a public defender


Time to eat crow, Madam Governor

Posted on September 12, 2008 by Gideon

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

It's okay, you can eat crow

It happened. I’m just surprised that it was this quick. After yesterday’s frantic call by the Governor for David Pollitt to be reincarcerated, it is fitting that today the prosecutor withdrew the warrant and dropped charges.

New London States Attorney Michael Regan told Judge Susan B. Handy that GPS records probation officials relied on when drafting the warrant for Pollitt’s arrest were incorrect.

“The GPS system was not functioning properly at the time the reading was taken,” Regan said. The disclosure left egg on the faces of judicial officials and government leaders, including Gov. M. Jodi Rell, who had demanded that Pollitt be returned to prison. On the way out of court, Pollitt, who had denied he left his sister’s yard, quipped to a probation official, “Kind of embarrassing, isn’t it?”

Heh. He’s funny. That’s exactly what the family said happened. A malfunctioning GPS. No case. Welcome back home, Mr. Pollitt.

This would have been the perfect opportunity for the Governor to atone for yesterday’s rush to judgment. But we in Connecticut have come to not expect anything. Instead of apologizing to Mr. Pollitt and the citizens of Connecticut for her embarassing rush to judgment, she focused on the problems with the GPS system:

“It is disappointing and frankly maddening to learn that the GPS technology used to monitor Mr. Pollitt was not working properly. We use GPS tracking for a reason,” Rell said. “In fact, we pay quite a bit of money for it ? but it’s not about the money, it’s about safety. There is no excuse for the failure to track an offender.

“This incident raises a number of troubling questions: Is the GPS system we are using reliable? Can we be sure this will not happen again?” Rell continued. “And what safeguards are in place to let us know when a problem arises? The reliability of this technology is absolutely essential. Both the Judicial Branch and the Board of Pardons and Paroles need to address these questions and ensure the accurate tracking of all offenders wearing monitoring systems.

“Frankly”, I find this “maddening”. Instead of ackowledging her mistake, she’s placing blame elsewhere and asking for others to be held accountable. When will you be held accountable, Mme Gov.? When will you apologize to the rest of the citizens of the State and show that you care about more than just the rich white folk that live in Southbury. I may not have voted for you, but you’re still the Governor of Connecticut, not white suburbia.

Oh, but there’s more. It’s not like she’s learned anything from this:

At the first violation of his probation conditions ? no matter how minor ? he should be remanded to prison.”

Yes, continue to show the citizens of this State that you care nothing about due process or the judicial system.

This was an opportunity to make amends. Unfortunately, I think she’s underestimating the anger this will foster in the non-suburbian communities in CT.

This was a time to eat crow, Governor, not dig your head further in the sand. Tsk, tsk.

Sphere: Related Content

RSS feed | Trackback URI

14 Comments »

Comment by Ilah
2008-09-12 22:55:39

The false surprise over the failings of GPS are mighty annoying. GPS marketers do a great job of selling, and their legal departments do a fabulous job of attaching disclaimers about the limitations of the equipment. Asked directly, GPS folks will say flat out there are problems, limitations, and “routine” malfunctions.

 
Comment by Defender
2008-09-13 07:54:47

The failure of the GPS tracking system notwithstanding, remanding a felon to prison for violating a condition of probation is clearly a component of due process and the judicial system. It is codified in law. The system works, the charges were dropped. The sky is not falling and constitutional rights have not been suspended as your histrionics suggest.

Comment by Gideon
2008-09-13 08:37:31

Yes, the system worked, but not because of the Governor, but despite her.

Her request wasn’t “if he’s found guilty, he should be sent to jail”, but “apparently he’s guilty, so he should be sent to jail”. There’s a big difference.

And no, the sky is not falling and Constitutional rights have not been suspended, but any such incursion or suggestion - however minor - must be resisted with the most zealous of defenses.

Today Mr. Pollitt, tomorrow you or me.

 
 
Comment by shg
2008-09-13 10:14:14

But for the fact that an honest prosecutor did the right thing, the sky would indeed have fallen.

Kudos to the States Attorney, particularly in light of the committment made by the governor. If only we could be confident that this will always be the case.

 
Comment by Anton
2008-09-13 18:43:54

And it’s not just the Governor. How about our esteemed Attorney General?

 
Comment by Defender
2008-09-13 21:41:28

I do not fear what you fear and I am not a serial rapist.

Comment by Gideon
2008-09-13 21:52:10

Why do you think you’re different? (This is not bait. I’m actually curious - why do you believe that it would not happen to you?)

 
 
Comment by Gerard Subscribed to comments via email
2008-09-14 09:28:32

The Courant weighs in.

 
Comment by Lil Spicy
2008-09-14 13:58:20

Although I agree with the Courant’s position on this issue, it would have been nice if they would have taken a position BEFORE the dust had settled. One of the benefits of online newspapers is suppose to be the ability to get the news as it happens.

Gideon stepped out there and called a spade a spade while many others sat on the sidelines saying nothing. My hats off to Gideon for keeping us REAL defenders informed.

Keep up the GREAT work that your doing on behalf of all of those who believe in & support justice.

Comment by Gideon
2008-09-14 20:01:38

The Courant is notoriously slow in updating stories on its website. It is almost as if it has a website, but treats it like a newspaper, so new stories go online at midnight every day or something.

 
 
Comment by Marie Subscribed to comments via email
2008-09-14 23:56:10

I once worked on an appeal where the client was accused of murder while wearing a GPS device. The GPS had never malfunctioned on him and it proved him at home at the time of the murder. However, at trial, the prosecution used the fact that these devices routinely malfunction to “explain” why the GPS showed him at home when he was allegedly murdering on the other side of town.
David Pollitt was lucky this time. Let’s just hope there are no rapes or murders anywhere in town though. Now that his GPS has a record of not working it might be even easier to convict him for any crime in town.

 
Comment by RR
 
Comment by Gerard Subscribed to comments via email
2008-09-16 20:04:55

Chris Powell in today’s Journal Inquirer
Serial rapist David Pollitt is good for one thing anyway. He keeps teaching Connecticut about due process of law.

Comment by Gideon
2008-09-16 20:19:05

You know, he’s an odd one. I find myself agreeing and vehemently disagreeing with him at the same time. For instance, he deliberately misstates the record of the Cheshire accused, but he makes a very good point - albeit indirectly - about the racial divide in the Guvnor’s outrage.

He created a bit of a furor in the CT Law Tribune a few weeks ago about minority judges that produced voluminous responses.

He’s also the one who wanted information identifying those that got New Haven IDs released.

So I guess I mostly disagree with him, but he makes sense at times.

 
 
Attention: Before you comment, please read the disclaimer/privacy policy and the comment policy. By commenting here, you agree to abide by the terms and conditions of this blog and you take full responsibility for your comments and any consequences thereof.

Name (required)
E-mail (required - never shown publicly)
URI
Subscribe to comments via email
Your Comment (smaller size | larger size)
You may use <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong> in your comment.

Readers who viewed this page, also viewed:

Trackback responses to this post