorders.
In order to reduce violent crime we first must become aware of what defines violent crime; This will require some self education about all violent crime, including partner and intimate violence, child abuse and other crimes against children, sex crimes, and what is at the core of so many of these--power and control
Lastly, we need to learn the classic Predators Mode of Operating yes there is a "classic predator" He shares a good deal of traits with the common batterer and once you understand what makes them tick, you are at a distinct advantage for recognizing them and avoiding their clutches.
.
From all of this we will build a zero tolerance for violence within our communities, which will eventually force the hand of our judicial systems. Violent crime is the most serious crime that exists, despite what our current sentencing practices would seem to dictate -Not robbing a bank, not prostitution, nor using or dealing drugs. Violent crime leaves those "lucky" enough to survive fraught with a lifetime of trauma, pain and often shame. Once we truly honor what the victim of violence experiences, it is a natural progression to demand justice for them, this is the very least we can do. Within this kind of shift in our thinking we will begin to re-shape our society's mores and soon enough we will see a decline in violent crime in this country.
As the message becomes that all violence, no matter the relationship between assailant and victim, strangers or spouses will result in a dogged prosecution , conviction and prison sentence, violent crime will become more and more a rarity and the entire landscape of this country will change.
If you're like a lot of people you're probably saying to yourself an acquaintance - a neighbor - is it really my place to interfere with the "troubles" of an acquaintance or a neighbor or even a casual friend.?
Simply put and emphatic yes. is the only answer here; seeing as how physical abuse is against the law whether against a child or an adult- it is all of our responsibility morally and legally.
While you might agree with the idea of mandatory reporting of a child being abused you might feel that its another story altogether when it is someones wife or girlfriend especially if the abuse has been ongoing and the abused person clearly hasn't left her abuser . Is it our place to interfere there when clearly this person doesn't want to leave?
Once you read the linked article you will better understand why victims of abuse do not "simply "leave" after the first episode of violence. or often even the second or third. There is a complex cycle that involves the emotional and psychological "breaking down" of the battered person, all part and parcel of why so many women do not flee their abusive partners early on.
A good idea is to give yourself a short course on the" battered woman syndrome" a term coined by Lenore Walker, a pioneer on the machinations of an abusive relationship; Ms Walker has interviewed, counseled studied and queried thousands of battered woman and abusive men, and in doing so has made landmark observations and discoveries about the nature of abusive relationships. She has written a multitude of essays, research papers and books, compiling all of the information that she has gathered and most of her books are very readable for the layperson. I recommend that every woman and teenage girl read about the cycle of violence http://ezinearticles.com/?Lenore-Walkers-Cycle-of-Violence&id=1366375
By Pulling back the curtain on the syndrome that many battered woman become caught up in, and the nearly absolute predictability of the MO the batterer, walker has changed the entire way that partner violence is understood and to a lesser extent, handled within our criminal justice system.
I once read a very apt quote by Voltaire that said "Evil exists, when good men do nothing." As dramatic as it sounds, this is really saying that apathy and complacency regarding other peoples suffering is as bad as causing the suffering. You ALONE can effect a change by educating yourself about the nature of abuse and making the following pledge;
'If I suspect that someone I know is being abused or is in danger of being abused, I will not ignore the situation due to reluctance or fear of getting "involved". I will report the abuse or the potential for abuse to the appropriate authorities and will thus avail myself of my local agencies/authorities and educate myself and my (age appropriate) loved ones about the best methods for safe intervention on behalf of an abused or endangered person.
If you are ready to go a farther with your awareness and involvement regarding abuse, you can also take a personal oath to:
- Always offer non judgemental and compassionate ear to anyone you suspect or know is being abused - Do not ever assume that because the abused person doesnt leave or in the case of dating violence, continues to be involved with her abuser, that she must " be okay with the abuse" or assume that the abuse cant be that bad" This assumption by friends family coworkers and even neighbors has helped ensure that many an abused person continues to be abused, often leading to severe permanent injury and or death.
- When a woman is in the midst of a battered syndrome, on any level, we must understand that there has been a type of brainwashing that has occurred and as such this victim is not going to make sound judgements like a healthy person who has been physically assaulted or threatened. She often cannot be reasoned with and in many instances, will recant testimony she's given to police, the courts or even confidences she shared with a family member or friend.
It is a prototypical scenario to have an abused friend confide to you that she has had her life threatened by a mate or someone she's involved with, or even admitted directly about incident of violence, only later to tell that same friend who is now poised to contact authorities etc., ' oh no I was exaggerating or he was drunk or were in counseling now its better, or he cried and was so sorry...Or the abused person might simply cut off the friendship or contact if it is a family member, regretting that she shared what was happening, sometimes out of fear of reprisal from the abuser.
We Must Learn what to do in these situations - the key to saving lives is taking action
at the earliest possible juncture, and this means when a women who has been threatened, stalked or actually assaulted in any way- including a push a shove- anything and has shared it with you, or you are privy to it or even strongly suspect it!
If it is not possible or safe for you to speak directly with the abused person, you should then confirm that they are under the guidance and protection of a social service/ advocate and/or law enforcement professional who can ascertain how they can ensure the persons fiture safety
While it is no secret that most of our courts clearly need a complete overhaul regarding how they view and deal with predators and those that commit violent crimes, we as a people, on an individual and community level can help this happen by beginning to re-think the entire issue of abuse/violent crime. Start with educating ourselves on matters surrounding individuals that would predate upon us and our loved ones, particularly our most vulnerable women and children.
Violent criminals and predators are out there and they are not going away. Too often, our complacency and unwillingness to think about "unpleasant things" serve as a predator's accomplice.
From serial rapists and murderers, to terrorists of the domestic variety, more often than we realize, these dangerous people live among us. They are not the boogeymen of our childhood nightmares, in fact they often look like us, innocuous and unassuming in appearance, which aids and abets their predatory habits
(ie they are more likely to be trusted. )
A classic example of this is the dateline' television series"To catch a Predator" : Most of those would- be pedophiles caught on tape traveling long distances to meet with children whom they've set up meets with, hoping to seduce them via the internet, are consistently average looking men, usually middle Class to upper middle class people. And as surprising, many were married with children of their own, even the men who were setting up liaisons with underage boys. This show only proves what we have suspected for quite some time; predators are often slick, manipulative and deceptive-all traits that are hallmarks of the sociopath persona, -the worst and most dangerous of the personality disorders, and a common finding in both serial murderer and rapists, as well as Batterers, along with narcissitic personality disorders.
In order to reduce violent crime we first must become aware of what defines violent crime; This will require some self education about all violent crime, including partner and intimate violence, child abuse and other crimes against children, sex crimes, and what is at the core of so many of these--power and control
Lastly, we need to learn the classic Predators Mode of Operating yes there is a "classic predator" He shares a good deal of traits with the common batterer and once you understand what makes them tick, you are at a distinct advantage for recognizing them and avoiding their clutches.
.
From all of this we will build a zero tolerance for violence within our communities, which will eventually force the hand of our judicial systems. Violent crime is the most serious crime that exists, despite what our current sentencing practices would seem to dictate -Not robbing a bank, not prostitution, nor using or dealing drugs. Violent crime leaves those "lucky" enough to survive fraught with a lifetime of trauma, pain and often shame. Once we truly honor what the victim of violence experiences, it is a natural progression to demand justice for them, this is the very least we can do. Within this kind of shift in our thinking we will begin to re-shape our society's mores and soon enough we will see a decline in violent crime in this country.
As the message becomes that all violence, no matter the relationship between assailant and victim, strangers or spouses will result in a dogged prosecution , conviction and prison sentence, violent crime will become more and more a rarity and the entire landscape of this country will change.
Dec 15, 2007
Mike Lawlor: Connecticut's Public enemy Number One
http://www.stamfordadvocate.com/news/local/scn-sa-report2dec12,0,6967608.story?track=rss
Connecticut Representative Mike Lawlor (-D East haven) is quoted in the above article saying .. "We do not need dramatic change within Connecticut's' judicial system. "In fact, he goes on to say, it works pretty well" and he cautions against "hasty-- and costly reforms. "
This is the Co-Chair of Connecticut's Judiciary Committee folks! Charged with one of the most important jobs given any Representative of this state:In effect, keeping it's citizens safe from crime, particularly violent crime such as befell the Petit family of Cheshire this past July.
This brutal set of crimes, we have come to discover, was a direct result of Connecticut's long-inefficient judicial system, among which the Parole board, is but one culprit. The facts are that
The two career criminals that committed the assaults and murders of Jennifer, Haley and Michaela Rose Petit should have;a) Not been given the many plea deals and accompanying light sentences that they were given for their multitude of felonious crimes committed against the people of Connecticut.
b) never been given early release parole, particularly after the more dangerous of the two offenders (komsarjevsky) had served little more than one third of his original sentence, and the other ( hayes) had served approximately one half-- the latter with multiple violations and write-ups both in prison and halfway house.
And c) once they were so recklessly paroled, the tracking device on Mr Komisarjevsky warranted the more sophisticated gps tracking system by the state, and remianed on his person for an extended time period. His history dictated a life long pattern of thrill seeking night time home invasions, with disconcerting stalking behaviors of his victims, prior to breaking in to thier homes.
The gps device could have served as a clear deterrent to resuming these very dangerous crimes. The day after his plain tracking bracelet WAS removed by the state, Mr Komisarjevsky immediately resumed break ins,this time with Mr hayes in tow, escalating to assault, sexual assault grand larceny and multiple murder.
Nnne of this even begins to address the fact that the Connecticut Parole board had not been in possession of, nor asked for the "prerequisite " sentencing transcripts of either criminals recent sentencing hearings, before making the critical decision to parole these two chronic offenders.
And parole was granted none the less with the offenders in absentia- This reffered to as administrative Parole, is the preffered method of Parole decision in Connecticut. "board decides which prisoners they will release back into our communities albeit rather randomly as it is without benifit of the actual criminal in front of them, and very little of his criminal history for that matter!This lack of essential information sharing,we are now told, has been going on for years purportedly due to unresolved intra-departmental disagreements regarding who is to pick up the copying costs of said records!
Those in the know claim this "oversight" to be classic of many of our Connecticut court's daily Mode of operandi; indifference, laziness and arrogant recklessness.
And while this grave en-masse dereliction of duty doesn't surprise me, a former victim of violent crime and witness to such protocol within our courts, it has surprised and infuriated many voting residents who had wrongly assumed our Judicial system was proficient, if not vigilant, in protecting the public from career criminals like Mr hayes and komisarjevsky.
Mr Lawlors irresponsible words, and moreover, the sentiment that they clearly contain, are decidedly a bad omen for the people of this state. We must let Governor Rell and our legislators know-in no uncertain terms, that this "see no evil, hear no evil" protect the status quo, is no longer acceptable.
How is the already-challenging task of state wide judicial reform to take place when those deigned to oversee this reform are preemptively invalidating the need for such? Simply put, It cant and it wont.
Governor Rell was already in the unenviable position of convincing her Connecticut citizens that her tough words and her special task forces are not merely political analgesic for the masses,thrown together in attempt to assuage the growing fervor over our states recently exposed judicial inefficiencies,
Mr Lawlors words and indeed his posture regarding this crucial issue, are making it difficult to trust that our states commitment to this cause is genuine and complete.
Get out your keyboards your pens and pick up your phones.This issue is a matter of life and death.
Dec 11, 2007
Crime Hearings Roundup
This is a Great site for all things political in Connecticut- Including, Judiciary Commitee and Reform hearing information.
This particular article is about the Judiciary hearings, but there is a constant stream of good intel, not only in the posts but also within the comments sections-(with the exception of an occasional message-board -crazy that is..) Crime Hearings Roundup
This particular article is about the Judiciary hearings, but there is a constant stream of good intel, not only in the posts but also within the comments sections-(with the exception of an occasional message-board -crazy that is..) Crime Hearings Roundup
Dec 6, 2007
Dec 5, 2007
Connecticut General Assembly - Judiciary Committee Testimony for 11/27/2007
Connecticut General Assembly - Judiciary Committee Testimony for 11/27/2007
A great find! The full transcripts of the testimony of day one of the judicial hearings in hartford- and they are seperated by speaker!
This allows you to simply click on whatever organization or individual that you are most interested in hearing and read away. I do suggest that you read as many speakers transcripts as possible in order to get the most accurate picture of where everyone stands.
And remember; Letters and emails can be sent accordingly, to those folks who appear to be a weak link in the pursuit of genuine judicial reform.
As you will see, there are some very diverse opinions (along with underlying agendas) regarding what approach should or should not be taken in Connecticuts pursuit of Judical reform.
I particularly liked the families of homicide victims speaker made a lot of good sense, as I expected.
I am presently working on a "Victims Manifesto" that I would like to submit to this commitee that is entrusted with overseeing the states judicial Reformation.
I will be posting it here as well...
A great find! The full transcripts of the testimony of day one of the judicial hearings in hartford- and they are seperated by speaker!
This allows you to simply click on whatever organization or individual that you are most interested in hearing and read away. I do suggest that you read as many speakers transcripts as possible in order to get the most accurate picture of where everyone stands.
And remember; Letters and emails can be sent accordingly, to those folks who appear to be a weak link in the pursuit of genuine judicial reform.
As you will see, there are some very diverse opinions (along with underlying agendas) regarding what approach should or should not be taken in Connecticuts pursuit of Judical reform.
I particularly liked the families of homicide victims speaker made a lot of good sense, as I expected.
I am presently working on a "Victims Manifesto" that I would like to submit to this commitee that is entrusted with overseeing the states judicial Reformation.
I will be posting it here as well...
Dec 4, 2007
Justice In The Dock After Cheshire -- Courant.com
The Courant, writes a piece summing up the two days of Judicial/ Sentencing reform hearings. Worth a look...
Justice In The Dock After Cheshire -- Courant.com
Justice In The Dock After Cheshire -- Courant.com
New Haven Independent;Walker questions post-Petit proposals
This New Haven Independent Judiciary Reform Hearings Hartford piece in the Independent has a solid opine on the Judiciary Reform hearings in Hartford Connecticut.
I warn you, the general consensus within this article is not encouraging, especially if one reads between the lines. When will some of these people, who have been entrusted to review our current judicial crisis, realize that the priority must be public safety- and not money?
The biggest concern with too many legislators and judiciary committee members within these hearings seem to be prison overcrowding and avoiding the need to build even one more prison within the state.
It is this type of thinking that has resulted in our states ineffectual and willy nilly sentencing practices early release Parole adds insult to injury as our Parole board regularly paroled inmates without the inmate present nor his criminal records in tow!
We are a relatively wealthy state and the right to personal safety is just that - -a right, not a privilege.Yet our legislature continues to follow its own agenda and ignore common sense putting its citizens in danger with a 97 percent plea deal resolution for all crime including violent assault sexual assault child abduction and sexual assault and even murder.
I also cannot be emphatic enough that the prospect of a three strikes law is not THE sole ANSWER to our states judicial woes. We have a persistent offender law on the books in Connecticut and it is rarely if ever used. Our prosecutors are deciding what if any prison time a defendant will receive.
Connecticut residents need to understand what it means in actual crimes committed to wind up with just one felony conviction. If they did, they would surely realize that we don't want a cookie-cutter three strikes law, translates into three felony convictions finally equals a serious term incarcerated.
Mostly unknown to the general public, the state of Connecticut already has a modified version of the California three strikes bill. In effect, it gives the prosecutor the discretionary privilege to sentence a three time CONVICTED felony offender with a life term. Be aware however that this is a prosecutorial option that is rarely, if ever used in our courts, rendering it a sentencing law in name only.
And herein lies another big part of the problem; Too many judges in Connecticut courts have somehow become relegated to little more than officiaries, simply giving a perfunctory nod to a predetermined DEAL struck between the prosecutor and the criminals defense attorney, prior to each hearing.
Rarely if ever, do most judges refuse a deal that the prosecutor has made with defendant's lawyer. ("... The State has offered....") And even less often will a judge go completely against the suggestion of the prosecutor for the disposition of that case.
In many cases, the presiding judge does not even read the complete file of a violent offender that is before him for said violent offense. It is the prosecutors who are controlling the dispensation of justice in most of our courts, all too often their motives will lie with conviction rates (no matter how reduced the charge) and docket clearing, not to mention factors such as cronyism within the local legal community, something I will not even begin to address within this post.
The sad reality is this- What takes place in many Connecticut courts on a day to day basis is a farce that in no way resembles the justice that we as law abiding, tax paying citizens expect. Unfortunately most people do not become aware of how poorly our court systems run, until they or someone they love becomes a victim of crime.
With this new found awareness, we cannot continue to stand idly by as serious criminals walk free, day in and day out for violent offenses and even crimes against children.
Approximately 2 percent of all violent crime offenses in our state ever go to trial. The rest are systematically nolled, dismissed outright, plead down, or given something called "Accelerated Rehabilitation" Within the year 1999-2000, I was informed by my court appointed victims advocate that she was aware of only 2 cases that went to trial within the entire domestic violence docket within that court. The others, like my case (which began with 2 violent felonies and 2 class A misdemeanors- was plead down to three two misdemeanors) are given reduced charges and dropped charges within a "plea deal " where the victim has no real say over the end result of his/her case, although her/his broken body and psyche are in essence the very embodiment of that crime.
Even worse than this was the fact that I was told repeatedly-by victims advocates, local police and probation personnel , that my case was one of the better outcomes..
Sure enough, after some research and conducting my own personal court -watch -of -sorts, I discovered that they were indeed correct; Many many violent crime cases and the charges within them, are dropped outright, nolled or given A.R-as so called "first time offenders" by the prosecutor. This can happen for a variety of reasons; ( bad ones all...) If the criminal in question has lawyered up with an attorney whose basically wearing down the prosecutor (and the court) by refusing to plea thereby forcing a trial in effect, And from where I stood as a victim, the prosecutors seemed to dread the prospect of trial- and the accompanying work load- and avoid it at all costs.
This gives a halfway savvy attorney, the ability to in effect blackmail that prosecutor (especially one that is indifferent or unmotivated ) Dozens of continuances (extension of dates for the defendants next hearings that can serve as little more than procrastination for the defense,and sometimes even the state) clog up the court and sooner or later everyone becomes eager to get rid of the case.
No matter how heinous it seemed (and was) at the outset: "the shine comes off the apple" This is an actual quote from an attorney in the greater Bridgeport area, in reference to the back sliding of prosecutorial zeal for my case from the severe assault kidnapp to the 10 month later disposition of it.
And for the record, despite inflicting brain stem damage and severe inner ear damage on me, the man that committed these crimes received zero prison time (a "suspended 3 yr sentence"with probation)
He was not even made to plead guilty to one of the two felonies that the police so carefully charged him with in their warrant. Instead he was offered a plea deal by the state which allowed to plead down to drastically reduced charges that became mere misdemeanors. After all, they told me ... he is a "first time" offender. ( this despite an AR on his record that could not be OPENED/NOR used in court, as well as a conviction for check forgery-( non violent/ "doesn't count" according to prosecutor.)
This same man also had committed another serious offense at the age of 17, and that record was also sealed therefore inadmissible in sentencing, due to juvenile status. The point is that this was decidedly not a "first time offender" he was well known by the local police in town, and yet our lax justice system designated him this, at the time that he very nearly took my life in March of 2000.
A.R. is a program that was created for the "first time" offender. Now this may be technically a first time offender, for remember, as I have shown, he/she could have been arrested various times. But if they were "minor charges" (including assault or robbery) the defendant could have easily had those first charges dismissed or nolled, and therefore no official record exists. This is not a fluke, it is nearly commonplace in many courts, especially the busiest ones with high criminal traffic such as Bridgeport, which serves parts of Fairfield county.
And When a charge does finally stick they can be given a third, or even fourth, "gift" by the state with the offer of ACCELERATED REHABILITATION. The consequence for the convicted of this amounts to a sealed record for one year, and if the criminal in question does not commit another crime within that time period, the record is sealed permanently and in effect nolled. This mean the charges may not ever be used again in the court to their detriment if and when they re-offend.
Are we getting the picture here folks...?
Let's take an example of a criminal who's actually committed three crimes still has not a criminal record to their name-meaning nothing officially exists in their name in the event that they now commit a serious felony. For the sake of argument lets say assault in the 2nd degree again-which remember is a serious injury assault and requires medical documentation for the police to use this charge. Possibly this criminal might, I emphasize might, wind up, with a lowered charge from the crime they actually committed, ie; an assault in the 2nd degree would be nearly automatically be dropped in the court's plea bargain auto pilot system. And voila! The possible worst case scenario for that person, (who committed serious bodily harm to another) is that they will wind up now with an assault in the THIRD on their criminal record!
By the way this charge is a misdemeanor and although technically the prosecutor could give jail time for this charge- they simply don't. If there is not a felony conviction, there is rarely ever prison involved. More than likely, this by now multiple violent offender will be given an anger management or counseling order from the court for a maximum of 6 months. Again there is a 12 month program but it is almost never mandated by the court.
If the prosecutor is tough or he is not friendly with the defense attorney, he might give community service or probation for a year or so. This equates to meeting with a probation officer once a month to check in for 15 minutes or so.
Understand that the criminal in this example of mine has in fact seriously harmed another person two to three times, committed a serious felonious assault the last time- ( remember; this charge generally requires medical documentation illustrating serious injury, such as the head injury that Dr Petit suffered at the hands of komisarjevsky and Hayes, or my TBI w/brain stem damage and severe cochlear inner ear
damage
In an insult to public safety this criminal is now running around Connecticut with a misdemeanor record, which on paper appears at most that they slapped or pushed a person, when in reality they may have nearly killed a person!
And yet, neither you, nor I, nor the police in the town that he next commits a crime in, would ever know this by the official criminal record that they have accrued thus far.
With all of this in mind please note what it actually would take for this same criminal to get an actual felony conviction on their record. They will have to again harm another person quite severely to get charges with a felony assault, and once again, it will undoubtedly become a plea bargained lowered charge of misdemeanor assault. Even if by a fluke that counters the norm, they get a tough prosecutor or judge who says, " oh no, you will plead to this felony this time buddy..." this criminal will still only get this one felony on their record now.
The three strikes proponents suggest that this person gets two more shots at really hurting someone before he receives any serious prison time.
I have not yet addressed the issue of criminals committing multiple felonies within one set of crimes
.
What is rote practice here, I was told by the prosecutors handling my case, is that out of the two serious felonies my assailant committed against me, they would HAVE TO DROP ONE, as well as both of the additional two class one misdemeanors in a "deal" if we expected him to plead guilty to just one single felony! This was but one of many unofficial unspoken pre-trial/ plea deal rules of engagement between the state and the attorneys. And by playing ball" like this daily they continue to infuse money into this revolving door court system where justice doesn't live anymore.
Do we really want this clearly dangerous person to get two more such "freebies" in effect allowing a pass on two felonious assaults before the court now considers serious prison time?Who would volunteer to be this criminals number one and number two victim ?
As I have just illustrated, the reality is that there would be a handful of victims before this criminal is even given his/her " first strike"! Is this the value that we give our lives and our physical safety in the state of Connecticut?
Of course I recognize that this issue transcends a problem simply within our state. There has been widespread indifference, apathy and denial on a national level that has contributed to this current state of affairs. However, certain states are renown for being progressive and vigilant in their commitment against violent crime, including domestic violence, (one of the leading causes of homicide for women) But sadly and unfortunately, Connecticut has not been one of them.
I propose that we use the tragedy of the Petit family murders as a catalyst for the reformation of a new strong, intelligent judicial system for our State. I cannot think of a better way to honor this fallen family than to create a system that might someday become a blueprint for judicial reform, perhaps even emulated by other States.
It speaks of us as a government and a people, that we learn from tragedies caused by our prior mistakes and indifference. To me, it is inconceivable that we do not.
.
. Simply put, our courts need an overhaul, and this must be done with an intelligent multi- level approach. It will need to involve many changes, including the re-training and re education of prosecutors advocates lawyers and judges alike regarding the psychology of crime and patterns of criminal behavior. Much of this has been long documented and utilized by the country's intelligence community. And many states are using professional criminologists more and more.
If 9/10ths of our "justice" is taking place behind closed doors in plea deal offers rather than in a courtroom trial setting, then this is where the training and education must be.
Most essential would be knowledge re the kinds of pre-cursor crimes that often lead up to more serious violent and or sexual crime from certain types of criminals. Tragically This kind of education would have served the Connecticut Parole board well, in the handling of Joshua komisarjevsky( co murderer of the Petit women.) It also would have helped the judge at his sentencing hearing.
From reading the sentencing transcripts, one can see that the prosecutor in that case was very aware of the dangerous signposts within komisarjevskys criminal patterns at the time of his arrest and sentencing.It would seem that he was quite responsible and tenacious in his suggestions to the court-judge-regarding his opinions on the danger that he felt komisarjevsky posed to the public. And although I feel strongly considering the type and the multitude of robberies he committed , komisarjevsky should have gotten a longer sentence
In re-creating our justice system we must be develop a built in roadblock to previously tried and true methods used by career criminals and their paid defense attorneys, to manipulate the system to the point where the entire judicial process is held hostage in effect by advantageous manipulative wiles of criminal defense attorneys.
The Petit family murders has brought this huge issue into the light for many citizens of Connecticut. So many people relate to the Petits as a family and as like minded individuals trying to live their lives with responsibility to their neighbors, communities and families.
These were good people, who were in essence slaughtered in their own home while going about their peaceful honest lives.
This was a crime against women and children and humanity. I believe that there was a clear hatred and disdain for what was perceived as affluence or privilege. And The sad and ironic reality was that the Petit's were in fact kind conscientious, generous counter-snobs that cared very much for those on the furthest fringes of society.
This family was targeted in a place where they believed themselves to be safe-a supermarket shopping for their family dinner. We all recognize that this could have been any of us, spotted, stalked and followed home, with evil intent to harm and extort whatever could be taken from us- then to brutally and cruelly get rid of us.
We cannot bring back the Petit girls and their mom, Jennifer, but we most certainly can ensure that something like this is as least less likely to happen in our State ever again.
The men that assaulted and murdered this family had been convicted of almost forty crimes between the two of them. Knowing what you now know about what it actually takes for someone to be convicted of just one felony,- how many free passes our state routinely gives criminals prior to finally winding up with a felony charge then you see how bad off a criminal like komisarjevsky was to have accrued 26 felonious convictions!
We've all read what their sentences were supposed to have been, and yet Komisarjevsky served in fact only a third of the judges ordered sentence. If he or Steven Hayes ,had served their full sentence, sentences which were extremely lenient to begin with, the Petit family murders would not have occurred. Dr Petit and family would be whole and with us. And this crime is not an anomaly as our legislators would have us believe. Its a wonder it didnt happen sooner considering the Parole board practices combined with programs like the early release which Mike Lawlor advocated for. .
PLEASE GET INVOLVED WITH THIS CRUCIAL ISSUE;
Talk about it, bring IT into your lives and the public forum. Deluge your local legislators/ Representatives with letters and/or petitions expressing your concern and the DEMAND For multi-level judicial reform in THE state of Connecticut.
Use your voting power come election time. From our local legislators to our Governor, we must be willing to cross political lines when VOTING as crime and safety are top issues.Check your town or city's Reps position on all bills being voted upon. This can be found on the CGA website look under rollcall for any bill to do with crime. This will show you how every member of the house and the senate voted on each law.
New Haven Independent: Walker Questions Post-Petit Proposals
I warn you, the general consensus within this article is not encouraging, especially if one reads between the lines. When will some of these people, who have been entrusted to review our current judicial crisis, realize that the priority must be public safety- and not money?
The biggest concern with too many legislators and judiciary committee members within these hearings seem to be prison overcrowding and avoiding the need to build even one more prison within the state.
It is this type of thinking that has resulted in our states ineffectual and willy nilly sentencing practices early release Parole adds insult to injury as our Parole board regularly paroled inmates without the inmate present nor his criminal records in tow!
We are a relatively wealthy state and the right to personal safety is just that - -a right, not a privilege.Yet our legislature continues to follow its own agenda and ignore common sense putting its citizens in danger with a 97 percent plea deal resolution for all crime including violent assault sexual assault child abduction and sexual assault and even murder.
I also cannot be emphatic enough that the prospect of a three strikes law is not THE sole ANSWER to our states judicial woes. We have a persistent offender law on the books in Connecticut and it is rarely if ever used. Our prosecutors are deciding what if any prison time a defendant will receive.
Connecticut residents need to understand what it means in actual crimes committed to wind up with just one felony conviction. If they did, they would surely realize that we don't want a cookie-cutter three strikes law, translates into three felony convictions finally equals a serious term incarcerated.
Mostly unknown to the general public, the state of Connecticut already has a modified version of the California three strikes bill. In effect, it gives the prosecutor the discretionary privilege to sentence a three time CONVICTED felony offender with a life term. Be aware however that this is a prosecutorial option that is rarely, if ever used in our courts, rendering it a sentencing law in name only.
And herein lies another big part of the problem; Too many judges in Connecticut courts have somehow become relegated to little more than officiaries, simply giving a perfunctory nod to a predetermined DEAL struck between the prosecutor and the criminals defense attorney, prior to each hearing.
Rarely if ever, do most judges refuse a deal that the prosecutor has made with defendant's lawyer. ("... The State has offered....") And even less often will a judge go completely against the suggestion of the prosecutor for the disposition of that case.
In many cases, the presiding judge does not even read the complete file of a violent offender that is before him for said violent offense. It is the prosecutors who are controlling the dispensation of justice in most of our courts, all too often their motives will lie with conviction rates (no matter how reduced the charge) and docket clearing, not to mention factors such as cronyism within the local legal community, something I will not even begin to address within this post.
The sad reality is this- What takes place in many Connecticut courts on a day to day basis is a farce that in no way resembles the justice that we as law abiding, tax paying citizens expect. Unfortunately most people do not become aware of how poorly our court systems run, until they or someone they love becomes a victim of crime.
With this new found awareness, we cannot continue to stand idly by as serious criminals walk free, day in and day out for violent offenses and even crimes against children.
Approximately 2 percent of all violent crime offenses in our state ever go to trial. The rest are systematically nolled, dismissed outright, plead down, or given something called "Accelerated Rehabilitation" Within the year 1999-2000, I was informed by my court appointed victims advocate that she was aware of only 2 cases that went to trial within the entire domestic violence docket within that court. The others, like my case (which began with 2 violent felonies and 2 class A misdemeanors- was plead down to three two misdemeanors) are given reduced charges and dropped charges within a "plea deal " where the victim has no real say over the end result of his/her case, although her/his broken body and psyche are in essence the very embodiment of that crime.
Even worse than this was the fact that I was told repeatedly-by victims advocates, local police and probation personnel , that my case was one of the better outcomes..
Sure enough, after some research and conducting my own personal court -watch -of -sorts, I discovered that they were indeed correct; Many many violent crime cases and the charges within them, are dropped outright, nolled or given A.R-as so called "first time offenders" by the prosecutor. This can happen for a variety of reasons; ( bad ones all...) If the criminal in question has lawyered up with an attorney whose basically wearing down the prosecutor (and the court) by refusing to plea thereby forcing a trial in effect, And from where I stood as a victim, the prosecutors seemed to dread the prospect of trial- and the accompanying work load- and avoid it at all costs.
This gives a halfway savvy attorney, the ability to in effect blackmail that prosecutor (especially one that is indifferent or unmotivated ) Dozens of continuances (extension of dates for the defendants next hearings that can serve as little more than procrastination for the defense,and sometimes even the state) clog up the court and sooner or later everyone becomes eager to get rid of the case.
No matter how heinous it seemed (and was) at the outset: "the shine comes off the apple" This is an actual quote from an attorney in the greater Bridgeport area, in reference to the back sliding of prosecutorial zeal for my case from the severe assault kidnapp to the 10 month later disposition of it.
And for the record, despite inflicting brain stem damage and severe inner ear damage on me, the man that committed these crimes received zero prison time (a "suspended 3 yr sentence"with probation)
He was not even made to plead guilty to one of the two felonies that the police so carefully charged him with in their warrant. Instead he was offered a plea deal by the state which allowed to plead down to drastically reduced charges that became mere misdemeanors. After all, they told me ... he is a "first time" offender. ( this despite an AR on his record that could not be OPENED/NOR used in court, as well as a conviction for check forgery-( non violent/ "doesn't count" according to prosecutor.)
This same man also had committed another serious offense at the age of 17, and that record was also sealed therefore inadmissible in sentencing, due to juvenile status. The point is that this was decidedly not a "first time offender" he was well known by the local police in town, and yet our lax justice system designated him this, at the time that he very nearly took my life in March of 2000.
A.R. is a program that was created for the "first time" offender. Now this may be technically a first time offender, for remember, as I have shown, he/she could have been arrested various times. But if they were "minor charges" (including assault or robbery) the defendant could have easily had those first charges dismissed or nolled, and therefore no official record exists. This is not a fluke, it is nearly commonplace in many courts, especially the busiest ones with high criminal traffic such as Bridgeport, which serves parts of Fairfield county.
And When a charge does finally stick they can be given a third, or even fourth, "gift" by the state with the offer of ACCELERATED REHABILITATION. The consequence for the convicted of this amounts to a sealed record for one year, and if the criminal in question does not commit another crime within that time period, the record is sealed permanently and in effect nolled. This mean the charges may not ever be used again in the court to their detriment if and when they re-offend.
Are we getting the picture here folks...?
Let's take an example of a criminal who's actually committed three crimes still has not a criminal record to their name-meaning nothing officially exists in their name in the event that they now commit a serious felony. For the sake of argument lets say assault in the 2nd degree again-which remember is a serious injury assault and requires medical documentation for the police to use this charge. Possibly this criminal might, I emphasize might, wind up, with a lowered charge from the crime they actually committed, ie; an assault in the 2nd degree would be nearly automatically be dropped in the court's plea bargain auto pilot system. And voila! The possible worst case scenario for that person, (who committed serious bodily harm to another) is that they will wind up now with an assault in the THIRD on their criminal record!
By the way this charge is a misdemeanor and although technically the prosecutor could give jail time for this charge- they simply don't. If there is not a felony conviction, there is rarely ever prison involved. More than likely, this by now multiple violent offender will be given an anger management or counseling order from the court for a maximum of 6 months. Again there is a 12 month program but it is almost never mandated by the court.
If the prosecutor is tough or he is not friendly with the defense attorney, he might give community service or probation for a year or so. This equates to meeting with a probation officer once a month to check in for 15 minutes or so.
Understand that the criminal in this example of mine has in fact seriously harmed another person two to three times, committed a serious felonious assault the last time- ( remember; this charge generally requires medical documentation illustrating serious injury, such as the head injury that Dr Petit suffered at the hands of komisarjevsky and Hayes, or my TBI w/brain stem damage and severe cochlear inner ear
damage
In an insult to public safety this criminal is now running around Connecticut with a misdemeanor record, which on paper appears at most that they slapped or pushed a person, when in reality they may have nearly killed a person!
And yet, neither you, nor I, nor the police in the town that he next commits a crime in, would ever know this by the official criminal record that they have accrued thus far.
With all of this in mind please note what it actually would take for this same criminal to get an actual felony conviction on their record. They will have to again harm another person quite severely to get charges with a felony assault, and once again, it will undoubtedly become a plea bargained lowered charge of misdemeanor assault. Even if by a fluke that counters the norm, they get a tough prosecutor or judge who says, " oh no, you will plead to this felony this time buddy..." this criminal will still only get this one felony on their record now.
The three strikes proponents suggest that this person gets two more shots at really hurting someone before he receives any serious prison time.
I have not yet addressed the issue of criminals committing multiple felonies within one set of crimes
.
What is rote practice here, I was told by the prosecutors handling my case, is that out of the two serious felonies my assailant committed against me, they would HAVE TO DROP ONE, as well as both of the additional two class one misdemeanors in a "deal" if we expected him to plead guilty to just one single felony! This was but one of many unofficial unspoken pre-trial/ plea deal rules of engagement between the state and the attorneys. And by playing ball" like this daily they continue to infuse money into this revolving door court system where justice doesn't live anymore.
Do we really want this clearly dangerous person to get two more such "freebies" in effect allowing a pass on two felonious assaults before the court now considers serious prison time?Who would volunteer to be this criminals number one and number two victim ?
As I have just illustrated, the reality is that there would be a handful of victims before this criminal is even given his/her " first strike"! Is this the value that we give our lives and our physical safety in the state of Connecticut?
Of course I recognize that this issue transcends a problem simply within our state. There has been widespread indifference, apathy and denial on a national level that has contributed to this current state of affairs. However, certain states are renown for being progressive and vigilant in their commitment against violent crime, including domestic violence, (one of the leading causes of homicide for women) But sadly and unfortunately, Connecticut has not been one of them.
I propose that we use the tragedy of the Petit family murders as a catalyst for the reformation of a new strong, intelligent judicial system for our State. I cannot think of a better way to honor this fallen family than to create a system that might someday become a blueprint for judicial reform, perhaps even emulated by other States.
It speaks of us as a government and a people, that we learn from tragedies caused by our prior mistakes and indifference. To me, it is inconceivable that we do not.
.
. Simply put, our courts need an overhaul, and this must be done with an intelligent multi- level approach. It will need to involve many changes, including the re-training and re education of prosecutors advocates lawyers and judges alike regarding the psychology of crime and patterns of criminal behavior. Much of this has been long documented and utilized by the country's intelligence community. And many states are using professional criminologists more and more.
If 9/10ths of our "justice" is taking place behind closed doors in plea deal offers rather than in a courtroom trial setting, then this is where the training and education must be.
Most essential would be knowledge re the kinds of pre-cursor crimes that often lead up to more serious violent and or sexual crime from certain types of criminals. Tragically This kind of education would have served the Connecticut Parole board well, in the handling of Joshua komisarjevsky( co murderer of the Petit women.) It also would have helped the judge at his sentencing hearing.
From reading the sentencing transcripts, one can see that the prosecutor in that case was very aware of the dangerous signposts within komisarjevskys criminal patterns at the time of his arrest and sentencing.It would seem that he was quite responsible and tenacious in his suggestions to the court-judge-regarding his opinions on the danger that he felt komisarjevsky posed to the public. And although I feel strongly considering the type and the multitude of robberies he committed , komisarjevsky should have gotten a longer sentence
In re-creating our justice system we must be develop a built in roadblock to previously tried and true methods used by career criminals and their paid defense attorneys, to manipulate the system to the point where the entire judicial process is held hostage in effect by advantageous manipulative wiles of criminal defense attorneys.
The Petit family murders has brought this huge issue into the light for many citizens of Connecticut. So many people relate to the Petits as a family and as like minded individuals trying to live their lives with responsibility to their neighbors, communities and families.
These were good people, who were in essence slaughtered in their own home while going about their peaceful honest lives.
This was a crime against women and children and humanity. I believe that there was a clear hatred and disdain for what was perceived as affluence or privilege. And The sad and ironic reality was that the Petit's were in fact kind conscientious, generous counter-snobs that cared very much for those on the furthest fringes of society.
This family was targeted in a place where they believed themselves to be safe-a supermarket shopping for their family dinner. We all recognize that this could have been any of us, spotted, stalked and followed home, with evil intent to harm and extort whatever could be taken from us- then to brutally and cruelly get rid of us.
We cannot bring back the Petit girls and their mom, Jennifer, but we most certainly can ensure that something like this is as least less likely to happen in our State ever again.
The men that assaulted and murdered this family had been convicted of almost forty crimes between the two of them. Knowing what you now know about what it actually takes for someone to be convicted of just one felony,- how many free passes our state routinely gives criminals prior to finally winding up with a felony charge then you see how bad off a criminal like komisarjevsky was to have accrued 26 felonious convictions!
We've all read what their sentences were supposed to have been, and yet Komisarjevsky served in fact only a third of the judges ordered sentence. If he or Steven Hayes ,had served their full sentence, sentences which were extremely lenient to begin with, the Petit family murders would not have occurred. Dr Petit and family would be whole and with us. And this crime is not an anomaly as our legislators would have us believe. Its a wonder it didnt happen sooner considering the Parole board practices combined with programs like the early release which Mike Lawlor advocated for. .
PLEASE GET INVOLVED WITH THIS CRUCIAL ISSUE;
Talk about it, bring IT into your lives and the public forum. Deluge your local legislators/ Representatives with letters and/or petitions expressing your concern and the DEMAND For multi-level judicial reform in THE state of Connecticut.
Use your voting power come election time. From our local legislators to our Governor, we must be willing to cross political lines when VOTING as crime and safety are top issues.Check your town or city's Reps position on all bills being voted upon. This can be found on the CGA website look under rollcall for any bill to do with crime. This will show you how every member of the house and the senate voted on each law.
New Haven Independent: Walker Questions Post-Petit Proposals
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