The judge speaks...
Excerpts below. Link at the bottom.
--> No matter how “unconscionable” Mr. Ravi’s conduct, Judge Glenn Berman said in a court hearing, “I can’t find it in me to remand him to state prison that houses people convicted of offenses such as murder, armed robbery and rape. “I don’t believe that that fits this case,” the judge continued. “I believe that he has to be punished, and he will be.”
--> Judge Berman noted that the punishment was harsher in some ways than what was recommended in a report by the correction official who did the presentencing interview with Mr. Ravi. That report recommended against any incarceration or fine.
--> On Wednesday, the lead prosecutor elaborated on that, telling Judge Berman that she thought a five-year sentence would have been appropriate.
--> While last week the judge reserved his harshest words for Mr. Ravi, on Wednesday he engaged in a tense exchange with Julia McClure, the first assistant prosecutor for Middlesex County, saying he would not comment on her appeal, but accusing her of “smirking” as he explained his reasoning for the sentencing.
--> In reaching his sentence, the judge said he started with the agreement the prosecution had made with Molly Wei, who had viewed the webcam with Mr. Ravi the first night he spied on Mr. Clementi and his visitor. Ms. Wei was spared prosecution in an agreement to testify against Mr. Ravi, agreeing to three years’ probation and 300 hours of community service. Believing that “consistency breeds fairness,” the judge said he gave Mr. Ravi community service and probation. “It wasn’t my deal,” he said. “It was the state’s.”
--> He argued that the Legislature intended prison terms to be attached to bias crimes that were “assaultive or violent in nature,” not invasion of privacy. “I also know his age,” Judge Berman added, calling it a mitigating factor. “I believe justice compels me to deviate from the guidelines,” he said.
http://www.nytimes.com/2012/05/31/ny...ewanted=1&_r=1