Where's the justice, Judge Hara?
David Finley was by all accounts a good guy, a family man with ties to the community and his church. More than 90 people who know him wrote letters asking Judge Glenn Hara to give him probation after his conviction for being a big-time commercial marijuana grower at his Volcano ranch.
Finley had already spent 14 months in jail and forfeited $85,000 while the case was being prosecuted. First-time offenders like Finley often get probation.
Another drug offender, Charles Rosecrans, was searched before boarding a flight to Oahu and was found to have nearly an ounce of cocaine concealed in his pants and about 100 pills, Xanax and Darvocet, in his luggage. Rosecrans said he was going to Oahu "to party."
Rosecrans has a "history of DUIs" and four prior convictions, Deputy Prosecutor Jason Skier told Judge Hara. In February 2007, Rosecrans was sentenced to 20 years in prison for second- degree promotion of a dangerous drug and first-degree promotion of a harmful drug, a class A felony.
But earlier this month Rosecrans went back back before Judge Hara for resentencing, just a few days before Finley appeared in Hara's court for sentencing.
There was no flood of letters from the community attesting to Charles Rosecrans’ character or calling for leniency from the court -- at least none reported.
No one said David Finley was a danger to the community, as Skier had described Rosecrans:
My concerns, at the time of (Rosecrans') initial sentencing, and at the time of his resentencing was the amount of drugs. He has a history of DUIs. He's been convicted four times. He is somebody that has an untreated drug problem, and driving around. Somebody like that is a danger to the community.
Yet it was Finley, 65, who was given two 20-year prison terms and Rosecrans (no age given) who got probation.
In Finley's case, Judge Glenn Hara said it was not easy for him and he spoke for several minutes about how marijuana is "entrenched in our island way of life," the Tribune-Herald reported. And while acknowledging the public debate on marijuana's place in society, Hara said to Finley:
I know you really regret what you did. But we have these laws ... Any sentence other than prison will undermine the community's respect for these laws. The only thing they will hear is 'probation.'
Well, now, after Charles Rosecrans' resentencing, all I hear is "probation" and I’m also hearing the word “travesty.”
How can this gross sentencing inequity instill greater respect for the law? Doesn't probation for cocaine, DUI and multiple repeat offenses also undermine the community's respect for these laws? Does Judge Hara really think Finley’s marijuana farm was worse for society than Rosecrans’ dangerous record?
On a different level, does it make sense to fill another long-term prison bed with the likes of David Finley while letting Charles Rosecrans off on probation? What a crazy world when the good family man goes to prison and the dangerous party guy gets a big break.
Do you feel any safer tonight?
Hunter Bishop
in Commentary, Community
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Reader Comments (12)
Glenn is a bright and able attorney but not about to be lenient in the courtroom. That should be weighed the next time a career prosecutor is appointed to the bench
Given the age and reputation of Mr. Finley, one would think he might ne treated more like Mr. Kenoi, the mayoral candidate, was when he messed up and was given the porverbial second chance.
I suggest you read the Jim Quirk piece today in WHT on the four main mayoral candidates and their times in the courtroom. It is a pretty fair and balanced piece for WHT
Well written article.
Regardless of a persons liberal or conservative position on
the sentencing of drug dealers it does seem that a 40 year jail sentence in the case of David Finley seems biased.
The Judicial system is certainly the weak link in the chain.
It is also the most difficult to change, with no democratic elections.
The Executive and the Legislative branch, however, are allegedly held accountable at by democratic elections.
What can be done with voters' initiative or referendum?
For example, regarding sentencing guidelines for violent crimes and previous violent offenders, versus nonviolent?
Prison?
...lock bad boys in a prison cell and they become mean men.
...schackle bad boys to hard labor and they earn some self respect, as well as sleep better at night...
"...ashame' to live in a land, where justice is a game..."
Bob Dylan
The problem isn't that Finley's sentence was too harsh. The problem was that Rosecrans got off too easy. If Hara means what he says about respect for the law, he should show it by sending Rosecrans back for his 20 the first time Rosecrans misses an appointment with his PO or fails a urine test (and I don't think we will have to wait long for that dirty UA).
Hara owes that bit of justice to Finley, and to the rest of us who will pay for Finley's incarceration. If you're going to send a message, judge, make it loud and clear. Make it fair.
I'm tired of for-profit drug sellers being portrayed as martyrs. It's a business of "peace," "love," and greed. And people die on occasion. No biggie, I suppose, if it advances he 'cause' of hemp.
http://www.spokesmanreview.com/local/story.asp?ID=220416