Today, two people will be sentenced for killing innocent others. One person will have made a series of very bad decisions while intoxicated ending in her killing a young girl age 11. The other will have made a conscious decision to kill 11 people. The former will receive a sentence of 12 years in jail. The latter will be released after only doing 8 years while he awaited sentence. The former is a young mother of a pre-teen girl, the latter was a mob hitman. The former, the mom who killed an 11 year old by driving recklessly while intoxicated, spawned a law that makes it a felony to drive intoxicated with a child in the car. The latter Mob hit-man will reinforce the idea that you can kill at will as long as you are willing to give up others, even if you lie to do it.
The young mother is Carmen Huertas. She made a decision to get into a car with 6 children (one was her own) and drive them home from a slumber party after she had embibed enough alcohol to blow a .13 BAC. (Not that I think BAC's are the least bit accurate but given her other behaviors that night I would think there was enough other evidence of intoxication to prove she was guilty. You can read the story here and decide for yourself. She was sentenced to a indeterminate sentence of 4-12 years in jail. She could theoretically be eligible to get out on parole in three years and five months
but given just the fact that this was a DWI and the fact that it was the type of death that brings out everyone against the defendant, she will likely do the whole sentence before she is released less any "good-time" she may accrue (about 1.8 years off the top number or 10.4 years in prison so far.)
The mob hit man is Sal (Good Looking Sal) Vitale, former underboss of the Bonanno crime family. Sal was an early follower of another neighbor Joe (Big Joe) Massino, the boss of the Bonnano crime family. Both men grew up in my old neighborhood in NY. Sal was always noted for how good his hair looked. I should know, he used to go to get his hair cut in the same barbershop as I did. He was a big deal there among the Italian barbers. They all knew who he was. I blissfully did not. I did notice he seemed like any other guy who went there. Slightly pampered and otherwise kind of nice. He always went with friends.
About 10 years ago, Sal and his Brother-in-law childhood hero Joe Massino got indicted. Joe was pretty jealous of Sal's popularity among the other under bosses in "the family". He was afraid that Sal may be so much better liked than he, that he ordered someone kill him. The feds moved in to save Sal's life. Sal was infuriated and so he turned on Joe and everyone in the old life. He had enough information to identify over 500 men as either members of or affiliates to the five families of NY. He also had enough information to put 50 of these men behind bars for a long time, some even for life.
Sal Vitale was a cold blooded killer. He didn't have to be. He had smarts. He was a former corrections officer, and he owned a series of small businesses that would have made money for him with or without patronage from Joe Massino and company. Instead, he helped end the lives of at least 11 men and maybe more. He made it possible for others to kill without being punished. He ran loan-sharking and illegal gambling operations. He provided protection for drug dealers and houses of Prostitution. He also however danced to the Governments tune. He turned and he will be rewarded. Is he sorry he was a creep, a killer, a monster? Only he knows. He knew however he created that man. If he could, would he turn down the life he led? Would he walk away from the jaunts to Vegas and Atlantic City? Would he give up his house in Dix Hills for all those years. Would he not have had the fancy haircuts and manicures he got that earned him the nickname "Good looking Sal"? If he knew he would never get caught would he? Or would he have preserved that life even if it meant killing eleven more people. Eleven more fathers brothers sons?
Carmen Huertas, a 31 year old mother who would like to take back about 2 hours of her life. Whether she was found guilty or not, the taking of that child's life would have stayed with her forever. Her chance of ever getting behind the wheel of a car drunk again, would be less than zero.
Jail is supposed to be for punishment and corrections. I fail to see the sense in this today. Carmen Huertas should have been sentenced to 1-3 years and should have been ordered to a program to address her drinking issues. Sal Vitale should have been sentenced to at least a long long period in jail. He could have gotten Death had he not cooperated. His getting a free pass calls into question every detail to which he testified. His testimony was bought and paid for by the government. He knew if he danced to their tune he would walk away, a free man, new identity, new home, new business.
As she addressed the court she said ""I am not a monster," "I am a loving mother who made a terrible decision that caused the death of a wonderful child."
She is right, her behavior was monstrous, but she herself is not a monster she just in fact made a horrendous decision that will forever effect the world of Leandra's family and her own.
Does anyone wonder if Sal Vitale could make the same statement? Is it fair that the prosecution can make these decisions based on how much they were helped? Is it fair that Vitale's victims should get nothing in the way of satisfaction for the loss they suffered?
Huertas is in jail, mostly because of who her victim was, and what that victims family wanted. Vitale is free despite what his victims want and despite what fairness dictates. She is sorry. Given the chance she would not be likely to repeat her poor judgment. He, well you decide: is he sorry or sorry he got caught? Given the chance, would he have turned down all the things his life gave to him and his family or would he have killed again and again, knowing he would never get caught?
The lives of poor people and the lives of rich have different values in a court of law. The lives of people who die at the hands of those that can give the prosecution what it wants, and the lives of those killed by someone who has nothing but remorse to give, have different values. Neither of these are fair, they just are.
If you ever serve on a jury however, when one of these rich powerful guys testifies, and he says he is not getting anything for his testimony, remember, that is just not true. Never was, never will be. They are just monsters who the government is paying to be tell they government's story, whether it be true, or not. Whether they be monsters... or what?
Here is the NY Post's coverage of the sentencing hot off the presses.
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Showing posts with label Parenting. Show all posts
Showing posts with label Parenting. Show all posts
Facebook and DWI: A Defense Attorney's Nightmare.
Chicago IL. Criminal Defense Attorney Steve Komie is doing a bang up job in the case of an 18 year old who was allegedly drunk and killed a motorcyclist. Unfortunately the woman, now 20 can't get out of her own way long enough to help him out.
Komie has proved that Town of South Elgin Police destroyed the blood test prosecutors hoped would prove Erika Scoliere was drunk when she collided with motorcyclist Frank Ferraro. Without the test and sample, the defense cannot test the blood nor can it test the accuracy of the test at trial. That any evidence in an on going case is destroyed is a mystery, that the "best evidence" against a murder suspect is destroyed, right before trial, should lead potential jurors to wonder if the test actually showed ANY proof of alcohol at all.
The lead story in the news Friday should have been about how police malfeasance is causing Scoliere to get less than a fair trial. BUT NO!!
Seems that Scoliere or one of her inane "friends" posted asinine pictures of her on Facebook guzzling Tequila at a college party(in violation of her terms of release.)
Now first off, how did this young woman GET INTO a college to begin with? I mean what kind of brain damage do you have to have to realize that you killed someone and people are not happy with you? Prosecutors are looking for a reason, ANY REASON to convict you, and you decide it is a good idea to be in a place known for alcohol and stupid decisions (sorry Frat parties are Frat parties)?
Secondly, you are out on bail with an order to "call in" to probation while you are allowed to attend your "out of state" private college and go on vacations with your family. How do you "misunderstand" that Court Order?? ( I have to ask though why no one from probation notified Komie that his client was missing calls.)
The damage here is not that Scoliere now must wear a SCRAM (Secure Continuous Remote Alcohol Monitor.) It is that instead of being viewed as the victim of police, and a rush to judgment by an angry and hostile prosecution, she is seen as a ditzy, spoiled, bratty kid who needs to be taken down. She is the poster child for the over-indulged college student. She pushed the story of the lost evidence off of the headline and reinforced her image of being the "Paris Hilton" of Kane County. (Piece of unsolicited advice for Steve Komie, you may need to hire this client a PR consultant with a brain.)
We are now in the days of everyone, friends and foes, being able to record every waking moment of our lives. It is time to get smart. Ms. Scoliere's parents need to smarten up too. Get her into the house and keep her there until her trial takes place. How about considering placement into a rehab? It doesn't matter how unhappy she is. Drive her to Mr. Ferraro's cemetery plot every day, and remind her how unhappy his family must be. Have her leave a flower on the grave, a stone on his tombstone, and a prayer for his and her soul.
To my friend and colleague Steve Komie: Keep up the good work. You have a tough client there, but you represent all of us when you work to keep the government honest. Good Luck.
Hattip Avvo Legal News
Hey guys next time dig a little deeper, your article missed the "real story" the one about the Police destroying evidence!!
Komie has proved that Town of South Elgin Police destroyed the blood test prosecutors hoped would prove Erika Scoliere was drunk when she collided with motorcyclist Frank Ferraro. Without the test and sample, the defense cannot test the blood nor can it test the accuracy of the test at trial. That any evidence in an on going case is destroyed is a mystery, that the "best evidence" against a murder suspect is destroyed, right before trial, should lead potential jurors to wonder if the test actually showed ANY proof of alcohol at all.
The lead story in the news Friday should have been about how police malfeasance is causing Scoliere to get less than a fair trial. BUT NO!!
Seems that Scoliere or one of her inane "friends" posted asinine pictures of her on Facebook guzzling Tequila at a college party(in violation of her terms of release.)
Now first off, how did this young woman GET INTO a college to begin with? I mean what kind of brain damage do you have to have to realize that you killed someone and people are not happy with you? Prosecutors are looking for a reason, ANY REASON to convict you, and you decide it is a good idea to be in a place known for alcohol and stupid decisions (sorry Frat parties are Frat parties)?
Secondly, you are out on bail with an order to "call in" to probation while you are allowed to attend your "out of state" private college and go on vacations with your family. How do you "misunderstand" that Court Order?? ( I have to ask though why no one from probation notified Komie that his client was missing calls.)
The damage here is not that Scoliere now must wear a SCRAM (Secure Continuous Remote Alcohol Monitor.) It is that instead of being viewed as the victim of police, and a rush to judgment by an angry and hostile prosecution, she is seen as a ditzy, spoiled, bratty kid who needs to be taken down. She is the poster child for the over-indulged college student. She pushed the story of the lost evidence off of the headline and reinforced her image of being the "Paris Hilton" of Kane County. (Piece of unsolicited advice for Steve Komie, you may need to hire this client a PR consultant with a brain.)
We are now in the days of everyone, friends and foes, being able to record every waking moment of our lives. It is time to get smart. Ms. Scoliere's parents need to smarten up too. Get her into the house and keep her there until her trial takes place. How about considering placement into a rehab? It doesn't matter how unhappy she is. Drive her to Mr. Ferraro's cemetery plot every day, and remind her how unhappy his family must be. Have her leave a flower on the grave, a stone on his tombstone, and a prayer for his and her soul.
To my friend and colleague Steve Komie: Keep up the good work. You have a tough client there, but you represent all of us when you work to keep the government honest. Good Luck.
Hattip Avvo Legal News
Hey guys next time dig a little deeper, your article missed the "real story" the one about the Police destroying evidence!!
Judge to School District: "PISS OFF!!" & Let the Kids Play Chess!!
Sometimes I love writing the title of these pieces can you tell? :P
When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...)
The district wanted to know who was using drugs so that they could ban them from school trips and other activities. So if the kid was in the Band, played on the Chess Team or was raising a pig for the state fair, he had to pee in a cup first. The reasoning is that the school has to supervise these kids while they are on school trips and if they are in a club or in the band they are more likely to have to go on overnight trips and they might be harder to supervise if they use drugs or alcohol. Brilliant! So we will just keep them out of supervised activities so they can take part in unsupervised activities... (No wonder Johnny can't think. These people have no idea about teaching anything.)
Now I have had the pleasure of "chaperoning" a few Forensic overnight trips, and while they have the ability to get out of hand, they don't, because DEBATE CLUB KIDS CAN'T DO DRUGS AND STILL PERFORM WELL!!
I have a feeling the same goes for members of the CHESS CLUB! Not to mention, it is far harder to play classical flute music than to improvise a new riff while you are high. Nonetheless, these examples of student spirit were told "pee in the bottle or no Drama club."
Now the SCOTUS, which is filled by people so old they don't remember BEING in High School, ruled about a dozen years ago that you can force a kid to take a drug test if he is even attending your school. Justice Marlow the judge in the case at bar held that under the California State Constitution the right to privacy is protected. One can debate whether such a right is in the US Bill of Rights, but Californian's passed this right in 1972.
I think the court in this case is right. It is the good kid who must give up his or her right to privacy while the slacker who does nothing in school but shows up can come and go as he pleases. Moreover, it shouldn't be a rule that to participate you have to allow someone to watch you urinate in a cup. High school is hard enough without having to pass every adult test. I'd like to know what you think however.
I could not find a copy of the decision to post, so if you know of one, pass it to me ok?
Thanks, TLD.
Hattip: Raw Story
When has a school district "nanny stated" itself too far?? Well in California, it seems that when the Shasta Union High School District wanted to drug test kids on the CHESS TEAM, a court said, uh NO!!! (Emphasis added...)
The district wanted to know who was using drugs so that they could ban them from school trips and other activities. So if the kid was in the Band, played on the Chess Team or was raising a pig for the state fair, he had to pee in a cup first. The reasoning is that the school has to supervise these kids while they are on school trips and if they are in a club or in the band they are more likely to have to go on overnight trips and they might be harder to supervise if they use drugs or alcohol. Brilliant! So we will just keep them out of supervised activities so they can take part in unsupervised activities... (No wonder Johnny can't think. These people have no idea about teaching anything.)
Now I have had the pleasure of "chaperoning" a few Forensic overnight trips, and while they have the ability to get out of hand, they don't, because DEBATE CLUB KIDS CAN'T DO DRUGS AND STILL PERFORM WELL!!
I have a feeling the same goes for members of the CHESS CLUB! Not to mention, it is far harder to play classical flute music than to improvise a new riff while you are high. Nonetheless, these examples of student spirit were told "pee in the bottle or no Drama club."
Now the SCOTUS, which is filled by people so old they don't remember BEING in High School, ruled about a dozen years ago that you can force a kid to take a drug test if he is even attending your school. Justice Marlow the judge in the case at bar held that under the California State Constitution the right to privacy is protected. One can debate whether such a right is in the US Bill of Rights, but Californian's passed this right in 1972.
I think the court in this case is right. It is the good kid who must give up his or her right to privacy while the slacker who does nothing in school but shows up can come and go as he pleases. Moreover, it shouldn't be a rule that to participate you have to allow someone to watch you urinate in a cup. High school is hard enough without having to pass every adult test. I'd like to know what you think however.
I could not find a copy of the decision to post, so if you know of one, pass it to me ok?
Thanks, TLD.
Hattip: Raw Story
Four Blog Posts You Should Read: An interesting Day in the Blogosphere
Some days the quality of posting is just really good.
Check these out:
Love and Marriage is not for the Funky Brown Chick. Interesting comments.
Note to self...don't sarcastically ask if after a day of yelling and fighting with your toddler is it ok to smother her, at least not on Twitter. Some humorless follower may call the cops.
Hattip: Spin me I Pulsate
Wow US Attorney Patrick Fitzgerald says you're guilty of something and we don't even have to have a trial. Man the kangaroos are jumping in Illinois. Dissenting Justice Darren Hutchinson says NO WAY. At least he believes there ought to be a trial.
Keeping it real. An adult,orphaned in childhood, recounts being reunited with her family on her last Birthday. It will move you.It moved me. Read "Me..Being Anonymous". This lady has a story to tell.
A day filled with new voices and ideas.
Check these out:
Love and Marriage is not for the Funky Brown Chick. Interesting comments.
Note to self...don't sarcastically ask if after a day of yelling and fighting with your toddler is it ok to smother her, at least not on Twitter. Some humorless follower may call the cops.
Hattip: Spin me I Pulsate
Wow US Attorney Patrick Fitzgerald says you're guilty of something and we don't even have to have a trial. Man the kangaroos are jumping in Illinois. Dissenting Justice Darren Hutchinson says NO WAY. At least he believes there ought to be a trial.
Keeping it real. An adult,orphaned in childhood, recounts being reunited with her family on her last Birthday. It will move you.It moved me. Read "Me..Being Anonymous". This lady has a story to tell.
A day filled with new voices and ideas.
Free Ride Home For HS Students IN SYOSSET-WOODBURY, PLAINVIEW/OLD BETHPAGE , or JERICHO SCHOOLS Stranded on New Year's Eve: NO DWI'S TONIGHT!!
This New Year's Eve I am offering any High School Student at any High School located in the Plainview/Old Bethpage, Syosset-Woodbury or Jericho-Brookville School Districts, a free ride home from a party, bar or Train Station (Hicksville or Syosset stations) in those school district boundries, if:
1. You are too drunk to drive home
of
2. You do not have a safe ride home because the person driving You is intoxicated.
For a driver under 21 on Long Island that means if you had more than 1 drink and you are 100lbs or 2 drinks and are 150lbs or 3 drinks and 200lbs YOU ARE NOT SAFE TO DRIVE!!!
All you have to do is call 516-741-3400 and request a ride. The service will be provided between 11PM tonight December 31 2008 and 7AM January 1st 2009.
Doesn't matter if the intoxication is by drugs or alcohol. NO QUESTIONS ASKED. I will even arrange to have your car brought to your home the next day!!
That is right, if you have no way to safely and legally get home I will either pick you up, or have a car service pick you up, on my tab, and Drive You HOME.
No one needs to be arrested tonight. No High School parent needs to call me in the middle of the night to tell me that his or her son or daughter is lying in a hospital, or sitting in a cell because of a driving while intoxicated issue in the Syosset-Woodbury, Plainview or Jericho-Brookville school districts on Long Island. All rides are courtesy of:
The Law Offices of Anthony J. Colleluori & Associates, PLLC
180 Froehlich Farm Blvd.
Woodbury, NY 11797
1. You are too drunk to drive home
of
2. You do not have a safe ride home because the person driving You is intoxicated.
For a driver under 21 on Long Island that means if you had more than 1 drink and you are 100lbs or 2 drinks and are 150lbs or 3 drinks and 200lbs YOU ARE NOT SAFE TO DRIVE!!!
All you have to do is call 516-741-3400 and request a ride. The service will be provided between 11PM tonight December 31 2008 and 7AM January 1st 2009.
Doesn't matter if the intoxication is by drugs or alcohol. NO QUESTIONS ASKED. I will even arrange to have your car brought to your home the next day!!
That is right, if you have no way to safely and legally get home I will either pick you up, or have a car service pick you up, on my tab, and Drive You HOME.
No one needs to be arrested tonight. No High School parent needs to call me in the middle of the night to tell me that his or her son or daughter is lying in a hospital, or sitting in a cell because of a driving while intoxicated issue in the Syosset-Woodbury, Plainview or Jericho-Brookville school districts on Long Island. All rides are courtesy of:
The Law Offices of Anthony J. Colleluori & Associates, PLLC
180 Froehlich Farm Blvd.
Woodbury, NY 11797
Breaking News Black Friday Tragedy : Disturbing Video
OThers bloggers are turning their attention away from India and onto the "Black Friday Tragedy" that killed Jdimytai Damour of Jamaica, Queens.
This is a very disturbing Video (Hattip: Anderson Cooper 360)
Newsday has a story about the kind of guy Jdimytai was. A gentle giant of Haitian roots he grew up on Long Island. He was the kind of guy who loved poetry and his family.
Money quote from his distraught father: "I don't know what happened to him. He's gone. Only God knows what happened to him," said his father, Ogera Charles.
This is a very disturbing Video (Hattip: Anderson Cooper 360)
Newsday has a story about the kind of guy Jdimytai was. A gentle giant of Haitian roots he grew up on Long Island. He was the kind of guy who loved poetry and his family.
Money quote from his distraught father: "I don't know what happened to him. He's gone. Only God knows what happened to him," said his father, Ogera Charles.
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