Angry in the Great White North

From ABC News:

A New York City man has been arrested for the 100th time.

Officials with the Warren County Sheriff's Department in eastern New York said they found Anthony Love, 40, of Brooklyn with $1,300 worth of merchandise stolen from outlet stores in his car.

One hundred times? The other 99 times weren't for parking tickets either:

He had 99 prior arrests, including several for violent felonies. "We were number 100 for him," Sheriff's Sgt. James LaFarr said.

I'm not a big fan of three-strikes laws. Generally, I don't like any rules that remove the ability of judges to use their discretion. But an example like this makes me wonder if the people who push for these laws know better. Maybe they realize that judges really don't get it.

An isolated incident? Consider this case from right here in Toronto, involving the near-fatal stabbing of 16-year-old Nicholas Lastoria of Markham by his mentally ill neighbour:

Let me take you inside a Newmarket court for a lesson in victim's rights.

Her Majesty the Queen versus Peter Galanos.

Mr. Justice William Gorewich presiding.

Galanos is paranoid schizophrenic. How risky is he? The shrinks' report surely says, but there is little mention in court.

Except ...

"Well," pipes up [Crown Attorney Norm] Chorney, "it's a bit of a worry, more than a bit of a worry, in that the report says while he's currently free of his symptoms on medication, his history of compliance is poor ..."

The judge interrupts to discuss how to declare Galanos "not criminally responsible."

Get the feeling the judge has already made up his mind on this one?

The judge can keep Galanos in a psych ward at least until the Ontario Review Board has a look at him. (A hearing has since been set for Sept. 20.)

But the notion doesn't even come up.

Alas, Nicolas and his mom, paramedic Elsa Ferraro, are unaware that a verdict is being rendered. So, even, are the cops.

Much is said on Peter Galanos' behalf, though.

A model patient, his lawyer reports. Loving parents.

Chorney agrees to a "not criminally responsible" verdict and release on conditions.

So everyone is lined up to speak of how Galanos ought to bet set free. What of the other side of this issue?

The deal is done 'til Nadine Prince, from the Victim Witness Office, rushes in.

What's the problem, wonders the judge.

Prince says she is here only because the lead investigator, York Regional Det. Const. Stu Betts, chanced to see the verdict pop up on his screen.

What about the impact statement? It's a victim's right.

Rights, schmights:

"Well, with great respect ... (it) wouldn't have changed (the decision)...

And Peter Galanos walks free.

"Good luck to you, Mr. Galanos," says Justice Gorewich.

"Thank you."

"All the best," replies the judge.

In New York, a man is arrested over and over again, one hundred times, clearly the product of a justice system that is not concerned for the welfare of the community. In Ontario, a mentally ill and violent man is sternly warned to take his medication by a judge who has already made up his mind before the trial, releasing the perpetrator not just into the community, but back to the home across the street from the young victim, the person the attacker had thought was a witch during the first attack.

Maybe I've been wrong on this issue, and judicial discretion is overrated. I don't have to make the same mistake a hundred times before learning from it.