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U.S retired Judge abuses power, sentencing 23 yr old to over a century in prison!
Judge Joseph E. Spruill Jr. of Fredericksburg, VA. sentenced a 23 year old man to over a century behind bars! Spruill sentenced Kiser to 120 years for robbing a pharmacy of prescription medication. Kiser was highly addicted to Methadone and roxicodone. His doctor had been prescribing it to him since the age of 17. He was legitimately prescribing it at first, but it led to under the counter pay offs. Dr. Shriharsh Pole abruptly cut Mr. Kiser off after 5 years because of "arousing suspicions". He is currently under investigation by the F.B.I and has lost his narcotics license since this incident.
Judge Spruill, who was retired and filling in for Kiser's original Judge, did not sentence Kiser based on what he thought was right or fair. He sentenced him based on " making an example for the community " (exact words). Judge Spruill expressed how impressed he was with Mr. Kiser (in several ways) after giving him the opportunity to speak. Then he said, "however, I am going to make an example for the community". This is completely unfair and injust. What happened to everyone being treated equally? Why should he be an exception? No human being should be given that kind of treatment. We have rights... and one of them is to be treated equally.
Kiser has already served over a year in the Rappahanock Regional Jail for this crime. We've tried getting reconsideration's, e.t.c. but get no response from his attorney or the Judge now responsible for Kiser's case. I was a little unsure about what to do so I've started a petition. (I will link it at the bottom of the page). Kiser's sentence was harsh, unfair, injust and possibly Illegal. I do know it's a violation of a Judges oath to sentence someone based on their own beliefs.
Mr. Kiser was unarmed, did not harm, intend to harm or threaten anyone in any way. He simply handed the pharmacist a note demanding the medication. As I said before these medications are highly addictive, especially in high does and when taking for long periods of time. Kiser was taking the strongest amount of each consistently going back to the doctor every 2 weeks for 5 years straight. The pamphlet that comes with the medication clearly states in bold : DO NOT STOP TAKING THIS MEDICATION SUDDENLY. PLEASE CONTACT YOUR DOCTOR FIRST. IT CAN CAUSE WITHDRAWLS, FLU-LIKE SYMPTOMS, UNPLEASANT FEELINGS OR DISCOMFORT, ALTERED FRAME OF MIND, UNCONTROLLABLE MOVEMENTS OF THE BODY, SUICIDAL THOUGHTS AND TENDENCIES AND SEEKING STRANGE AND UNUSUAL BEHAVIOR TO GET THE MEDICATION. e.t.c.
Judge Spruill argued in Ricky's defense on more than one occasion with the prosecutor. Including the fact that "Kiser was a victim" .Why defend someone you are going to make an example of? Why express how impressed you are with a man you are going to lock in a cell for the community? Kiser was clearly used in this case. Judge Spruill had the power to do what he wanted and he did in hopes it would help the community. My brother is sitting in a cell as we speak serving time for others possible future actions, not his own. While Judge Spruill rests his head and sleeps peacefully. Spruill's hopes for making an example failed, the robbery rate in our region has increased by 70% since Kiser was sentenced. There is clearly a problem with the criminal justice system in VA. There's also a problem with doctors and medical malpractice. Something needs to be done about this. Ricky was clearly not the only one doing wrong in this case. Both the judge and doctor were as well.
The day of Ricky's sentencing there was another man in the courtroom being sentenced as well. This man was convicted of vehicular manslaughter on his 3rd DUI offense. He had an extensive criminal record. The man he killed was on his way to his father's funeral with both of his children in the car. He was sentenced to 10 years with all but 2 suspended. How can any judge think it's fair to give a murderer with an extensive record a fraction of the time he gave a non violent first time offender? Is something wrong with this picture? Spruill was retired when he sentenced both of these men. They should've had an active judge sentence them because Spruill was obviously a little out of practice.
Spruill ruined this man's life and took his freedom for reasons other than the offense he was convicted of. Regardless of the time he would've got for the robbery, this is wrong! I understand what Kiser did wasn't right either but Spruill and Dr. Pole had a clear mind frame when they made their mistakes, Kiser did not.
Kiser's son Sean Charles Kiser has always had his Daddy in his life. He's always lived with him and loved him dearly. Sean needs his father desperately! Sean has seen his father once since his incarceration in February. Sean is not able to go see his father because the one time he did visit he got sick in the visitation room from seeing his father behind glass and not fully understanding why at 3 years old his father was yanked away from him and now only able to see him through a glass wall. Other family members have suffered tremendously from losing Kiser as well. Not only is Kiser being punished for the community's actions but so is his son, mother, father, sister and nephew just to name a few. He is a young father who made a mistake when he was not in his normal mind frame. Temporary insanity would've been a better plea to take but Kiser had no choice but to plead guilty when first time prosecutor, Darren T. Marting threatened him if he did not plead guilty he was going to arrest his father as well for allegedly threatening Aya Robertson who testified against Kiser in court . I would love to see the results of a polygraph test for that!
Kristin Kiser
New link to petition:
http://www.gopetition.com/petitions/a-fair-sentence-for-ricky-kiser.html
Crowd Power
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Michelle Says So
Indianapolis, Indiana, United States -
sweet east pearl
Jakarta, Indonesia -
Krys24k
Woodbridge, Virginia, United States
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Most RecentMost Recommended Comments (5)
at 02:12 on November 21st, 2008
Please sign the petition if you agree this is injust and unfair.
Thank you,
Kristin Kiser
at 02:42 on November 21st, 2008
Ricky Kiser exemplifies an extreme example of a common problem with our justice system: excessive sentencing of young people on felony offenses when probation would better suit the crime. Ricky's "crime" was that he became addicted to a prescription drug, just like Senator McCain's wife and many other people have - a drug he had been prescribed since he was age 17. Did any of the rich and famous go to jail even for one day? No. Yet this young father is condemned to spend the rest of his life imprisoned for a non-violent offense.
With this outrageous ruling, American taxpayers are expected to fork over about $50,000 per year for the next 50 or 60 years, probably to some Private Prison Profiteer, to keep society safe from this harmless young family man. If his young son needs Welfare because his father is not home to provide for him, taxpayers will have to shoulder that burden, too.
Assistance to the Incarcerated Mentally Ill ("AIMI") joins many others in supporting the petition to win justice for Ricky. Ricky has no mental problem, but he is a victim of the same system that wrongly incarcerates 1.25 million mentally dysfunctional Americans today, a system which has made prisons BIG BUSINESS in our country. Here is the link to a site where you can learn about two other petitions AIMI supports, including one to end private prisons in America. http://www.care2.com/c2c/share/detail/959091
Ricky's story was included in this article on prison profiteers, Vice President Dick Cheney and former Attorney General Antonio Gonzoles, at this link:
INDICTED: VP Cheney and Former Attorney General Gonzales - Prison Profiteers?
http://my.nowpublic.com/health/indicted-vp-cheney-and-former-attorney-general-gonzales-private-prison-profiteers
Thanks for this important article. It is more than just news - it is a call to action for all fair-minded people everywhere.
Blessings,
Mary Neal
Assistance to the Incarcerated Mentally Ill
http://www.care2.com/c2c/people/profile.html?pid=513396753
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jane doe (not verified)at 13:48 on February 7th, 2009
I absolutely agree with kristin. I used to work for Dr. Pole, and I dont feel Ricky should have gotten that many years. Doctors should not prescribe those kind of drugs for people who truely dont need them expecting them to function normally.
at 20:36 on February 14th, 2009
Hey,
Thanks for the comment. I'm pretty sure this is 1 of 2 people. Not sure which one and kinda curious but understandable if want to remain annonymous.
at 20:33 on February 14th, 2009
UPDATE: THANK YOU EVERYONE! WE DIDN'T HAVE TO GO THROUGH WITH THE PETITION. THE PROSECUTOR GOT WORD OF THE STORY ON ANOTHER SITE, HAD IT REMOVED AND A WEEK LATER...
RICKY'S MOTION TO RECONSIDER WAS GRANTED! AFTER MONTHS AND MONTHS WENT BY IT JUST SO HAPPENED TO GET GRANTED AFTER IT GOT ENOUGH PUBLICITY TO GET BACK TO THE RIGHT PERSON. ALTHOUGH THAT WASN'T MY INTENTION, IT WORKED JUST AS WELL.
RICKY'S SENTENCE WAS REDUCED CONSIDERABLY! HE WILL OUT IN APPROXIMATELY 22 MONTHS!
I'LL WRITE A FULL STORY EXPLAINING IT ALL SOON, JUST WANTED TO KEEP EVERYONE UPDATED.
Thanks again,
Kristin