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Old 04-16-2014, 05:53 PM
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Convicted Armend Robber Never Got Notice When To Report To Go To Prison

"Armed robber was never told to report to prison

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Armed robber was never told to report to prison





This undated photo provided by the Missouri Department of Corrections shows Cornealious Anderson. Anderson was convicted of armed robbery in 2000, sentenced to 13 years in jail and told to await instruction on when to report to prison. Those instructions never came and he went on about his life until the clerical error was caught in 2013. Anderson's attorney says Anderson was not a fugitive, was never on the run and has filed an appeal seeking the release of the married father of three he described as a model citizen.






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Wed, 16 Apr 2014 14:51:46 -0500
ST. LOUIS (AP) — After he was convicted of armed robbery in 2000, Cornealious Anderson was sentenced to 13 years behind bars and told to await instructions on when and where to report to prison. But those instructions never came.
So Anderson didn't report. He spent the next 13 years turning his life around — getting married, raising three kids, learning a trade. He made no effort to conceal his identity or whereabouts. Anderson paid taxes and traffic tickets, renewed his driver's license and registered his businesses.
Not until last year did the Missouri Department of Corrections discover the clerical error that kept him free. Now he's fighting for release, saying authorities missed their chance to incarcerate him.
In a single day last July, Anderson's life was turned upside-down.
"They sent a SWAT team to his house," Anderson's attorney, Patrick Megaro, said Wednesday. "He was getting his 3-year-old daughter breakfast, and these men with automatic weapons bang on his door."
Anderson, 37, was taken to Southeast Correctional Center in Charleston, Mo., to begin serving the sentence. A court appeal filed in February asks for him to be freed.
Anderson had just one arrest for marijuana possession on his record when he and a cousin robbed an assistant manager for a St. Charles Burger King restaurant on Aug. 15, 1999. The men, wearing masks, showed a gun (it turned out to be a BB gun) and demanded money that was about to be placed in a deposit box.
The worker gave up the bag of cash, and the masked men drove away. The worker turned in the car's license plate number.
Anderson was convicted and sentenced to 13 years in prison and waited for word on what to do next.
"His attorney said, 'Listen, they're going to get you some day, so just wait for the order,'" Megaro said. "As time goes by, the order never comes. What does a normal person believe? Maybe they forgot about it. It's only human nature to hope they just let it go. He really didn't know what to do.
"A year goes by, two years, five years, 10 years. He's thinking, 'I guess they don't care about me anymore,'" Megaro said.
So Anderson went about his life. Megaro said he was not a fugitive, was never on the run. In fact, just the opposite.
Megaro described Anderson as a model citizen — a married father who became a carpenter and started three businesses. He paid income and property taxes and kept a driver's license showing his true name and address. When he was pulled over for a couple of traffic violations, nothing showed up indicating he should be in prison.
That's why Anderson was shocked when the marshals arrived.
He now lives among the general population at Charleston. Megaro said Anderson is holding his own— barely.
"He's doing his best to keep his spirits up," Megaro said. "Each day that goes by, more hope is lost. It's a daily struggle for him."
Peter Joy, director of the Criminal Justice Clinic at the Washington University School of Law in St. Louis, said it isn't unusual in a country with such a high prison population for sentences to fall through the cracks. What is unusual, Joy said, is for it to go unnoticed for so long.
"The real tragedy here is that one aspect of prison is the idea of rehabilitation," Joy said. "Here we have somebody who has led a perfect life for 13 years. He did everything right. So he doesn't need rehabilitation."
What happens next isn't clear. Missouri Attorney General Chris Koster on Tuesday filed a court response that said the state is justified in making Anderson serve the sentence.
However, Koster wrote that Megaro could refile the case as an action against the director of the Department of Corrections, which could give Anderson credit for the time he was technically at large.
Megaro doubted that strategy would work. He said the law does not allow credit for time served when the convicted person was not behind bars.
"I don't think that's an option, unfortunately," Megaro said.
Instead, he's relying on case law. The last time anything like this happened in Missouri was 1912. In that case, the convicted man was set free, Megaro said.
Gov. Jay Nixon could also commute the sentence. A spokesman for Nixon declined to comment."
PeoplePC - News

Should He have to go to Jail or???

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  #2  
Old 04-16-2014, 06:01 PM
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Let him go
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Old 04-16-2014, 06:40 PM
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...to prison.
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Old 04-16-2014, 06:46 PM
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Let him go.
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Old 04-16-2014, 07:48 PM
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If there's no mechanism for crediting him for time served, can they keep him in jail 24 hours then parole him? Or declare his home a state prison and have him "serve" his time with "work release" to run his business.
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Old 04-16-2014, 08:19 PM
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Find the clown whose job it was to call him. Have that guy serve out the sentence.
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Old 04-16-2014, 10:10 PM
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Originally Posted by Palangi View Post
Find the clown whose job it was to call him. Have that guy serve out the sentence.
Ha!

I'd call it time served and let him go.
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Old 04-16-2014, 10:14 PM
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Seems like a pretty silly crime.....BB gun? Let him go.
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Old 04-16-2014, 10:19 PM
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Let him go. What's the point in incarcerating him?
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Old 04-16-2014, 10:26 PM
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Originally Posted by t walgamuth View Post
Seems like a pretty silly crime.....BB gun? Let him go.
What is really at issue is what is the purpose of sentencing?
Punishment, deterrent, rehabilitation... or all three?

He has been punished, granted not as harshly as the system intended, but I would imagine spending thirteen years waiting for the knock on the door has to be tough in it's own right.

It certainly seems to have worked as a deterrent, as he did not commit any further crimes.

And he seems to have rehabilitated himself.

Would seem as if the desired outcome of the sentence has come to pass...
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Old 04-17-2014, 09:00 AM
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Originally Posted by cmbdiesel View Post
What is really at issue is what is the purpose of sentencing?
Punishment, deterrent, rehabilitation... or all three?

He has been punished, granted not as harshly as the system intended, but I would imagine spending thirteen years waiting for the knock on the door has to be tough in it's own right.

It certainly seems to have worked as a deterrent, as he did not commit any further crimes.

And he seems to have rehabilitated himself.

Would seem as if the desired outcome of the sentence has come to pass...

Since it was armed robbery with a BB gun and he could more likely have gotten himself killed by an armed guard who assumed the worst, I don't view him as a gardened criminal. Since he has rehabilitated himself and done a good job, make him give 13 speeches on " Don't do what I did" and 100 hours of community servuice with Habitat for Humanity-- put his carpentry skills to work for the community.
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Old 04-17-2014, 09:51 AM
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Originally Posted by strelnik View Post
Since it was armed robbery with a BB gun and he could more likely have gotten himself killed by an armed guard who assumed the worst, I don't view him as a gardened criminal. Since he has rehabilitated himself and done a good job, make him give 13 speeches on " Don't do what I did" and 100 hours of community servuice with Habitat for Humanity-- put his carpentry skills to work for the community.
x2
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Old 04-17-2014, 10:09 AM
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Keep in mind that he also robbed a Bugger King. That qualifies him for national hero status -- depriving a corepirateion that sells poison to the public of revenue.
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Old 04-17-2014, 02:10 PM
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Originally Posted by spdrun View Post
If there's no mechanism for crediting him for time served, can they keep him in jail 24 hours then parole him? Or declare his home a state prison and have him "serve" his time with "work release" to run his business.
I thought in His case it was time not served.

I think the fact that He kept out of trouble is more important then sending Him to Jail. There is a mound of evidence to show that People who go to Jail end up back there many times. He was able to break that cycle.

I think there is a bunch of options like probation for some extended time. But at the end of the article it said there was a precedent and the Man in that case was set free.

Another way to go if they are still around would be to see if the Person or Business He committed the Crime against is willing to drop the Charges.
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Old 04-17-2014, 02:16 PM
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Keep in mind that he also robbed a Bugger King. That qualifies him for national hero status -- depriving a corepirateion that sells poison to the public of revenue.
Burger King is bad for selling Poison but buying Weed from a Drug Dealer that also is involved in sales other kinds of Drugs/Poison is OK?

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