Mastro sentencing update

[Peter_Spaeth]

Originally Posted by travrosty

I didn't say they can't represent them or defend them, but to put in a good word for a human trafficker and hit the highlights on how great a human being they are, i mean, c'mon.

Yes, absolutely. It's Josh's job to put the best possible face on the defendant, not to do a half-ass job because he is repulsed by him. Judges (or juries if it's a death penalty case) can sort it out.

[travrosty]

Originally Posted by Peter_Spaeth

Yes, absolutely. It's Josh's job to put the best possible face on the defendant, not to do a half-ass job because he is repulsed by him. Judges (or juries if it's a death penalty case) can sort it out.

Hopefully they can and will sort it out, i never said it shouldnt be illegal to give a glowing testimony to a lowlife, but lying and calling them saints isnt necessarily doing the job right either. if the guy has no redeeming qualities at all and the lawyer says he is an upstanding citizen because it's his 'job' to do so, it's also a lie.

[Peter_Spaeth]

Originally Posted by travrosty

Hopefully they can and will sort it out, i never said it shouldnt be illegal to give a glowing testimony to a lowlife, but lying and calling them saints isnt necessarily doing the job right either. if the guy has no redeeming qualities at all and the lawyer says he is an upstanding citizen because it's his 'job' to do so, it's also a lie.

Is it a lie when people submit letters attesting to their redeeming qualities? No, it's an argument. Just as it is in this case, where various priests, heads of charities, and other community leaders wrote letters attesting to Bill's good deeds and personal attributes. We may see it as all self-serving and bs, but it's fair argument.

[travrosty]

Originally Posted by Peter_Spaeth

Is it a lie when people submit letters attesting to their redeeming qualities? No, it's an argument.

exactly, great lawyer talk. i agree, if you think this way, you got what it takes to be a lawyer.

[Kenny Cole]

Originally Posted by travrosty

exactly, great lawyer talk. i agree, if you think this way, you got what it takes to be a lawyer.

And if you ever get charged with a crime and get convicted, rightly or wrongly, you better hope that lawyer is doing his/her job.

[travrosty]

Originally Posted by Kenny Cole

And if you ever get charged with a crime and get convicted, rightly or wrongly, you better hope that lawyer is doing his/her job.

I think what judges need to do, especially in this case before Guzman, is to ask themselves the following question.

"if the defendant didn't get caught, would he still be participating in the illegal behavior to this day" i.e. not remorseful at all until caught?

if answer is yes, then full sentence.

[Kenny Cole]

Originally Posted by travrosty

I think what judges need to do, especially in this case before Guzman, is to ask themselves the following question.

"if the defendant didn't get caught, would he still be participating in the illegal behavior to this day" i.e. not remorseful at all until caught?

if answer is yes, then full sentence.

LOL, that is one, among many others that a judge will ask themselves. Here in Oklahoma where I live, they answer that yes on just about every drug offense, which is one of the things that is draining the state dry. Sometimes a little common sense is also important.

[vintagewhitesox]

I don't think any attorney would call these clients "saints." My only point is that everyone has a mother.
you can find at least one redeemable quality in just about everyone.

The judge will also consider risk of recidivism, and the need to protect the public from further harm. The truth of the matter is that Mastro is out of the hobby, will be barred from running, or working in auction houses, and will forever be branded a convicted felon. The risk of him doing this again is significantly diminished.

[calvindog]

Originally Posted by vintagewhitesox

The judge will also consider risk of recidivism, and the need to protect the public from further harm. The truth of the matter is that Mastro is out of the hobby, will be barred from running, or working in auction houses, and will forever be branded a convicted felon. The risk of him doing this again is significantly diminished.

Mastro is not out of the hobby -- he tried to buy a baseball card from me that I had listed on eBay -- and he is not barred from any industry, including the sportscard and memorabilia auction field. And being a convicted felon is almost a prerequisite to owning a sports auction house.

[Peter_Spaeth]

Originally Posted by calvindog

Mastro is not out of the hobby -- he tried to buy a baseball card from me that I had listed on eBay -- and he is not barred from any industry, including the sportscard and memorabilia auction field. And being a convicted felon is almost a prerequisite to owning a sports auction house.

I believe in his sentencing memorandum Mastro represents that he will not return to the field. Could the judge hold him to it and make that a condition of his sentence? I know in the securities industry it's fairly common to bar convicted defendants from further participation.

From my post 16 above. "Bill voluntarily left the industry he
loved, and will never work in it again."

[calvindog]

Originally Posted by Peter_Spaeth

I believe in his sentencing memorandum Mastro represents that he will not return to the field. Could the judge hold him to it and make that a condition of his sentence? I know in the securities industry it's fairly common to bar convicted defendants from further participation.

From my post 16 above. "Bill voluntarily left the industry he
loved, and will never work in it again."

To compare the securities industry and its layers of governmental oversight to the sports auction industry is like comparing the gross national product of Micronesia to that of the United States.

Claiming that he has "voluntarily" left the industry has no legal import. It means nothing. Has he requested an order from the Court which will prevent him from re-entering the industry? Has he asked that it be a condition of his supervised release or probation? No and no.

[ALR-bishop]

I had a good friend who hated lawyers and was always telling lawyer jokes. He called me one morning at 2am because his son had been arrested after an accident in which his girlfriend was killed and he was suspected of DUI. I was strictly a corporate lawyer but put him I touch with a guy like Josh. Guilty or not, it was his son and he wanted to do the best he could for him. I know a lot of good folks who don't think much of lawyers until they or someone they love needs one.

Do not know about anyone else, but in my 65 years I can not say I have never done anything that did not run afoul of some law and, that but for good luck or devine providence.. ..

[majordanby]

Originally Posted by vintagewhitesox

The judge will also consider risk of recidivism, and the need to protect the public from further harm. The truth of the matter is that Mastro is out of the hobby, will be barred from running, or working in auction houses, and will forever be branded a convicted felon. The risk of him doing this again is significantly diminished.

in terms of considering the need to protect the public from further harm, i would gather that the risk of not simply mastro doing it again, but anyone else doing it again, has some weight in the judge's evaluation.