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Why LWOP Is Not Enough, Again

Wow.  Colleen Long has this story for AP.  How many ways is this wrong?

NEW YORK (AP) -- Federal prosecutors say a bureau of prisons guard is pregnant after an affair with a man convicted in one of New York's most notorious police killings.

Nancy Gonzalez was arrested Tuesday at her home. She is charged with unlawful sexual abuse of an inmate while working at the Metropolitan Detention Center.

Authorities say the prisoner is Ronell Wilson.
Gonzalez was expected in Brooklyn federal court later Tuesday. It wasn't clear if she had an attorney.

Federal court papers say she had an affair with Wilson for a few months before she became pregnant in June.

Wilson was convicted in the 2006 point-blank shooting of two undercover officers. He was sentenced to death but it was overturned.

Let's count a few of them. 

1.  Wilson should have been prosecuted and sentenced to death by the State of New York.  He couldn't be, because of an outrageous act of judicial activism by that state's highest court.  The court found a procedural flaw in the state's death penalty law and then found it not severable from the rest of the law despite an express severability clause in the statute.

2.  So he was prosecuted in federal court.  The Second Circuit decision overturning his sentence is erroneous for the reasons describe in Judge Livingston's dissent.

3.  So now, in addition to living out a life he shouldn't, Wilson gets sex with a female prison guard.  If anyone needs confirmation of Robert Blecker's thesis that the people running prisons do not think it their job to see that the inmates are sufficiently punished, here it is.

4.  Finally, Ms. Gonzalez is being charged with an offense, as she should be, but the offense is framed as if murderer Wilson is the victim!

That's four.  Feel free to add more in the comments.


The piteous reason NY does not currently have a death penalty option--against the will of the voters--is due to Peo. v LaValle as follows:

"Stephen LaValle, who raped and murdered (stabbed 73 times with a screwdriver) high-school track coach Cynthia Quinn during her Sunday morning jog was
convicted by a lower court of murder in the first degree and of rape."

"In June 2004, the state's highest court ruled in People v. LaValle that the state's death penalty statute violated the state constitution…because of the statute's direction on how the jury was to be instructed in case of deadlock."--wikipedia

5. Who do you think is going to pay the bills for the kid's upbringing when his daddy, a murderer, is in prison, and his mommy, a lawless ex-prison guard, is ALSO in prison? RIGHT!!! You and I are.

6. Notwithstanding the mucho money we're going to shell out, what do you think the chances are that this kid is going to turn out to be a well educated, productive, contributing member of society, when (1) he has parents of that character, and (2) grows up on the public dole?

RIGHT AGAIN. No, it's not the kid's fault, and I hope and pray (for him and for us) that things turn out better than I think. But there is something really, really wrong with this picture.

The reasons why LaValle is wrong are described in more detail in CJLF's brief in People v. Taylor.

Does defense counsel-I'm betting a public defender at taxpayers' expense-have the temerity to ask for leniency so that the product of this illicit union does not grow up without a nurturing mother?

Perhaps Wilson's attorney will ask for a reduced sentence on similar grounds.....

So, under NY law is the defendant entitled to collect her defined benefit pension when she reaches retirement age? Or, by engaging in on-the-job criminal activity, does she lose her taxpayer-funded lifetime pension?

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