Spitzer's Penal Problems

Categories: Crime & Sex

There are rumblings of reform coming from Sacramento. Reforms aimed at starting to straighten out the state's dysfunctional prison system. The Los Angeles Times reports, "the Senate's top Democrats on Thursday moved toward reforming California's byzantine criminal sentencing system."

Unveiling legislation to create a sentencing review commission, Senate leader Don Perata of Oakland and Sen. Gloria Romero of Los Angeles said California should join 16 other states now revisiting the question of who goes to prison and for how long.

It's an attempt to remove politics from the sentencing process. Gov. Schwarzenegger's PR people say he's "thrilled" that the Dems are getting on board with reform. And given that "getting tough" on crime is one of the easiest tricks in the politician's bag of cheap demagoguery, which makes the justice system vulnerable to any good bumper sticker slogan, you'd have to wonder where you could find someone who would object to taking politics out of sentencing.

Where? C'mon, you should know by now-- Orange County.

Assemblyman Todd Spitzer (R-Orange) said suggesting that lawmakers "punt to a commission that has no accountability is a nonstarter."

"They want to take the politics out of it," said Spitzer, who was a prosecutor before becoming an elected official. "But in my opinion, the politics is critical to making sure a liberal Legislature does not become more soft on crime."


Todd Spitzer-- wants to preserve his right to get all Republican on convicts' asses. And, of course, maintain the ability of politicians to promise more and more brutal punishments regardless of reason or justice. After all, the promise of revenge is a more reliable vote getter, especially in Republican primaries.

Interestingly enough, Spitzer was last seen in the pages of OC Weekly almost a year ago, demonstrating his expertise in matters penal. Then he was dealing with the other end of penal system, not sentencing, but killing.

Steve Lowery noted in his Diary of Mad County for January 28, 2006:

In a story in The OC Register, Assemblyman Todd Spitzer (R-Orange) says he witnessed the recent execution of four-time murderer Clarence Ray Allen. Spitzer, staunchly pro-death penalty, says he was impressed with how "professional" the procedure was, mentioning that one of the attendants wiped down the 76-year-old Allen's arm with an antiseptic pad before inserting the needle that would deliver the killer cocktail of drugs. … Spitzer later says in the piece that witnessing Allen's death "made me realize that it absolutely is a humane process to put someone to death."

Of course, since then a federal judge has ruled California's death penalty unconstitutional, declaring the "implementation of lethal injection is broken". Where Spitzer saw "a humane process", U.S. District Judge Jeremy Fogel found the procedure so painful it violated the Eight Amendment's ban on "cruel and unusual punishment". (Members of the American Veterinary Association refuse to use the drugs the state uses, because using them to euthanize a sick animal would be to too cruel.) Where Spitzer was impressed by how "professional" the killing was, the judge "said executioners were poorly trained, worked in dim, cramped quarters and failed to properly mix the lethal, three-drug cocktail used to kill condemned inmates." Fogel has given the state until May 15 to submit a plan that won't violate the Eighth Amendment.

So, perhaps Todd Spitzer isn't the first person one should turn to for expertise on penal matters. Unless, of course, you're like Stephen Colbert, and you don't believe that important issues should be decided by " the Factanistas".

Comments (5)

Pete Fundy says:

Spitzer is a bright young man. Granted, he's no brighter than the rest of us conservatives who backed Arnold, but that's not the point.

The point is that words like "cruel and unusual" are open to political interpretation, and whether it's a hardened criminal awaiting execution or a sick kitten already on the brink of death, many of us conservatives instinctively trust clean-cut white men like Todd Spitzer to make sure the job gets done right.

As for Colbert, we would appreciate a little less attitude from him and his 80 writers.

Warmly yours,
Pete Fundy
Senior Editorial Writer
OCLegend.Com

Posted On: Friday, Jan. 19 2007 @ 8:01PM
Debby Bodkin says:

As my husband continues to remind me, there is idealism and realism.... and in an ideal world, concerns about cruel, unusual punishment and the death penalty would not be a topic for discussion; however, we live in reality where persons can be sentenced to death after due process of the law.

It is hard to determine if Todd Spitzer is living in the world of idealism or realism. Afterall, he witnessed a person executed with such ease, with such an idealistic attitude but yet, spends hours micromanaging sexual predators who have served prison terms and sanctions, while the politically-connected sexual predators, who escaped prosecutions or prison for sex crimes that destroyed the lives of children and families, roam the streets of California with freedom to destroy more lives, without consideration.

In the real world, there is good and evil.... and we must all somehow learn to be accountable to one another... including Mr. Spitzer and other elected government officials who turn a blind eye to the politically-connected sexual predators that roam California's streets and place children in danger, day after day, year after year.

Earth to Todd Spitzer.... reality can be frightening if you are one of the non-politically connected dealing with truths, not idealism.

Posted On: Saturday, Jan. 20 2007 @ 3:01PM
Tim McGinley says:

Senate leader Don Perata and Sen. Gloria Romero of Los Angeles need to be STRONGLY praised for their stand on reasonable criminal sentencing.

There was a case in South CO two years age in which two teenage girls fought for 15-30 seconds, neither sought medical treatment and the OC DA sought life imprisonment and $1 million dollars bail for one of the girls. Reasonableness prevailed thanks to Judge Toohey and the girl charged is now 21, a junior at Loyola and an "A" student.

Things can get out of control and ANY district attorney's office--with little/any remedy (note the Duke University situation is a welcome change in the positive direction)

All government agencies need checks and balances.

Posted On: Saturday, Jan. 20 2007 @ 7:01PM
Debby Bodkin says:

Reasonable and CONSISTENT criminal prosecutions and sentencing would do alot in today's world of political and self-serving law enforcement and DA agendas. When Judges step up to the plate to balance the checks and balances, we must feel thankful because often Judges resist political decisions, just like DA's, to avoid scrutiny.

A recommended life sentence and $1 million in bail for one of the girls seems a bit unreasonable, sounds suspicious, without knowing all the facts. It is refreshing to hear that a college education followed a mistake and that the girl is not sitting in jail, serving a life sentence for making a mistake.

However, in the OC, we are accustomed to witnessing either severe sentencing recommendations and/or prosecutors that recommend complete non-accountability. In the OC, it all depends on your political affiliations and whether or not it is an election year!

Posted On: Saturday, Jan. 20 2007 @ 9:01PM
Orange County Weekly - The Blotter » Parsing Sentences (Penal edition) says:

[...] In a nice bit of timing, on Friday the Times featured Todd Spitzer's rejection of an attempt to rationalize California's criminal sentencing process and take politics out of it, and today the U.S. Supreme Court declared the state's Determinate Sentencing Law unconstitutional. [...]

Posted On: Monday, Jan. 22 2007 @ 9:01AM

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