Favorable treatment by Judges had already reduced McDonnell's sentence to 2 years less about 3 months for good behavior but more special treatment now has allowed Bob to remain free while his case is on appeal. Crime pays and it pays well if you're big enough for the political system to look out for you and without doubr former Governor Bob McDonnell is big enough. So far the Federal Judges in the legal system have extended Bob every courtesy except to apologize to him for infringing on his time.
Here is a man who couldn't afford to pay for his daughter's wedding and somehow he has laid hands on millions of dollars for his extensive legal defense. Something stinks to high heaven in republican circles in Richmond.
McDonnell was scheduled to serve his time in a minimum security satellite camp, FCI Petersburg, where 309 inmates live. But it now looks like Bob will walk and may even return to elected office if his friends and supporters have anything to do with it. According to the prison’s 58-page orientation handbook, inmates are required to wear a green shirt and pants during the day, they can only have visitors on certain days, and they are required to work for the prison, doing jobs like cooking food or mowing grass. Inmates there are also allowed to play a variety of sports, like tennis and basketball, and participate in activities like painting and crochet.
The Federal Correctional Institution (FCI), Petersburg Medium is a medium-security United States federal prison for male inmates in Virginia. It is part of the Petersburg Federal Correctional Complex (FCC Petersburg) and is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice.
FCC Petersburg is located in Prince George County, 25 miles southeast of Richmond, the state capital. It lies just west of Hopewell, Virginia.
Background: FCI Petersburg Medium was opened in 2002. FCI Petersburg Medium is a Sex Offender Management Program (SOMP) prison. As such, around 40 percent of the compound is incarcerated for sexual offenses. Because of this, FCI Petersburg Medium tends to be an easier prison. It is part of the Petersburg Federal Correctional Complex (FCC).
Housing Configuration: Inmates at FCI Petersburg Medium are housed in either four-man, three-man, or two man cells. This is depending upon seniority and initial housing assignment.
Admission and Orientation: During the first 28 days of arrival at FCI Petersburg Medium each inmate will attend an Admission and Orientation program. During this program, staff from various departments will inform inmates of policies and procedures concerning specific programs and
services at FCI Petersburg Medium.
Health Services: Inmates desiring medical attention are required to complete a Triage Form (also known as a "Sick Call"). This medical form is available from any housing unit officer and, once completed, is to be deposited into the Triage Form box located outside of medical. These forms are collected between 7:00 AM and 7:30 AM Monday through Friday. Once the Triage Forms are collected, they are routed to the inmate's assigned Mid-Level Practitioner and the MLP places the inmate on call-out to be evaluated. Inmates are seen by their MLP for triage on Monday, Tuesday, Thursday, and Friday. Wednesdays are reserved for Admission and Orientation examinations.
While inmates at FCI Petersburg Medium can purchase over-the-counter medications from the commissary, if they are indigent, they can complete an Indigent OTC form, turn it in on Wednesday morning at the 7:00 AM pill line, and collect OTC medications at the Wednesday 11:30 AM pill line.
Other pill line/insulin line times for FCI Petersburg Medium are 6:30-7:00 AM (insulin line), 7:00-7:30 AM (pill line), 11:30-12:30 PM (pill line), announcement after the 4:00 count (insulin line), and 7:30-8:00 PM (pill line). On weekends and holidays pill line times remain constant, but the morning insulin line time changes to 7:30 AM.
Medical emergencies will be determined by the medical staff, but are not limited to "loss of life or limb" situations. Inmates who become ill during the work day, weekends, or after normal Sick Call hours should report to their unit officer or their work supervisor. Staff will notify medical personnel about the inmate's condition. Medical personnel will then make a call as to if the inmate should be personally evaluated or if the inmate will be directed to submit a paper Triage Form for later consideration.
Dental Services: FCI Petersburg Medium allows inmates to sign up for dental sick call by submitting either an electronic request to staff or by submitted a paper cop-out to the Dental Department. If the dental issue is of an emergency nature, the inmate can go to the 6:30-6:45 emergency dental sick call signup. This sick call is held on Monday, Tuesday, Thursday, and Friday for the first 10 inmates and is only for dental emergencies. For non-emergency dental care (including when an inmate goes to the emergency dental sick call signup and the concern is deemed to not be an emergency) the inmate will be placed on the call-out list for their appointment. Inmates at FCI Petersburg Medium usually wait
somewhere between 5 and 12 months to be seen by dental personnel once they submit their request.
Psychology Services: FCI Petersburg Medium's Psychology Department offers a number of self-improvement courses and programs. These include anger management, stress management, Smart Recovery, Alcoholics Anonymous (AA), Narcotics Anonymous (NA), Young Men's group, and the Drug Education Class (40 hour). The Psychology Department also offers the Non-Residential Drug Abuse Program (NR-RDAP) and the Non-Residential Sex Offender Treatment Program (NR-SOTP).
Residential Drug Abuse Program: FCI Petersburg Medium houses a Residential Drug Abuse Program (RDAP). This RDAP location houses 143 beds. The RDAP program consists of nine months of intensive treatment, for inmates who meet the diagnostic criteria for substance abuse or dependence. The program follows a modified therapeutic community model which seeks cooperation and self-disclosure from "community members." Selection of participants is based on projected release date. Inmates interested in participating are interviewed about 36 months from their projected release date. Inmates who complete the RDAP program are eligible for a maximum Residential Reentry Center (halfway house) time recommendation, and, if their crime doesn't preclude them from qualifying, up to 1 year off their sentence.
Education Services: FCI Petersburg Medium offers GED classes, English-as-a-Second Language (ESL) courses, Adult Continuing Education (ACE) courses, parenting courses, and college correspondence courses (which the inmate pays for on their own).
Advanced Occupational Education: FCI Petersburg Medium does not offer any advanced occupational education programs.
Vocational Training: FCI Petersburg Medium offers Basic Carpentry, Cabinet Making, Computer Aided Design, Masonry, and Machine Shop vocational training. All programs are accredited by the State Board of Vocational Education of Virginia, require students to possess a GED or high school diploma, and award a certificate from the State Board of Vocational Education of Virginia upon program completion.
Apprenticeship: FCI Petersburg Medium offers Carpentry, HVAC, and Electrical Maintenance apprenticeship programs. All apprenticeship programs are accredited by the U.S. Department of Labor and Bureau of Apprenticeship, last 48 months, require students to possess a GED or high school diploma prior to enrollment, and issue a certificate from the U.S. Department of Labor upon program completion.
Library Services: FCI Petersburg Medium has a general library including a variety of magazines, newspapers, reference materials, and fiction and non-fiction books. The Education Department also allows inmates to watch approved DVD's (these to include education and Hollywood titles).
Law Library Services: FCI Petersburg Medium houses a number of Electronic Law Library computers, 10 typewriters (which inmates must furnish supplies for), and a copier in the Education Department.
Religious Services: Amongst offering a number of religious services and programs, the FCI Petersburg Medium chapel also houses the Life Connections/Thresholds programs. This is a 9 month program which essentially includes seminars on a plethora of different faiths and some of their life skills teachings.
UNICOR: FCI Petersburg Medium houses a UNICOR facility which receives, sorts, and repackages at least 48 types of clothes hangers for private vendors (e.g., Target, Dicks Sporting Goods, etc.). All UNICOR facilities in Petersburg, VA employ a total of 442 incarcerated UNICOR workers.
Commissary: Inmates at FCI Petersburg Medium can shop in the institution's commissary once a week (the day depends on their inmate number) and are allowed to spend $320 per month (a BOP-wide limit). This does not count against the purchase of over-the-counter medications, stamps, copy cards, or other spending limit-exempt items.
Controlled Movement: FCI Petersburg Medium regulates movement throughout the institution by a procedure called controlled movement. Controlled movements will begin generally 5 minutes before the hour and end at 5 minutes after the hour. They are announced over the institution's public address system. During these ten minutes periods of controlled movement, inmates may move from one area of the prison to another.
Recreation Services: FCI Petersburg Medium houses outdoor and indoor recreation areas. The outdoor area (the "yard") houses various sports fields (i.e., softball, soccer, and football), several basketball and handball courts, a tennis court and a volleyball court, bocce and horseshoe
areas, and a track. Inmates play individual, organized, and non-organized sports on these fields. Every year there are soccer, volleyball, softball, basketball, flag football, street hockey, and ultimate Frisbee leagues.
The indoor recreation area houses various elliptical machines, rowing machines, and treadmills. It also houses several tables for playing cards, a leather craft area, a painting room, and a pool table area. Inmates can check out sports equipment from the equipment issue room. This sports equipment includes jump ropes, medicine balls, Frisbees, basketballs, footballs, soccer balls, and more.
Visitation Information: FCI Petersburg Medium allows visits on Thursday, Friday, and Monday from the hours of 5:00 PM to 9:00 PM. Visitation is also allowed on Saturday, Sunday, and federal holidays from the hours of 8:00 AM to 3:00 PM. Due to the number of inmates at FCI Petersburg
Medium, inmate are only allowed to visit on one day per weekend. The exact visiting day (Saturday or Sunday) will be determined by the fifth digit of their register number and whether it is an odd or even number. Inmates are issued calendars which show them which days they are allowed receive visits.
Each inmate receives 10 visitation points each month. Points are charged as follows: weekday visits are one point each; weekends and holidays are three points each. No more than 6 points can be used on weekends in any given month. Unused points are cancelled at the end of the month.
Any part of a day shall count as a whole day/point. The number of approved visitors permitted to visit an inmate at any one time will be limited to six. Children under two years of age, who do not require a seat, will not be counted against the six visitor rule.
Only approved visitors are allowed to visit inmates at FCI Petersburg Medium. Generally speaking, immediate family (which is stated in the inmate's Pre-Sentence Investigation report) is automatically approved. Others who desire to visit must submit a visitation application to the inmate's unit team. Outside of immediate family, a total of 10 additional visitors can be placed on an inmate's visitation list.
Inmates housed in the FCI Petersburg Medium Special Housing Unit are allowed to visit on the same days as those in general population.
All visitors must present photo identification when visiting. Proper identification includes a valid state driver's license or state identification card.
An inmate at FCI Petersburg blogged “There is not even a fence here. It`s almost like home except you can`t see family and friends. It`s ridiculous,” “We had a 4th of July cookout after all this and ate bacon cheeseburgers, watermelon, corn, and had red velvet ice cream after,”.
Is this Club Fed or what? These convicts are living better than half the working stiffs in Virginia. What can we do to make things easier for Bob McDonnell?
McDonnell Juror Speaks Out ahead of former governor’s sentencing
A juror who convicted Bob McDonnell on 11 corruption charges is speaking out before the former governor is sentenced in federal court.
“I feel bad for the guy,” McDonnell Juror Robin Trujillo said.
However, while Trujillo said she “feels” for McDonnell, she does not regret her verdict.
“He broke the trust of the people. He committed a crime,” Trujillo said.
While McDonnell will be sentenced on Tuesday, his wife Maureen, who was also convicted, will be sentenced in February.
Prosecutors have endorsed a sentence of at least 10 years behind bars with Bob McDonnell’s attorneys suggesting no jail time and instead 6,000 hours of community service.
Trujillo said she just hates “that [the sentence] is so long” and recommends anywhere between five and ten years behind bars. She had no ideas that the Judge would reduce it to two years.
“Unfortunately there are repercussions,” Trujillo said.
Trujillo revealed that the jury still discusses the case on Facebook with one another.
“We are all kinda wondering what’s going to happen on the sixth,” Trujillo said.
Trujillo also broke down some of the key moments of trial, including the moment when, as she put it, Bob McDonnell’s attorneys threw the former first lady “under the bus.”
“All of us kinda thought Mrs. McDonnell did not get very good representation,” Trujillo said. “It almost seemed like they were trying to prosecute her more than the prosecution was.”
Trujillo said the key moment for her was not the testimony of a witness or the closing argument by the government, but the moment in which she
held the designer dresses and the Rolex watch in her hand for the very first time. All of those are gifts McDonnell received from businessman Jonnie Williams.
“I looked at it, and especially in the jury room, we were able to handle all of the gifts and we were just like, ‘Wow,'” Trujillo said.
Since the conviction, Trujillo said jurors have read the letters in the media from McDonnell supporters, as well as the report that suggested
Judge James Spencer may have been biased since McDonnell voted against Spencer’s wife to become a state judge.
However, Trujillo said all she witnessed was fairness by the judge, something she expects he will deliver once again Tuesday.
“He was very, very fair,” Trujillo reiterated.
Former Virginia governor Bob McDonnell will remain out of prison while his appeal is heard by a federal appeals court.
On Monday, The 4th Circuit Court of Appeals in Richmond, said McDonnell is not likely to flee or pose a danger to the safety of the community.
The court also stated that the appeal raises a substantial question of law or fact that could warrant a reversal or new trial.
Federal Judge James Spencer denied McDonnell’s request to remain free earlier this month, and ordered McDonnell to report to prison on February 9th.
McDonnell released a statement in response to Monday’s ruling:
“I am grateful for today’s ruling by the U.S. Court of Appeals for the Fourth Circuit allowing me to remain free on bond pending my appeal. I plan to spend time with my new granddaughter who was born this month, attend my sons’ graduation ceremonies, and embrace family time with my
daughters. I want to thank my family, friends and legal team for their tireless support and unwavering belief in my innocence. At this time our family requests privacy.”
The former governor and his wife, Maureen, were convicted on multiple corruption charges stemming from their relationship with businessman Jonnie Williams. Prosecutors accused the couple of lending the prestige of the governor’s office in exchange for lavish gifts and loans from Williams, a dietary supplement executive.
The McDonnell’s attorneys have long argued that the couple never broke the law because the governor never performed any official acts that
benefitted Williams.
Legal scholars say McDonnell’s case could set a legal precedent.
“I wouldn’t be surprised at all if this goes up to the Supreme Court,” said University of Richmond Law Professor Henry Chambers. “There’s still a
fair amount of discussion about what qualifies as an official act.”
Chambers believes Judge Spencer’s decision to sentence McDonnell to two years in prison, far below the recommended sentencing guidelines of 10 to 12 years, is telling.
“The fact that Judge Spencer only gave him two (years) suggests to me that he really doesn’t believe in the case as much as he says he believes
in the case,” said Chambers.
The appellate court will hear McDonnell’s case on May 12.
Maureen McDonnell is scheduled to be sentenced by Judge Spencer on Feb. 20.
McDonnell's Spiritual Advisor Speaks Out
Va –For the first time, the pastor, friend and close confidant of former Governor Bob McDonnell and his wife, Maureen, is speaking out about the difficult months following the conviction of the former first couple.
Father Wayne Ball says the McDonnell’s have remained deeply grounded in their faith as they await their sentencing in the new year.
“The waiting has been difficult,” Father Ball said. “The day of the verdict, I can say without a doubt, it was the worst day I’ve experienced… sitting in the courtroom with the five children and every time the word guilty was said, it was striking the children, the grief just became more
and more profound.”
In September, a jury convicted Bob McDonnell on 11 of 13 felony counts. Maureen McDonnell was found guilty on nine of 13 counts. Prosecutors
alleged that both McDonnell’s lent the prestige of the governor’s office to wealthy businessman, Jonnie Williams Sr., in exchange for lavish
gifts and loans.
But on Monday, Judge James Spencer tossed out the obstruction of justice conviction for Maureen McDonnell, saying “obstruction of justice
requires more than a misleading note.”
The obstruction charge stemmed from a note McDonnell wrote Williams at the beginning of the criminal investigation. Prosecutors said the former first lady was trying to cover up expensive clothing given to her by Williams, by implying that she had just borrowed them. McDonnell’s lawyers claim that Maureen McDonnell had intended to return the clothing long before she was interviewed by investigators.
Father Ball believes the judge’s decision is a “sign of hope” for the McDonnell’s, who pray their convictions will be overturned on appeal. Ball
says the judge’s ruling symbolically comes on the first week of advent.
“I said, that’s it! That’s the candle. That one light, that’s the beginning… the first ray of light in the darkness,” Ball said.
Legal experts believe attorneys for the McDonnell’s will focus on the term “official acts” in the appeals process. Attorneys say evidence and testimony never showed that the governor performed any official act that benefited Williams.
The outcome of the appeal’s process could set a
precedent in corruption trials for years to come since Judge Spencer’s definition of “official acts” was broad.
Each conviction carries a maximum sentence of 20 years, but legal experts say it’s unlikely either McDonnell will serve decades in prison.
Father Ball says the former governor and his family are sustained by the overwhelming support of friends, family and even strangers, some who
stop the former governor in public to talk.
In the media chaos that followed the Sept. 4 verdict, Ball says he remembers hearing a female voice calling out to the governor as they got into
their car.
“She yelled, ‘Keep the faith!’ You have to hold onto those moments,” Ball remembers telling the governor.
Father Ball says the McDonnell children continue to be a constant source of strength for their parents. The McDonnell’s oldest daugher, Jeanine, is expecting her first child in January, just days after her father’s sentencing.
“They refuse to lose hope,” Ball says. “They absolutely refuse to give up hope that in the end, their parents will come out exonerated.”
A federal appeals court has approved former Virginia Gov. Bob McDonnell's request to remain free while he appeals his corruption convictions.
Attorneys for McDonnell asked the court to allow the former governor to remain out of prison because his appeal raises substantial questions of
law which could warrant a reversal, dismissal or a new trial.
The court further finds that the appeal is not for the purpose of delay and raises a substantial question of law or fact that, 'if decided in
favor of the accused' is 'important enough' to warrant reversal or a new trial," the court wrote in its order.
McDonnell made the same request of Senior District Judge James R. Spencer, who oversaw his trial. Spencer denied McDonnell's request and ordered he report to prison on February 9.
Federal prosecutors had also opposed McDonnell's request for bond pending appeal.
The two-page order from the 4th Circuit Court of Appeals says McDonnell is to remain free on his own recognizance and must abide by the same
rules that were imposed by the trial court.
In making its ruling, though, the court ordered an expedited schedule for filing briefs and hearing an argument in the case. Briefs are due by March 2 and a hearing is set for May 12 in Richmond. The court said the hearing date cannot be moved back.
McDonnell's request to stay out of prison was also supported by three separate amicus briefs filed by outside organizations. One brief was filed by six former Virginia Attorneys General, another by the National Association of Criminal Defense Lawyers and a third by two law professors.
A jury last year found McDonnell and his wife, Maureen, guilty of taking gifts and loans from a vitamin executive in exchange for promoting his
products.
Maureen McDonnell is scheduled to be sentenced by Spencer in district court on February 20.
FILED: January 26, 2015
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 15-4019
(3:14-cr-00012-JRS-1)
___________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. ROBERT F. MCDONNELL Defendant - Appellant and ANTHONY FRANCIS TROY; MARY
SUE TERRY; STEPHEN DOUGLAS ROSENTHAL; ANDREW P. MILLER; J. MARSHALL COLEMAN; MARK L. EARLEY; NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS;
NANCY GERTNER, Law Professor; CHARLES J. OGLETREE, JR., Law Professor; Amici Supporting Appellant
___________________ O R D E R ___________________
Upon consideration of the submissions relative to appellant's motion for release pending appeal pursuant to 18 U.S.C. § 3143(b), the court finds,
by clear and convincing evidence, that appellant is not likely to flee or pose a danger to the safety of any other person or the community if released. The court further finds that the appeal is not for the purpose of delay and raises a substantial question of law or fact that, “if decided in favor of the accused” is “important enough” to warrant reversal or a new trial. United States v. Steinhorn, 927 F.2d 195, 196 (4th Cir. 1991) (per curiam).
The court grants appellant's motion and releases appellant on his own recognizance pending appeal, subject to the same conditions imposed by the district court for release pending trial.
The court will hear this case on the following expedited schedule: Opening Brief and Joint Appendix: Due March 2, 2015 Response Brief: Due March 26, 2015 Reply Brief, if any: Due April 8, 2015 Oral Argument will be held on May 12, 2015, in Richmond, Virginia, and is not subject to continuance.
For the Court /s/ Patricia S. Connor, Clerk
Appeal: 15-4019 Doc: 39 Filed: 01/26/2015
Amherst County Virginia Democratic News
ACVDN
Amherst Democratic News
No comments:
Post a Comment