I was offered a plea deal by the prosecutor.
The plea deal involved paying the government a large sum of money in exchange for no prison time. Plea deals are possible up until the moment the jury delivers a verdict, but the plea deal I was offered was made early in the game, around the time of my indictment.
If I pleaded guilty to the 210 charges in the indictment and agreed to not go to trial or otherwise take the government to task for wrecking my reputation and my life, and if I paid the government a lot of money (negotiable, perhaps), I could get on with my life.
Clearly, the prosecutor didn't regard me as a risk to society, someone who needed to be isolated from the world so that I couldn't "commit more crimes." You wouldn't offer a plea deal to a serial murderer.
But it's a crime to lie to an officer of the court. Punishments for lying to FBI agents, the police, a prosecutor--any official in the CRIMINAL SYSTEM (people have stopped calling it the "criminal justice system," funny thing) are extreme. Lying is termed an "obstruction of justice."
The penalty for obstruction of justice in the federal system is 5 to 10 years in prison, plus a fine.
For interfering with a witness or tampering with evidence (18 U.S.C. § 1512)--5 years. For obstructing proceedings before Congress or government agencies (18 U.S. C. § 1505)--5 years. For influencing a juror or an officer of the court (18 U.S. C. § 1503)--10 years.
If I pleaded guilty, I would be lying to ("influencing") an officer of the court, because I wasn't guilty. The punishment for this is 10 years in prison plus a fine. "It's part of the game," people told me. "Take a plea deal."
I cannot accept this. People should not have to say they're guilty when they're not. Legislators made a law that punishes lying. Prosecutors force innocent people to lie to avoid the charade of a trial and almost certain prison time. Innocent people who believe in the uprightness of the justice system and go to trial are punished more heavily when a jury convicts them--punished for not lying.
I was not guilty of a crime or any wrongdoing. I refused to say I was guilty to avoid prison. I went to trial. I got a prison sentence and a fine
I don't recommend this path, and I don't discourage it.
But today, I can live with myself.
My late husband and I were in a similar situation when after wintering in Florida we returned home to find our house boarded up and condemned slated to be demolished with all our personal property. They demanded to waive our constitutional rights to having 7 people enter our house, pay 200.00 and then they will tell us why it was condemned or on with the demolition. We couldn't repair windows or enter house to remove anything. We ended up in federal court for 8 years. There was also the lack of "due process". We were in debt maxing out credit cards to pay attorney fees. We lived in an old trailer for 6 years until we were allowed back into our house. Not in prison but not in our home. People said we should not fight city hall. Fortunately after 3 trips to court of appeals and finally to US Supreme Court, we won. The guy who condemned our house was arrested for embezzling the city. I applaud you for standing by your principles. I wish the truth and justice had prevailed in your case and you had been spared prison sentence and fine. Justice wears a blindfold because she cannot stand seeing the injustice!
ReplyDeleteI see very few comments o. This blog. Probably because it is on Facebook. I refuse to join Facebook. I do not trust Facebook.
ReplyDeletehttps://cite.case.law/f-appx/19/261/
ReplyDeleteYes, the law is complex.
My father adored Dr C. She took great care of him. She even made a house call or two for him. She also took care of my oldest son when I was a very young single mom. I can’t believe that she did anything intentionally to defraud the government.(even though they take and take from us) I hope she is doing well and I wished I could have spoken for her in court on my personal experience with her as a doctor. It’s very sad that she can no longer help people with their health because she truly was a wonderful doctor.
ReplyDeleteThat was my experience.
She was a terrific doctor.
DeleteI miss this blog. I often wonder how Doc, she'll always be Doc to me, is adjusting to her freedom. I saw a photo of the Hawthorne Clinic. So sad. I have great respect for her sticking to her guns and serve timevinnprison and a healthy fine rather than admit quilts when she was not quilts. I keep checking back hoping to find she has a new post on this blog.
ReplyDelete