I believe that this is the purpose of a writ of habeus corpus.
The ultimate goal of prisons is suppose to be to rehabilitate, well it looks to
me as if he does not need rehabilitating. Prisons are overcrowded as it is, why
would someone with common sense want to send this man to prison...oh wait; that
common sense part, we can't always count on our government officials to use
The purpose of prison is (or should be) two fold - to keep dangerous criminals
away from society and to rehabilitate them. Punishment should be in the form of
restitution to the victim, NOT in time served.This man has obviously
rehabilitated himself, without the required prison time. Society would in no way
be served by locking him away. Clemency should be granted in recognition of
what he has accomplished.
Not only should this man be set free, seems like we all agree on that, but the
question is...should he sue the state for use of excessive force? I mean, a
SWAT team to burst into this man's home to arrest him? I
wonder...will the police force be held accountable for his arrest and the
criminal system for their error?
I actually heard an interview with him and with his victim. The victim believes
he should be set free, so I see no reason to keep him in prison.
Have mercy. The man is an upstanding citizen. Let him go home.
I think he was scared straight. Besides a lot of people think criminals need
rehabilitation. I think he learned his lesson has paid his dues by having to
wonder when they might come and get him all those years. Put him in jail and see
what he learns. Then you will have a wife and kids with no dad, so they will
need government assistance. Let him go, he is a tax payer, he has never hidden
who he was and it's done. Their court systems fault. I think there was a
reason he didn't need to be surrounded by thugs in Prison, he made the
changes he needed to and is a good person.
AZKID I think expressed my own ideas particularly well.Something not
brought up in the article is the state of the place he robbed; did he ever
actually repay what he took and personally apologize? I know
restitution(justice) isn't something most modern justice systems are known
for, but suppose they just had him do that and then leave him alone?@Stormwalker:I guarantee his race has nothing to do with it. This
doesn't even involve profiling; if he weren't hispanic they'd do
all this same stuff.
We don't have a justice system in America, we have a legal system and there
is a big difference between the two. I say free this law-abiding,
tax paying, good father! He has shown himself to be a good man. Hold his
sentence in abeyance.....if he screws up again in the next 5 years on a felony
level throw the book at him then.....otherwise leave him alone and wipe his
record in 5 years. Now that is a fair thing to do.
The error was with those in charge of getting him into prison. He didn't
flee, or hide. He should be released, perhaps with a requirement that he do
community service or something proactive to help at-risk youth to see that a
life can be turned around.
13 years have passed. The state has failed to do it's due diligence. At
this point, what reason to they still have to incarcerate him? This is simple
The one thing he could have done, was to contact the authorities and asked why
he hadn't been sent to prison yet. However, I don't blame him for not
doing so. I think he did the only sane thing to do. He followed instructions,
and waited, and waited, and waited and hoped...That being said, I
think that the governor needs to immediately pardon him. To some degree, he has
served out his sentence by having it "hanging over his head". Arguably,
it may have motivated him to get his life in order so that if an when this day
came, he could point to his clean record and productive life, and say, "hey,
look at my life, and let me move on". I say, reward his model behavior.
It sounds like they should let him go.
It costs the taxpayers a lot more to incarcerate a man -- a TAX paying man no
less -- who is not a danger to himself or others. I say let it lie.
"...[he was] told to await instructions on when and where to report to
prison. .... 'They sent a SWAT team to his house,' Anderson's
attorney, Patrick Megaro, said Wednesday. 'He was getting his 3-year-old
daughter breakfast, and these men with automatic weapons bang on his
given that he had waited for 13 years, without concealment, for the promised
"instructions on when and where to report to prison", this incident begs
the question whether the SWAT team delivery of his instructions was the method
they intended 13 years ago?If not, WHY did they think it necessary
to be so intrusive now?Every time I read of another monumental
foulup like this (both the original oversight AND the eventual overblown SWAT
team reaction) it makes me cringe just a little more when I pay my taxes.
This is a person-of-color challenging the prison-industrial complex. He's lucky he didn't get shot for resisting arrest when the SWAT
team came through his door that morning. Justice? Not anymore.
A first time offender?A BB-gun? I mean, get real!, a BB-gun?!A post-court model life including NOT hiding from the law, a wife, a
kid, paying taxes, a steady job, no further laws broken other than occasional
speeding tickets?Sadly, in America, with our horribly inept,
incompetent, non-justice justice system, my bet is they'll send him to
jail.Now THAT would be a real crime.