THE COURT:Ms. Thomas, the court has considered the relevant facts and the material facts with respect to your case, the material at sentencing, and has determined that, largely for the same reasons that the court announced a moment ago with respect to your husband, that unsupervised probation and community service will not do any good insofar as you personally are concerned. It may do some good insofar as


others are concerned to prevent them from violating the law, and so solely for the purposes of deterrence to others against violating the law, as the court has unfortunately been required to find that you have done in this case, will sentence you to the custody of the Attorney General of the United States or his authorized representative for a period of 50 days, and you will be required to pay a $25 special assessment to the United States Department of Justice.

Now, Mr. Semple, like the others, I have considered your case. You are a young man. You're old enough, however to know better than to violate the law, and regardless of your motivation, you do stand before the court this morning guilty of having violated the laws of the United States; and based on all the undisputed facts material to sentencing this morning, and the basis for its obligation as a deterrence to others against committing the same or similar offenses in the future that you be incarcerated, and, therefore, it is the judgment and sentence of the court that you be sentenced to the custody of the Attorney General of the United States or his authorized representative for a period of 50 days and fined $25 in the form of a special assessment, as required by Law.

Mr. Joseph, did you hear everything I just said to Mr. Semple?




THE COURT: The court will articulate and send you to jail for the same period and for the same reasons as I just indicated, and, hopefully, it will be a deterrent to others if not to you.

That is the judgment and the sentence of the court. Mr. Hurley --

MR. HURLEY: Yes, Your Honor.

THE COURT: -- you are requested to be in Judge Kennedy's court.

MR. HURLEY: Yes, Your Honor. Thank you.

THE COURT: Very well. The court will take a short recess.


THE COURT: Mr. Thomas, Mrs. Thomas, Mr. Joseph, Mr. Semple, the court has a duty and I failed to perform it; namely, to advise each of you that you have ten days within which to note an appeal, if you object to the sentence imposed by the court this morning. I have to tell you that.

MR. THOMAS: Thank you.

THE COURT: And good luck to you all.

MR. THOMAS: Just for the record, could I make a motion to have the imposition of sentence stayed, pending the appeal?

THE COURT: Mr. Thomas, I anticipated that that might


be the case, and I've given it some thought, and as a result thereof, I'm going to deny it.

I will say this: The sentence of imprisonment which I have imposed on each of you this morning, as I said before, is not because I think the sentence will do any good to deter you from violating the park regulations in the future, but hopefully it will be a deterrence to others against engaging in the same conduct.

And so, therefore, the request will be denied, because the court has carefully considered the facts with respect to each of your cases, and, as you know, has found you guilty, and has determined, based on all the material facts and the record herein, that you are guilty, and that all matters relating to sentencing based on that and those things, there is no question but what the sentence of incarceration is justified and called for under the laws, as I understand them. I have no choice.

Thank you.

MR. THOMAS: Thank you

A SPECTATOR: Well, it's not going to deter me, Your Honor. I'll be out there every single day before they get out. You just wait and see.

THE MARSHAL: Do you want me to bring her Back into the court, Your Honor?



All right, call the next case, Mr. Clerk.


I hereby certify that the foregoing is a true and accurate copy of my stenographic notes.

____ (signed) ______Dec. 15 1988
Frank J. Rangus, OCR
District of Columbia


Case Listing --- Proposition One ---- Peace Park