a public defender


David Pollitt rearrested; Governor has opinion

Posted on September 11, 2008 by Gideon

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What has happened is that David Pollitt has been re-arrested, because he allegedly went outside the monitoring area of his GPS device.

So, now, the political football has been inflated again and the Governor speaks out, urging his incarceration.

I realize that this would be a violation of probation, but it really, really, really bothers me that there doesn’t seem to be any concern about the rule of law and the process.

Who needs a hearing, a determination by a judge, actual evidence, facts, witnesses. I know we have a phrase for that in the law. Due….do…due…something or the other.

No, this is the Constitution State. Let’s say that one more time. Lather, rinse, repeat. We’re good. Carry-over goodwill or something.

This is a man that the Governor sought to have illegally confined beyond the length of his prison sentence. She was unsuccessful. So now that this technical violation has been charged, it seems that she has felt it appropriate to assume the role of judge, jury and sentencer (Yeah, I made up that word).

It’s not like there’s another side to the story:

His family said he was in his back yard, and the whole issue comes from a faulty GPS reading.

Family members said they don’t understand why the governor is getting involved without knowing all of the facts. They said Rell should wait until all of the details come out.

Of course, in this rush-to-judgment and “tough on crime” State, who cares what these criminals have to say.

I’m sorry if this is a harsh rant, but. I feel rather disgusted. Disgusted that there is no regard for the process; for the justice system.

She wrote to the Chief State’s Attorney, urging his incarceration (putting aside the ethical problems for Atty. Kane with any such request):

In a letter to Kane dated today, Rell wrote: “As you know, I vigorously opposed Mr. Pollitt’s release into the community last year. However, the court freed him, causing widespread and justifiable concern among the residents of the Southbury neighborhood.

“Given Mr. Pollitt’s record of violence and his apparent inability — or unwillingness — to live within the terms of his release, the safety of the community demands nothing less than his return to prison,” Rell wrote.

No, Madam Governor, WADR, the Court did not free him. His sentence expired. You know, that part of any incarceration, where the time for which he has to be confined runs out. You know, that part of the rule of law that says you cannot hold him any longer. It is absolutely appalling that a Court had to waste its resources to intervene to remind some that we don’t incarcerate people when there is no legal basis to do so.

I guess she’s able to discern between an allegation and a conviction, because she uses the word “apparently”. So then why act as if it is a done deal? Is this what the leader of a State is supposed to do? To pass judgment on a citizen before the process has been completed? To make snap judgments without any evidence or facts or without all the information? She wields a position of power - I hope she doesn’t make all her decisions in this cursory manner.

Look - he very well may have violated his probation. I don’t know. But neither do you and neither does the Governor. Let’s withhold judgment until there’s a hearing.

Why do I get sucked in like this……sigh.

(I will note that the Governor sent no such letter to anyone after the shootings in Hartford or the resulting curfew. A tale of two cities indeed.)

(Also, who here is actually surprised that he was picked up for something. I’m surprised that it took this long.)

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2 Comments »

Comment by Anon
2008-09-12 11:54:53

The State has withdrawn the violation of probation warrant, because the GPS company says the device was malfunctioning.

 
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