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Pre-sentencing

Interview with Karl and Wilford

JM: Tell us about the pre-sentencing process:
Karl: Initially, before the jail administration brought in a new computerized law library system the inmates were permitted access to hard-bound books published by the West Legal System and even though the cases could not be Shepardized (that is, checked to insure their validity) the hard-bound book system was far superior to the current system being used, especially as regards the constitutional issues under the Sixth and Fourteenth Amendments. Now, inmates are permitted only 30-45 minutes to access the Lexis-Nexis CD-ROM reader and NO free copying is provided for indigent prisoners.
Wilford: it took a couple months. i was housed in general population. Niagara county jail compared to erie county jail was a breeze. My bail was reasonable. The plea that was offered was quite generous in court. The pre sentencing process was quite easy and simple because of it being a smaller town.

JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested.
Karl: Yes. There was not a whole lot of questioning but some incriminating statements were made on my part that were not protected under Miranda. There may have been what is known as a Payton violation as far as the police not having exigent circumstances to arrest me, but I am not a legal technician. The arrest was witnessed by another resident who no longer lives at the boarding house, having been evicted for non- payment of rent. At the station house, I was read my Miranda rights the NEXT day and not given all the rights that I'm entitled to. An incriminating statement concerning the date of a move into my new place was taken, after a trick question was used. This was attempted to be countered at the Huntley hearing, to no avail.
Wilford: I was addicted to drugs. i used to steal out of unlocked cars. one car had the keys in it. i stole the car. a day later i got pulled over by the police. i got out of the car and ran into the woods. 20 minutes later they cought me hiding in a shed.

JM: What was court like? Please give as many details as you recall.
Karl: I was represented by a public defender from the City of Niagara Falls who incorrectly advised me that the preliminary hearing was only to determine whether there was probable cause to arrest me. Later, I learned that there is a certain procedure that is to be followed during this preliminary hearing. A Huntley hearing was held and the police detective McCune's testimony was taken as gospel, so all incriminating statements were ruled admissible.
Wilford: I had multiple cases in niagara county.. north tonawanda court was very lienent. after my initial arrest my bail was set at only 1000 dollars. The judge was nice. they dropped and or reduced many of the initial charges. It was a smaller court room. It was a fairly fast process

JM: What were your original charges? What did you end up being convicted of?
Wilford: criminal possession stolen property 4th-motor vehicle, aggravated unlicensed operation of a motor vehicle 1st degree, unauthorized use vehicle without owner consent, obstruction governmental administration 2nd degree, resisting arrest, driving while intoxicated and 3 traffic violations

Read about sentencing in the Niagara County Jail