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View Diary: A Tale of Two Americas (259 comments)

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  •  Well, this is exactly the point. (2+ / 0-)
    Recommended by:
    vahana, FarWestGirl

    And, everyone is getting worked up to a lather, but most probably didn't see the DA's explanation.  

    Yes, vahana.  If the hedge fund manager's livlihood is taken away, then part of the plea deal, ie restitution, can't happen.  Everyone here is understandably confused about this. What is lost on people that the DA explained is that the two misdemeanors will stay on his record for life, where the deferred felony sentence would go away in several years (not exactly sure why, but it's part of the plea process).  The hedge fund mgr probably had no priors, and was willing to pay out the wazoo.

    This doesn't excuse his disgusting and heartless behavior after the crime, and frankly I think the judge/DA should honor the victim's request because of that.  

    Sarah Palin: All pistol and no squint.

    by CanyonWren on Tue Nov 09, 2010 at 01:17:22 PM PST

    [ Parent ]

    •  Not being an attorney... (0+ / 0-)

      ...how come this guys payment of restitution is getting mixed up with his jail sentence? I thought he gave restitution and/or punishment to society in criminal court, he gets to do it all over again making the victim whole in civil court.

      What am I missing?

      -7.5 -7.28, Democratic Socialism...It's not just for Europeans.

      by Blueslide on Tue Nov 09, 2010 at 03:06:12 PM PST

      [ Parent ]

      •  Who knows. I don't know all the facts, (0+ / 0-)

        obviously, but this is all part of plea bargaining in any situation.  Since it's knocked down to a misdemeanor (again, no idea why), there is more room for $$ restitution rather than a jail sentence.

        Sarah Palin: All pistol and no squint.

        by CanyonWren on Tue Nov 09, 2010 at 06:25:12 PM PST

        [ Parent ]

    •  Don't you think it is funny (2+ / 0-)
      Recommended by:
      CanyonWren, Earth Ling

      that the DA is worried more about restitution than the victim is? Don't you think that something is seriously out of place when the only person concerned with justice over restitution is the victim?

      "The people have only as much liberty as they have the intelligence to want & the courage to take." - Emma Goldman

      by gjohnsit on Tue Nov 09, 2010 at 03:27:22 PM PST

      [ Parent ]

      •  Well, yes, that is what I've said (2+ / 0-)
        Recommended by:
        gjohnsit, Earth Ling

        continuously--ie, why haven't the DA and the judge done what the victim wants?  I'm not a criminal lawyer (I'm an environmental lawyer), but perhaps this is protocol, I just don't know.  But, that is the issue:  we don't know the facts of the plea bargain.  

        By the way, gjohnsit, I've been meaning to drop a comment all night and just got my wee one down to bed.  I greatly respect your work here, and my comments have in no way been intended to disparage your diary.  I see you noticed my kneejerk comment way down thread.  After that comment I looked online for the story and found the update, which is why I am slowing down a bit.  It wasn't a thread jack, but new information I thought important for us all to see.  

        Thank you for all you do here, and I liked this diary very much.

        Sarah Palin: All pistol and no squint.

        by CanyonWren on Tue Nov 09, 2010 at 06:31:56 PM PST

        [ Parent ]

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