Atlanta is not the only city where recidivists with long records of serious crime are being permitted to avoid jail sentences because they are also drug addicts. From the Ithaca Journal, Ithaca, New York:
In a plea deal with prosecutors, a Groton woman charged with taking part in burglaries in three counties has been sentenced to time served, five years probation and ordered to attend drug court for local crimes.
Judge John Rowley sentenced Julianna Salerno, 30, on Friday after she pleaded guilty to third-degree burglary in Tompkins County Court. Salerno admitted that she waited in a vehicle and “acted as a lookout” for Daniel Samson, 25, of Groton, when he broke in and stole items from a building at Treman State Park.
Salerno and Samson were charged with six counts of third-degree burglary, four counts of third-degree criminal mischief, and petit larceny, a misdemeanor. . .
They were also linked to Cortland County burglaries at the Greek Peak Ski Resort and Hope Lake, and Cayuga County burglaries at Salmon Creek Sports, Grisamore Farms, Badman’s Bushel Baskets Produce, Ron’s Corner Store, Triangle Restaurant and Longpoint State Park, according to law-enforcement officials. [Ithaca Journal, "Groton Woman Receives Sentence," 4/27/09, fee for viewing]
More than a dozen burglaries, and this woman is being offered probation and community-based treatment, instead of conviction and incarceration, because she has a drug problem. This type of story, which plays out every day, severely challenges the conventional wisdom that our prisons are stuffed with otherwise innocent drug addicts serving long sentences for merely possessing drugs. Claims that prison populations have expanded because states are locking up mere addicts are not true either, as this chart on inmates from the Department of Justice clearly shows:
The problem, again, is lenient judges, not to mention a system so steeped in anti-incarceration ideology that the mere idea that someone might expect to go to prison for committing a dozen burglaries can no longer even be taken for granted. The judge who sentenced Salerno apparently felt the need to say out loud that there was some possibility that she might go to jail despite her addiction:
While acknowledging Salerno’s actions may have been a “drug-related crime spree,” Rowley told her that she’ll be facing incarceration if she doesn’t adhere to her probation terms and treatment programs.
In other words, Salerno was permitted to get away with at least a dozen crimes against others, but if she messes up in rehab, a crime against herself, then the state might decide get serious with her. Is it any wonder that people have a hard time believing that the justice system is there to protect the rights of anyone except criminals?
Drug courts were never supposed to be used as a get-out-of-jail-free card for people with long offense records. They were supposed to be used to divert first-time offenders whose primary offense was drug-related. But even the term “drug-related” has been twisted: now, apparently, any crime committed by a drug addict is “drug-related,” as the judge in the case above above uses the term.
Another example of abusing both the concept of drug courts and the concept of “drug-related” crime, from the Baltimore Sun — note the reporter’s empathy for the criminal, and his disturbing efforts to downplay his crimes:
Break-In Artist Finally Gets Into Drug Program
Peter Hermann | Baltimore Crime Beat
Michael D. Sydnor Jr. is finally getting the help that he needs.
This is no small accomplishment, as District Judge George M. Lipman made cle[a]r when he learned that the drug-addicted defendant suspected of fueling a plague of car break-ins in downtown Baltimore had been accepted into an inpatient treatment program.
“Hallelujah,” the judge said, a pronouncement not often heard from the bench, and certainly not from this jurist, who apologized several times for being too preachy during Friday morning’s docket at the Hargrove District Court in South Baltimore. He told one man, upset that being sent off to jail meant his car would be towed, “I don’t wipe people’s noses.”
No, the judge doesn’t wipe people’s noses, but that probably needs to be put into the record, just to be clear, because he otherwise plays head cheerleader for repeat felons, as does the reporter. The victims? Well, never mind them: insurance will cover their losses.
Here is reporter Peter Herman’s heart-wrenching account of the court’s efforts to “help” Syndor. Note the way Syndor’s crimes become “petty,” “nonviolent,” and things that “drive people crazy” in the reporter’s hands, as if he is writing about some kid bouncing a basketball against a curb, not a repeat felon breaking into people’s cars, actually committing violent crimes, and betraying an utterly frightening disregard for the law:
I first wrote about Sydnor back in February, painting the 40-year-old as the face of a problem that drives residents crazy and tourists out of the city. Day after day, police reports of car break-ins pile up from Federal Hill, around the Inner Harbor and to the far edges of Canton.
Cell phones used to be the prized catch, but now navigational devices, iPods and iPhones are all the rage, usually stolen by addicts seeking electronics to hawk for a quick buck to score a quick high, a never-ending cycle of car-to-needle-to-car that ends up costing us thousands upon thousands of dollars in increased insurance premiums, car window repairs and replacements for stolen items.
Sydnor is charged with breaking into two cars in January at a garage at 218 N. Charles St., and authorities tell me he’s suspected in other break-ins at garages at The Baltimore Sun and Mercy Medical Center on North Calvert Street. He has been in jail for the past three months awaiting word on a coveted, hard-to-get drug treatment slot, and his cases will be put on hold until he gets through the program.
Police have arrested Sydnor more than 100 times in the past 15 years and he’s been convicted dozens of times, mostly of seemingly petty, nonviolent offenses.
“Mostly of seemingly petty” offenses? What about the other ones? This isn’t journalism: it’s a mutual admiration club with three members: judge, reporter, and predator.
And these admiration clubs so frequently get out of hand, which is why I question one of the main tenets of drug court: that the judge and the offender form a relationship in which the judge takes a personal interest in the offender’s progress. Do we really need to be encouraging judges to be even more enamored of their “patriarchial/matriarchial” roles vis-a-vis criminals? Haven’t enough innocent victims of crime paid, with their lives, for these special moments of bonding, Hallelujahs, slap on the backs, and all?
Shouldn’t people like this be getting their drug and alcohol counseling in prison, as they’re serving time for their crimes?
Given how he reacted while sentencing Sydnor, the judge in this case might as well have been openly berating the public for its failure to leap to Sydnor’s aid by providing him with a bed, on demand, in a drug rehab center. Yet even a brief perusal of Sydnor’s incredibly long record indicates serial neglect on the part of Baltimore’s judiciary to protect the public from this man’s violence. In 1996, Sydnor was found guilty of assault (neither petty nor non-violent). Even though he refused to acknowledge his guilt and was found guilty, he was given only a suspended, one-year sentence — in other words, no time at all. He quickly ended up back in jail again, this time for second-degree assault, and received one year again, another example of judicial carelessness.
The record grows worse as time goes by. Drug dealing, narcotics dealing, felony theft. There are 147 separate court appearances in his record. Assault, second degree, in 2005, some 97 cases in? One month in jail. And this is what reporter Peter Hermann calls a non-violent, minor record? Have they lost their minds, or do they just despise the law-abiding public?
What do you call a 100+ time offender, appearing before Judge Lipman (who is, unsurprisingly, a former defense attorney)?
You call him a good candidate for drug court.