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Sissyk

(12,665 posts)
Thu May 1, 2014, 01:23 PM May 2014

Man jailed 13 years after sentence...

..asks family to 'keep praying; keep hope'.

Cornealious "Mike" Anderson has plenty of time to think. He spends most of his day locked in a cell in Missouri’s Southeast Correctional Center, pining for his family and wishing he could wake up from what feels like a nightmare.

-snip-

Anderson’s case has garnered national media attention because its circumstances are so unusual. Back in 1999, Anderson helped rob a Burger King assistant manager in St. Charles, Mo., with what turned out to be a BB gun. In May 2000 he got convicted of armed robbery and sentenced to 13 years in prison — but because of a clerical error, he never did the time.

He went on to become a law-abiding, happily married man with four children. After training as a carpenter, Anderson started small businesses and built his own home from the ground up. On the weekends, he volunteered at his church, went fishing, fixed up old cars and helped his kids prepare for their spelling tests — “just normal, everyday, good stuff,” he told Snow.

-snip-

Late last year, Anderson’s lawyer Patrick Megaro filed a writ of habeas corpus on Anderson's behalf, arguing that incarcerating him now after so many years constitutes cruel and unusual punishment. Missouri Attorney General Chris Koster countered by arguing Anderson “took advantage” of the situation and is at fault for not turning himself in.

On Monday, May 5, a circuit court hearing is scheduled in Charleston, Mo., to consider a new petition on Anderson’s behalf. The petition seeks to require the Missouri Department of Corrections to credit Anderson for the 13 years he was technically at large.

Koster told NBC News in a statement that his goal was to suggest a way for the court to balance the seriousness of the crime, the clerical error and Anderson's life in the years since the crim

http://www.today.com/news/man-jailed-13-years-after-sentence-asks-family-keep-praying-2D79605282

____________________________________________________________________________

Please read the complete story. Do you think this man has turned his life around, became a part of a loving, caring family, and can be a roll model to his children? I do. Don't make him serve the sentence now when it was the state that made the error that released him so many years ago.

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Man jailed 13 years after sentence... (Original Post) Sissyk May 2014 OP
It's called a Correctional Center, not a Punishment Center Xipe Totec May 2014 #1
Exactly my feelings on it. Sissyk May 2014 #4
Yes indeed. Even his victim acknowledges that he's been rehabilitated. Orrex May 2014 #6
Yes. Sissyk May 2014 #13
I can't provide the link just now (at work), but... Orrex May 2014 #18
Thanks! Sissyk May 2014 #19
Clearly, this is one case Obama should grant a full pardon for. nt kelliekat44 May 2014 #35
Agreed, but not Obama; the state governor. It's not a federal case. nt Xipe Totec May 2014 #37
No need to jail him now seveneyes May 2014 #2
I agree - saw an interview of him on Today at the gym underpants May 2014 #11
They did say and the article linked above does also. Sissyk May 2014 #14
I didn't realize it was the Today report underpants May 2014 #16
The primary purpose of prison is to reform the offender so the behavior is not repeated NightWatcher May 2014 #3
Yes. Sissyk May 2014 #5
prison is criminal college RandoLoodie May 2014 #9
The court should reduce his sentence to probation and community service. madaboutharry May 2014 #7
i hope you're right ProdigalJunkMail May 2014 #8
+1000 Blue_Tires May 2014 #29
According to this eariier report rocktivity May 2014 #10
Do you expect someone that has been Sissyk May 2014 #12
Yes ? Bonx May 2014 #17
I would expect the lawyer to say something rocktivity May 2014 #28
I'm really not concerned with his lawyer right now. Sissyk May 2014 #30
True, but -- another irony of ironies -- if he'd told his wife of his situation rocktivity May 2014 #31
I don't have the answer to that. Sissyk May 2014 #32
Nothing in this case is that simple. The ironies -- they burn, LOL! rocktivity May 2014 #34
Objectively, what would that precisely accomplish? LanternWaste May 2014 #23
It would be the equivalent of being sentenced to thirteen years rocktivity May 2014 #24
Can't believe they're trying to go thru with this. AverageJoe90 May 2014 #15
IMO... Time served would be the best ruling. whistler162 May 2014 #20
Looks like I am the lone voice who thinks he should be jailed. FreedRadical May 2014 #21
I can't think of any good that would come of jailing him now. magical thyme May 2014 #22
I think he's a dumbass for this reason MillennialDem May 2014 #25
I, too, have developed a habit of trying to anticipate the consequences of what I decide to do rocktivity May 2014 #26
The state screwed up worse. I can't ignore that. nt Logical May 2014 #36
Ankle monitor for a while. That's it. bravenak May 2014 #27
Let him go. As our leading politicians say "look ahead, not behind" The Straight Story May 2014 #33
Man freed in Missouri delayed imprisonment case rocktivity May 2014 #38
Thank you, rocktivity for posting that! Sissyk May 2014 #39

Xipe Totec

(43,890 posts)
1. It's called a Correctional Center, not a Punishment Center
Thu May 1, 2014, 01:30 PM
May 2014

The purpose of the facility is to correct behavior.

Clearly, the guy has corrected his behavior despite the fact that he was never incarcerated.

There is no positive purpose to be served by incarcerating him now.

Sissyk

(12,665 posts)
4. Exactly my feelings on it.
Thu May 1, 2014, 01:34 PM
May 2014

He has corrected his life. So, don't take the children's life with this good influence away from them.

Sissyk

(12,665 posts)
13. Yes.
Thu May 1, 2014, 02:38 PM
May 2014

And, from the reading I've been doing; it looks as if the State is also looking for a better solution than serving more time in prison.

I hope Monday's hearing goes his way.

Orrex

(63,208 posts)
18. I can't provide the link just now (at work), but...
Thu May 1, 2014, 03:06 PM
May 2014

NPR's This American Life ran a terrific story on him about a month ago. Well worth seeking it out if you've got 20 minutes to spare.

underpants

(182,788 posts)
11. I agree - saw an interview of him on Today at the gym
Thu May 1, 2014, 02:16 PM
May 2014

Weirdly the NBC reporter wouldn't say what specific jail he was in like it was super secret

He appears to be a regular kind of good guy. He said it was a wake up for him and he made the best of it. If he HAD been in jail would he be institutions lizard at ghost point? Basically growing up in prison and probably having adopted that culture?

Sissyk

(12,665 posts)
14. They did say and the article linked above does also.
Thu May 1, 2014, 02:53 PM
May 2014

Southeast Correction Center is the name of the facility where he is currently held.

I agree with you on the kind of person he would be if he had served his sentence.

With that said, I truly do believe that if a person is found guilty in a court of law they should serve the sentence handed down; and hope they are rehabilitated, or at least see the error of their ways and learn from it. In this case though? Let it go. He has completely turned his life around due in part to an error made by the State.

underpants

(182,788 posts)
16. I didn't realize it was the Today report
Thu May 1, 2014, 02:59 PM
May 2014

I could have sworn that in the telecast the reporter said, "...a Federal maximum security prison..."

Anyway, just let him go

NightWatcher

(39,343 posts)
3. The primary purpose of prison is to reform the offender so the behavior is not repeated
Thu May 1, 2014, 01:34 PM
May 2014

Sure, another purpose to to enact retribution to the offender, but the primary role of a department of "corrections" is to fix the behavior. Regardless of how it happened, this man has corrected the behavior that would have sent him to prison (he also saved the tax payers in that state ??? how many thousands of dollars from having to provide for him while incarcerated).

He is even being housed in the "Missouri’s Southeast Correctional Center". He has corrected the behavior. He should be released.

Sissyk

(12,665 posts)
5. Yes.
Thu May 1, 2014, 01:38 PM
May 2014
On Monday, May 5, a circuit court hearing is scheduled in Charleston, Mo., to consider a new petition on Anderson’s behalf. The petition seeks to require the Missouri Department of Corrections to credit Anderson for the 13 years he was technically at large.


I hope with enough publicity, the State will see what we see; and Monday's hearing will go his way.

madaboutharry

(40,209 posts)
7. The court should reduce his sentence to probation and community service.
Thu May 1, 2014, 01:58 PM
May 2014

I don't think it is entirely appropriate to say "whatever…" At the same time, there is no purpose in having him serve a prison sentence. I am confident that there will be a deal made.

ProdigalJunkMail

(12,017 posts)
8. i hope you're right
Thu May 1, 2014, 02:03 PM
May 2014

and if not, then perhaps it's time for the governor to step in and pardon or commute or whatever it is that governors can do...

sP

Blue_Tires

(55,445 posts)
29. +1000
Thu May 1, 2014, 04:54 PM
May 2014

exactly what I was going to say...

His "making the most of a second chance" story is invaluable to potentially wayward youth...The vast majority of criminals who are freed on a bureaucratic snafu only use the opportunity to go on a crime spree...

rocktivity

(44,576 posts)
10. According to this eariier report
Thu May 1, 2014, 02:14 PM
May 2014

Last edited Thu May 1, 2014, 06:13 PM - Edit history (1)

In 1999, Cornealious “Mike” Anderson was convicted of armed robbery after taking money from a Burger King manager who was making a bank deposit. He was sentenced to 13 years in jail...posted bond and went home during the appeals process...

"He then waited and waited and waited for the Missouri Department of Corrections to give him a date to surrender and begin his serving his sentence,’’ Anderson’s attorney, Patrick Michael Megaro, told TODAY. “That day never came." The state mistakenly believed Anderson was already in prison serving his sentence, when in fact he was living life on the outside.

"He got married, had children, opened a successful business, coached youth football, (and) joined a church group,’’ Magaro said...“Did everything that you would expect a normal person to do because in his mind, he believed that maybe the courts had changed their mind." link

And it didn't occur to either Anderson his lawyers to find out what what going on? That can't go unpunished, but Anderson's good behavior (including not fleeing) shouldn't go uncredited, either (though I doubt that he told his then-fiance that he might be carted off to jail at any minute).

In terms of a equitable solution, and assuming that Missourians must serve one-third of their sentence to qualify for parole, I suggest he serve one third of the sentence -- 52 months.


rocktivity

Sissyk

(12,665 posts)
12. Do you expect someone that has been
Thu May 1, 2014, 02:36 PM
May 2014

sentenced to 13 years in prison, and sent home due to a clerical error on the states part (can that go unpunished?) to call and say, "Hey, Mr. Prosecutor? When you going to come get me?". Yeah, I don't see that happening.

An equitable solution would be to let him go free. He is rehabilitated. He is a good citizen. He is a small business owner. He has children to help raise. Justice has been served.

rocktivity

(44,576 posts)
28. I would expect the lawyer to say something
Thu May 1, 2014, 04:50 PM
May 2014

if only because the alternative was risking disbarment.

Besides -- irony of ironies -- if they'd done the right thing, he'd be getting out about now anyway. If not sooner with good behavior.


rocktivity

Sissyk

(12,665 posts)
30. I'm really not concerned with his lawyer right now.
Thu May 1, 2014, 05:03 PM
May 2014

That's a different subject and I'm trying to focus on Mr. Anderson. I'm not trying to stop you from focusing on that, of course.

If he had served his full sentence (which, again, he didn't because of the State), he probably wouldn't have a wife and those beautiful children. Or, a small business.

rocktivity

(44,576 posts)
31. True, but -- another irony of ironies -- if he'd told his wife of his situation
Thu May 1, 2014, 05:37 PM
May 2014

BEFORE she became his wife (which he didn't do according to the video on this page), WOULD she have become his wife?


rocktivity

Sissyk

(12,665 posts)
32. I don't have the answer to that.
Thu May 1, 2014, 05:47 PM
May 2014

Love works in mysterious ways! lol! It may have been another wife. hehe! We can keep doing this all day, but I will not.

Thanks for the conversation, rocktivity!

 

LanternWaste

(37,748 posts)
23. Objectively, what would that precisely accomplish?
Thu May 1, 2014, 03:58 PM
May 2014

"I suggest he serve one third of the sentence..."

Objectively, what would that precisely accomplish?

rocktivity

(44,576 posts)
24. It would be the equivalent of being sentenced to thirteen years
Thu May 1, 2014, 04:12 PM
May 2014

making parole on first attempt due to remorse and good behavior, and going on to be an upstanding citizen -- only in a slightly different order.


rocktivity

 

AverageJoe90

(10,745 posts)
15. Can't believe they're trying to go thru with this.
Thu May 1, 2014, 02:56 PM
May 2014

WTF, Missouri DoC? Can't you see this fellow has fully rehabilitated himself, and more!?!?

Damn. Just damn.

FreedRadical

(518 posts)
21. Looks like I am the lone voice who thinks he should be jailed.
Thu May 1, 2014, 03:28 PM
May 2014

Armed robbery is a vary serious crime and he deserves to be held accountable. People are left traumatized after having their life threatened in such a manner. I am not saying how much time he deserves to spend. That is up to a court to decide. He was given 13yrs. I am saying he doesn't deserve to get off scott free.

 

magical thyme

(14,881 posts)
22. I can't think of any good that would come of jailing him now.
Thu May 1, 2014, 03:52 PM
May 2014

I can only think of bad that could come of jailing him now.

He got his wake up call. He turned his life around. I could live with some sort of probation or community service.

 

MillennialDem

(2,367 posts)
25. I think he's a dumbass for this reason
Thu May 1, 2014, 04:17 PM
May 2014

If that happened to me - not that I plan to commit armed robbery (or ever have) and "let go" by mistake I would be in another country with a new name.

rocktivity

(44,576 posts)
26. I, too, have developed a habit of trying to anticipate the consequences of what I decide to do
Thu May 1, 2014, 04:32 PM
May 2014

I believe the medical term for it is "MATURITY."

And all the lawyers involved ought to be disbarred for not knowing that Anderson wasn't in jail. Everybody spent 13 years with their mouths shut and their fingers crossed, hoping it would go away? The court can't ignore that.


rocktivity

 

bravenak

(34,648 posts)
27. Ankle monitor for a while. That's it.
Thu May 1, 2014, 04:36 PM
May 2014

Just to make sure he's not sneaky like Dexter. But i think thats what we should do in most cases. Cost so much to put people in jail when they could be paying taxes and supporting their kids. Put him in jail they might end up being supported by the state while we are paying to incarcerate him. He'll end up doing slave labor or 75 cents an hour so that the private prison can double profit off of their new slave. Yay!

The Straight Story

(48,121 posts)
33. Let him go. As our leading politicians say "look ahead, not behind"
Thu May 1, 2014, 05:49 PM
May 2014

Which is one reason why none of them are in jail.

rocktivity

(44,576 posts)
38. Man freed in Missouri delayed imprisonment case
Mon May 5, 2014, 03:27 PM
May 2014
http://news.yahoo.com/man-freed-missouri-delayed-imprisonment-case-152627742.html

Mississippi County Associate Circuit Judge Terry Lynn Brown needed just a 10-minute hearing before ruling that he was giving Anderson credit for time served for all 4,794 days between his conviction and when he was arrested last year. The judge granted Anderson his immediate freedom...

Anderson was 23 when he was sentenced to 13 years in prison for his role in the robbery of a fast-food restaurant's assistant manager. He told The Associated Press last month that he waited, and even asked about going to prison, but the order never came. In the years since his conviction, Anderson started his own construction-related businesses, married and had children. He also coached youth football and volunteered at his church in Webster Groves, Missouri.

At the hearing Monday, Anderson's attorney, Patrick Megaro, said Anderson remained out of prison through no fault of his own, and in the intervening years, turned his life around. "He has been able to accomplish for himself what the criminal justice system does not accomplish in many situations," Megaro told the judge.

Brown agreed. He pointed out that Anderson's crime was serious, but acknowledged that he's a far different man now than he was then...



rocktivity

Sissyk

(12,665 posts)
39. Thank you, rocktivity for posting that!
Mon May 5, 2014, 03:52 PM
May 2014

I was coming to look this thread up and take care of posting it.

I think the results are fair and just.

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