
See Update Below.
Remember that scene in Monty Python’s The Holy Grail? A mob brings a woman before the local magistrate claiming that she’s a witch. The mob wants to dispense with due process and to burn her immediately. Due Process, of a satirically dubious sort, is administered and she’s pronounced a witch.
My thoughts go back to that scene as I take in the Paris Hilton story. My interest was piqued when I heard a caller to the Michael Savage Show talk about his experience in the same jail.
It seems that he was a low level offender like Paris. He, too, was offered the home confinement, bracelet option. He turned it down. Why? Because there is another option offered to low level offenders. That is to serve 10% of their time behind bars and then to be released.
In other words, the bracelet option means confinement for a whole lot longer time then actual incarceration under the policies and procedures of the Sheriff’s Office for low level offenders.
Paris served 5 days. More than 10% of her 45 day sentence–or the 23 days given for good behavior. On top of that, she was going to spend the ENTIRE remainder of her sentence (I’m not sure whether it was the 45 or 23 days) confined to home and monitored.
In the frenzy to portray this as a provocation for class warfare, the feckless media fails to give us the facts. One radio host from L.A. confirms the policies and procedures. He writes at the Huffington Report, and I assume that he is a liberal.
According to Sheriff Lee Baca, Hilton has “severe issues.” Also, according to Baca, she is a “low level offender, who typically spend about 10% of their time due to overcrowding.” Stop me if I’m wrong but five days is about 10% of 45. And in comparison while Hilton was being dragged through the mud, right across the hall was another trial, this one for Jason Wahler, one of the stars of “Laguna Beach.” He was there for, guess what, a parole violation stemming from being arrested for criminal trespassing and assault in Seattle earlier this year, which violated his probation from a September 2006 battery arrest in Los Angeles. The 20 year old, who was admonished by the judge not to drink any more, must continue attending AA meetings and 36 more hours of anger management classes. He will also have to continue with intensive rehab counseling at least four days a week. Wahler attended another rehab earlier in the year to avoid a 60-day sentence in L.A. County Jail.
Go read the comments to his post. They are envious, self-righteous, vitriolic statements more concerned with punishment of a rich girl than justice. Equally disturbing is the palpable enjoyment of the spectacle of a judge behaving in a vindictive, juvenile manner on the bench.
Judge Sauer had ordered the hearing for 9 a.m. When Ms. Hilton did not appear, apparently believing that she could participate by telephone, he sent sheriff’s deputies to escort her from her home.
When she arrived and the hearing began, the judge said he had received a call on Wednesday from an undersheriff informing him that Ms. Hilton had a medical condition and that the sheriff’s office would submit papers to the judge to consider releasing her early. The judge said the papers describing a “psychological†problem had not arrived, and he interrupted Friday’s court session every few minutes to state the time and note that the papers had still not shown up.
Angry at the Sheriff for applying his policies and procedures and utilizing what appears to be his authority as an elected official to Paris in the same manner he does to other low level offenders, the judge takes it out on Paris. This is a fight between two minions of the state, and the judge ensures that Paris is going to “get it”. I’d like to know if the judge even has the authority to do what he has done. After all, the Sheriff’s Department is headed by an elected official, and I would assume that there are statutes in place allowing the aforementioned policies and procedures regarding low level offenders.
And, if the judge has this power, how many other low level offenders has he plucked back from home confinement to make a spectacle of?
This story doesn’t just involve the individual situation in which Paris Hilton finds herself. It involves a judicial system which tolerates and encourages and fails to rein in intemperate behavior by judges and prosecutors. As to the latter, if it is true that low level offenders are routinely offered home confinement, then the prosecutor in this case is lying to the public:
The city attorney whose office prosecuted Ms. Hilton’s case, Rocky Delgadillo, said preferential treatment had led to her being sent home with an ankle bracelet. In the original order sentencing Ms. Hilton to jail, the judge had stated that Ms. Hilton would not be allowed a work furlough, work release or an electronic monitoring device in lieu of jail time. “We cannot tolerate a two-tiered jail system where the rich and powerful receive special treatment,†Mr. Delgadillo said after learning of the release.
Conservatives (who should really know better than to add weight to class warfare) and liberals both are proclaiming Paris Hilton to be a witch deserving of punishment which appears to be far beyond what others get who are similarly situated–because she is rich and pampered and failed to bow sufficiently, in their opinion, before the state.
I know that conservatives know better. Look at the reaction to the wholly unjustified sentence imposed upon Libby. Conservatives are, justifiably, up in arms about it. Like the Martha Stewart case, this was a put up job by the FBI and the prosecutor. A situation where investigators interrogate with the intention of tripping up a suspect–against whom they have no objective evidence of a crime–in order to create one out of trip-ups or mis-recollections by the interrogated.
And, in the Libby case, we have an equally intemperate judge involved. One who writes orders–not weighted by discretion or tempered with objectivity and justice–but, instead, laden with sarcasm:
Ms. Hilton was not the only high-profile defendant whose celebrity prompted a raised eyebrow from a judge this week. Also on Friday, the judge who sentenced I. Lewis Libby Jr. to prison this week issued an order dripping with sarcasm after receiving a supporting brief from a dozen prominent legal scholars, including Alan M. Dershowitz of Harvard and Robert H. Bork, the former Supreme Court nominee.
The judge, Reggie B. Walton of Federal District Court in Washington, said he would be pleased to see similar efforts for defendants less famous than Mr. Libby, the former chief of staff to Vice President Dick Cheney.
“The court trusts,†Judge Walton wrote, in a footnote longer than the order itself, that the brief for Mr. Libby “is a reflection of these eminent academics’ willingness in the future to step up to the plate and provide like assistance in cases involving any of the numerous litigants, both in this court and throughout the courts of our nation, who lack the financial means to fully and properly articulate the merits of their legal positions.â€
“The court,†he added, “will certainly not hesitate to call for such assistance from these luminaries.â€
How silly and arrogant. The judge, indulging in petulance, misleads the public into the belief that arguments urging proper application of the law in Libby’s case, will not affect the cases of defendants with less celebrity.
Update:
Apparently, she was going to serve all 40 remaining days confined and supervised:
Also, some in the media do seem to be looking at the details beyond the hysteria now. Here is a good Q&A which includes information on the practices of the Sheriff’s Department. Here is a good article tracing the authority of the Department back to a Federal Court order.