User:Legalhern

UPDATED-PARIS HILTON PREDICTION FROM JAIL HOUSE LAWYER: Based on best available information, it is my belief that her attorneys have to establish a better record than currently exists. As such, I predict that her attorneys will file a motion for reconsideration (or similar motion) that includes several affidavit from experts (that if a hearing is granted will be available to testify under oath in open court) that Paris is not capable or not mentally fit to serve the sentence without suffering future unknown consequences. Understand, I have respect for many, judges, prosecutors, and law enforcement in general. I also freely express my opinion and desire to make it known when I believe those officials, as here, abuse their positions.

Paris and her lawyers are not at fault, it is Superior Court Judge Michael Sauer who is at fault here. This so-called judge - is obviously overzealous in his desire to punish Paris to display his power over her, that he has disrespected and abused her counsel and Paris by not providing any reasonable time for them to prepare for a hearing. The judge demanded a hearing NOW,.

Without affording even a modicum of respect to those officers (attorneys) of the court or to Sheriff Baca to have a reasonable and meaningful time to prepares for a hearing, just he could lock up Paris. The judge is so obviously determined to punish Paris, that he cannot bear the thought that would serve even a minute less in a maximum security facility.

After all, the right to fair and equal NOTICE is a constitutional due process right that is routinely afforded to even those criminals convicted of the most heinous of crimes. Here we have a simple every day traffic matter that does not warrant the exigent and light speed demands of this pompous so-called judge in his Orders and actions.

According to news reports the judge may be having second thoughts about his precipitous action. As such, he may alter his position next week. If so, he is doing so to cover his ass, and not for benevolent reasons as he will attempt to claim.

BY THE WAY, AS I BELIEVE THAT THIS JUDGE NEEDS TO BE PUT IN HIS PLACE AND THAT THE COMMUNITY NEEDS TO SEE HOW SOME JUDGES ACT LIKE GOD AND ENJOY DIVIDING FAMILIES AND MAKING PERSONS SUFFER, I HEREBY OFFER TO PROVIDE CASE LAW AND ARGUMENT TO PARIS AND HER ATTORNEY'S AT NO COST.

That normally the Court must sentence a defendant to the custody and care of the warden, jailer or sheriff for the service of the sentence. Technically, the judge can impose any sentence permitted by statutes for such a violation involved. Normally the custodian and NOT the judge determine which facility under the custodians control can decide where to house the prisoner as well as the good time awarded.

I also believe that a judge cannot increase a sentence that he previously imposed, as may have occurred here.

However, even if the judge has jurisdiction, the judge should have deferred to the expertise and discretion of the custodian of the prisoner, in this case, Sheriff Baca as a simple profession courtesy. I respect sheriff Baca for his almost certain consideration of the “Big Picture”. The Big Picture includes he has far more prisoners that are dangerous that do not disrupt his jail or put him in the spotlight. The Big Picture and common sense do not include the extreme disruption of this jail to simply please a hypocrite judge and others with draconian ideas of justice.

Sheriff Baca almost cer6tainly considered the liability and cost to the county of Los Angeles, all which easily outweigh the judge position (particularly for such a bullshit offense). It is clear to all but the blind that the additional cost to the citizens of Los Angeles that has already occurred is substantial for such a stupid judge and case.

To those persons, who in my opinion stupidly believe that the judge did this to prove justice is fair and not blind, I wish it were true. This judge does not give a damn about justice, equality or minorities -he simply is justifying a self-serving perverted act. It is clear he imposed a sentence on Paris that is not consistent with the norm, but in excess of the norm.

Instead (IN MY LEARNED EXPERIENCE) you have a judge who almost certainly is jealous of Paris and her wealth. As to Paris and mother’s statements, it was their constructional right to state their opinion. If the judge does not honor their constitutional rights, but considers his pride and little feelings were hurt (and that they did not sufficiently bend and bow to his thrown) and he is “oh so more important than Paris, he should be on the bench at all.

While I normally support many of Reverend Shaprton's positions, I an disappointed that he wants to see Paris suffer as other minorities do. As Christian, I would think that he would want the reverse and realize that the answer is this judge and those like him are the ones who need correction and should be removed from the bench.

The main reason for the enactment of the federal sentencing guidelines was to prevent sentences that were not the norm and to prevent as judge, as here from abusing their discretion.

That under these circumstances that for the Court to continue to require Paris to serve the sentence could be considered (dependent on the appellate judges) to be cruel and unusual punishment, denial of equal protection, denial of the due process right to notice, and in light of Paris mental state and insufficient time for her attorney’s to prepare of a hearing, she has been denied her right to meaningful assistance of counsel.

TRUST ME - I KNOW! I have served ten (10) years in federal custody (including many facilities like Leavenworth Penitentiary with good and bad custodians in charge). As such, while and I acknowledge Paris most likely has received a degree of special treatment in many cases, I cannot justify seeing another human being made to needless suffer for such a minor offense - YES MINOR. Any decent humane being should not be pleasured by seeing a “poor or rich person” hurt or enduring punishment for such a ridiculous case.

For you important all knowing reporters, experts and etc., who are attorneys, before you start your typical condescending opinion and commentary about jail house lawyers, ask yourself on how many writs of habeas corpus or petitions for writs of certiorari you have filed? How many of those downtrodden or those defendants and imprisoned minorities that you now belated use to make a hero out of this judge, have ever lifted a finger to help out.

However, I know that the talking heads (and the judge are “getting their rocks off” and gleefully enjoying Paris Hilton’s suffering). To compare Paris petty offense (at worst a misdemeanor) with felons is ridiculous. I wished that all of you assholes and inhumane torturers could experience the disorientation and fear of but a single night in the Los Angele County (or any other major city jail). I KNOW YOU - YOU ARE THE TYPE THAT WOULD BEG A JUDGE AND HIDE UNDER THE TABLE FORCING THE SHERIFF TO DRAG YOU OUR LIKE THE COWARDS YOUR KNOW YOU ARE. You would not be so quick to express your smart ass and self-righteous position. IT IS SICKENING.

Remember, you do not fool anyone who has a brain that to are simply a person who is perfect and never has had a single bad thought or made a mistake - no of course, obviously you were born a saint.. WHAT COMES AROUND GOES AROUND. ONE WAY OR ANOTHER YOUR DAY WILL COME.

John H