Lying About Justice

There are consequences for your behavior.  “We tell our kids that.  Hell, Judges say the same thing when they sentence you (my Judge said “I don’t know which man is before me, the one who did so much good in the community or the one who stole...”).  Why is it then, in the name of “justice” that we tolerate public officials lying about crime, sentences and public safety?  Isn’t it time our elected officials (and those hired to manage public agencies) are held to the same standards they so self-righteously espouse?  This week that issue came to mind as I read about Virginia Governor McDonnell’s decision to close Mecklenburg Corrections Center and Judge Timothy Sanner’s sentencing of former Goochland Treasurer Brenda Grubbs for her guilty plea to embezzling in excess of $200,000.

As a matter of self-disclosure, I was sentenced by Judge Sanner.  As I’ve detailed numerous times in the pages of this blog, I volunteered all information about my case, cooperated fully with the prosecution and pled guilty to six counts (five embezzlement and one forgery of public record).  Shortly before my sentencing hearing began, a young man appeared for his sentencing.  This early twenties male was in jail for a third DUI.  The third arrest involved an accident – his friend was killed.  This young man was entered in an alcohol treatment program at the jail.  The Judge, noting he’d completed twelve of eighteen months of the program gave this young man only the remaining six months to complete the program.

I don’t begrudge a lenient sentence to this young man.  Prison wouldn’t bring back his dead friend, nor is prison the place to address an obvious alcohol problem, but how do you sentence a man who has caused a death to a total of 18 months and turn around and sentence another man to 15 years for embezzling from a profitable company (which, coincidentally, is politically well connected in your jurisdiction)?

Brenda Grubbs was the Treasurer of Goochland County.  Married for 30 plus years to a local farmer, Ms. Grubbs embezzled over $200,000 from county funds while carrying out a romantic, internet liaison with a Nigerian con artist.  Sanner allowed Ms. Grubbs out on bond while her case was pending (a luxury I was not afforded).  Then came sentencing day.  Both her husband (who has stood by her) and minister testified on her behalf.

A request was made to allow her to report after the holidays and begin serving her four year imposed sentence.  The Judge rejected the request.  Why?  Because, Judge Sanner noted “defendant is deeply depressed and in need of mental health services”.  Sending her to prison will not address her mental health issues.  In fact, sending her to prison will hurt her mental health.

If a primary purpose of the criminal justice system is the creation of remorse, then the mere process – in cases such as Ms. Grubbs and mine – is enough to create the desired results.  The problem with pronouncement from the bench such as those made by Judge Sanner is they are completely devoid of truth.  He doesn’t have the guts to say “I want to punish you, ruin your family, make you a financial drain on the state because I can.”  Instead he says some quasi – Solomonese statement about justice.

Here’s a message for Judge Sanner and the others who hand down sentences:  justice does not exist in a vacuum.  Justice always includes mercy.  No Judge should serve on the bench without spending a week in the “corrections” system to understand the “consequences” of their decisions.  And, spare us the moral platitudes from the bench.  If morals and righteous behavior were pre-requisites to serving as a judge, there’d be nothing but vacancies.

And then there is the McDonnell Administration announcing the closing of the prison in Mecklenburg County.  The real reason for the closing – Pennsylvania removing 1,000 inmates from Virginia’s Green Rock Prison and cancelling the $20 million annual lease – was correctly set out in the opening sentence.  But then, McDonnell’s spokespeople veered off into the great sea of subterfuge and misstatement.

Closing Mecklenburg and sending those inmates to Green Rock “will save approximately $10,000 per inmate on an annual basis”; the Governor said (“currently it costs $29,562 per year, per inmate housed at Mecklenburg; that cost will shrink to $19,213 at Green Rock”).  “Liar, liar, pants on fire!”  Virginia’s Department of Corrections holds approximately 39,000 inmates (two-thirds of whom are classified as “low custody”).  DOC’s budget is just north of $1 billion.  That equals a per inmate cost of $25,564 per year.  The old expression “numbers don’t lie, but liars use numbers” seems to have been created by governmental bureaucrats to justify their complete lack of cost efficiency and effectiveness and candor.

Here are the facts:  it costs money, lots of money to operate and maintain a prison.  It is labor intensive.  The reason Green Rock wasn’t being used, the reason James River, Brunswick and Southampton were closed (along with a number of other facilities) was simply due to cost.  On average, it takes $25 million annually to operate a 1,000 bed prison in Virginia.  That the Commonwealth is now – by their own acknowledgement – at 137% of adequate bed capacity in corrections is just further evidence of the failure and lies perpetrated in the name of public safety.

Governor McDonnell stated, “In these difficult times, it is incumbent upon DOC and state government to ensure that public safety continues to be paramount and, while doing so, to be the best stewards of taxpayer’s money.”

Nice words Governor.  Problem is, prisons do not ensure public safety.  And, as I have repeatedly documented in the pages of this blog, DOC spending is a sinking hole.  Money doesn’t go for programs to end recidivism.  Money doesn’t even go to create secure facilities.  Virginia’s prisons are rife with crime, violence, disease, dishonest officers and administrators, and a glaring lack of creative programs and hope.

Governor McDonnell’s closing announcement was nothing but his political attempt to dress up the economic tsunami striking Virginia after years of lies about its public safety and corrections “successes”.

I broke the law.  I was told there were consequences for my actions.  Fair enough.  Its high time Judges and Governors are held to the same standard.