Wednesday, February 6, 2013

Recent Usage - Salisbury, Maryland

The Defendant:
Keith Lamont Parker
On Friday, January 25, 2013, defendant Keith Lamont Parker of Salisbury, Maryland entered the Alford Plea in two separate cases--one for second-degree murder and one for possession with intent to distribute a dangerous substance (cocaine).

Judge Kathleen L. Beckstead sentenced Parker on January 28, 2013 to 25 years for the murder charge and 20 years (to be served concurrently) for the drug charge. In addition, due to a violation of probation in a 2006 case, he will be serving an additional eight years (to be served consecutively).

When looking at previous "Recent Usage" posts, this is the first case in which the defendant will receive a sentence with any real weight. Also, Parker's use of the Alford Plea did not allow him to drop any charges against him. However, there is no doubt that the Alford Plea allowed Parker to get a shorter sentence than he would have otherwise. For instance, his drug and murder sentences are to be served concurrently, whereas, without the Alford Plea, he would be serving 45 years (plus the additional 8 for violating his probation) instead of 25.

Parker's case may seem like the "best" way to use the Alford Plea, however we need to realize that even this case is not so cut-and-dry. Elmer Charles Duffy III, the son of the murder victim, was present through all of Parker's hearings. His main question was, and still will be, "Why?". Duffy was quoted saying "That's something that every man needs--his father. Eventually, one day, you'll get out of prison. My father doesn't have that chance."

Should judges take into account the family of the victim when deciding whether or not to accept the Alford Plea in a particular case? Thoughts welcome!


Information From:
DelmarvaNOW

Recent Usage - Rochester, Minnesota

The Defendant: Moses Gum Benjamin
On October 4, 2012, Moses Gum Benjamin was arrested after threatening his wife with a knife. He stated, "I can finish this right now. I'm serious. I will finish this right now," and threatened to take the kids with him. When the phone rang, his wife and children were able to escape out of the house.

This past Friday, February 1st, 2013, Benjamin was able to enter the Alford Plea in the Olmsted County District Court. This plea has allowed Benjamin to plead guilty to second-degree assault with a dangerous weapon in exchange for a dismissal of three counts of first-degree burglary and terrorist threats (which are all felonies), as well as a gross misdemeanor for domestic assault.

In the past, Benjamin was convicted of malicious punishment of a child in the year 2011.

The defendant's sentencing will take place March 28.


Food For Thought: 

Considering Benjamin's past history of crime, does it seem fair that the judge has accepted an Alford Plea in this case? What about the fact that the court is dismissing three felony counts in order to convict him for second-degree assault with a dangerous weapon?

According to Minnesota law, second-degree assault with a dangerous weapon will yield a sentence of no more than seven years and/or a fine of no more than $14,000. When we look at the dismissals, is the Minnesota court system making the right choice?



Information From:
Minnesota Office of the Revisor of Statutes
Mugshots.Com
Post Bulletin - Minnesota News