I gave my two weeks notice this week. Even though I have made my decision to move to Alaska, giving notice still hard for me to do. It was made more difficult by the fact that three other lawyers quit as well, leaving criminal defense in Placer County far worse off.
Not that things could get much worse for criminal defense.
Besides my need for change, Placer County itself has conspired to drive me away. During my short time as a Public Defender, I have seen some disturbing changes.
I witnessed an 80 year old WWII veteran tackled to the ground by two 250 lbs police officers because he was a little drunk and hard of hearing. I saw a jury of our peers, Placer County residents, convict him of public intoxication and shake the hands of the officers, proclaiming them heroes.
I've seen District Attorneys intentionally over charge kids with felonies when they should have been misdemeanors because they want the scared minors and their families to plea bargain for the misdemeanor rather than risk a felony at trial.
We have District Attorneys demanding time in jail for 2nd time DUI's even though doing time (often 20+ days) this misdemeanor mistake will lead to the loss of a defendant's job, his family's only source of income, because he can't take time from work. However, at the same time, a person selling methamphetamine, a felony, does little or no actual time at all. Does that penalty really fit the crime? The District Attorney certainly thinks so. As does the judges and, apparently, the county legislature. Below are the County Board of Supervisor's minutes giving Stephanie Macumber District Attorney of the Year for making that happen.
BRADFORD R. FENOCCHIO
PLACER COUNTY DISTRICT ATTORNEY
To: Honorable Board of Supervisors
From: Bradford R. Fenocchio, District Atto
Date: June 13,2006
Subject: Prosecutor of the Year Award
ACTION REOUESTED
Presentation of the Prosecutor of the Year Award to the 2006 recipient, Stephanie A.
Macumber, by Bradford R. Fenocchio, at the Board of Supervisors Meeting on July
1 1,2006.
BACKGROUND
The District Attorney's Office established the annual award entitled "Prosecutor of the
Year Award" in memory of Anne-Marie Bourgeois, who died as a result of a tragic
fire in her home in 1994.
Each Deputy District Attorney within our office is given an opportunity to vote for the
colleague whom they feel should be honored for his or her display of outstanding
effort; one who shows enthusiasm, excellence and courage in prosecuting cases.
FISCAL IMPACT
None
Why am I leaving? Because Placer County makes the same mistake other municipalities make when they get frightened of a growing population; the knee jerk reaction of punitive rather than rehabilitative measures.
The question Placer County must ask itself is whether this approach has ever been effective. In court, judges joke about the "liberal" cities, such as Sacramento, San Francisco, and Los Angeles. In every large city, before they became large cities, they tried the punitive approach. Because they learned that this approach costs more than preventative and rehabilitative measures, they became "liberal". The question is, why hasn't Placer County learned this lesson?
The answer is, of course, the people. And that's one big reason why I leave.
Not that things could get much worse for criminal defense.
Besides my need for change, Placer County itself has conspired to drive me away. During my short time as a Public Defender, I have seen some disturbing changes.
I witnessed an 80 year old WWII veteran tackled to the ground by two 250 lbs police officers because he was a little drunk and hard of hearing. I saw a jury of our peers, Placer County residents, convict him of public intoxication and shake the hands of the officers, proclaiming them heroes.
I've seen District Attorneys intentionally over charge kids with felonies when they should have been misdemeanors because they want the scared minors and their families to plea bargain for the misdemeanor rather than risk a felony at trial.
We have District Attorneys demanding time in jail for 2nd time DUI's even though doing time (often 20+ days) this misdemeanor mistake will lead to the loss of a defendant's job, his family's only source of income, because he can't take time from work. However, at the same time, a person selling methamphetamine, a felony, does little or no actual time at all. Does that penalty really fit the crime? The District Attorney certainly thinks so. As does the judges and, apparently, the county legislature. Below are the County Board of Supervisor's minutes giving Stephanie Macumber District Attorney of the Year for making that happen.
BRADFORD R. FENOCCHIO
PLACER COUNTY DISTRICT ATTORNEY
To: Honorable Board of Supervisors
From: Bradford R. Fenocchio, District Atto
Date: June 13,2006
Subject: Prosecutor of the Year Award
ACTION REOUESTED
Presentation of the Prosecutor of the Year Award to the 2006 recipient, Stephanie A.
Macumber, by Bradford R. Fenocchio, at the Board of Supervisors Meeting on July
1 1,2006.
BACKGROUND
The District Attorney's Office established the annual award entitled "Prosecutor of the
Year Award" in memory of Anne-Marie Bourgeois, who died as a result of a tragic
fire in her home in 1994.
Each Deputy District Attorney within our office is given an opportunity to vote for the
colleague whom they feel should be honored for his or her display of outstanding
effort; one who shows enthusiasm, excellence and courage in prosecuting cases.
FISCAL IMPACT
None
Why am I leaving? Because Placer County makes the same mistake other municipalities make when they get frightened of a growing population; the knee jerk reaction of punitive rather than rehabilitative measures.
The question Placer County must ask itself is whether this approach has ever been effective. In court, judges joke about the "liberal" cities, such as Sacramento, San Francisco, and Los Angeles. In every large city, before they became large cities, they tried the punitive approach. Because they learned that this approach costs more than preventative and rehabilitative measures, they became "liberal". The question is, why hasn't Placer County learned this lesson?
The answer is, of course, the people. And that's one big reason why I leave.
7 Comments:
http://fairbanks-alaska.com/inexpensive-recreation.htm Here u go Broko.
Well since I lost the Zink trial why don't I just go too? Get the $50 ready beatch.
Oh placer County...
Very well said.
My friend's son was a victim of a gross miscarriage of justice in Placer County in Oct '08. Can we talk?
Placer County is better off without you. No tears were shed upon your departure.
dont hate on stephanie macumber. she does her job to help people. she was the prosecuting attorney on a case i was involved in. i was the victim, and she went out of her way to help me and work with me through out the case. shes good at what she does and she does it for the right reasons.
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