Episode 16 "Wenatchee Sex Ring Case - The Aftermath & Eagle Scouts"

Episode 16 explains how and why criminal defendants plead guilty to crimes they say they didn't commit and Judge Small shares how he tried not to become jaded during his almost 27 years on the bench. In True Justice, Arturo and Lupe video call and Arnie gets played by Katherine at the tennis club.

Transcript

SPEAKER_01 0:05

The Smoke and Gavel Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rhodes. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:23

Judge, today you will share with our listeners how someone can plead guilty to something they didn't do. You will also tell us what some of the consequences were that resulted from the prosecution of Linda Miller, and we will continue the story of true justice. In our last episode, you said Linda Miller ultimately pled guilty to three counts of communicating with a minor for immoral purposes. But now you're saying people may plead guilty to crimes they didn't commit? How is that possible?

SPEAKER_01 0:50

In North Carolina versus Alford, the defendant on appeal claimed he was innocent and was coerced into pleading guilty to second-degree murder. However, the United States Supreme Court ruled that even though Alford denied that he had committed the crime, he pled guilty because he wanted to avoid a possible death sentence and limit the penalty to the 30-year maximum provided for second-degree murder. In other words, when a defendant knowingly pleads guilty to avoid a potentially higher sentence, and there is strong evidence that he actually committed the crime, then it's not coercion, and the court may accept his guilty plea.

SPEAKER_00 1:31

Okay, but how is that relevant to Linda Miller's case?

SPEAKER_01 1:35

Technically it's not, but it did change how I accepted guilty pleas in all the child sex abuse cases assigned to me after the so-called Winatchie sex rink cases.

SPEAKER_00 1:47

How so?

SPEAKER_01 1:48

Prior to these cases, many defendants pled guilty to charges they claimed they didn't commit. We call them Alfred pleas of guilt. At those times I simply made sure they knew what they were doing and why they were doing it. I would review the affidavit of probable cause and or police reports to determine if there was strong evidence of their guilt, and then accept their Alfred pleas. But after the so-called sex ring cases, when many of the defendants later recanted their confessions and admissions to committing these offenses, I decided not to accept Alfred pleas in child sex abuse cases. Instead, if a defendant wanted to plead guilty to a lesser charge or to obtain a lesser sentence recommendation from the prosecutor in a child sex abuse case, then they would have to admit they committed the crime and describe in their own words what they actually did. I would then follow up with questions about whether they were lying to me in an effort to prevent them from later trying to withdraw their guilty plea.

SPEAKER_00 2:52

What other consequences resulted after these cases were done?

SPEAKER_01 2:57

A good consequence for me personally was that the state's attorney in the county of the Linda Miller case prevented me from hearing any child sex abuse cases for more than two and a half years.

SPEAKER_00 3:10

Oh, well, and how can you do that?

SPEAKER_01 3:12

Well, in our state, before a judge hears a case, any party can file what is called an affidavit of prejudice that automatically prevents the judge from hearing the case. Each party is only allowed to file one affidavit per case. In my experience, after Ms. Miller's trial, I was affidavited by the prosecutor in every child's sex abuse case for a little over two and a half years.

SPEAKER_00 3:37

Okay. Well, why do you feel that's a good thing?

SPEAKER_01 3:42

Obviously, because child sex abuse cases are easily the most difficult cases for a judge to handle emotionally. Every time you hear these cases, it takes away a piece of your humanity. To see what people do to the children, often their own children, simply robs you of some of your humanity. And if you don't do something about it, then you will become jaded and unfeeling. However, to be a good judge, at times you must be able to put yourself in the shoes of the victim, especially at sentencing, to impose a just sentence. I had cases where I actually had to recess before deciding a sentence so I could compose myself after hearing what had happened to the victim as a result of the defendant's behavior.

SPEAKER_00 4:29

So they basically figured out that you're never going to go easy on these guys, you're never going to put yourself in their shoes. Which I feel like most people are that way, right?

SPEAKER_01 4:40

Well, it was more the prosecutor in the hard time I gave him on the 50-50 calls in in her trial. They they wanted an easier way of convicting.

SPEAKER_00 4:52

Well, on that note, it is time for a recess. The Smoke and Gavel Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author-friendly. Listeners of our show can receive 10% off any publishing package with Gatekeeper Press just by mentioning discount code ChIPSMAL when requesting a quote or during your free consultation at gatekeeperpress.com. So, Judge, what did you do to keep from becoming jaded?

SPEAKER_01 5:30

First, I'm blessed with the ability, for the most part, to control my emotions. I remember even when I was a child, I was home with my much older sister when she answered the phone and was told my father had passed out at a wedding reception he attended shortly after he had undergone major surgery. The caller needed to know what pain medication my father was taking in order to treat him. My sister freaked out, dropped the phone, and was screaming something about my dad. I picked up the phone, spoke to the person, went to the medicine chest, told him what medicine he was taking, and hung up the phone. Second, I forced myself out into the community.

SPEAKER_00 6:09

What do you mean by force yourself?

SPEAKER_01 6:12

Well, being a judge is really a lonely job. The vast majority of your time spent with lawyers is in court. No longer may you socialize with them like you did when you were a lawyer. The code of judicial conduct prohibits that. Plus, what you see every day from the bench oftentimes is the worst of society. Those are the experiences that rob you of part of your humanity. As a result, many judges tend to isolate themselves. Little by little they become accustomed to people dehumanizing others, and little by little they lose bits of their own humanity. Because I became a judge at a young age, I knew I was in it for the long haul. It wasn't going to be a sprint. Hopefully, with the voters' approval, it was going to be a long distance cross-country run. So I was determined not to let myself become jaded or calloused. So I forced myself to attend community events and meetings. I remained active in rotary and my church. I frequently socialized with my non-attorney friends. One time in particular, early in my career, I remember attending a friend's son's Eagle Scout initiation ceremony. I had only been on the bench about one year, but had seen enough of the dark side of our community that I yearned to see something wholesome. While I had been a Cub Scout Den leader, my son never became a Boy Scout, let alone an Eagle Scout. Probably says something about what kind of Den leader I was.

SPEAKER_00 7:42

No, no, no, hold on. I was a Den mother, and my son did not also become anything other than he he he stopped at Cub Scout. He did about three, four years. We went up to Scout A Vista, so Well, I'm proud of you. And I'm proud of you too.

SPEAKER_01 7:56

So I had a hard time getting through those Den mother meetings. Um anyway, so I really didn't know what to expect. I found myself with my wife in the basement of a church observing the ceremony. As I looked around the room, I saw many parents, grandparents, aunts and uncles, and other family members and friends of the Eagle Scout candidates watching the ceremony. Their faces all had a warm, loving glow. Suddenly I burst into tears, tears of joy. Me, the guy who usually can control his emotions. I couldn't stop crying. After that event, my whole being was restored. I knew that if I was going to be the judge I wanted to be, I had to keep attending these types of events and socialize whenever I could to restore that part of the humanity I lost each day when I was at work.

SPEAKER_00 8:44

You know, I think a lot of the us can relate to that, probably not the extent that you went through, but if people can find a way to get out in the community and do more, be active, service clubs, not always try to get a sense of what's in it for me, but what's in it for us. That there's some real fulfillment in that. And I think that's a big reason why I've been so drawn to you personally. I mean, I'm in the same rotary club that you used to be in. You're gonna be speaking at ours here soon anyway.

SPEAKER_01 9:13

So I'm looking forward to it. So let's continue reading my novel True Justice. Chapter 14. Sitting by the video screen in the day room of his housing unit, Azul anxiously waits for the call from Lupe. With the help of Ms. Sampson, Lupe was able to schedule a telephonic video visit for the weekend following Arturo's first appearance. She is in her bedroom with the door closed. Her mother doesn't know about the call. Mikarita, Arturo exclaims as he sees Lupe's face on the screen. Arturo she cries. He reaches out to the screen with his hand. Lupe does the same. Tamo, he tells Lupe.

SPEAKER_00 10:00

I love you too, Arturo. But they say you killed him.

SPEAKER_01 10:04

It was an accident. Like I told you. You know me. I would never do that.

SPEAKER_00 10:09

Then why did you run?

SPEAKER_01 10:11

They would never believe me. But you believe me, don't you?

SPEAKER_00 10:15

I guess so. I love you so much.

SPEAKER_01 10:18

She begins to cry.

SPEAKER_00 10:19

I thought we were going to get married right after your graduation.

SPEAKER_01 10:23

Lupe holds up her hand, showing him she is wearing the engagement ring he gave her. Arturo begins to weep too. How could things so good become so bad? Through her tears.

SPEAKER_00 10:37

Miyamor, no te preocupes, do not worry. I am praying for you.

SPEAKER_01 10:43

Lupe holds up a rosary in her other hand, tears still streaming down his face. I'm going to need more than your prayers, Carita, he says softly.

SPEAKER_00 10:53

Miss Samson seems like a good lawyer. She will help you too.

SPEAKER_01 10:57

Before Arturo can respond, the timer on screen counts down to zero, and they are disconnected. That same morning, Arnie arrives at the swim and tennis club to play with Kate. As he walks into the entrance, Kate steps out of the women's locker room. Wearing solid white sports courts with a matching skimpy white bear midriff top, all Arnie can think is she looks ravishing. Wow, is all he can say. Kate demurely says Thank you.

SPEAKER_00 11:31

Are you ready to lose to a woman?

SPEAKER_01 11:34

She chides him, smiling coquettishly.

SPEAKER_00 11:36

I think he's drooling.

SPEAKER_01 11:38

Getting back in control of himself, he states, not on your life. After warming up, they play two sets. Arnie wins the first one, six three. But Kate wins the second six three. Time for the decisive third set. Arnie is enamored not only with her body, but with her game. She glides around the court like a gazelle and returns her shots like a pro. The score is six games to six. Arnie being a gentleman offers to call the match a draw, rather than play a tiebreaker for one of them to win by two games. But Kate insists they play one more game for the match. Naturally, it's Kate's turn to serve. Arnie reluctantly agrees. After winning the first two points, the score is thirty love. Arnie manages to win the next two points, and they're at deuce. Kate double faults, and it's advantage Arnie. Her next serve is weak. Arnie drives a hard topspin forehand past her just inside the baseline to win the match. You win, Kate exclaims. Not so sure she didn't lose on purpose. Arnie smiles wryly. They embrace across the net, and Kate gives him a luscious kiss on the lips.

SPEAKER_00 13:00

I guess that means I'm buying lunch.

SPEAKER_01 13:02

Kate concedes triumphantly. They decide to dine on site at the club's cafe. We should do this more often, Kate suggests, removing the tie on her ponytail. She shakes out her glistening red hair seductively.

SPEAKER_00 13:17

Besides, I want a rematch.

SPEAKER_01 13:19

Arnie smiles broadly when he notices how cute her freckles stand out after she's been in the sun. They match the color of her hair. Arnie is reluctant to spoil the moment, but he needs to know if the water is warm before committing himself to the deep end of the pool. Did I tell you I took a pro bono case for New Dawn? I'm representing one of their clients to enforce a parenting plan.

SPEAKER_00 13:43

Good for you.

SPEAKER_01 13:45

Surprised at her reaction, Arnie is about to tell her about possibly representing Arturo Azul when Kate says, See, that's what my successful plaintiff's lawyer can do.

SPEAKER_00 13:55

He has the luxury of donating his time to help more people who cannot afford him.

SPEAKER_01 14:00

She's right about that.

SPEAKER_00 14:02

And you still have time for us to enjoy the finer things in life.

SPEAKER_01 14:05

She's right about that too.

SPEAKER_00 14:07

Did you know I have a birthday coming up?

SPEAKER_01 14:09

Kate asks. No, I didn't. When is it?

SPEAKER_00 14:13

It's June 16th. I was thinking of going to Cabo to celebrate. Wouldn't that be fun?

SPEAKER_01 14:18

Listeners, you've now heard about Lupe's love for Arturo Azul and Catherine's intentions about Arnie. But we still don't know if Arnie is willing to represent Arturo, the accused cop killer. Will Arnie agree? Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gabble Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Also, don't hesitate to send us questions. Until next time, God bless.