Home -> Law Blog Directory -> Legal Commentary Blogs -> TalkLeft

Legal Commentary

: TalkLeft

It's the Dom Rel Crowd That Doesn't Get It

By Jeralyn

Cynthia Kouril writes at FDL about the Hiram Monserrate trial and sentence, complaining the judge doesn't get it:

Monserrate was charged with a felony, but convicted of a misdemeanor, so his maximum sentence was only one year. The judge however did not sentence him to anywhere near that amount of time, giving him probation and some anger management counseling. The judge DOES NOT GET IT.

It's Kouril who doesn't get it. That's the standard sentence for a first-time misdemeanor in New York. It's an appropriate sentence. The jury accepted there was an accident. He was convicted for the manner in which he forcefully made her go to the hospital, which she was resisting. Once outside, she calmed down, and they walked together in stride to the car. No more force required.

He was found not guilty of assaulting her with a knife. It was an appropriate sentence.

The best explanation of dom rel fights I've found is in a Leonard Cohen song: [More...]

It's the homicidal bitchin that goes down in every kitchen
to determine who will serve and who will eat.

The Judge did the right thing. Had he sentenced Monterserrate more harshly, it would have been for who he was and not what he was convicted for.

And, Joe Tacopina did a great job defending Montserrate.

As Don Henley sang, Get Over it.

Full post as published by TalkLeft on December 15, 2009 (boomark / email).