Some things are simply hard to explain.
Why is there something rather than nothing?
How did self-conscious beings arise out of lifeless star dust?
And, how can prosecutors be so cold-hearted?
To help answer question number three, above, we’re going to review a recent case. To mentally prep you, let’s start with some stretching exercises. For sentencing purposes, assume that drugs are bad, and selling them is even worse. Contrary to what you’ve seen on TV, most of the drug sales force out there consist of poor people trying to support their habit. They don’t own fast cars or 22″ rims. And, it’s probably a myth that they’re “selling” anything. Philosopher Chris Rock argues that no one really “sells” drugs–drugs sell themselves. If you can get someone to buy life insurance, you’re a sales person with real sales skills. I’m just saying.
Anyway, our real life story for today involves a single mother of three young children, and she was caught selling drugs in order to support her addiction. State v. Sawyer, 2016 Fla. App. LEXIS 17723 (Fla. 1st DCA 2016). The penalties facing Ms. Sawyer were steep. She scored a minimum mandatory prison term of 39 months. Could go all the way up to 15 years prison, but she must do at least 39 months (that’s what “minimum” means, right?). Her defense attorney wanted the judge to give her something less than the minimum sentence required, but Florida law does not permit a judge to sentence than the minimum unless the case qualifies for a “downward departure”. Did Ms. Sawyer deserve over three years in prison? Did Ms. Sawyer qualify for less than 39 months via a downward departure? I’m sure you realize that a sentence which is “just” is not the same thing as a sentence which is “legal”, so let’s see how these to important issues played out.
The prosecutor would not agree to a lower sentence, so the only option was to ask the judge for a lower sentence. Ms. Sawyer had several witnesses testify, indicating “that she has a long history of substance abuse, and that there was a high level of substance abuse in the home as she was growing up. Until very recently she has never been involved in a substance abuse treatment program. She is currently involved in a treatment program offered to inmates in the Franklin County Jail, and the director of that program indicated that she has actively participated in the program, and he believes she is serious about wanting to conquer her addictions, and would benefit from further treatment.” Id.
Now, getting a sentence less than the minimum can be a tricky maneuver (we have addressed downward departures here, or here, and other places). It can get difficult to explain legalese where the “minimum” doesn’t really mean “The Minimum”. Far be it from me to get bogged down in “words” and “meaning” when such concepts only serve to get my clients serve more time (applying the logic of the Unfrozen Caveman Lawyer comes in handy at times like these).
So, you’ve heard the whole drug addict routine before. And, if you’ve seen Frank on Shameless you’ll have a pretty good understanding of what its like to live with an addict (Shameless is Showtime’s best show, other than Homeland, of course). But Ms. Sawyer’s problems don’t end there. As if addiction isn’t bad enough, a health care professional who conducted a substance abuse evaluation testified, and indicated that Ms. Sawyer “needs to be seen by a mental health provider” because she “has been a battered woman, she has had experiences with ill-fated relationships that have left her victimized; and then she victimizes.” Id.
The judge decided to give Ms. Sawyer residential drug treatment–instead of prison.
The prosecutor was furious. So much so, that the prosecutor filed an appeal. Yes, this appeal cost money. Yes, your taxpayer dollars hard at work. If the appeal is successful, it will cost taxpayers even more money to send Ms. Sawyer to prison for at least 39 months, rather than a year of residential treatment. And, don’t forget the cost to three young children who will not get to see a rehabilitated mommy after a year. If the prosecutor gets their way, the kids get to see mommy years and years later, after her release from prison. No rehab.
Like I said. Cold-hearted.
I regret to inform you that the prosecutor won. The appeals court overturned the residential treatment sentence, but only because the judge didn’t give a good enough reason for the downward departure. The appellate court, clearly, did not like what they saw here, with Judge Wolf indicating that he only overturned the sentence “because the law requires me to do so. However, the trial court, which heard extensive testimony and was present to evaluate the witnesses, made findings explaining that the interests of society and appellee would be best served by sentencing appellee to inpatient substance abuse treatment followed by community control and probation, rather than incarceration”. Wolf goes on to reason that a “trial judge should have the discretion to listen to the evidence, evaluate the witnesses, and come up with a reasonable downward departure sentence based upon the circumstances present in a particular case.” Id.
Amen.
Now, all hope is not lost. The court overturned the sentence but gave the lower court their blessing to depart “if there are valid grounds”.
Oh, I’m sure they’ll be valid grounds the next go-around.
Still, its disappointing to see so much turmoil in the world due to addiction. Its sad to see children suffer as a result. When people need help, and are willing to work for it (as is the case with residential treatment), its cold-hearted not give someone a chance to change their life.
The post Have A Little Heart appeared first on Orlando Criminal Defense Attorney Blog.