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Pre-sentencing

Interview with Kathy, Cameron, Norm, Arturo and Isidra

JM: Tell us about the pre-sentencing process:
Kathy: It took a long time to get it done and very stressful, the judge was not in a good mood that day, and the court room was packed they took a while for my name to be called, I was nervous and worried about what was going to happen next
Cameron: these people treat you like your guilty from the start they take you to the holding center if you can't make bail and try to belittle you I was arrested and the judge sent me to the holding center they moved me to the pen in Alden and that's where I stayed until my release
Norm: County probation dept does presentence investigation and submits findings to the judge. the dept is suppose to be neutral but is not. The report is always bullshit and your words will be twisted or taken out of context. Best to say nothing to the investigating probation officer making the report or just give basic information. Defendent allowed to submit report to the judge as well. This is critical to the sentencing and best to get experts or reference to give a report to be included as well. Released on own recognize prior to sentencing date.
Arturo: I started at West Seneca for a night it was very cold and no blankets were provided, then on to the holding center for processing it was very dirty with individuals sitting and sleeping on the floor no room for all individuals on the two benches provided food was offered in vending machins
Isidra: Pre-sentencing was long and drawn out. I believe I stayed in there too ling especially since I was 16 at tg e time ans didn't have a criminal record at that point. Pre-sentencing consisted of a pre-sentencing report also by a probation officer who was very rude to me and auper pushy and really seemed as if he wanted to make me angry just to tell the judge I am a threat to the community

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Kathy: Yes they came to my place of residence and asked me all kinds of questions about the night the incident happened I did not want to tell them because I was scared, but they had a lot of evidence against me so I told them everything and they arrested me that day
Cameron: I was getting a ride to the bus stop from a friend and we were pulled over the cops found drugs in the car somewhere and took us to the booking station we were printed and held to see the judge and sent to the holding center no rights read no question asked
Norm: No, there was an independent investigation over several weeks. Detectives spoke with victims and witnesses to build a case. I was called in for questioning and scheduled a meeting. After the case was ready for charges to be presented by the DA, I was able through my attorney to negotiate the charges that would be made and what level of offense.
Arturo: I got out of class bought a six pack went home took an ambian and had a three beers im not sure what happened after that just kinda woke up in jail read the charges and was freezing in the cell wondering what happened and why was I not at home
Isidra: Yes a detective came to my home where I lived withy mom and dad ans siblings. They came into my home asked for me ahowing pictures of mr. They told me I wasn't going to jail just needed to ask a few question at the station. After taking ne to the amherst police I answered questions then was pkaced into custody

JM: What was court like? Please give as many details as you recall.
Kathy: The court was like beng in detention, but with people and lawyers every where, police and guards standing making sure nothing happens in court, your just sitting and waiting for your name to be called and wondering what is next, the court room was hot and very uncomfortable the woode bench is aweful to sit on
Cameron: court is a joke these are people just going through the motions appointed lawyers yelling at people and treating you like your guilty but they're suppose to be defending you the DA doesn't want the truth he only wants conviction the judge was okay fair in all but the courts are crowed and you be lucky if you get 2 min. to plead your case
Norm: Local town court not county court since it was only misdemeanor offenses. Court room is run only two days per week, judge is part time and practicing attorney during other days or week. Judge lacked staff and clerks to research the law on most cases beyond the basics. The courtroom is open to the public with large gallery where people can view but most a waiting to be called to up for their cases. Judge sits up on a podium with clerk and recorder, defendants and DA approach and stand in front of bench during proceedings. Trials are held in alternate room when needed.
Arturo: I was charged with a misdemeanor dwi which was upgraded to a felony due to a previous dwi 7 years previous, the court was very drawn out with the da not seeming to know what was going on my attorney is trying to get this changed over to veterans court
Isidra: Court was ok. My judge was sonewhat lenient towards me. Which I believe was due to my age and lack of criminal history. I sat in jail for months though not knowing when I go back to court or what was going to happen. For the most part I believe that my judge tried to work wirh me

JM: What were your original charges? What did you end up being convicted of?
Kathy: Public mischief is what I was charged with
Cameron: possession of a control sub in the 3 but it was dropped to possession in the 7th
Norm: Aggravated Harassment Class A Misdemeanor. Plea guilty to the charges.
Arturo: driving too slow failure to keep right unsafe lane change misdemeanor dwi
Isidra: Robbery in the 2nd degree class b felony. After sentencing I was charged with robbery 2nd degree class c felony

Read about sentencing in the Erie County Jail