Shaneen Allen’s prosecutor might be having second thoughts

[Intimid8trfr3ver]

http://www.washingtonpost.com/news/t...cond-thoughts/

By Radley Balko September 18 at 9:00 AM

The New Jersey prosecutor who has been pushing a prison sentence for a New Jersey single mother for having a gun in her purse appears to be reconsidering.

Shaneen Allen was arrested in October after admitting to a state trooper during a traffic stop that she was in possession of a gun. Allen, a resident of Pennsylvania, had a legal permit to possess and carry the gun in that state. She says she had simply made a mistake, a plausible explanation given that she volunteered the incriminating information to the cop who pulled her over.

Until now, Atlantic County Prosecutor Jim McClain had been pursuing a felony charge against Allen that would come with a mandatory minimum of three-and-a-half years in prison, despite the fact that he could refer to a diversionary program that would allow her to avoid jail time. Allen has no other criminal record. Now it looks like McClain may be reconsidering.

“I am presently in the process of reviewing our office’s position on the appropriate resolution of this matter,” McClain wrote in a letter sent last week to Superior Court Judge Michael Donio.

He asked that the case be adjourned for three weeks to allow the review. Donio granted the request.

A trial set for Oct. 6 has now been moved to Oct. 20. A conference to discuss motions and jury selection set for this week has been moved to Sept. 25.

Donio previously became the first judge in the state to open up the Graves Act waivers, which record decisions on pretrial intervention concerning these cases. The records are meant to be kept for the attorney general’s review to make sure the law is being applied uniformly.

Local attorney Michael Schreiber argued that if the state can see the records, the defense should be granted the same access. Donio agreed, and opened up three years of decisions. They show that not only do other prosecutors allow for PTI or probation in these cases, McClain’s predecessor also allowed them.

Former Prosecutor Ted Housel liberally applied a normally rare exception in these cases, which allows for parole or pretrial intervention. Housel said in a 2012 memorandum that Atlantic County is unique since tourists who legally own guns often bring them into the state not realizing their permits do not cross state lines.

I posted in July about how Allen’s case raises some important, not-often-discussed issues about race, gun control, and mandatory minimums. It’s also worth pointing out that even putting the volatile race and gun issues aside, this is just a really terrible law. Yes, you should try to know the laws of the states you’re visiting, particularly when it comes to guns. But unless police and prosecutors can show that the owner intended to use the gun to commit a crime, three-plus years in prison is an obscene penalty for an honest mistake that didn’t cause harm to anyone else.

[priell3]

It would be wise for him to reconsider.

[IIIIIREPOIIIII]

It would be wise for him to reconsider.

[alpacaheat]

Perhaps it's because so many high-profile national and local talk show hosts have been reminding people that this is the same judge who let Ray Rice off the hook after assulting a woman, while laying the hammer down on a mother trying to protect her kids?

Public image can weigh more in some judges' decisions than actually applying he law fairly.

[libra8]

Don't be fooled, a wolf in sheep's clothing is still a wolf. He only has his self serving interests at heart.

[priell3]

Honest Gun-Owning Mom Struggling To Find Work


For a year, Chasing has been following the case of Shaneen Allen, the single mom from Philadelphia who was facing 11-years in prison for bringing her legally licensed Philadelphia firearm into New Jersey. Chasing was there with her in court when she was granted pretrial intervention and people celebrated that she wouldn't face jail time.

Now three-months later, Allen talked about getting her life back on track. She says that she feels blessed to be with her kids, but was quickly brought back to reality when she realized getting a job in her field is now nearly impossible because the arrest remains on her record.

http://www.my9nj.com/story/27791868/...g-to-find-work

[internet troll]

I've said it before, the prosecutor is the criminal (imo) for what they did to her. Ruining a person's life over what was an honest mistake. There are a lot of criminals out there legitimately thumbing their noses at the law who earn their misery. She is not one of them.

Yes I know, letter of the law, your responsibility to know the law and all that. With 10's of thousands of firearm laws on the book at the local, state and federal levels I say that argument is bullshit.

[GunLawyer001]

I've said it before, the prosecutor is the criminal (imo) for what they did to her. Ruining a person's life over what was an honest mistake. There are a lot of left criminals out there legitimately thumbing their noses at the law who earn their misery. She is not one of them.

Yes I know, letter of the law, your responsibility to know the law and all that. With 10's of thousands of firearm laws on the book at the local, state and federal levels I say that argument is bullshit.

No, the legislature of the State of NJ is to blame. Once she told the cop that she had a gun, he was obliged to arrest her, the prosecutor was obliged to prosecute.

Blame the culture of NJ, which relies heavily on attracting tourists to the beaches and casinos, yet lays traps for the unwary.

The solution is to apply pressure on the entire state. Boycott the casinos, and tell them why. Once it starts reducing their profits and tax revenues (and the casinos' bought & paid-for politicians), they will seriously weigh whether it's really worth actual dollars to have the feel-good anti-gun laws there.

Lots of laws make sense to you if they have no impact on you. Let NJ start to starve as a result of non-residents staying clear out of fear of the draconian gun laws, and the pointless, zero-impact-on-crime gun laws will have an impact on the people who make and support those laws.

[American1776]

No, the legislature of the State of NJ is to blame. Once she told the cop that she had a gun, he was obliged to arrest her, the prosecutor was obliged to prosecute.

Blame the culture of NJ, which relies heavily on attracting tourists to the beaches and casinos, yet lays traps for the unwary.

The solution is to apply pressure on the entire state. Boycott the casinos, and tell them why. Once it starts reducing their profits and tax revenues (and the casinos' bought & paid-for politicians), they will seriously weigh whether it's really worth actual dollars to have the feel-good anti-gun laws there.

Lots of laws make sense to you if they have no impact on you. Let NJ start to starve as a result of non-residents staying clear out of fear of the draconian gun laws, and the pointless, zero-impact-on-crime gun laws will have an impact on the people who make and support those laws.

This is a very good idea. New Jersey ranks at the top of the list of states from which people are leaving in the largest numbers. I'm CERTAIN some of them are, in part, doing it because of the nanny / fascist state laws (not to mention taxes). Hit NJ the other way too...residents of free states can also stop GOING INTO NJ to spend money there. Politicians speak only two languages: money and re-election. The people who stay there seem to re-elect those clowns, so we can vote with our money.

[mollymayhem82]

Atlantic City is nearly a ghost town, tourist-wise, and almost all of their casinos are gone. Aside from the beach, cheap gas, and cheap booze, what does NJ really have to offer? The last time I was in NJ was October, and it was by accident. I will never go there if I can help it. We even cancelled our vacation plans for last summer.