EQUAL JUSTICE? HUIZENGA SENTENCED FOR 3rd DUI
It's 5:30, just got back from Robert Ray Huizenga's sentencing in front of Judge M. Kaplan. Felony DUI (3rd w/in 10), he got 1 cc s/c 120 BCJ, followed by 4 DOP, etc. He'll get out on $5,000.00 appeal bond and PTR. State asked for 3 DOC followed by 2 prob, prosecutor (I forget her name but she was solid) said it was the most serious DUI not elevated to SBI or manslaughter she ever prosecuted. V said he was skeptical guy would learn his lesson without punishment as he had VOP's on prior DUI's.
The real funny thing about this one is that it was not filed as DUI SBI. V's wife testified she is a trauma nurse and usually pretty stoic about injuries, but even she was freaked out to find him knocked out (thought he was dead until he mumbled something) in an ever increasing, large pool of blood from his head after this guy hit him in his big truck. Of course, all kinds of after effects from head injury and long recoup too (V is probably in his 70's). I asked Lee Cohen why it was not filed SBI and he said "long story, case law, read Schreiber".
The guy did the standard Dave Bogie model - immediately into heavy alcohol tx after accident followed by intensive therapy and commty service while motions filed, etc. ('03 case, docket read 11 continuances) so as to mitigate if plea necessary.
Other highlights:
-PSI said he earns $36,000.00 a year plus $3,000.00 from invstmnts!
-there was an out of court settlement between parties
-donation of $100,000 to Starting Place
-he admitted to RELAPSES as far as drinking booze
So, I guess we have a new standard foe the most serious DUI's in Broward. Remember to always cite this case if you have real bad ones and need to plea open.
Bill Gelin
Instead of bringing up equal justice why dont you congratulate David B for a great job in the defense. I have heard his argument for the appeal and its impressive. Is it not ironic one minute you question temperment, harsh sentences by judges etc, well here is a situation where the Judge showed compassion and there is an implication there is not "equal justice".
As much as we would all like to hope for "equal justice" sadly its very hard to find. From the dawn of man there have always been inequalities and there always will be.
Is it not equal justice in this case that Ray spent his money to benefit the community in his donation to Starting Place. The "victim" in this case can bitch all they want, but it didnt stop them from cashing the fat check they received in the settlment. He was sentenced to Jail time, I wouldnt say that is nothing considering where Ray comes from.
Did money make a difference? It sure did. That is life and its never going to change. On the other side if that 100k contribution enabled that facility to open up some extra beds for indigent clients that serves us all a lot better then putting Ray in prision.
IN MY OPINION:
David ("the Shutz" is probably the coolest nickname that I can think of right now, better than my prior attempt) is probably the best attorney in town (with a real ton of FL Supreme Court cases), but overall I have to respectfully disagree with you.
Early on, when I was a PD, well, I saw a lot of cases, and if today I had some poor black guy who did that, I really think he would get a real reaming at some point in the process (at the end, more than likely).
Sincerely,
Bill Gelin
PS: please send your email address to info@jaablaw.com so you get an email that will enable you to post on the main page whenever you want and post whatever content you see fit. (nasty language will be censored)
Bill,
Always know what I say is my opinion as well. As I see we just agree to disagree.
I agree most Defendants would not have been treated as Ray was treated. On the otherside I know none of my clients could pay the money in restitution, charitable contributions as Ray did. I just think that that conduct is properly used as a mitigating factor. Is that fair? No, but that is the world we live in.
"PSI said he earns $36,000.00 a year plus $3,000.00 from invstmnts!"
You don't stay a billionaire by being stupid. You think Wayne is going to have any money in this guy's name?
Who's he going to roll over next, know what I mean?