The NY Times here described Attorney General Eric Holder, Jr's., speech to the ABA this week where he announced that the DOJ will no longer include drug amounts in indictments for low level drug dealers so as to circumvent the triggering of minimum mandatory sentences, as a "transformational moment.". They doth gush too much-eth. On closer examination we see the following:1) Nothing in the speech about making the policy retroactive or giving any inmates serving "bone crushing" sentences a chance to benefit from this United States's new found enlightenment when it comes to incarceration on minor drug offenses. 2) The Attorney General's desire is just that: a desire. Individual charging decisions will still be left to local prosecutors who have discretion to include drug amounts in indictments, thus triggering the minimum mandatory sentences. So here is what will happen:AUSA: "Hey counsel, I didn't include the drug amounts in the indictment. Your guy can plead to the charges and get those easy 84 months."Defense Attorney: "No, my client says he's innocent. He wants a trial."AUSA: "Pardon me a moment while I call my secretary to schedule time before the grand jury. I will be re-indicting your client and including so many minimum mandatory sentences that he will still be in when the sun goes super nova in a few billion years. From Holder's speech: “too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason."Rumpole's riposte: You've been attorney general for six fricking years and you just figured that out? You might want to look into getting rid of your beeper and buying a cell phone Mr. AG. NOTICEABLY SILENT: The legislators from the State of Florida who never saw a minimum mandatory they didn't like, or a Miami Dade Judge they didn't trust. There is nothing stopping the DEA from trudging down to the SAO's pre-file unit and dumping a bunch of fifteen year min-man cases in state court . MARSHALL LEE GORE: Execution date set for September 10, 2013. Here's what you get from reading the latest opinion denying Gore relief: the one attorney who has not quit fighting for his client is Todd Scher. As the opinion shows, he has fought the good fight in state court, federal court, in the governors office and generally done what you expect from a superior and dedicated death penalty defense attorney. Well done Mr. Scher- you have our admiration. See You In Court. Site Feed
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