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Thread: Lenient state judges

  1. #51

    Default Re: Lenient state judges

    Judge Michael Town gives no prison time to a man convicted of manslaughter. Jayppy Riveral was racing another car on the Moanalua Freeway when he crashed, resulting in the death of his 19 year old passenger/girlfriend.

    http://www.kitv.com/news/20937825/detail.html

    One could easily sympathize with Riveral, seeing as how the crash has resulted in obvious symptoms of brain damage. And it should be said that the dead girl's family stated to Judge Town that they didn't want to see Riveral imprisoned.

    OTOH, this was the second major car wreck that Riveral has gotten into. And less than a year before this latest tragedy, Riveral was convicted of speeding by more than 20 mph.

    There's no question this was a lenient sentence. However, Judge Town gets the benefit of the doubt from me on this one. I would hope that as a condition of his staying out of prison, Riveral needs to stay out of trouble of any kind. No using his brain injury as an excuse not to keep his nose clean. And finally, if it hasn't already been done so, Riveral's driving license should be permanently revoked. If he's going to work at a job, he's gonna have to either catch a ride from somebody else or catch the bus.

  2. #52

    Default Re: Lenient sentence (Riveral case)

    Quote Originally Posted by Frankie's Market View Post
    There's no question this was a lenient sentence. However, Judge Town gets the benefit of the doubt from me on this one. I would hope that as a condition of his staying out of prison, Riveral needs to stay out of trouble of any kind. No using his brain injury as an excuse not to keep his nose clean. And finally, if it hasn't already been done so, Riveral's driving license should be permanently revoked. If he's going to work at a job, he's gonna have to either catch a ride from somebody else or catch the bus.
    I saw this one on KITV also. They said he was going over 100 miles an hour when he crashed!
    However, it appeared that the wishes of the girl's family (that Riveral not go to prison) were a key factor in Judge Town's leniency.

    In addition to the conditions you suggested in exchange for no jail time, my thought was that some community service should also be included... perhaps in the form of appearing at some driver's ed classes, etc.

    Maybe some kids would think twice about street racing if they saw and heard a firsthand account from Riveral about how his poor choices and actions resulted in the death of the girl he loved...
    To be, or musubi... What was da question?

  3. #53

    Default Re: Lenient state judges

    Judge Virginia Crandall, I find you guilty of giving a break to a murder defendant based on an idiotic technicality.

    17 year old Vernon Bartley, originally facing a 1st degree murder charge for the premeditated killing of neighbor who was about to testify against him for the burglary of her home, will instead be facing a 2nd degree murder charge. This is significant, because a 2nd degree conviction will give him the chance for parole, while a 1st degree conviction would put him away for good.

    KITV news story

    Terrible ruling, Judge Crandall! For that boneheaded decision (which might possibly lead to Bartley getting out of prison while he is still in his 30s), you are the latest entry in this judicial hall of shame.

  4. #54

    Default Absolutely horrible decision...

    He could actually be out at the age of 32, for the premeditated murder of a witness against him in another trial.
    Pathetic.

  5. #55
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    Default Re: Lenient state judges

    I dont understand why the fact that he had motive and premeditation was ruled inadmissable.
    the woman in a civil trial was testifying against him. is this coincidence?
    the judge should have let the prosecutor do their job and show why this is not a coincidence. juries are not stupid when presented with facts. it seems a judge was not confident in their ability to conduct a fair trial with all the facts of the case laid out.
    certainly a good prosecutor can get these facts into a trial.
    I also understand that 1st degree murder in many states is usually reserved for the killing of police officers. maybe this is such a sacred cow that by letting someone who merely planned and killed someone like you and me be convicted of 1st degree is too much. sounds like there may be some politics involved.
    the bigger the government the smaller the citizen.

  6. #56

    Default Re: Lenient state judges

    Anybody that would play politics with our judicial system should be allowed to enjoy our penal system.

  7. #57
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    Default Re: Lenient state judges

    Quote Originally Posted by Frankie's Market View Post
    And less than a year before this latest tragedy, Riveral was convicted of speeding by more than 20 mph.
    How does one get convicted on a speeding ticket in excess of 20mph? Last time I got caught speeding it was 25mph over the speed limit (I was trying to beat a yellow light). All I got was a ticket to mail in with a check for a couple hundred bucks and sucky abstract for a few years. No conviction just a mail in ticket.

    He must have been going waaayyyy over 20mph for a conviction to have occured right?
    Life is what you make of it...so please read the instructions carefully.

  8. #58

    Default Re: Lenient state judges

    Quote Originally Posted by Frankie's Market View Post
    Judge Virginia Crandall, I find you guilty of giving a break to a murder defendant based on an idiotic technicality.
    Is this the same judge who released the alleged killer of the tourist from New Mexico?

  9. #59

    Default Re: Lenient state judges

    Quote Originally Posted by escondido100 View Post
    I dont understand why the fact that he had motive and premeditation was ruled inadmissable.
    the woman in a civil trial was testifying against him. is this coincidence?
    Judge Crandall's explanation for her outrageous ruling was this, according to the Star Bulletin.

    Bartley, who was then 15, allegedly burglarized Ertell's home and was scheduled for trial in Family Court for the burglary. Ertell, his neighbor, was subpoenaed as a witness and was killed the next morning -- May 25, 2007.

    But Crandall ruled in favor of Bartley, whose lawyer, Jeffrey Hawk, had argued that the burglary case was a Family Court proceeding, not a criminal proceeding.
    Unbelievable! Someone who is subpoenaed as a witness in a family court trial involving a crime (a burglary is a crime, whether it is committed by an adult or a juvenile, I don't care what some idiot judge thinks!!!) is entitled to less protection than a witness in a regular criminal court. GMAFB, Judge Crandall.

    But then again, this ruling came from the same "brilliant" legal mind that delayed imposing a prison sentence on a convicted child abuser because of the abuser's claim that her status as a native Hawaiian exempted her from state court jurisdiction.

    Seriously, Judge Crandall needs to be relieved of her judiciary powers. It's magistrates like her that make people lose confidence in the justice system. "The system is broken?" This judge's mind is broken!!!

  10. #60

    Default Re: Lenient state judges

    Couldn't agree more, FM. I'm absolutely disgusted by this. I hope justice is eventually served.
    What can be asserted without proof can be dismissed without proof. – Christopher Hitchens

  11. #61
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    Default Re: Lenient state judges

    Quote Originally Posted by craigwatanabe View Post
    How does one get convicted on a speeding ticket in excess of 20mph? Last time I got caught speeding it was 25mph over the speed limit (I was trying to beat a yellow light). All I got was a ticket to mail in with a check for a couple hundred bucks and sucky abstract for a few years. No conviction just a mail in ticket.

    He must have been going waaayyyy over 20mph for a conviction to have occured right?
    Sorry Craig, that IS a conviction.
    May I always be found beneath your contempt.

  12. #62

    Default Re: Lenient state judges

    Judge Karen Ahn. Welcome to the judicial hall of shame for your very lenient sentences of 2 defendants in the Aliamanu home robbery case last year.

    Nicholas Nichols was sentenced to 30 years for the robbery and shooting 21 year old Timothy Lapitan in the abdomen, which resulted in paralysis. But Nichols could possibly get out in a mere 5 years, as he would be eligible for parole. What the....????

    http://www.honoluluadvertiser.com/ar...ictim++a+hero+

    http://www.starbulletin.com/news/200...ng_victim.html

    http://www.kitv.com/video/21434190/index.html

    Granted, victim Lapitan seemed impressed with his assailant's display of remorse. But I don't feel comfortable with Nichols possibly getting out in 5 years and rejoining society. I can hope the parole board exercises due dillegence when the times comes for them to consider his case.

    Even more disturbing is Kiara Valdez getting only 1 year in prison and 5 years of probation for her part in the robbery. Valdez was much more than an accomplice. Both the deputy prosecutor and the victim singled her out, saying that the crime and its tragic consequences would not have happened if Valdez did not mastermind the robbery in the first place. (She provided Lapitan's address and the plans to his home.) And to insult to injury, while Nichols was ordered to pay a half-million in restitution for Lapitan's medical bills, Valdez pays zippo!!!

    Judge Ahn, did you let crocodile tears and sobbing from both the gunman and the criminal mastermind blind you to the seriousness of their actions? Do you really think that the sentences you handed out (particularly to Kiara Valdez) are sufficient enough to teach them a lesson and to get them to change their ways? I dunno 'bout this one.

  13. #63
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    Default Re: Lenient state judges

    IF the cops are motivated to find the perp, then competent enough to ensure arrest, and if the prosecutor does his job.....

    Then we have the jury or judge convict....

    Then where do we put them?

    Perhaps lenient judges aren't so surprising after all. Our prisons are FULL!
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  14. #64

    Default Re: Lenient state judges

    Too many are locked up that shouldn't be for relatively harmless to society crimes. When the big house is full you have to set priorities and make room for those who really deserve incarceration.

    That the female accomplice/mastermind was given a slap on the wrist is, yes, another sad example of judges not being servants of a law-abiding public, and in this instance putting us back at risk once she's out.

    Good the kid seems to realize his wrongs, and hopefully this will change his mind set permanently. But doing time usually further corrupts minds.

  15. #65
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    Angry Overly punative laws, and obsessive 'liberal' judges

    Quote Originally Posted by Ron Whitfield View Post
    Too many are locked up that shouldn't be for relatively harmless to society crimes. When the big house is full you have to set priorities and make room for those who really deserve incarceration.
    Ah,yes. Victimless crimes. Usually with harsh penalties.

    I have a former teammate doing seven consecutive life terms in Soledad, CA, simply because he liked to collect firearms that the 'Governator' thought only belonged in movies.

    So, along with his two purple hearts, bronze star and silver star he has seven felony convictions even though he saved a couple dozen American lives, just because he was a gun collector.
    Be Yourself. Everyone Else Is Taken!
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    Spreading the virus of ALOHA.
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  16. #66

  17. #67

    Default Re: Lenient state judges

    http://www.honoluluadvertiser.com/ar...+son+s+slaying

    Randal K. "Randy" Randrup was sentenced Tuesday to two years in prison and 10 years' probation for shooting his son eight times and throwing the body off a sea cliff.
    Circuit Judge Glenn Hara said he understood why the state allowed Randrup to enter into a plea bargain, because absent a confession the charge would have been difficult to prove.
    "If your trial had proceeded without the confessions, there was a likelihood that without the confessions a jury might acquit you. You would have been completely absolved of this crime, and I think the prosecution took the route of deciding that half a loaf is better than none," Hara said.
    So without a confession it is hard to prove a murder case? Duh, yeah, that is why there is that minor detail called a "police investigation". Since when is having a confession the only way to prove guilt? It is shameful that the judge allowed such a plea bargain to stand.
    Here are comments from the victim's mother:
    The victim's mother, Lois Randrup, said there would be no justice if the plea agreement stood.
    "The prosecution's handling of Chris' murder left me totally frustrated — no, disgusted — that they are treating it like he mattered so little. I am here to say that Chris mattered a lot," Lois Randrup said. "This evil man killed my son, his own son, in such an obscene manner."
    Now run along and play, but don’t get into trouble.

  18. #68
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    Angry Police Investigation?

    Quote Originally Posted by Amati View Post
    So without a confession it is hard to prove a murder case? Duh, yeah, that is why there is that minor detail called a "police investigation".
    Police Investigation? Do they do those here?
    Isn't that one of the reasons Boisse Correa is no longer Chief of Police?
    He wanted the HPD to do POLICE WORK!

    Welcome to Hawai`i.
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  19. #69

    Default Re: Lenient state judges

    This one can be filed under "lenient prosecutors."

    Melissa Ordonez gets a 10 year sentence for being an accomplice in a burglary, robbery, and kidnapping plot that resulted in the cold-blooded murder of Benjamin Grejada. But as part of a plea deal with the state, Ordonez is eligible for parole after serving 3 years & 4 months in prison. And you guessed it! Because she has been incarcerated since April 2008, she gets credit for that time, which means she can get out in just 2 more years.

    Star Bulletin

    KITV

    What's most disturbing is the prosecutor's reasoning behind the plea deal.

    The state agreed to the 10-year prison term and to seek no more than the three-year, four-month minimum as part of a plea agreement. However, prosecutors did not want her to testify in the murder trial.

    "She's given so many different lying statements to the police, and it would just cause a mess as far as evidence for the jury," said Darrell Wong, deputy city prosecutor.
    So let me get this straight then. Ordonez gets a lenient plea deal as a result of her telling numerous lies and conflicting statements to the authorities????

    Oh my Lord! This is terrible. I would rather the state try and lose a case a case against a criminal accomplice, rather than cutting a deal with someone after telling numerous lies to the police. I thought plea agreements were rewards for suspects who were cooperative. If this was an episode of Hawaii Five-0, McGarrett would say "NO DEALS!!!" to anyone who lied to him during an investigation.

    And it's not as if Ordonez is a babe in the woods when it comes to this kind of thing. She has a prior federal drug conviction and was still on probation for that when she hatched this plot against Grejada.

    I can only imagine what kind of message is sent out by the prosecutors offering this generous plea deal. Lie as much as you can to mess up the state's evidence. Then hope the prosecutor will cut you a deal so that you don't testify in another defendant's trial. This is so messed up!

  20. #70
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    Thumbs down Re: Lenient state judges

    I'm glad this topic is here. Being a Californian with some law enforcement background, I was quite disappointed at how the police and judicial system "worked" here.

    Some of the things I noticed so far that make me raise my eyebrows:
    -Why a traffic citation has a check box for "military." (I'm pretty certain that HPD profiles military members worse than California profiles other minorities.)
    -The story of how a Hawaiian man was in court for felony hit-and-run (hitting a pedestrian in a crosswalk and fleeing), getting a fine and a reduction of charge, where the following defendant (a 23 year-old black enlisted military member) was charged with going 20 mph over the speed limit and sentenced to 6 months suspension of license, 2 months weekends community service time and a fine higher than a felony hit-and-run.
    -How homeowners are punished for defending their homes against burglars, especially if firearms are involved.

    Many of the previous posts, I agree with. There is something crooked going on around here and it does punish the common law-abiding citizen.

  21. #71

    Default Re: Lenient state judges

    File this latest travesty under lenient police.

    The Advertiser is reporting that Maui Police are not expected to file charges against the parents of two children who were hospitalized after suffering serious burns and injuries after setting off all the fireworks stored in the back of the family's pickup truck. This, despite the obvious lack of adequate supervision given to the children. (The 11 year old boy was the one who pulled his 7 year old sister to safety, not the parents.) This, despite the fact that the police report stated that officers "found several homemade fireworks at the scene, including aluminum cans that were duct-taped together."

    No charges filed against the parents? Say what?????

    Chief Yabuta! Get off your butt and do your job. This means enforcing the law. There's enough evidence to charge the parents with violations of the state's fireworks control law. Sheesh!!!

  22. #72
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    Unhappy Re: Lenient state judges

    Quote Originally Posted by bjd392 View Post
    Many of the previous posts, I agree with. There is something crooked going on around here and it does punish the common law-abiding citizen.
    I'm pleased that people are noticing!
    It's not just the lenient judges, it's the crooked cops, in fact it's the whole system.

    But, the question is: what do we do?
    Appeal to the governor or mayor? (Already done, to no avail other than platitudes.)
    Call Obama? The FBI?

    Are we just stuck with a crooked system? Is there nothing we can do?

    Wait one, someone's at the door.....

    Back.... I've just been informed that there is NOTHING wrong with our system! ALL the police are honest and upstanding participants in law enforcement, ALL our politicians work for honesty in government, and ALL out judges are impartial, non-disciminatory and fair....or else.

    I thank these kind gents for their feedback, and for correcting my errors in thinking.

    K

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    Spreading the virus of ALOHA.
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  23. #73

    Default Re: Lenient state judges

    Quote Originally Posted by Frankie's Market View Post
    Chief Yabuta! Get off your butt and do your job. This means enforcing the law. There's enough evidence to charge the parents with violations of the state's fireworks control law. Sheesh!!!
    I don't think it was a direct reaction to my post. But someone else with a similar sentiment (more tactfully worded, perhaps) got their message through to Maui County Police that classifying this case as a "miscellaneous accident" was an outrage. Criminal charges had to be pressed against the parents of the 2 young children who severely burned themselves on New Years Day.

    Advertiser

    Star Bulletin

    Hallelujah! Common sense prevails in the Maui Police Dept., although it took a day.

  24. #74

    Default Re: Lenient state judges

    I gave Circuit Judge Michael town the benefit of the doubt in the Jayppy Riveral case. But not this time. And from now on, this lenient judge is on my radar.

    Judge Michael Town gives ZERO jail time to Billy Lamug, despite causing two of his passengers to die and a third to be maimed for life. He gets off with 5 years of probation, 400 hours of community service, and a little more than $6,000 in restitution.

    Advertiser

    Star Bulletin

    KITV

    HNN

    Judge Town, I don't know what the hell you were thinking. But clearly, you blew this one. Big time. Scary to think how judges like him have so little regard for the sanctity of human life.

  25. #75

    Default Re: Lenient state judges

    Judge Richard Perkins continues to make himself the poster boy for why Hawaii needs elected judges who will be accountable to law-abiding people.

    Despite being indicted on manslaughter charges by a grand jury, Judge Richard Perkins imposes no bail or jail time to Kristen Mancao. She was the driver of a SUV who:

    1) was speeding 74 mph in a 30 mph zone,

    2) ran a red light and collided into a Corvette crossing an intersection,

    3) killed Norbert Dean Galban, the driver of the 'Vette,

    4) had a BAC of 0.17 more than 2 hours after the accident, which is more than twice the legal limit.

    Under the circumstances, any other judge with common sense and compassion for the victim's family would have set a bail of $50,000.

    I honestly don't know who's the bigger menace to society now. Mancao, who's in possession of a new car. Or Judge Perkins, for making these bone-headed decisions.

    HNN

    Star Bulletin
    This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

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