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PatrickforO

(14,516 posts)
Fri Aug 7, 2020, 09:47 AM Aug 2020

Louisiana Supreme Court upholds Black man's life sentence for stealing hedge clippers more than 20 y

Source: CNN

A Black Louisiana man will spend the rest of his life in prison for stealing hedge clippers, after the Louisiana Supreme Court denied his request to have his sentence overturned last week.

Fair Wayne Bryant, 62, was convicted in 1997 on one count of attempted simple burglary. In his appeal to the Second Circuit Court of Louisiana in 2018, his attorney, Peggy Sullivan, wrote that Bryant "contends that his life sentence is unconstitutionally harsh and excessive." Last week, though, the state Supreme Court disagreed -- with five justices choosing to uphold the life sentence.

The lone dissenter in the decision was Supreme Court Chief Justice Bernette Johnson, who wrote that "the sentence imposed is excessive and disproportionate to the offense the defendant committed." Johnson is the only female and Black person on the court. The rest of the justices are White men.

Read more: https://www.cnn.com/2020/08/06/us/louisiana-supreme-court-trnd/index.html



So there you have it. Johnson pointed out the people of LA have already spent $500K housing Bryant, and that if he lives 20 more years it would double. So, the people of Louisiana will have spent a million dollars on a guy that stole a pair of hedgeclippers.

Racism sure is costly.

I'd say the Butthole of America award now passes to Louisiana.
35 replies = new reply since forum marked as read
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Louisiana Supreme Court upholds Black man's life sentence for stealing hedge clippers more than 20 y (Original Post) PatrickforO Aug 2020 OP
This man's attorney should petition the Governor NewDayOranges Aug 2020 #1
Pretty sure I read somewhere that his 20 years of incarceration has cost $500k. Jedi Guy Aug 2020 #35
So,so,sad...as the orange ass pardons real criminals!! Thekaspervote Aug 2020 #2
Dumb Bel Edwards . . . moreland01 Aug 2020 #3
Kick and recommend for visibility bronxiteforever Aug 2020 #4
this guy gets his life scentance upheld ,whilst bundy gets off scott free. AllaN01Bear Aug 2020 #5
Are there extenuating circumstances to the original crime. JohnnyRingo Aug 2020 #6
Probably a three strikes case Sgent Aug 2020 #9
One of those 'habitual criminal things.' PatrickforO Aug 2020 #13
I don't like maniditory minimum sentences. JohnnyRingo Aug 2020 #15
Yes, that important context is in the linked article. It's his fifth conviction. thesquanderer Aug 2020 #16
In NJ where I practice criminal defense law, I have clients with way worse criminal histories and Pepsidog Aug 2020 #22
The Trump era has shown me that there is a huge segment of American adults who just CrispyQ Aug 2020 #7
We are a majoity nation of sadistic closeted narcissists bucolic_frolic Aug 2020 #8
That's correct Yeehah Aug 2020 #28
Dem leadership seems blind to the danger & harm of hate radio. CrispyQ Aug 2020 #29
+100000 Tommymac Aug 2020 #30
We need a few billionaires to fund that department Yeehah Aug 2020 #33
The governor could commute his sentence-- dawg day Aug 2020 #10
Oh, yeah, for sure. More than one. PatrickforO Aug 2020 #14
How about a "National Clemency and Restitution Act" --are you listening Joe? Nancy? Chuck? slumcamper Aug 2020 #11
OR how 'bout a "buddy" system of three strikes incarceration? jaxexpat Aug 2020 #26
What a completel dispassionate and racist decision. Fla Dem Aug 2020 #12
He had four priors, which Chief Justice Johnson addressed nuxvomica Aug 2020 #17
Barbaric greenjar_01 Aug 2020 #18
Each conviction further prevented gainful employment too nuxvomica Aug 2020 #20
I'd like to see a democratic governor of Louisiana pardon this man. BComplex Aug 2020 #19
I wonder if he could appeal in federal court? LeftInTX Aug 2020 #21
Don't think so JustGene Aug 2020 #24
nothing new here llashram Aug 2020 #23
President Biden must pardon. djacq Aug 2020 #25
He can't Polybius Aug 2020 #31
Obama could have pardon him. Joe Biden won't so don't count on it. there are 1000 of cases like bonniebgood Aug 2020 #32
Stealing hedge clippers? The treatment & abuse of this man is a crime in it's self! Illumination Aug 2020 #27
K&R for exposure Blue Owl Aug 2020 #34

NewDayOranges

(691 posts)
1. This man's attorney should petition the Governor
Fri Aug 7, 2020, 09:53 AM
Aug 2020

For clemency. I don't know how many thousands of dollars per year it has cost taxpayers to incarcerate this man, but for a non-violent crime of theft of hedgeclippers, a life sentence CANNOT be justified...

Jedi Guy

(3,171 posts)
35. Pretty sure I read somewhere that his 20 years of incarceration has cost $500k.
Fri Aug 7, 2020, 10:50 PM
Aug 2020

So assuming he lives another 20 years, Louisiana taxpayers will have spent a million bucks to imprison a man for stealing something that was probably worth less than $50. In fact, probably more than that, since he'll likely need more expensive healthcare as he gets older.

Makes total sense, doesn't it? That'll teach him to steal hedge clippers, and will certainly dissuade anyone else who's tempted to do likewise!

JohnnyRingo

(18,581 posts)
6. Are there extenuating circumstances to the original crime.
Fri Aug 7, 2020, 09:57 AM
Aug 2020

This just seems so blatantly unfair as to be unbelievable. Simple racism doesn't even begin to cover the reason for the extended sentence.

These judges knew the world would be watching their decision so it would be foolhardy and absurd to allow racism alone rule their judgement. I can't help but think there's more to the case than a pair of hedge clippers. Maybe I'm wrong.

Sgent

(5,857 posts)
9. Probably a three strikes case
Fri Aug 7, 2020, 10:03 AM
Aug 2020

LA doesn't limit strikes to violent offences -- any felony will do.

I have no idea of his background.

PatrickforO

(14,516 posts)
13. One of those 'habitual criminal things.'
Fri Aug 7, 2020, 10:37 AM
Aug 2020

That was the proverbial 'third strike.'

That says something to me about the stupidity of mandatory sentencing laws, for sure, because they take away all discretion from a judge. I mean, there's just something horribly wrong with a 'justice' system that sentences a man to life over a pair of hedge clippers, no matter what he'd done in the past.

JohnnyRingo

(18,581 posts)
15. I don't like maniditory minimum sentences.
Fri Aug 7, 2020, 10:44 AM
Aug 2020

It does indeed take away judicial discretion, the very foundation of crime & punishment.

If a judge is unable to render a fair sentence based on what is presented before the bench, get rid of him instead of giving him a menu of sentences.

thesquanderer

(11,954 posts)
16. Yes, that important context is in the linked article. It's his fifth conviction.
Fri Aug 7, 2020, 10:45 AM
Aug 2020
The sentence is sanctioned under the habitual offender law, Johnson noted in her dissent, meaning that Bryant's previous criminal history supports the sentence.
Bryant was convicted in 1979 for attempted armed robbery, in 1987 for possession of stolen things, attempted forgery of a check worth $150 in 1989 and for simple burglary of an inhabited dwelling in 1992, all before his 1997 arrest for the failed attempt at stealing the hedge clippers.

It still doesn't justify life in prision, but it's not quite "life in prison for trying to steal hedgeclippers."

Pepsidog

(6,252 posts)
22. In NJ where I practice criminal defense law, I have clients with way worse criminal histories and
Fri Aug 7, 2020, 11:41 AM
Aug 2020

they don't get anything near what this guy received as a sentence. Moreover, there appear to be long gaps in his history. In NJ you get terrible sentences for violent offenses, gun charges, and sex offenses.
I would like to read the Court's opinion to see the reasoning that supports this apparently excessive sentence.

CrispyQ

(36,226 posts)
7. The Trump era has shown me that there is a huge segment of American adults who just
Fri Aug 7, 2020, 09:59 AM
Aug 2020

want to be mean, nasty, & spiteful to people they don't like or people they disagree with. I have some in my family.

bucolic_frolic

(42,673 posts)
8. We are a majoity nation of sadistic closeted narcissists
Fri Aug 7, 2020, 10:02 AM
Aug 2020

that lapse into antisocial personality disorder when confronted with different others. Most of the time they appear quite normal.

Yeehah

(4,524 posts)
28. That's correct
Fri Aug 7, 2020, 12:13 PM
Aug 2020

They would gladly guard concentration camps for liberals and commit genocide in the name of their fuhrer. It could happen here with such a large number of stupid, gullible people. And it's getting worse due to the malevolent influence of hate radio and hate TV,

CrispyQ

(36,226 posts)
29. Dem leadership seems blind to the danger & harm of hate radio.
Fri Aug 7, 2020, 12:20 PM
Aug 2020

Forty years of uncontested, unchallenged hatred toward dems, feminists, minorities, & gays, spewed across rural America, & our side is silent. We're forty years behind the 8-ball on messaging & I don't see any evidence of that changing. We need a marketing department, stat!

Yeehah

(4,524 posts)
33. We need a few billionaires to fund that department
Fri Aug 7, 2020, 01:05 PM
Aug 2020

But most billionaires are right wingers who want a return of feudalism.

dawg day

(7,947 posts)
10. The governor could commute his sentence--
Fri Aug 7, 2020, 10:11 AM
Aug 2020

In fact, that would be a sensible thing for governors could do in every state, especially those with a history of racism in sentencing (which would be all of them). Find ridiculous situations like this, and commute their sentences and set them free. I'm sure every state has some poor guy who has been languishing in prison for years for some minor offense.

PatrickforO

(14,516 posts)
14. Oh, yeah, for sure. More than one.
Fri Aug 7, 2020, 10:38 AM
Aug 2020

Because this guy and probably thousands of others, should be free.

slumcamper

(1,603 posts)
11. How about a "National Clemency and Restitution Act" --are you listening Joe? Nancy? Chuck?
Fri Aug 7, 2020, 10:30 AM
Aug 2020

Review sentencing for disproportionality, by petition, while creating a national, searchable database by requiring all states to submit key info on all current and future incarcerated, e.g., number, race, violation, charge, sentence, etc.

Offer restitution to those wrongly convicted or unfairly sentenced--and get a firm handle on the racial dimension of this problem.

Create a national education and employment opportunity system for those unfairly convicted or sentenced.

Fair sentencing (and atoning for failed, racist "justice&quot is the least we should demand.

Someone--please do something to overcome this madness!

jaxexpat

(6,703 posts)
26. OR how 'bout a "buddy" system of three strikes incarceration?
Fri Aug 7, 2020, 11:57 AM
Aug 2020

ie: For every 3rd strike life sentence, a narcissistic jerk must serve life behind bars with them. It would improve our society and still provide that element of injustice which apparently 40% of the people can't seem to live without.

Fla Dem

(23,351 posts)
12. What a completel dispassionate and racist decision.
Fri Aug 7, 2020, 10:32 AM
Aug 2020

Biden could do a Presidential pardon once in office.

nuxvomica

(12,362 posts)
17. He had four priors, which Chief Justice Johnson addressed
Fri Aug 7, 2020, 10:48 AM
Aug 2020
https://www.npr.org/2020/08/05/899525589/louisiana-supreme-court-wont-review-life-sentence-for-man-who-stole-hedge-clippe

Bryant, who is Black, had four prior convictions. Only the first was violent: an attempted armed robbery in 1979, for which he was sentenced to 10 years hard labor. His subsequent convictions were for possession of stolen property in 1987, attempted forgery of a $150 check in 1989 and burglary of a house in 1992.

"Each of these crimes was an effort to steal something. Such petty theft is frequently driven by the ravages of poverty or addiction, and often both," Johnson wrote in her dissent. "It is cruel and unusual to impose a sentence of life in prison at hard labor for the criminal behavior which is most often caused by poverty or addiction.

nuxvomica

(12,362 posts)
20. Each conviction further prevented gainful employment too
Fri Aug 7, 2020, 11:19 AM
Aug 2020

Yet murderous Joe Arpaio got to run for office again.

BComplex

(7,982 posts)
19. I'd like to see a democratic governor of Louisiana pardon this man.
Fri Aug 7, 2020, 11:07 AM
Aug 2020

I wonder if we can put pressure where it is due?

llashram

(6,265 posts)
23. nothing new here
Fri Aug 7, 2020, 11:42 AM
Aug 2020

see Leenanau county official in Michigan OP and his mentality. North, south, east, west to these people a n***** is just a n***** deserving no better than the injustice done to this man. THIS IS AMERICA and always has been.

bonniebgood

(937 posts)
32. Obama could have pardon him. Joe Biden won't so don't count on it. there are 1000 of cases like
Fri Aug 7, 2020, 12:51 PM
Aug 2020

in the prison system. Remember Governor Don Seigleman of Alabama Case. No pardon from Obama and Joe .

 

Illumination

(2,458 posts)
27. Stealing hedge clippers? The treatment & abuse of this man is a crime in it's self!
Fri Aug 7, 2020, 12:09 PM
Aug 2020

Wikipedia states: "Trump has granted executive clemency to 25 individuals charged or convicted of federal criminal offenses" This is an absolute outrage!

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