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Man, 21, jailed for having disorderly house
Lincoln Journal-Star ^ | 3/19/2006 | LORI PILGER / Lincoln Journal Star

Posted on 03/19/2006 8:13:42 AM PST by Sen Jack S. Fogbound

Man, 21, jailed for having disorderly house

BY LORI PILGER / Lincoln Journal Star Sunday, March 19, 2006

Mike Herchenbach was sure he would get a fine. He’d pay a couple hundred dollars, like his roommates, and go on with his life, even if it wasn’t his party that got out of hand. After all, his name was on the lease.

But what he didn’t expect, and hardly believed, was what Lancaster County Court Judge Gale Pokorny had in mind as his punishment for maintaining a disorderly house last Oct. 2.

Herchenbach remembered his attorney from the University of Nebraska-Lincoln reaching for a work-release form.

He didn’t need it. It’s only a weekend, he remembered saying.

But Pokorny didn’t say three days in jail. He said 30.

(Excerpt) Read more at lincolnjournalstar.com ...


TOPICS: News/Current Events
KEYWORDS: clean; disorderly; manjailed
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Well, I had better think about cleaning up my computer room!
1 posted on 03/19/2006 8:13:46 AM PST by Sen Jack S. Fogbound
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To: Sen Jack S. Fogbound

Thanks and more thanks for using the printer friendly page as your source.


2 posted on 03/19/2006 8:22:18 AM PST by HuntsvilleTxVeteran ("Remember the Alamo, Goliad and WACO")
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To: Sen Jack S. Fogbound

Moral:

If you name is on the lease, you're responsible.


3 posted on 03/19/2006 8:22:58 AM PST by ArmstedFragg
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To: Sen Jack S. Fogbound

He gets out on the 25. That's six months. Good behavior I suppose. But still more actual prison time that a child molester serves.


4 posted on 03/19/2006 8:27:53 AM PST by Nathan Zachary
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To: Sen Jack S. Fogbound

Oops, that's not right. He was pulled over and arrested a month later. It doesn't say when his actual trial was. But he gets out on the 25.


5 posted on 03/19/2006 8:30:56 AM PST by Nathan Zachary
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To: Sen Jack S. Fogbound

One such sentencing is not an example, will not be taken to heart by anyone. It needs to be done thus to everyone who maintains such a house. After the consistency of the punishment is established the problem will cease. Doing it once without followup establishes the judge and the justice system as capricious and unserious- not a threat to collegiate disorderly lifestyles..


6 posted on 03/19/2006 8:32:23 AM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: Nathan Zachary

6 months? I thought we were talking 30 days. What did I miss?


7 posted on 03/19/2006 8:33:59 AM PST by Excuse_My_Bellicosity ("Sharpei diem - Seize the wrinkled dog.")
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To: Sen Jack S. Fogbound

Uh, oh. Better get out the vacuum cleaner.


8 posted on 03/19/2006 8:34:40 AM PST by Fresh Wind (Democrats are guilty of whatever they scream the loudest about.)
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To: Sen Jack S. Fogbound
(from the article):
Young men cruise neighborhoods looking for college parties and walk in, uninvited, helping themselves to food and drinks and anything else lying around. Asked to leave, they often get violent, he said.

If you 'clean up' your own messes - quickly, quietly, cleanly - there's no reason the cops should even get called...

9 posted on 03/19/2006 8:41:15 AM PST by solitas (So what if I support an OS that has fewer flaws than yours? 'Mystic' dual 500 G4's, OSX.4.2)
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To: Sen Jack S. Fogbound
I wonder what the sentencing range is for the law in question.
10 posted on 03/19/2006 8:46:24 AM PST by NonValueAdded ("If I were a Cuban, I'd certainly be on a raft," Isane Aparicio Busto)
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To: arthurus
I think it's a fair sentence for somebody who facilitates a public nuisance like this. They guy does have a valid gripe that he faces a sentence like this when most people pay a couple hundred bucks in fines, spend a few hours on a few weekends raking leaves at the library, and that's about it. The court needs to sentence everybody like this from now on. All too often, a judge decides to make an example of somebody, then it's business-as-usual right after.

At the last condo complex I lived in, there were some guys in a rental unit (most people own, there's a small number who rent) who were making everybody's life hell. It took many letters to the condo association and phone calls to the cops to finally get those guys evicted (they were in there for about 4 months). They worked the night shift on odd days, so their "weekend" parties would keep everybody up on Tuesday and Wednesday nights.

Aside from their obnoxious parties, a lot of cars were getting broken into and a lot of vandalism was happening. Nothing was ever proven, but all of that vandalism and burglary left when they did, go figure. As far as I'm concerned, the guys in that house all should've done some jail time for their antics. In the movies, it's lovable to be a drunken public nuisance. In real life, it's nothing but a pain in the ass.

I don't take real kindly to be woken up at 2 AM with the sound of breaking glass, people screaming, and being threatened when I come out on my front lawn to see what's going on. That's why I left that part of town even though the landlord became a lot more selective about who he rents to and the condo association drew up a bunch of new rules.

11 posted on 03/19/2006 8:55:06 AM PST by Excuse_My_Bellicosity ("Sharpei diem - Seize the wrinkled dog.")
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To: Excuse_My_Bellicosity
6 months? I thought we were talking 30 days. What did I miss?

Served on weekends...

12 posted on 03/19/2006 8:58:57 AM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
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To: Sen Jack S. Fogbound

Looks like Mike received a lesson in responsibility.


13 posted on 03/19/2006 9:05:45 AM PST by R. Scott (Humanity i love you because when you're hard up you pawn your Intelligence to buy a drink.)
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To: Sen Jack S. Fogbound

"On Friday, he said he was at his parents’ home in Lindsay when Lincoln police went to the house he shares with Mike Ternus and Ken Jensen at 1518 SW 15th St. and found music blaring from the garage and 170 or so people drinking beer. When the cops came, they dropped their beer cups and ran."

He wasn't even at the wild party and got arrested and jailed?

Weird.


14 posted on 03/19/2006 9:21:27 AM PST by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Old Professer

That's the way I read it too...and the roommates that were in on the "party" were only hit with fines. There is something about this story that doesn't sit right with me. Oh well.


15 posted on 03/19/2006 9:32:16 AM PST by Kylie_04 (not consuming liquids while posting since 2006)
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To: Kylie_04

Wonder if he could prove he wasn't even there? He pleaded no contest because his name was on the lease also from what it says. I bet he wouldn't do that again given the opportunity.


16 posted on 03/19/2006 10:49:50 AM PST by Zack Attack
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To: Sen Jack S. Fogbound
"Pokorny illuded to Jenna Cooper..."

illuded??

Good grief!

17 posted on 03/19/2006 10:50:28 AM PST by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
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To: Sen Jack S. Fogbound

Does the judge even know the law? I thought "disorderly house" was a legal term referring to a house of prostitution. This sounds like Humpty-Dumpty jurisprudence.


18 posted on 03/19/2006 11:10:54 AM PST by Verginius Rufus
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To: Old Professer

The charge was keeping a disorderly house, not disorderly conduct. It was his house. He accepted responsibility for that trash when he signed the lease and permitted his house to be "disorderly."


19 posted on 03/19/2006 2:08:12 PM PST by arthurus (Better to fight them OVER THERE than over here.)
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To: Zack Attack
I am guessing from what I am reading that it would not matter even if he could prove he wasn't there. Also guessing that he was advised to plead no contest because the prevailing wisdom was that he would be fined and/or spend a weekend in jail worst case. Surely that seems like a reasonable assumption based on what happened to those residents that were involved. Hindsight, however, would seem to show different. And yes, I am sure you are correct - having it to do over, he would probably plead not guilty and take his chances.

I am not trying to rationalize away his responsibility, but when there are multiple, unrelated "adults" sharing a dwelling, it seems to me that holding each responsible for the actions of the others can get a bit dicey from a common sense standpoint.

Lesson to be learned: Make sure anyone you choose as a roommate won't do something that will get you into hot water.

20 posted on 03/19/2006 5:26:40 PM PST by Kylie_04 (not consuming liquids while posting since 2006)
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