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To: wisconsinconservative
FWIW, the creep was already free on parole.

The judge (when the facts of the hearing are reviewed) didn't have sufficient reason to revoke parole.

The failed drug test was attributable to Smith's prescribed medication, and this was investigated and confirmed by the parole officer.

The failure to pay court costs and fines gave the judge more chance for discretion, but under the circumstances he can not be said to have acted unreasonably. At least, he considered the same mitigating factors he would with any other parolee.

With no other evidence that Smith was violating parole (atying out late, using drugs, comitting crimes) it would have been very unusual for the judge to lock him up for being too poor to pay his fines, especially since he made regular payments while working.

THe judge found that Smith had not willfully refused to make payments.
Smith was unemployed and had no other means to make payments. He had made payments while employed. Smith had spent a stretch in the booby hatch and rehab, was on meds because of it, and had only been able to find spotty employment since.

I frankly think Smith's parole should have been revoked when he attempted suicide, but the judge did not have discretion to revoke parole for that.
750 posted on 02/06/2004 3:06:18 PM PST by SarahW
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To: SarahW
Smith SHOULD HAVE BEEN BAKER ACTED when he tried to commit suicide. Obviously, at that time, he was a danger to himself and as we now know, TO OTHERS. Nobody Baker Acted him. That's another outrage.
758 posted on 02/06/2004 3:10:28 PM PST by floriduh voter (www.conservative-spirit.org freeper site)
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To: SarahW
This thread is so long, is there a post that has his history on it, and could you direct me to it?
775 posted on 02/06/2004 3:21:42 PM PST by Jackie-O
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