Connect with us

Arizona

I sent an Arizona man to prison for 290 years. His case still haunts me

Published

on

I sent an Arizona man to prison for 290 years. His case still haunts me



I sent plenty of people to prison during my career as a judge. Now I’m working to get one man out, and not because I think he’s innocent.

play

I participated in hundreds of sentencing hearings in my 44-year career as a prosecutor and as a judge.

Most of the sentences imposed were within the range I thought reasonable given the crime committed and the defendant’s background. 

Occasionally, the law mandated an excessive sentence, which I had to impose.

By far the most egregious example of an excessive mandated sentence that I was ever required to impose came in 2007. The defendant, Carl Ray Buske, was a 47-year-old aviation mechanic with no criminal record other than a 15-year-old conviction for drug possession.

Advertisement

His offense: the possession of 29 printed images of child pornography.

I was required to sentence him to 290 years

Buske did not create the images, sell them or even share the images with anyone.

Yet Arizona law required that his sentence be not less than 10 years for each image, with each sentence to be consecutive to the others — that is, one stacked on top of the other — for a total of 290 years in prison. 

Like most people, I abhor child pornography. The possession of such images should be illegal and severely punished.

Advertisement

However, one of the guiding principles of our criminal justice system is that the punishment should be proportionate to and commensurate with the crime.

A sentence of 290 years in prison (a life sentence, in effect) for this conduct is not only disproportionate, it’s unconscionable. 

Average sentence in other states is about 5 years

This is not a question of guilt.

It is a question of whether the 17 years the convicted man has already spent in prison is an adequate penalty for his conduct.

Advertisement

To me, the obvious and inescapable answer is yes. This opinion is shared by eight other retired Pima County Superior Court judges who signed a petition in support of Buske’s application for commutation, seeking his release. 

It is further supported by the fact that federal law, unlike Arizona law, mandates no prison time and provides for a maximum sentence of 10 years for similar offenses.

Tougher mandatory sentences: Won’t save anyone from fentanyl

A 2022 Federal Sentencing Commission report found that the federal sentences imposed for possession of child  pornography for 1,435 defendants with profiles similar to Buske’s was an average of about five years.

It is astounding to realize that his sentence far exceeds the minimum sentence provided in Arizona law for many crimes involving serious violence and physical injury to the victim, such as second-degree murder (10 years), rape (seven years) and sexual assault of a child under 12 (13 years).

Advertisement

Arizona’s harsh sentencing scheme is out of step with all other states. In no other state would he have been exposed to as severe of a sentence as he received here. 

Child porn offenses rarely lead to escalated crime

Some worry about releasing those convicted of possessing child pornography, believing that they may graduate to sexual contact offenses. But this same Federal Sentencing Commission report found that for those convicted of non-production child pornography offenses, the overall sexual recidivism rate was 4.3% and for contact sex offenses it was 1.3%.

This is miniscule compared to the overall recidivism rate of 43% for all released federal prisoners and approximately 40% for all Arizona released state prisoners. 

The injustice of this sentence has haunted me for the 17 years since it was imposed.

It is an embarrassment to our criminal justice system. To rectify the injustice, I have been working with the University of Arizona Law School on an application for commutation of sentence, which is now pending before the Arizona Board of Executive Clemency.

Advertisement

The board represents the last chance for the Arizona criminal justice system to correct this injustice by recommending that the governor commute Buske’s sentence to time served.

Furthermore, if this injustice is not to be repeated, the Arizona Legislature must amend the mandatory sentencing law that allowed it to happen.

Both acts will require political courage. I hope that justice will not be sacrificed for political expedience.

John Leonardo is a retired Pima County Superior Court judge and a former assistant United States Attorney and United States Attorney for the District of Arizona.



Source link

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Arizona

Harkins Theatres invites Sun Devil fans to watch Peach Bowl

Published

on

Harkins Theatres invites Sun Devil fans to watch Peach Bowl


Can’t make the trip to Atlanta for Arizona State football’s Peach Bowl matchup versus Texas? Harkins Theatres has you covered.

The Valley-owned theatre is inviting Sun Devil fans to watch the Peach Bowl live on the big screen at two locations: Harkins Tempe Marketplace and Camelview at Scottsdale Fashion Square.

Fans can show off their Sun Devil pride and experience the “ultimate gameday setting” with tickets for $22 that include a complimentary small popcorn.

Kickoff is at 11 a.m. on Jan. 1. A win over Texas would propel Arizona State into the College Football semifinals, where it’ll play the winner of Oregon-Ohio State.

Advertisement

Fans can get their tickets on Harkins’ website or in person at the Camelview at Scottsdale Fashion Square or Tempe Marketplace box offices.

Sun Devils grateful for support

Arizona State getting into the College Football Playoff, or even winning the Big 12 alone, was unprecedented.

The Sun Devils are the talk of the Valley right now, and whether it’s from those traveling across the country to watch in person or cheering from home in the Valley, the team is thankful for all the support they’re getting.

“I’m grateful and blessed to be in the corner that (Sun Devil fans) want to be supporting,” Arizona State running back Cam Skattebo said. “I know what it costs and what it takes to get there. It’s nice to have those people that try their hardest to get there and could be spending every dollar in their bank account to get there.”

Advertisement



Source link

Continue Reading

Arizona

‘We are united’: how Arizona’s attorney general plans to manage border chaos

Published

on

‘We are united’: how Arizona’s attorney general plans to manage border chaos


Kris Mayes, the attorney general of Arizona, has vowed to fight the incoming Trump administration over key aspects of its immigration policy, including any attempt to set up deportation camps on Arizonan soil or remove thousands of migrant “dreamers” who came to the US as children.

In an interview with the Guardian, Mayes said that any move by Donald Trump in his second presidential term to unpick the rights of dreamers to remain and work in the US would be a “bright red line for me. I will not stand for an attempt to deport them, or undermine them.”

Arizona, a critical border state that will be on the frontline of the struggle over Trump’s plans for mass deportations, has more than 30,000 dreamers, undocumented migrants who entered the US unlawfully as children but who were afforded rights under Deferred Action for Childhood Arrivals (Daca). The program was introduced by Barack Obama in 2012 but has been under relentless attack by Republicans ever since.

“I definitely will be fighting on behalf of dreamers,” Mayes said. “These folks are firefighters, police officers, teachers – they are part of the very fabric of our state and we will protect them.”

Advertisement

Trump tried to scrap Daca protections during his first presidency and was only stopped by a narrow ruling from the US supreme court. He recently softened his position, telling NBC News that he wanted to find a way to allow dreamers to stay in the country, though his apparent U-turn has left many skeptical of his intentions.

The Daca program is already being challenged by Republican states in a lawsuit that is currently before the ultra-conservative fifth circuit court of appeals. The case is almost certain to reach the supreme court, which has a six-to-three supermajority of rightwing justices.

Despite the hurdles facing dreamers, Mayes said she remains optimistic.

“I think the supreme court will ultimately see the merits of protecting them. We want to give the courts the opportunity to make the right decision here, and we’ll be making very strong arguments on that proposition,” she said.

Arizona’s attorney general also had strong words about any attempt by Trump to construct detention camps in her state as part of his plans to mass-deport millions of undocumented immigrants. She said her army of lawyers were also primed to push back on any move to renew family separation, the policy under which thousands of children were taken away from their parents at the Mexican border as part of a “zero tolerance” strategy.

Advertisement

“If Trump tries to engage in family separation, or build mass deportation camps, I will do everything I can legally to fight that. That is not happening in Arizona, not on our soil,” she said.

Mayes added that family separation – which has left up to 1,000 families still rent apart six years later – was “fundamentally anathema to who Arizonans are”.

Mayes and her team have been preparing for months for the anticipated whirlwind of activity as soon as Trump re-enters the White House on 20 January. They have “scoured”, as she put it, Project 2025, the rightwing playbook for a Trump second term compiled by the Heritage Foundation.

She has also been working closely with other Democratic state attorneys general, noting that between them they filed more than 100 lawsuits during Trump’s first presidency, winning 80% of them.

“One of our strengths is that we are doing this very much together, we are united and we are organized,” Mayes said.

Advertisement

The importance of cross-state cooperation is likely to be all the more critical over border issues.

Mayes said that she was working with her Democratic counterparts Rob Bonta of California and Raúl Torrez of New Mexico – with only the Republican attorney general of Texas, Ken Paxton, taking a very different, anti-immigrant approach.

“Three of the four border states have attorneys general in Democratic hands and we are going to fight for due process and for individual rights,” she explained.

A complicating factor is Proposition 314, the ballot measure passed in Arizona in November with a resounding 63% of the vote. It allows state police to arrest any undocumented person who crosses into the US other than at legal ports of entry.

skip past newsletter promotion
Advertisement

Mayes said that the decision would not deter her from resisting Trump’s unconstitutional moves.

“Proposition 314 tells us that Arizonans are fed up with a dysfunctional border,” she said.

Advertisement

“We are facing a serious fentanyl crisis in our state, and there’s no doubt that Arizonans want our border addressed. But when Arizonans voted for Donald Trump they did not vote to shred the Arizona and US constitution – I strongly believe that.”

What was needed at the border was more federal resources to increase border patrol boots on the ground, boost the interception of fentanyl, and enhance prosecution of drug cartels. What was not needed, Mayes insisted, was Trump’s threatened plan to send in the national guard and even the US military to act as a souped-up deportation force.

“There’s nothing more unAmerican than using the military against Americans,” she said. “It’s clearly unconstitutional, and it’s not something Arizonans want to see.”

Since being elected to the position of Arizona’s top law enforcement officer in 2022, Mayes has established herself as a rising star in the Democratic party capable of negotiating the at times fraught politics of a border state. Her most high-profile act came in April when she indicted 18 people including Trump’s former lawyer Rudy Giuliani and former chief of staff Mark Meadows for participating in the 2020 “fake electors” conspiracy.

A similar prosecution of fake electors in Georgia was recently upended after an appeals court disqualified the Atlanta prosecutor in charge of the case, Fani Willis.

Advertisement

Mayes told the Guardian that despite Trump’s victory in November, she had no intention of dropping the fake electors case. “These indictments were handed down by a state grand jury, and you don’t do justice by popular vote. The case is in the courts now, and that’s where it’s going to stay until it’s over.”

Such a prominent prosecution could place her in the crosshairs of Kash Patel, Trump’s pick for director of the FBI. Should Patel be confirmed for the job by the US Senate, he has made it clear he will pursue revenge investigations against those deemed to be Trump’s enemies.

Mayes didn’t want to discuss Patel’s nomination. But she did say: “I’m not afraid of anyone. I’m going to do my job, uphold the law and protect Arizonans. I’m going to do it no matter who is at the helm of the FBI.”



Source link

Advertisement
Continue Reading

Arizona

Miami Heat convert former Arizona forward Keshad Johnson to two-year contract

Published

on

Miami Heat convert former Arizona forward Keshad Johnson to two-year contract


Christmas arrived a day early for Keshad Johnson.

The Arizona Wildcats alum has secured a two-year contract with the Miami Heat after beginning the season on a two-way contract. Shams Charania of ESPN was first to report the contract conversion.

Johnson made two appearances for the Heat this month but otherwise has played with the organization’s G League affiliate, the Sioux Falls Skyforce.

He averaged 21.2 points and 8.3 rebounds in the G League. Johnson helped lead the Skyforce to the G League Winter Showcase championship game over the weekend.

Advertisement

Johnson went undrafted after a standout redshirt senior season at Arizona where he averaged 11.5 points and 5.9 rebounds. Johnson played his first four collegiate seasons at San Diego State.

Johnson’s promotion to the Heat means he’ll be teaming up with Pelle Larsson. Miami is one of two NBA teams to feature a pair of Arizona players, joining the Indiana Pacers (Bennedict Mathurin and T.J. McConnell).

The last time two former Arizona teammates played together in the NBA was 2019-20, when Stanley Johnson and Rondae Hollis-Jefferson were on the Toronto Raptors.

Before that was the 2018-19 season, when Kadeem Allen and Allonzo Trier suited up for the Knicks.

Chase Budinger and Jordan Hill shared a front court with the Houston Rockets across parts of three seasons (2009-12).

Advertisement



Source link

Continue Reading

Trending