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Monday, September 25, 2006

Ind. Courts - South Bend Tribune compares punishments from different judges

"Similar crime, similar counties, different punishments" is the headline to this Sunday story in the South Bend Tribune, preceded by this introduction:

There’s a widely held perception in law enforcement circles -- acknowledged by judges themselves and reportedly cited by criminals -- that if you commit a crime in St. Joseph County, you’ll be treated more leniently than if you were to commit the same crime in Elkhart County.
The lengthy article itself, by Jeff Parrott, begins:
Adrian Prado likely felt unlucky on Nov. 23, 2003, the day he jumped into a car in a South Bend parking lot and sold his acquaintance some methamphetamine.

Unlucky because it turned out his customer was wearing a wire for the police, who happened to be nearby videotaping the transaction.

Prado ultimately pleaded guilty to dealing methamphetamine, a Class B felony worth up to 20 years in prison under state law.

But things might have been worse for the 20-year-old had he committed his crime in Elkhart County, as Danny Heerschop did.

After the police in Goshen caught 35-year-old Heerschop selling methamphetamine, he, too, pleaded guilty.

It was the first felony conviction for both men, but they were treated very differently in court.

St. Joseph Superior Judge Jerome Frese sentenced Prado to 10 years in prison but suspended eight of those and allowed him to serve the two "executed" years on home detention rather than in prison.

Prado has since allegedly violated terms of the program and has been arrested. He is due back in court Dec. 1, according to court records, and could be forced to serve the full 10-year prison sentence.

In contrast, Heerschop is sitting in a prison cell. Elkhart Circuit Judge Terry Shewmaker handed him a 15-year sentence at the Miami Correctional Facility. His earliest possible release date is in 2012.

The comparison highlights how the price one pays for committing a crime in Michiana can depend on where it occurs, according to a Tribune computer-assisted analysis of sentencing in both counties. Because no state or local agencies track judges' sentencing patterns, the Tribune built its own databases of felony sentences that Frese and Shewmaker handed down from July 2005 though June 2006.

Frese was selected because he is the only St. Joseph criminal judge who will appear on the Nov. 7 ballot.

There is much more to the story -- review it for yourself and see what you make of it.

Posted by Marcia Oddi on September 25, 2006 06:28 AM
Posted to Indiana Courts