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
Mr. Joseph, did you hear everything I just said to Mr.
MR. JOSEPH: Yes.
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.
MR. HURLEY: Yes, Your Honor.
THE COURT: -- you are requested to be in Judge Kennedy's
MR. HURLEY: Yes, Your Honor. Thank you.
THE COURT: Very well. The court will take a short
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
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.
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?
THE COURT: No
All right, call the next case, Mr. Clerk.
END OF TRANSCRIPT
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