People Against Mandatory Minimum Sentencing
Oregon State Legislator
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On January 31 2005 I watched my fiance' Paul Heine take a plea bargain for 105 months for two Robbery 1 charges in Oregon State. These were both MEASURE 11 crimes and fall under the MANDATORY MINIMUM SENTENCING guidlines voted in by THE PEOPLE in 1994. Although Paul was infact guilty, what appauled me was the statements by the Prosecuting Attorney and the Sentencing Judge. The Prosecuting Attorney and the Judge both on record stated that they believed that Paul did not belong in prison but that a drug treatment program would have better aided him and his future. They went on to say that he was not beyond rehabilitation and that looking at his past criminal record he was a "petty car-thief" that was caught in the grips of his addiction. They both appoligized and with much regret sentenced him to the lowest possible term of 105 months.The judge stated that "HER HANDS WERE TIED". Our judge having her hands tied not able to make a individual decisions? His sentence included no chance for programs (boot-camp,long term drug and alchol treatment),NO GOODTIME. He sits every day of his 105 month sentence. Does that seem like reprograming or rehabilitation??? One size fits all sentencing is what it is.Defendents are no longer looked at as individuals and their lives and individual sircumstances are ignored. Everyone, if guilty gets the same sentence even if The Prosecuters and Judges don't believe it necessary. My fiance' did infact commit Robbery 1 and for the victims sake I am not trying to co-sign his behavior or minimize what this incident might have done to them. The facts be as they may though, he did not touch any of his victims. He in an intoxicated blackout approched the victim and with a knife in his hand demanded her keys.As he fled the scene 2 men chased him and in the chase he turned and told them to quit chasing him. They dropped one of the 3 Robbery 1 charges he initially had. In all of his criminal history not one assault charge. NOT ONE!!! In this case not one of his victims was touced let alone hurt. Scared I'm sure but not physically assaulted. 105 Months !!! MANDATORY MINIMUM!!! Paul did not take his case to trial because of poor witness co-operation and if taken to trial and lost he would have gotten MANDATORY MINIMUM 270 MONTHS. He was in the wrong that day because he did choose to pick up that bottle of alchol. He is a drug addict sick in addiction not a violent criminal that needs to be behind bars for the communities safety. Paul Heine is an intelligent,loving,soul-touching man. That was proven by the statements made by the very people that are supposed to gladly put people like him away.He is a son,a brother, a father, a fiance, a friend and an ADDICT. He needed intensive treatment not a 9 year prison sentence. I am asking that the punishment fit the crime and its circumstances and individual facts not be ignored. Please sign this petition and show The Government that we want fair sentencing and programs not just a supposed cure-all mandatory minimum sentencing plan. I WANT FAIR SENTENCING AND AMMENDMENTS TO MEASURE 11. GOOD TIME FOR ALL OFFENDERS AT THE VERY LEAST. Thankyou for taking the time to read my petition. I hope I have gained your support as I am fighting for my fiance's life and the lives of other VICTIMS of THE MEASURE ELEVEN MANDATORY MINIMUM SENTENCING GUIDELINES.