Sara Kaufman | January 29, 2010
Former St. Johns County Commissioner Tom Manuel was sentenced to 21 months in federal prison and 16 months home detention on Thursday morning in US District Court, but both sides filed motions and responses up until the day before the scheduled sentencing hearing.
In response to a motion for downward departure filed by Manuel’s defense in December, the US Attorney said no way, arguing for incarceration in a federal prison.
On Jan. 20, Julie Hackenberry Savell, assistant US Attorney, filed a response to the defendant’s sentencing motion, arguing that the sentencing guideline range, which calls for a term of imprisonment of 37 to 46 months, should not be departed from based upon any of the reasons put forth by the defendant.
On Jan. 27, Gray Thomas filed a last minute reply to Savell’s response, arguing Manuel was justified in accepting money because it’s been legally done before.
Thomas argued "those in public life, including in elected positions, regularly raise funds for worthy causes" and that Manuel’s suggestion that Robbins donate to the Council on Aging is "hardly remarkable, much less criminal."
In her Jan. 20 response, Savell cited portions of recorded conversations between Bruce Robbins, a Falcone representative and Manuel. In these conversations, Manuel states that he is forming a Committee of Continued Existence, which is an opportunity for Robbins to give Manuel "lots of money." In later conversations, transcripts show Manuel asking Robbins to give money to the Council on Aging and other community organizations.
Savell argued that Manuel’s words "refute the defendant’s argument that the criminal transaction was of limited duration, was an isolated incident and represented a marked deviation in conduct."
In Thomas’ response, he states that the government presented an incorrect transcription of an April 10, 2008 recorded conversation between Manuel and Robbins. Savell’s motion states Manuel said, "Oh you could have my vote ..." while Thomas’ argued the statement was actually, "Oh you clearly have my vote ..."
"The court should be aware of the significance of this difference in transcription, as the actual statement reflects Mr. Manuel’s long support for the project even before running for a seat on the commission," Thomas wrote.
In December, Manuel’s defense cited a variety of mitigating circumstances, including his poor health, mental condition and the claim that Manuel was justified in accepting money, as reasons why the judge should depart from the sentencing guidelines and grant Manuel probation or home confinement.
Savell argued that Manuel’s medical needs could be met while he was incarcerated and that the negative impact on Manuel’s family is not a basis for departure. Thomas responded, the day before the sentencing hearing with the claim that the circumstances of Manuel’s family responsibilities and extraordinary health conditions meet the factors in family responsibilities departure guidelines.
Additionally, Thomas argued Savell’s motion diminished the impact of Manuel’s undiagnosed bipolar disorder, which directly impacted Manuel’s impaired judgement.
sarakaufman@pontevedrarecorder.com
No comments:
Post a Comment