Family Blasts Judge, DA for Heroin Dealer's 40-year Sentence Montrose NY DiMicheli

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[video=youtube_share;imj7IXzFFFg]http://youtu.be/imj7IXzFFFg[/video]


Montrose residents Virginia DeMicheli and Ceresa Gonzalez, mother and sister of heroin dealer Stefano DeMicheli, react to news that the 26-year-old was sentenced to 40 years in prison after he failed a drug treatment program.


LOHUD THE JOURNAL NEWS

Written by
Shawn Cohen


The mother of a street-level heroin dealer sentenced to 40 years in prison lashed out at the Putnam County judge and district attorney, saying they scapegoated her son for the suburban heroin epidemic by meting out a punishment harsher than many murderers get.


“It’s like they want a feather in their caps for winning the war on drugs,” Virginia DeMicheli of Montrose told The Journal News on Thursday, a week after her 26-year-old son, Stefano, was sentenced. “I don’t think he should go unpunished. But 40 years is unfathomable. Why not arrest and make an example out of a drug dealer at the top of the chain, or the suppliers? Why go after a small town young man, one without the means to defend himself?”


She cried as she added, “He’ll be 66 years old when he comes out. I’ll never see my son again outside of jail. I’ll be dead.”


District Attorney Adam Levy made a personal appearance in November to argue for the maximum sentence to hold Stefano DeMicheli accountable for failed drug tests, missed counseling sessions and other arrests while participating in a drug treatment program.


By failing out of the judicial diversion program, Stefano DeMicheli put himself in a position to get sentenced on the felony drug conviction that put him there.


He faced up to 12 years on each of four counts for a December 2011 arrest in which police found him with 35 bags of heroin and 19 bags of crack cocaine.


On sentencing day Jan. 30, Stefano DeMicheli’s legal aid lawyer Brian Carlin told the judge that “even a sentence of 12 years would be greater than any sentence ever given out in this court.”


Assistant District Attorney Sarah Crabtree countered that Stefano DeMicheli made a mockery of the program that allows some nonviolent offenders to pursue treatment instead of jail time.


“He was selling narcotics and part of a narcotics ring while a participant in treatment court,” she said.
“I did take the program seriously,” Stefano DeMicheli replied when given his chance to speak. “I never took it as a joke. This is my (life). I made a lot of mistakes. I was young, and I really regret everything that I’ve done.”


Judge James Reitz expressed his own regret that he accepted Stefano DeMicheli into the program, over the district attorney’s objections. He thanked God that the young man didn’t kill anyone before sentencing him to 10 years on each count to run consecutively.
“You had an arrogance about you that you can do anything you want at any time you want and get away with it,” the judge said.


The ruling came days after three young Westchester residents died of suspected heroin overdoses, including two from the Cortlandt area where Stefano DeMicheli grew up. Then on Sunday, the heroin scourge made national headlines after actor Philip Seymour Hoffman was found dead in his Manhattan apartment, a syringe sticking from his arm.


Seizing the spotlight Monday, the Putnam district attorney touted Stefano DiMicheli’s sentence in a press release through his public relations firm.


“We applaud Judge Reitz’s decision, and hope it serves as a deterrent to others who don’t take the program seriously,” Levy said.
At home in Montrose, however, Stefano DeMicheli’s mother and sister were reeling from a decision they said came as a complete surprise. They said they were never notified that there would be a sentencing Jan. 30.


The defense lawyer said during the hearing that he, too, didn’t know his client was to be sentenced that day. The prosecutor and judge, however, rejected his request for a postponement.


The family didn’t learn about the ruling until a couple days later.


“It’s overwhelming to me, shocking, unbelievable,” said Virginia DeMicheli, a nurse at Maria Fareri Children’s Hospital. “People who commit murder, rape and manslaughter are out walking the streets in a matter of years.”


Adele Bernhard, a professor at New York Law School who served on a national task force that researched drug courts, agreed that “it’s probably a pretty extreme sentence.”


“There’s nothing really to show he was some big-time dealer who was conspiring with the Cali cartel,” Bernhard said.


Stefano DeMicheli’s family describe him as a loyal, loving and family-oriented young man who’s made many bad decisions. They don’t deny that he peddled heroin or abused drugs, but note that he has not been connected to any heroin overdose deaths.


“They’re abusing their power to make an example of him,” said his sister, Ceresa Gonzalez, 32. “I resent the implication that his drug sales are directly linked to the deaths. There’s no way to know that, and it wasn’t ever part of the case.”


They also said he made a sincere effort in the drug treatment program.


But his problems went well beyond that. Prosecutors noted that by the time he entered the program in 2012, Stefano DeMicheli had already been charged with 38 offenses, including 29 felonies.


Then in March, Westchester County police and federal authorities arrested him at his family’s home and seized a loaded gun that, according to law enforcement sources, was believed to have been used in a drug-related shooting. The arrest was part of an investigation into crack and heroin sales in Peekskill.


On Wednesday, Stefano DeMicheli phoned his mother from the Westchester County jail.
“He’s devastated, he’s really scared,” Virginia DeMicheli said. “He said, ‘Mom, I need help. I know I’ve done things wrong, but I don’t deserve this.’ ”
 
Fucking sick...kiddie Diddlers murderers and violent criminals don't get that much time except maybe for serial killers. 26yrs old...I really hope there is an appeal in the works. His mother had a great quote about it being a feather in the cap. Ten years from now you think the asshats that put him there will still be wearing that feather? No they will have provably forgotten about him. Fuck that district attorney and judge with a brick to the face.
 
I sent emails on this and I encourage others to do the same. He made a mockery of the system so they get all offended and give him forty years. Grow up, the system not only deserves to be mocked, but scrapped. The judge needs to revisit this with a level head.
 
Is there a link to the article somewhere? I must have missed it. Or is it copied from the YouTube video's description?

4 decades is ludicrous.

Congrats to the scumbag DA and judge for taking away a very little fish's freedom for the rest of his life.

Could you not have fined him like you do with the pharmaceutical drug dealers after they were found responsible for the deaths of thousands of patients?

It would be high time for people to declare war on crooked politicians and bureaucrats. Zero tolerance. Mandatory minimums. Asset Forfeiture. Your lives should be completely ruined for once. See how you like it. I could imagine all of you crying like babies in the middle of night, locked up in some private prison - forced to work full time for less than a dollar a day (or sent to the SHU if you don't like it). Too bad - walk it off, because you're not ever going to get out. Sound fun?
 
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What do you expect when you have bible thumping lunatics in charge and a private prison system where success is measured not by the lack of inmates but by the prisons being full. Every prisoner is $$$

Sickening and Im so glad i do not live in Murica
 
I agree with everyone above.
40 years is cruel and unusual.
After all, 100 years ago, Bayer was selling heroin in pharmacies.
A victimless crime.
Rapists don't even get 20% of that.
And, no one should ever go to jail because of drugs, imo.

However, the guy makes it really hard to feel sorry for him, with his antics.
29 felonies? A gun that had been used on a human (presumably)?
Selling drugs while in rehab?
This guy may have needed some time in jail to cool off.
He would not have stopped until someone was dead.
He was totally out of control.
They were trying to let him get away with only rehab after 29 felonies??!!!
Holy moley, they were taking it really easy on him.

However, it is also true that the judge is playing power games.
Using someone's life.
All ego and no wisdom.
It really makes me mad.
 
It would be high time for people to declare war on crooked politicians and bureaucrats. Zero tolerance. Mandatory minimums. Asset Forfeiture. Your lives should be completely ruined for once. See how you like it. I could imagine all of you crying like babies in the middle of night, locked up in some private prison - forced to work full time for less than a dollar a day (or sent to the SHU if you don't like it). Too bad - walk it off, because you're not ever going to get out. Sound fun?

Individuals should start hiring private investigators (or use drones) on these public figures (judges, DAs, police commissioners and high-ranking city & state officials, police union reps & lobbyists) to see what skeletons they have lurking in their closet. Maybe when they realize they are not invincible or even fully law-abiding (which I guarantee, almost no one truly is) and therefore vulnerable to the same type of sub-human, barbaric, Draconian punishments, they may not view the poor as expendable cogs in the prison-industrial complex.
 
So they ruin one mans life by sticking him in jail for a nonviolent crime to deter others from abusing a program......a complete joke & if others want to abuse a drug or the program, they will........

So the moral of the story is, you can rape someone, murder someone, etc.....& you will get less than half of what this man received for a nonviolent crime.......oh how f***ed up our judges & politicians are.
 
^ There is no need to focus on the tiny details here. The big picture is clear enough:

The maximum prison sentence for selling slaves as a first time offender is 20 years.
The maximum prison sentence for helping al-Qaeda develop a nuclear weapon is 20 years.
The maximum prison sentence for knowingly and purposefully giving someone AIDS is 10 years.
source

There is a quiz here about average time served for various violent crimes that might surprise some. The average time served for all violent crimes is 43 months.

But most people who commit felonies don't even end up in prison.
source
 
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I am focusing just fine.

Drug possession maximum is 1 year (first).
Child porn possession maximum is 10 years (first).
 
possession turns into possession with intent to distribute really quickly. Also the user or addict then enters the system. Real easy to get totally fucked in there.

Why should anyone go to jail for drugs?
 
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Assistant District Attorney Sarah Crabtree countered that Stefano DeMicheli made a mockery of the program that allows some nonviolent offenders to pursue treatment instead of jail time.

[...]

“You had an arrogance about you that you can do anything you want at any time you want and get away with it,” the judge said.

Pride has no part in a sentencing hearing.
 
We the participants and promoters of the drug war will redeem our utterly failed selves by taking this mans whole life away.. There we are redeemed.

What a bunch of insanity.

Watch how tuff on crime we are, we will lock this one person away for forty years.. meanwhile the drugs are still everywhere, and the violence we create is also still there. Don't forget to vote with US.. we will keep playing this game as long as you dimwits keep falling for it.

NSFW:
ass_clown_text_medium.jpg
 
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Street Level Heroin Dealer Sentenced To 40 Years In Prison

^Here is an earlier thread about this.

Ninth District Administration
111 Dr. Martin Luther King Jr. Blvd. - 11th floor
White Plains, NY 10601
Phone: 914-824-5100
Fax: 914-995-4111

Email: [email protected]

Contact Putnam County Office of the District Attorney

40 Gleneida Avenue,
Carmel, NY 10512
(845) 808-1050
[email protected]

gan-trainer-charged-rape-032413-4_3.jpg

Please consider sending a nicely composed respectful email over to the stooges at the 9th asking them to reconsider.
 
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