Saturday, July 30, 2016

A Higher Standard?

       Want to know why there is tension at times between Law enforcement and the populace? Here's one admittedly narrow, but very real, example of the double standard in place, especially at the county levels in Florida, where sheriffs wield immense power.

       The following is from the Ocala (Fl) StarBanner, but in truth could likely have come from any of several Florida counties. Everything herein is public record and has received much media coverage. This is not an opinion piece except for the last paragraph.
       
       "Marion County Sheriff Chris Blair was being booked at the Marion County Jail on charges of perjury and official misconduct.  A court document states that he was indicted Thursday by a grand jury on allegations that he made a false statement, which he did not believe to be true, under oath in an official proceeding in regard to a material matter.

           This grand jury had been investigating the conduct of deputies of the Marion County Sheriff's Office for using excessive force in making arrests. The grand jury was to determine if these events were "systemic in nature" and the grand jury investigated "the policies and actual practices of the Sheriff's Office and actions or inactions of the Sheriff and his subordinates, which may have created an atmosphere in the agency of ignoring or tolerating improper use of force."

         Chris Blair was subpoenaed to testify before the grand jury concerning this investigation, and when he did, he "knowingly testified falsely in that while testifying in regard to Dustin Heathman."  Blair faces two separate charges of perjury in an official proceeding and a third charge of official misconduct. They are all third-degree felonies. If convicted, he could face up to five years in prison on each count and $5,000 in fines on each count. In regards to Heathman, one question posed to Blair was: "So you saw him coming out of the patrol car while he was being treated by the medics?" "I saw the back of him," Blair stated. "You saw his back? So you didn't have an opportunity to see his face or any injuries he might have had? Blair's answer was, "No, absolutely did not." "He was surrounded by numerous people."

       According to the indictment document, Blair knew this statement was false because while Dustin Heathman was handcuffed, dressed in his underwear, escorted by two deputy sheriffs and with apparent injuries to his face, he was led in front of Chris Blair so close that Chris Blair had to step back to let Dustin Heathman and the deputies pass by."  http://www.ocala.com/article/LK/20160520/NEWS/605209835/OS/
        When it comes to "excessive force" accusations, this is far from Blair's first rodeo. On his watch a significant number of deputies have been terminated for excessive force, drug usage and other malfeasances.  (http://photographyisnotacrime.com/2016/02/24/multiple-florida-deputies-from-marion-county-fired-and-indicted-within-one-year/)  
          Each time there were allegations of a departmental culture of  excessive force tolerance, in spite of the fact that on several occasions,  after video showed otherwise, Blair was quick to  throw the offenders under the bus and off the force.

        Fast forward  to the present. Faced with two counts of perjury, and possibly a third,  on July 29, 2016 Blair took a plea deal. Here, before we discuss the "deal" is the relevant law:

837.02 (Florida Statutes) Perjury in official proceedings.
(1) "Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree"

"For perjury occurring as part of an official proceeding, state laws permit the prosecutor to pursue a third degree felony charge. Upon conviction, the defendant may receive a sentence of imprisonment for up to five years, a fine in an amount up to $5,000, or both."    (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0837/Sections/0837.02.html)

        So, you're asking, what "higher standard was Chris Blair held to? Ok, hold on here's the brutal punishment he agreed to accept: First, Blair, who is 63 and, by his own deposition, worth $1.56 million (who says crime doesn't pay?) has agreed NOT TO RUN FOR REELECTION! Wow. Forced to retire at 63. As if you thought that was enough, he will also, being in the DROP (Delayed Retirement Option Program)  take a lump sum payout of $448,000 . Finally, he will be forced to eke out an existence on his $8,220 monthly guaranteed pension.  For the math challenged, that's $98,640 annually, guaranteed for life in pension alone, never mind the more than $2 mil nest egg. (Villages daily Sun, July 30, 2016)
Sure beats the hell out of 5 years in jail and a $5,000 fine, huh?


I would maintain that when those whom we entrust and charge and pay to uphold the law evenly and with fair handedness, break that law, especially with intent, they should be held to a higher standard, not  given preferential treatment.  And before you northern readers go all "attitudy Judy" on me re: "redneck justice", this guy is from Baltimore, which, on reflection, explains a lot!

1 comment:

  1. Had a good laugh when I read this in the local rag sheet this morning. All I can say is "that's local justice for you here in the good ol' sunshine state of Florida." If you don't like it, go somewhere else.

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