Finally, a judge with a little common sense…
This story ran in the August 10, 2007 edition of the Provo, Utah-based newspaper, The Daily Herald.
Remember California’s infamous “3 Strikes and You’re Out” law from a few years ago? I believe it was ruled unconstitutional shortly after it was enacted. Creating a law so that it can be named with a nice baseball cliche may have been a little shortsighted. And maybe 3 arrests for ”low-level” crimes is a few too few, but the idea was not all bad – get these people off the streets once their pattern of behavior and attitude shows a lack of regard for laws and they just keep doing whatever they want. We’ve slapped their wrists so many times they don’t even feel it any more. It’s time to stop assuming these people are going to change and protect the rest of us from them.
This is the story of a local guy, Michael Pino, who has been arrested 29 times in the last 9 years and convicted of 3 felonies and 11 misdemeanors. The judge has apparently had enough and sentenced Pino to up to 35 years in prison for a handful of drug and burglary-related charges. Just this arrest alone, he was charged with possession of meth in a drug-free zone (a second degree felony), possession of marijuana, burglary, theft, and possession of stolen property (all third degree felonies). He still has another pending case for burglary and theft.
Pino’s attorney asked the judge to consider the small amount of drugs he had and the low cost of the stolen items, around $1,000 worth. On the other hand, the prosecutor reminded the judge of Pino’s criminal record and his attitude toward the judicial process. Pino considers himself a victim of the system and feels the system hates him and thinks he is “some sort of monster”. Where would he get that idea? The prosecutor said, “He is some sort of cancer on society. He has been a real problem for a very long time.”
The defense attorney pushed for concurrent sentences because Pino’s crimes were “low-level”. But the judge rejected that request, saying, “I don’t find you to be a monster. But to be truthful with you, I do believe that you are a person that doesn’t recognize or refuses to accept the principles that society lives by.” “Society is entitled to be protected from those people who commit low-level crimes.” (especially when they commit them over and over again)
I don’t claim to understand the ruling and sentencing by precedent thing that goes on in courtrooms, but I believe it has gotten us in trouble more than once. Think about it, some stupid judge makes a bad ruling, it’s upheld on appeal for whatever reason, and now every other judge with a similar case is stuck with that precedent and is required to rule in a similar way, no matter how much the judge knows it’s wrong?! How can that ever get fixed? And attorneys scour the books looking for those rulings and throws it in the judges’ faces, either at the original trial or the appeal.
As one of the members of society who is entitled to be protected from career criminal like Pino, I would like to send up a cheer for this judge – Let’s hear it for Judge Stott! Way to go! Thank you!
My family and I can breathe a little easier, pending appeal of course, knowing that at least one judge in this country is showing a little common sense and respect for us law-abiding citizens.
