PARIS IS BURNING-UNFAIR CELEBRITY TREATMENT
On Friday, Paris Hilton was taken from her home, handcuffed, placed into a marked Sheriff's cruiser and taken back to court. She was taken in this unprecedented way based on a order issued by a judge in LA Metro Court who didn't like that Sheriff Baca had released her from jail where she was serving time on a probation violation. Sheriff Baca had placed her on house arrest to serve out the remainder of her sentence.
The media whipped itself into a frenzy, and the majority of talking heads on national news shows fueled the flames of ignorant belief that this type of improper judicial actrion was appropriate. It's a travesty.
Hate Paris Hilton if you must. Hate her if you care. But hate her as you might, this woman got a raw deal. She got a raw deal because people hate her, because she sets a bad example, because she exhudes that she is "entitled" and truly believes that she is. But she is "entitled" by law to equal protection of law, and she was not treated equally in her case. Period.
First, her original plea is in question by those of us who practice DUI defense. Normally, .08 allegation DUI cases are settled for far less than what the City Attorney settled Paris's case for. Most .08 DUI cases in Los Angeles Metro court do not settle for "wet reckless", which is what Paris's original lawyer got for her. Most .08 DUI cases settle for a "dry reckless" or "exhibition of speed" both of which are non-alcohol related charges.
Second, there are questions in the DUI legal community whether or not Paris's "lawyer to the stars" actually properly counseled her of her probation requirements, which could have been a reason why she violated her probation. Had she had a lawyer who actively defended California DUI cases, the results might have been substantially different - and better for her.
Third, the judge who sentenced her to 45 days in jail was out of line. No one in her situation, having pleaded to a "wet reckless" and having violated probation, ever gets 45 straight days jail sentence with no opportunity for house arrest. No one. It was outrageous. But think about it. The sentencing judge was removed from a felony department because he was so awful, and sent to live out his remaining days before retirement where he couldn't do too much damage: in arraignment court. Why Paris's original attorneys did challenge him and get her into a courtroom with a decent judge is mindboggling.
Fourth, LA Sheriff Baca had every right to release her to house arrest. Once sentenced, it is solely in the purview of the Sheriff's Department to determine how someone is housed, where they are housed and how much time of that sentence they do. Again, it is standard operating procedure to "book and release" minor offenders so that they end up doing NO TIME. The Los Angeles Sheriff's Department is under a court order to reduce overcrowding and, before they start releasing burglars, sex offenders, and gang members early, they are going to release traffic offenders wqho are in on probation violations.
Fifth, the sentencing court issued an order that the Sheriff's Department go to Paris's home, handcuff her, and bring her into court in custody based on its anger toward the Sheriff. The defense did not have proper notice to prepare to answer to this, as is required by Due Process of Law. The defense attorney, Richard Hutton, requested a continuance of proceedings to prepare for this sudden hearing, and his very valid and reasonable request was denied. There is absolutely no question that a continuance was warranted. Paris was on house arrest. There was no emergency to have her cuffed and dragged into court with no notice. But the very valid request for continuance was denied because is was far more fun for this rogue judge to handcuff this woman, humiliate her and drag her into court in custody. Beating up Paris Hilton is fun, even for a judge. It's shameful.
Sixth, let the judge pick on someone his own size. Paris was released. She didn't escape. Set a hearing on the terms of her sentence, and issued an Order that the Sheriff's Department respond to the Court and answer why she was released early. Come on judge, pick on the person you are REALLY mad at: Sheriff Baca.
Seventh, let's arrest Rocky Delgadillo's wife. he's the city attorney than fanned these flames. He is the epitome of a man who uses his power - behind the backs of the taxpayers - for his own personal purposes. What you say ? Oh yes. Rocky's wife was caught driving on a suspended license after an accident. Guess what? She never got charged with driving on a suspended license. Yep. She never got charged with that misdemeanor offense. She just got a ticket. See, http://www.latimes.com/news/local/la-me-rocky9jun09,1,7955154.story?track=rss&ctrack=1&cset=true .
And in San Diego, the son of an Appellate Court justice, himself a prosecutor, was given a sweetheart deal by the City Attorney after he was caught racing on the highway on his motorcyle with a .16 blood alcohol level in his system. Yes, his blood alcohol level was double Paris Hilton's at the time of her stop. What did he get? He got a wet reckless, the same as Paris. Why? Deputy City Attorney Tracy Rogers wrote, under penalty of perjury, that there was not enough evidence to prosecute him on the DUI, even though the police report showed him barely being able to stand up. See, http://www.sdreader.com/php/cityshow.php?id=C081105C
Might makes right, especially when you have the power of the government behind you.
What is almost as disturbing is the "Off With Her Head" approach by the national media who have mocked Paris and opined on almost every, single, national news show that she "deserves" this treatment. I expected more from the media, but the guests on these shows - some of them lawyers even - seem to have turned into pirahna. Their insipid hatred of this easily hated woman has infected their better legal judgement. Paris Hilton, good or bad, is entitled by law to fundamental fairness. She is entitled to Due Process of Law. She is entitled to equal treatment. And she did not get it. She got, in a word, screwed.
The judge in this case sentenced her harshly because he just didn't like her, not because she did anything more vile or dangerous than others who have received severely shorter sentences - even in HIS court.
Like her or hate her, Paris has been treated unfairly. The media has fanned the flames of the mob mentality calling for her continued imprisonment. But, if judges can so blatently ignore the law of Equal Protection and Due Process, what will happen to you if, by God, you get arrested?
I hope Paris is released immediately, the judge is punished by the Commission on Judicial Performance, the City Attorney is defeated in his next election, and the media starts to report the truth: Paris was Burned
