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

Arizona

Make-A-Wish Arizona creates sea turtle adventure for San Tan Valley boy

Published

on

Make-A-Wish Arizona creates sea turtle adventure for San Tan Valley boy


Boats, beaches, and buckets of fun! Just the way you’d expect a boy to spend his Florida vacation!

But there was something else 11-year-old Miles Boyd got to do last year when he and his family traveled to Florida. It was a sea turtle adventure that truly became the trip of a lifetime.

“I had never been to the ocean before,” explained Miles. “So see that just wowed me. It was amazing!”

Miles and his family also got to see baby sea turtles on the beach at night.

Advertisement

“The ocean is so mysterious,” says Miles. “It’s such a big place, and the fact that these turtles can move but are so tiny and when they go in the ocean, they get to hundreds of pounds.”

In so many ways, the trip to Palm Beach County, Florida, was a dream vacation for Miles and his family, but it only came after what was a living nightmare.

“I couldn’t imagine losing him,” says Miles’ mom, Natasha.

It was the harsh reality that Natasha had to face after learning her son Miles had a cancerous brain tumor.

“The world just stopped,” Natasha says about the moment she found out the devastating news. “I just sat on the floor and cried.”

Advertisement

Even Miles admits he was scared.

“I’m just a kid, you know what I mean?” he says. “It’s a lot to handle all at once.”

After three brain surgeries, countless hours of therapy and rehab, and having to take a chemo medication twice daily, Miles proved to the world he is a true survivor!

And his trip to Florida, through Make-A-Wish Arizona, proved to be the medication he never knew he needed.

Miles explains that the trip motivated him to keep going.

Advertisement

“It showed me that I made it to this car, and I can keep going,” he says. “I started at the lowest of lows, and now, I’m on a beach – it just gave me confidence and motivated me that I could keep going.”

Last year alone, Make-A-Wish Arizona granted 476 wishes; they’ve also fulfilled more than 8,500 since being founded in 1980.

Across the Globe, Make-A-Wish has granted more than 650,000 wishes since 1980

Miles and Nick Ciletti will co-host Make-A-Wish Arizona’s Wish Ball on Saturday! To learn more about Make-A-Wish Arizona, click here.





Source link

Advertisement
Continue Reading

Arizona

11 illegal Indian national truck drivers arrested at Arizona border last month

Published

on

11 illegal Indian national truck drivers arrested at Arizona border last month


Eleven illegal Indian national truck drivers were arrested at the Arizona border in the month of February. 

The Yuma Sector Border Patrol arrested 11 total Indian national truck drivers in Yuma, Arizona in February 2026. 

According to a Facebook post by the Yuma Sector Border Patrol, all 11 truck drivers held commercial drivers licenses from the states of Florida, New York, Pennsylvania, Indiana, and California. All were “found to be present in the United States illegally.”

“Border Patrol remains committed to upholding immigration laws and protecting our communities,” the post continued.

Advertisement



Source link

Continue Reading

Arizona

Arizona Independent Party to appeal ruling erasing name

Published

on

Arizona Independent Party to appeal ruling erasing name


play

The Arizona Independent Party will appeal a court ruling that invalidated its name, guaranteeing more legal limbo and possibly a new chapter of confusion in the effort to give unaffiliated voters a viable third-party option at the ballot box.

Party chair Paul Johnson confirmed he would appeal the ruling from Maricopa County Superior Court Judge Greg Como, which forces the party to revert to its prior name: the No Labels Party. The ruling ordered elections officials in Arizona to follow suit.

Advertisement

The decision was a high-profile loss for Secretary of State Adrian Fontes, who Como said had permitted a “bait and switch” on voters by allowing the name change.

“We were given due process, the judge did a fair job,” Johnson said. “I don’t agree with his final position, but I like the way our country works in terms of the rule of the law.”

“I don’t feel discouraged at all,” Johnson said, adding that an appeal could proceed in federal court and raise claims of First and Fourteenth Amendment violations.

It is unclear how the judge’s order, if it stands, could impact candidates who submitted signatures to qualify for the ballot under the Arizona Independent Party label.

Advertisement

“The commission’s position has been that this would cause confusion,” said Tom Collins, executive director of the Clean Elections Commission, which was part of the case. “This is an example of that confusion.”

The number of signatures required to make the ballot is a percentage of registered voters for each party, but unaffiliated candidates had to collect roughly six times as many as Republican or Democratic candidates. Running with the Arizona Independent Party meant only 1,771 signatures were needed.

Como’s order was signed March 19 but made public on March 25, after a March 23 deadline for candidates to file signatures to make the ballot.

“Unfortunately due to the court order, this question is left unaddressed,” said Calli Jones, a spokesperson for Fontes. “This question will be left to the challenge process or other court proceedings.”

Advertisement

Clarity could come through any lawsuits filed challenging Arizona Independent Party candidates’ signatures. No such challenges had been filed as of March 25, and the deadline is April 6.

What’s preventing ‘Arizona Nazi Party’ or the ‘Arizona Anarchists’?

Last October, Fontes agreed to change the name of the No Labels Party to the Arizona Independent Party, saying to do so was not explicitly prohibited in law. The change was done at the request of Johnson, a former Phoenix mayor and advocate for open primaries. To Johnson, the party is something of a can’t-beat-them-join-them way to put independent candidates on an even playing field with those from the two major parties.

The name change quickly led to a trio of lawsuits filed by the state’s voter education agency, the Arizona Citizens Clean Elections Commission, and the Arizona Republican Party and Arizona Democratic Party. Those cases were merged into one, which ultimately led to the March ruling.

The commission and political parties argued the name change would create confusion for voters and election officials in terms of distinguishing when someone wanted to be part of the new party versus and independent voter in a colloquial sense, which means not registering with any party. Fontes did not dispute there could be confusion.

Advertisement

State law does not directly address when a political party wants to change its name, but Como said that request should follow the process for creating a new party. That includes gathering signatures from supportive voters. Como has been on the bench since 2015.

Como raised concerns of transparency, noting that voters who registered for the old party may not support the new party name. He said a party could gather support with an “innocuous sounding name,” then change it entirely. Como offered a grave example.

“Would the same 41,000 people who signed petitions to recognize the No Labels Party have signed to support the ‘Arizona Nazi Party’ or the ‘Arizona Anarchists’?” he wrote.

His ruling is guided by and affirms Arizona court precedent that statewide elected officials’ powers are only those that are given explicitly to them in statute or the constitution.

Legal challenges needed to bring clarity

Jones, Fontes’ spokesperson, said the office had no power to address whether signatures were valid, because the office presumes “anyone who met the requirements at the time of filing their signatures are valid candidates.” Fontes, a Democrat seeking reelection this year, said he would not appeal the ruling given the “fast approach of the election and the challenging job election administrators have before them.”

Advertisement

He also stood by his decision, but said the court ruled with voters. “Both approaches, being reasonable, the Court entered an order with a lean towards the voters, not the party leaders,” Fontes said.

Como did not find Fontes’ approach was reasonable, saying it was beyond Fontes’ authority.

“The judge noted that even Fontes admitted this issue would cause confusion for the voters, but Fontes disregarded that concern and the obvious truth, and proceeded to allow them to continue the charade,” Arizona Republic Party Chair Sergio Arellano said, responding to the ruling.

That Fontes will not appeal was welcome, because “he has already cost taxpayers too much money” and “further eroded trust in our election officials at a time when that trust is already at an all-time low,” Arellano said.

Eleven candidates are running for office with the Arizona Independent Party name, or whatever it turns out to be. That includes candidates for Congress, governor and state Legislature. Hugh Lytle, the party’s preferred candidate for governor, said in a statement the ruling proves “how far the political parties will go to protect their grip on power.”

Advertisement

Lytle is among the candidates who could face a challenge to his just over 6,000 signatures. Of those, just 132 were gathered via the state’s online system, which requires verification before signing. The remaining could be more vulnerable to objections.

Ultimately, Lytle said, the judge’s ruling wouldn’t change much.

“We are on the ballot,” he said.

Reach reporter Stacey Barchenger at stacey.barchenger@arizonarepublic.com or 480-416-5669.



Source link

Advertisement
Continue Reading

Trending