Monday, January 02, 2006

What not to say at sentencing

People v Thomas, __ AD3d ___ [3d Dept 2005]

The defendant in Thomas was sentenced as a persistent felony offender to 25 years to life for throwing a cup of his own waste at a correction officer; according to the decision, as the correction officer passed defendant's cell, "a cup of liquid flew out from the cell and hit him on the right side of his body. Purportedly, defendant stated, 'There, take that.' The substance was later determined to be a combination of urine and fecal matter." (People v Thomas, __ AD3d __.) Gross and not even remotely hygienic--but 25 to life? Well, the Court points out in a footnote some comments made by defendant at sentencing:

At sentencing, defendant stated, 'If I had to do it again, I would do it all over again. He is lucky that I couldn't get to his ass where I could shove a shank in his f**ing neck.'

(Id. [asterisks in original].)

Proving once again that a defendant's right to address the sentencing court is not all it is cracked up to be.