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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMan 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 Missouris Southeast Correctional Center, pining for his family and wishing he could wake up from what feels like a nightmare.
-snip-
Andersons 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, Andersons 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 Andersons 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
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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.
Xipe Totec
(43,890 posts)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)He has corrected his life. So, don't take the children's life with this good influence away from them.
Orrex
(63,208 posts)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)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.
I will look that up when I have a little time.
kelliekat44
(7,759 posts)Xipe Totec
(43,890 posts)seveneyes
(4,631 posts)He has shown he is no longer a threat to society. Leave him be.
underpants
(182,788 posts)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)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)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)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 "Missouris Southeast Correctional Center". He has corrected the behavior. He should be released.
I hope with enough publicity, the State will see what we see; and Monday's hearing will go his way.
RandoLoodie
(133 posts)it has nothing to do with reform or correction.
madaboutharry
(40,209 posts)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)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)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)Last edited Thu May 1, 2014, 06:13 PM - Edit history (1)
"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, Andersons 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)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.
Unless they are planning to continue a career in crime.
rocktivity
(44,576 posts)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)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)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)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!
rocktivity
(44,576 posts)rocktivity
LanternWaste
(37,748 posts)"I suggest he serve one third of the sentence..."
Objectively, what would that precisely accomplish?
rocktivity
(44,576 posts)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)WTF, Missouri DoC? Can't you see this fellow has fully rehabilitated himself, and more!?!?
Damn. Just damn.
whistler162
(11,155 posts)FreedRadical
(518 posts)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)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)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)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
Logical
(22,457 posts)bravenak
(34,648 posts)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)Which is one reason why none of them are in jail.
rocktivity
(44,576 posts)
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)I was coming to look this thread up and take care of posting it.
I think the results are fair and just.