American Injustice System, part I

Some say that justice is blind; the American judicial system is deaf and dumb as well.

Criminal sentencing is wildly inconsistent as judges punish criminals with blatant disregard for the severity of their crimes.  Three cases in the last month alone illustrate the shortcomings of the country’s judicial system.

Cleveland Browns wide receiver Donte Stallworth pleaded guilty to charges of DUI manslaughter for killing a man while driving drunk; he will serve 24 days in jail.

Chicago Police officer Anthony Abbate was found guilty of aggravated battery for a drunken incident where he belligerently threw a female bartender to the ground and beat her; he will serve two years probation, avoiding jail altogether. 

A man named Lee Crider pleaded no contest to charges of burglary and theft for stealing three bicycles, including one owned by world-famous douche-on-a-bike Lance Armstrong; he will serve three years in jail.

The incongruity of the punishments compared to the crimes is utterly staggering.

::

In the early hours of Saturday, March 14, Stallworth was partying at a swanky bar in Miami Beach’s Fountainebleau hotel.  In a stroke of genius, the drunken athlete decided to drive his Bentley after leaving the bar.

At about 7:15 a.m., 59-year old Mario Reyes was crossing the street when he entered the path of Stallworth’s Bentley.  Stallworth kindly flashed his headlights to warn Reyes before fatally striking him with the luxury car.

Stallworth stopped at the scene of the accident and phoned police, a mitigating factor that contributed to his remarkably light sentence.

Stallworth pleaded guilty to DUI manslaughter and paid off Reyes’ family to avoid a lawsuit.  He was sentenced to 30 days in jail and 1,000 hours of community service.  He must undergo drug and alcohol testing, and his driver’s license was suspended until the end of time. 

Stallworth will serve only 24 days in jail, factoring in credit for time served and Florida’s generous sentencing rules.      

NFL Commissioner Roger Goodell suspended Stallworth indefinitely and will meet with the player to determine proper disciplinary action.  Ironically, the NFL’s punishment seems nearly as harsh as the court’s, considering that Stallworth was slated to earn more than $300,000 per game in 2009. 

Stallworth comes from a long line of athletes and celebrities with a DUI conviction on their resume.  His case had a far more tragic outcome than most stories, leading to the death of an innocent man. 

The Cleveland Browns were paying Stallworth nearly $5 million per year.  The day before the incident, he had received a $4.5 million roster bonus.  Yet he insisted upon driving his own luxury car in an inebriated state.  I fail to understand how celebrities with massive incomes fail to simply hire a driver to carry their drunken, famous asses around town (I’m looking at you, Jack Bauer).

While I have not properly researched the topic, I assume that the cost of hiring a driver wouldn’t have crippled Stallworth’s bank account.  I imagine that Stallworth would be able to find a reputable individual willing to accept $100,000 a year to drive him around Miami.  This would amount to less than two-hundredths of a percent of Stallworth’s annual salary, and would surely result in fewer dead Floridians.

Now, Stallworth’s license is suspended for life.  He will have to hire a driver to cart his soon-to-be-unemployed ass around town, and his conscious will never be clear.  His frugality has forever changed his life and has led to the end of another’s.

While I will not accuse the sentencing judge of being influenced by Stallworth’s celebrity, or the effectiveness of the high-priced lawyers that he undoubtedly threw mounds of money at,  I suspect that a nameless, middle-class person such as myself would have received a far harsher penalty for the same crime.

::

Like most Chicago Police officers, Anthony Abbate was drunk with power.  On the night in February 2007, he was drunk with booze, too. 

Actually, by most accounts, Abbate was in state best described as “shit-faced.” I apologize for using such complex medical jargon.

Abbate was indignant when the tiny bartender, Polish immigrant Karolina Obrycka, refused him service.  He was appalled – after all, he was a police officer, entrusted to protect and serve the citizens of Chicago.  How dare a tiny Pollock bitch deny him another drink?

The proud civil servant attempted to go behind the bar to serve himself.  Obrycka requested that he leave, attempting to shove him back into the public area.  Abbate responded by mercilessly beating the small woman.

He knocked Obrycka down and began to pummel her, relentlessly kicking and punching her as she writhed on the floor.  Abbate would later testify that he felt threatened by the woman, who is less than half his size.    

The now-infamous incident was captured by closed circuit camera and replayed on news broadcasts to horrified viewers across the country. 

In a two-day bench trial, Cook County Circuit Judge John Fleming found Abbate guilty of one count of aggravated assault, dismissing the officer’s claim that he was acting in self defense.  The judge rationalized that Abbate did not abuse his position as an officer during the incident, so two counts of official misconduct were dismissed. 

Abbate was facing up to five years in prison.  During sentencing, Fleming spared Abbate a jail sentence, opting for two years of probation instead.    

Anthony Abbate is a free man.  Karolina Obrycka is a changed woman, fearing police and insulted that Abbate refused to apologize for senselessly beating her.

Fleming explained his decision by noting, “If I believed sending Anthony Abbate to prison would stop people from getting drunk and hitting other people, I’d sentence him to the maximum.”

The judge failed to consider that Abbate is a public servant, entrusted with the serving and protecting the citizens of Chicago.  Such a violent outburst is an egregious breach of public trust.  In many ways, Abbate should have been held to a higher standard than his civilian counterparts.  Instead, he was let off with a slap on the wrist. 

Predictably, there is little public outcry over the verdict.  Chicagoans have grown accustomed public officials and servants abusing their powers with complete impunity.  When Abbate was arrested, Chicago police brazenly attempted to charge him with a misdemeanor and officers later blocked the press from questioning Abbate after court appearance.    

These blatant stonewalling tactics, combined with the fallout from a variety of other police department scandals involving abuse of authority, led to the early retirement of Chicago Police Superintendent Philip Cline in 2007.

Yet Cline was only one cog in the vast Machine that operates Chicago and Cook County.  He took the fall and was replaced, but little changed. More than in any other city in America, public figures in Chicago can get away with murder – or at least beating the living shit out of a defenseless female bartender. 

Favoritism clearly played a role in the ruling of Cook County Circuit Judge John Fleming.  I am certain that I would serve jail time if I administered a drunken beat-down to a bartender.  Fleming should be removed from the bench for sentencing a violent Chicago cop as if he were a shoplifter. 

Unfortunately, this will never happen.  In Cook County, when a judge’s term expires, they run unopposed for retention.  As long as sixty percent of voters vote to retain Fleming, he will keep his job.

Apathetic Cook County voters will pay little attention to their ballots, vote for Fleming and plead ignorance.  Fleming will keep his spot on the bench and continue to rule in favor of powerful individuals like Anthony Abbate. 

And the machine will roll on.

::

Continue on to the stirring conclusion of American Injustice System.

one response to 'American Injustice System, part I'

subscribe to comments with RSS or TrackBack to 'American Injustice System, part I'.

1. son of a bitchin cocksuckers

   tanja

   07.12.09 06:05 AM

    

respond/react

name (required)

email address (required; will not be published)

website