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Unbelievable!! We need you in Las Vegas, Judge Donahoe. The good judge has issued his Opinion in the Adam Stoddard contempt hearing (the one where the court deputy took a document from the defense attorney file, see Video HERE). We commented on this earlier in the week. The Court held a hearing (11-10-09) to deal with the actions of the Deputy. The result, this Decision (compliments of Simple Justice, see their full post on this Decision HERE; See also Heat City).
The result here was swift and exact. That may be because of all the national attention, or it may be because Maricopa is pushing for justice. I don't know. I do know that, even though the punishment puts the defense attorney in a "pickle", I think it is a good decision by the Judge because it shifts the POWER away from the deputy into the hands of someone other than a judge, something the deputy & his buddies are probably not very used to feeling.
Just listen to what Maricopa Sheriff, Joe Arpaio, has to say "in defense" of his deputy:
"My officer was doing his job and I will not stand by and allow him to be thrown to the wolves by the courts because they feel pressure from the media on this situation,” Arpaio said in a press release. He further said, "I decide who holds press conferences and when they are held regarding this Sheriff’s Office." (Arizona Republic).
I'll keep it short. Yea for Judge Donahoe shoving us closer towards justice!!!
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Thursday, November 19, 2009
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4 COMMENTS:
Are you daft? The judge has abdicated his responsibilities in the Stoddard case and placed the onus of punishing the malefactor (Stoddard) on the victim, Attorney Cuccia. Moreover, Judge Dodo Donohoe overlooks the fact that the actual victim is Mr. Lozano, the defendant being sentenced.
Many Marikafka defense attorneys are now looking forward to citing Arizona vs. Stoddard. "In a holding by the Chief Criminal Judge of Maricopa County, a thief can simply be sentenced to a heartfelt apology on the steps of the courthouse."
Awesome.
Thanks for Commenting WIM.
1. I am daft, I hope that clarifies most of your questions;
2. I get that the judge "placed the onus" on the victim, that's what I said, but I call it "gave the POWER to the victim". If you let the victim have the power of sentencing or judgment in other crimes, don't you think that would create a deterrent in other crimes? I do. One of the main purposes of sentences, along with punishment is deterrence;
3. As for a "thief can simply be sentenced to a heartfelt apology on the steps of the courthouse", I don't see the problem with that, as long as the victim is given the power to decide whether they are sincere and if they are not they go to jail.
You see, you gotta talk about all of the elements of the sentence in conjunction with another elements. You can't just look at each element on an island.
I'm right, here. Though, I'm still daft.
Your comment also ignores the fact that Lozano is the actual victim, not Cuccia. Attorney client privilege is the privilege of the client, not the lawyer. If I fall into your logic trap, it would be up to the convicted felon to decide whether he has a new cell mate or not.
Of course, our gutless Arizona Attorney General Terry Goddard is to blame here. It is incumbent upon him to bring the appropriate charges so that justice can be served.
Maybe so . . . but then again, any opportunity to expose the police for their excess abuse of power and subsequent shaming is not bad in my book. It is too rampant.
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