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View Full Version : Heather Cook gets 7 years


soulspinner
10-27-2015, 03:58 PM
Just read online Heather Cook got 7 years...don't know what to think...:mad:

Shortsocks
10-27-2015, 04:06 PM
Just read online Heather Cook got 7 years...don't know what to think...:mad:

I don't know either. I do know it doesn't bring Thomas Palermo to his two kids or wife. And there will be one less good man to ride on my right or left. :mad:

93legendti
10-27-2015, 04:09 PM
Mosby was true to form

LegendRider
10-27-2015, 04:29 PM
I wonder how many years she'll actually serve behind bars.

rugbysecondrow
10-27-2015, 04:40 PM
I am glad she is going to serve time, but drunk drivers need to be treated more seriously in the US.




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avalonracing
10-27-2015, 04:47 PM
i am glad she is going to serve time, but drunk drivers need to be treated more seriously in the us.




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x1000!

cloudguy
10-27-2015, 04:47 PM
Mosby was true to form

Taken from a Baltimore sun article: "Prosecutors wanted a sentence of 10 years followed by probation, but the judge handling the case had said he might hand down less time."

ultraman6970
10-27-2015, 05:13 PM
The church sure was pressing the judge big time and probably he handled something so the good guys stop bothering... she will be out like in 2 years maybe?

Now comes the civil lawsuit right?

rugbysecondrow
10-27-2015, 05:37 PM
The church sure was pressing the judge big time and probably he handled something so the good guys stop bothering... she will be out like in 2 years maybe?



Now comes the civil lawsuit right?




Huh?


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JAllen
10-27-2015, 05:39 PM
I am glad she is going to serve time, but drunk drivers need to be treated more seriously in the US.




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Completely agree.

rwsaunders
10-27-2015, 05:46 PM
Here's the report from the local news in Baltimore...it looks as if a civil suit has been resolved as well.

http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-heather-cook-sentencing-20151027-story.html

rugbysecondrow
10-27-2015, 05:57 PM
This gets me. I can't imagine...

"Rachel Palermo didn't tell her two young children right away that their father had been killed, she wrote in the letter. Instead she put them to bed that night and waited until morning."

The article references lack of health insurance for the family. Is there a find we can donate to?




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bcroslin
10-27-2015, 05:57 PM
sickening. she should be under the jail. marijuana dealers routinely get more time than this woman received for killing someone while drunk.

ultraman6970
10-27-2015, 06:26 PM
The system is not fair my friend, and that's not new at all. Church knows where the dead bodies are, a few phone calls here and there, and the as i said before... the judge had to give her some time just to keep every body happy. What would not surprise me at all is that she is out after two years, maybe even less.

Since when you have seen a high end public figure to make full term sentence?? At the opposite, the poor crackhead that stole a coke from the supermarket and hit the guard in tis way out will stay behind bars for the next 40 years.

Shortsocks
10-27-2015, 06:38 PM
sickening. she should be under the jail. marijuana dealers routinely get more time than this woman received for killing someone while drunk.

Damn. That's a good yet horrible point.

Seramount
10-27-2015, 06:43 PM
...and justice for all.

please.

93legendti
10-27-2015, 06:47 PM
Taken from a Baltimore sun article: "Prosecutors wanted a sentence of 10 years followed by probation, but the judge handling the case had said he might hand down less time."

Why only 10 years?

tumbler
10-27-2015, 06:51 PM
sickening. she should be under the jail. marijuana dealers routinely get more time than this woman received for killing someone while drunk.

Not to mention fleeing the scene and leaving him to die in the road. Such a pathetic human being. It's sad that her penalty is so light.

OperaLover
10-27-2015, 07:03 PM
This is so infuriating! If you want to commit murder just make sure the victime is rding a biclcycle. Better yet be so ineibriated that you "don't know what you are doing."

Too many cyclists here in the Northwest have met the same fate and the perpetrators when caught get off with light sentences.

I hope the civil suit settled with a substantial payment to the widow. Money won't bring a loved one back, but the surviving family memgers should not suffer financial insecurity in light of the ex-bishop's negligence and disregard for her actons. Drunk . . . texting . . . Failure to stop . . . Leaving the scene twice . . . etc.

Many lives hurt here. No one wins. Everyone loses.

cloudguy
10-27-2015, 07:22 PM
Why only 10 years?

I don't know, maybe sentencing guidelines?

Mr. Pink
10-27-2015, 07:39 PM
I was biking up in the country today, maybe ten miles north of where this tragic incident happened, and, a young girl passed me from the opposite direction, tailgating, and holding her phone directly in front of her face as she proceeded. Houston, we have a problem.

I still say that the real issue here is simply alcohol. There is no way that this woman would have reached the stature she did in this church hierarchy if the culture was not accepting of, basically, arrogant alcoholics in high positions. She is not the only one.

OtayBW
10-27-2015, 07:52 PM
http://www.madd.org/laws/law-overview/Vehicular_Homicide_Overview.pdf

Peter P.
10-27-2015, 08:04 PM
Is it possible the civil suit settlement amount was negotiated and paid by the church with Cook's sentence offset based upon the settlement amount? All behind closed doors with a nod and a wink, of course...

Joxster
10-28-2015, 03:56 AM
At least she got jail time

http://www.bournemouthecho.co.uk/news/9470538.Student_admits_blame_for_cyclist___s_road_ death/

"Cahill was given a 12 month community order by magistrates, and ordered to undertake 200 hours of community service.

He was disqualified from driving for 18 months and ordered to retake his test. He was also told he must pay costs of 」85. The court heard that Cahill had been driving along the A351 close to the Purbeck roundabout when his car struck Mr Jefferies bike. "

soulspinner
10-28-2015, 04:35 AM
Many years ago when I was a Probation Officer in NY good time was 2/3rds. If that's good time in Maryland she will be out in 4 years 8 months. That will include time served, so its a bit light in my opinion.

mgreene888
10-28-2015, 05:21 AM
I would say its not a bad deal if the sentence was actually based on a large civil payout.

As someone said above, a maximum sentence isnt going to bring the victim back and the wife has two children to raise.

Mike

Black Dog
10-28-2015, 05:26 AM
I am glad she is going to serve time, but drunk drivers need to be treated more seriously in the US.


+1,000,000 but you need to include Canada in the list of countries that treat drunk driving like J-walking.

AngryScientist
10-28-2015, 05:37 AM
i did not read the article, but what about driving privileges ?

someone like this should have their driving privileges revoked. indefinitely.

oldpotatoe
10-28-2015, 05:40 AM
i did not read the article, but what about driving privileges ?

someone like this should have their driving privileges revoked. indefinitely.

Doubt it..I'll bet a couple of things. She will drive again and she will drink again, hopefully not together but I have little faith in this all curing her addiction.

joosttx
10-28-2015, 05:47 AM
I think she is in her mid sixties. She'll be in her seventies when she gets out. When you consider this. It's almost a life sentence.

laupsi
10-28-2015, 06:23 AM
I was biking up in the country today, maybe ten miles north of where this tragic incident happened, and, a young girl passed me from the opposite direction, tailgating, and holding her phone directly in front of her face as she proceeded. Houston, we have a problem.

I too live in this area, where exactly were you riding?

avalonracing
10-28-2015, 06:28 AM
I would say its not a bad deal if the sentence was actually based on a large civil payout.

As someone said above, a maximum sentence isnt going to bring the victim back and the wife has two children to raise.

Mike

Provided it keeps her off the road when she does get out but just as important is to keep other people who are DUI off the road through fear of getting the book thrown at them (and of course treatment before it is too late).

I know very few people who haven't at some point driven under the influence. Sadly, I know many who still do.

laupsi
10-28-2015, 06:29 AM
the interesting debate in this country, one which doesn't get adequate attention IMO, is defining the purpose of incarceration. is time served for rehabilitation or is it for punishment of the crime committed? on the surface it appears you can have both, other cultures have decided you cannot.

following this case it appears the court has decided upon the prior. although the "jury" is still out on whether a less high profile person would have been handed the same sentence. in that case the justice system does an about face and therefore seems to take on the responsibility of determining who is eligible for rehab and who deserves to be punished!

93legendti
10-28-2015, 06:35 AM
^
Or protecting the public...so she doesn't kill again

avalonracing
10-28-2015, 06:49 AM
^
Or protecting the public...so she doesn't kill again

Finally... we agree on something! :D

bicycletricycle
10-28-2015, 06:50 AM
20 would have been better. I hate drunk drivers, they have no regard for the safety of anyone else, other drivers, pedestrians, passengers, etc. they should have thrown the book at her. People operate automobiles far too casually and I believe more severe consequences for doing it badly might help.

Ray
10-28-2015, 06:53 AM
I'm glad she got jail time, but I don't have any idea if it was a reasonable length of sentence. Do any attorneys here know what the average sentence is for a drunk driver that kills someone? Add hit and run? If this is a lot lighter than normal, then I'll be incensed as well. If not, we need to take a look at sentencing guidelines for this sort of thing, particularly relative to victimless crimes like possession. Drunk driving is something that needs the harshest possible sentences IMHO.

-Ray

bicycletricycle
10-28-2015, 06:59 AM
Interesting info
http://www.madd.org/laws/law-overview/Vehicular_Homicide_Overview.pdf

http://i975.photobucket.com/albums/ae236/bicycletricycle/1B40D073-80C9-46F0-9CA9-2B5894C1F972_zpsu4deigls.png (http://s975.photobucket.com/user/bicycletricycle/media/1B40D073-80C9-46F0-9CA9-2B5894C1F972_zpsu4deigls.png.html)

AJosiahK
10-28-2015, 07:03 AM
Interesting info
http://www.madd.org/laws/law-overview/Vehicular_Homicide_Overview.pdf

http://i975.photobucket.com/albums/ae236/bicycletricycle/1B40D073-80C9-46F0-9CA9-2B5894C1F972_zpsu4deigls.png (http://s975.photobucket.com/user/bicycletricycle/media/1B40D073-80C9-46F0-9CA9-2B5894C1F972_zpsu4deigls.png.html)

zero should never be a starting point in terms of years served.. minimum should be 5+ or more.

soulspinner
10-28-2015, 07:14 AM
zero should never be a starting point in terms of years served.. minimum should be 5+ or more.

0 to 5? wow, this varies so much state to state...

AngryScientist
10-28-2015, 07:22 AM
academically speaking, we really should not differentiate between sentences for drunk driving, or drunk driving that result in a death. once you've made the decision to drunk drive, killing someone is really a matter of [bad] luck. the strict penalties need to be in place for all DUI offenses, or the message is "it's not a big deal unless i kill someone".

joosttx
10-28-2015, 07:24 AM
academically speaking, we really should not differentiate between sentences for drunk driving, or drunk driving that result in a death. once you've made the decision to drunk drive, killing someone is really a matter of [bad] luck. the strict penalties need to be in place for all DUI offenses, or the message is "it's not a big deal unless i kill someone".

Or.... Murder is murder.

rugbysecondrow
10-28-2015, 07:24 AM
Provided it keeps her off the road when she does get out but just as important is to keep other people who are DUI off the road through fear of getting the book thrown at them (and of course treatment before it is too late).



I know very few people who haven't at some point driven under the influence. Sadly, I know many who still do.




True.

With the proliferation of Uber, it is so easy to go out and get home safely. Even if I am just going out to watch football on a Sunday afternoon, uber there, uber back...costs about 12 dollars total. Everybody is safe.


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rugbysecondrow
10-28-2015, 07:27 AM
I'm glad she got jail time, but I don't have any idea if it was a reasonable length of sentence. Do any attorneys here know what the average sentence is for a drunk driver that kills someone? Add hit and run? If this is a lot lighter than normal, then I'll be incensed as well. If not, we need to take a look at sentencing guidelines for this sort of thing, particularly relative to victimless crimes like possession. Drunk driving is something that needs the harshest possible sentences IMHO.

-Ray


I didn't some Google a few weeks back and this seemed consistent with other articles I read. Not sure how valid the sampling was though.
DUI is treated as a mistake rather than a willful act, it seems, so it isn't punished severely enough.


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AngryScientist
10-28-2015, 07:29 AM
Or.... Murder is murder.

but that logic won't deter drunk driving. no one who get's behind the wheel drunk to get home after a night of partying and equates that with pre-meditated murder.

the risk equation for most people who drive drunk is: the worst scenario is that i get pulled over and lose my license for a year and have a bunch of legal costs.

joosttx
10-28-2015, 07:37 AM
but that logic won't deter drunk driving. no one who get's behind the wheel drunk to get home after a night of partying and equates that with pre-meditated murder.

the risk equation for most people who drive drunk is: the worst scenario is that i get pulled over and lose my license for a year and have a bunch of legal costs.

It's top down or bottom up. A classic ecological tropic level debate.

rugbysecondrow
10-28-2015, 07:50 AM
but that logic won't deter drunk driving. no one who get's behind the wheel drunk to get home after a night of partying and equates that with pre-meditated murder.

the risk equation for most people who drive drunk is: the worst scenario is that i get pulled over and lose my license for a year and have a bunch of legal costs.

You can't punish somebody for what they might do.

IMO, many people who get DUI are not alcoholics, they are offenders who are young, stupid, and make a mistake. This can lead to deathly consequences. These people typically learn from their mistake or they can wisdom and learn not to drink and drive as they understand consequences.

Alcoholics are different, there is no risk equation. They will destroy their family, the lives of their children, wife, parents...even their own life for their disease. The Bishop is a great example of an alcoholic who destroyed Tom's life, his family, her life, her family, her church. As an alcoholic, she destroyed it all. You can't punish that in the typically punitive way, IMO.

I don't know what the terms of her probation are, but hopefully she doesn't get a drivers license, and she has very regular drug tests as well as spot checks for drugs and alcohol.

This won't be a popular opinion, but if she can rehabilitate herself and learn to help others in prison, and use her skills to help other inmates improve their lives, maybe some good can come from this.

soulspinner
10-28-2015, 08:38 AM
I think the leaving the scene part should be weighed more heavily, she left him to die and could have immediately stopped and called an ambulence, drunk or not. Her fleeing and calling someone was a total disregard for human life (something its hard under any circumstances to imagine a pastor would do).............

unterhausen
10-28-2015, 09:14 AM
sadly, protecting themselves is exactly what I would expect a pastor to do. At least the kind of pastor that would get drunk out of their mind, drive and text on a Sunday morning. I'm just glad she got a substantial sentence, I was afraid she would manage to get a slap on the wrist. I assume we would have heard about a civil suit or settlement. Maybe Tom's wife doesn't have the energy for it, but I think the church has imposed itself enough into this case to be a pretty easy target.

RonW87
10-28-2015, 10:33 AM
Nm.

rugbysecondrow
10-28-2015, 10:46 AM
sadly, protecting themselves is exactly what I would expect a pastor to do. At least the kind of pastor that would get drunk out of their mind, drive and text on a Sunday morning. I'm just glad she got a substantial sentence, I was afraid she would manage to get a slap on the wrist. I assume we would have heard about a civil suit or settlement. Maybe Tom's wife doesn't have the energy for it, but I think the church has imposed itself enough into this case to be a pretty easy target.

There was a civil settlement referenced in the article, that it has been resolved. No details were provided.

merlincustom1
10-28-2015, 10:49 AM
Assuming the chart above is correct, 5 is the max in Maryland. She got 7, so likely 2 for leaving the scene, or maybe some other lesser charge(s). The DA wanted 10, likely the max on these facts. Don't like it, lobby your legislators for tougher penalties.

bikeridah
10-28-2015, 10:57 AM
Wow, a drunk driver who kills someone serves max 1 year?!?

JAllen
10-28-2015, 10:59 AM
As an employment specialist (recruiter), I see a very large percentage of people with DUIs or other motor vehicle charges. It's so common and nonchalant that nobody seems to blink at it. Meanwhile, I can't help but think of my safety and the safety of others that are at the mercy of these people. Tom (and many others) paid the price for a drunk driver. Driving in general needs to be looked at with deadly seriousness. Tom had a right to life and someone took that right away with carelessness in their separate PRIVILEGES of having alcohol, and driving.

Avincent52
10-28-2015, 11:01 AM
I think she is in her mid sixties. She'll be in her seventies when she gets out. When you consider this. It's almost a life sentence.

She's 59. She'll be out before she's eligible for Social Security.

And before Tom's kids get out of grammar school.

Part of the sentence should be that someone e-mails her this photo.
Every. Single. Day.

http://images.christianpost.com/full/79787/thomas-palermo-tom-palermo.jpg

Spdntrxi
10-28-2015, 11:02 AM
I hope she never drives agaun


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93legendti
10-28-2015, 11:40 AM
I stopped drinking the day I walked into court and happened to see my uncle with my alcoholic cousin, who was arrested again for drunk driving.

I would expect a term of the sentence should be that she never drinks again and never drives again. Since it was a plea deal, the prosecutor could have insisted upon these terms.

Shortsocks
10-28-2015, 11:51 AM
but that logic won't deter drunk driving. no one who get's behind the wheel drunk to get home after a night of partying and equates that with pre-meditated murder.

the risk equation for most people who drive drunk is: the worst scenario is that i get pulled over and lose my license for a year and have a bunch of legal costs.

This is my Experience with people who Drink and Drive often. Just mine

I knew people who Drive and Drive all the time. Most of them have had DUI's and STILL continue to Drive drunk. You can't have a Logical Conversation with these people because EVERYONE of them I know is a Selfish person. They are professionals, Educated people, some with kids. These people generally have lives that are out of Control and they are not only damaging to themselves in their daily lives but also to people around them..IE friends and Family.

What I have noticed with these people ,who Drink and Drive, is that its not an accident. They Drink VERY often. More than 4-5 days a week. And not just a single beer after work, its A ton of booze. I Always noticed that mostly every part of their lives includes alcohol. As if they cant seem to "Enjoy" or "Embrace Good Times" without some type of drinking. Its just crazy to me.

These people that I knew..I no longer associate with because over the years I have seen what damage they do themselves and Frankly me. I don't drink myself anymore. Haven't for years. I know it seems extreme but I've seen such a horrible side to this problem that I don't want to have any associations anymore with Self Destructive people like this. But that's just me, and my experiences.

Shortsocks
10-28-2015, 11:56 AM
On a side note. If there is ANYONE here in Dallas, that I've ridden with here on the Pace....and Needs a ride because they are Sh*tFaced. Shoot me text or a call. Seriously. I'll pick you up. And I wont even tell your wife. :no:

inlimbo87
10-28-2015, 11:59 AM
I think the leaving the scene part should be weighed more heavily, she left him to die and could have immediately stopped and called an ambulence, drunk or not. Her fleeing and calling someone was a total disregard for human life (something its hard under any circumstances to imagine a pastor would do).............

This x 1,000,000 .

rugbysecondrow
10-28-2015, 11:59 AM
This is my Experience with people who Drink and Drive often. Just mine

I knew people who Drive and Drive all the time. Most of them have had DUI's and STILL continue to Drive drunk. You can't have a Logical Conversation with these people because EVERYONE of them I know is a Selfish person. They are professionals, Educated people, some with kids. These people generally have lives that are out of Control and they are not only damaging to themselves in their daily lives but also to people around them..IE friends and Family.

What I have noticed with these people ,who Drink and Drive, is that its not an accident. They Drink VERY often. More than 4-5 days a week. And not just a single beer after work, its A ton of booze. I Always noticed that mostly every part of their lives includes alcohol. As if they cant seem to "Enjoy" or "Embrace Good Times" without some type of drinking. Its just crazy to me.

These people that I knew..I no longer associate with because over the years I have seen what damage they do themselves and Frankly me. I don't drink myself anymore. Haven't for years. I know it seems extreme but I've seen such a horrible side to this problem that I don't want to have any associations anymore with Self Destructive people like this. But that's just me, and my experiences.

Those people are call alcoholics. They will destroy everything around them, including themselves, because of their alcoholism.

Shortsocks
10-28-2015, 12:12 PM
Here is a HORRIBLE EXAMPLE OF DUI:

https://en.wikipedia.org/wiki/Carrollton,_Kentucky_bus_collision

27 Dead in one DUI Wreck. Larry Mahoney, who had previously had another DUI, Killed 27 People. He was sentenced to imprisonment for 16 years. 16 years?! That averages to 7 months Per Person Killed?! How does this make any sense?

mg2ride
10-28-2015, 02:50 PM
I wish Tom's family and Mrs. Cook nothing but the best for their futures.

gemship
10-28-2015, 02:51 PM
Here is a HORRIBLE EXAMPLE OF DUI:

https://en.wikipedia.org/wiki/Carrollton,_Kentucky_bus_collision

27 Dead in one DUI Wreck. Larry Mahoney, who had previously had another DUI, Killed 27 People. He was sentenced to imprisonment for 16 years. 16 years?! That averages to 7 months Per Person Killed?! How does this make any sense?

Very fascinating as I read the link you provided. It says that Larry Mahoney established himself as a model prisoner and when given the opportunity for early release due to good behavior he rejected it and decided to continue to serve his full sentence. You have to respect the guy for that. How many people would want to spend another six years in jail?

gemship
10-28-2015, 02:56 PM
I think the leaving the scene part should be weighed more heavily, she left him to die and could have immediately stopped and called an ambulence, drunk or not. Her fleeing and calling someone was a total disregard for human life (something its hard under any circumstances to imagine a pastor would do).............

Yep I remember reading about this in earlier threads. You nailed it!

gemship
10-28-2015, 02:59 PM
I'm glad she got jail time, but I don't have any idea if it was a reasonable length of sentence. Do any attorneys here know what the average sentence is for a drunk driver that kills someone? Add hit and run? If this is a lot lighter than normal, then I'll be incensed as well. If not, we need to take a look at sentencing guidelines for this sort of thing, particularly relative to victimless crimes like possession. Drunk driving is something that needs the harshest possible sentences IMHO.

-Ray

I got to thinking... I don't think even a manslaughter charge/conviction amounts to enough jail time in the views of many. These are all perceivably light sentences.

Llewellyn
10-28-2015, 03:55 PM
I think it's the leaving the scene and everything else that happened after that part of this story that should have been punished more. That's what was really despicable and unforgivable.

I expect that the church pulled some strings as well.

Peter P.
10-28-2015, 03:56 PM
I think the leaving the scene part should be weighed more heavily, she left him to die and could have immediately stopped and called an ambulence, drunk or not. Her fleeing and calling someone was a total disregard for human life (something its hard under any circumstances to imagine a pastor would do).............

You could argue that's not what she did because alcohol clouded her judgment.
Alcohol tends to do that.

There was a civil settlement referenced in the article, that it has been resolved. No details were provided.

One wonders whether the church exchanged judicial leniency for footing a padded bill in the civil suit on behalf of the pastor. It always interests me why the terms of these settlements are sealed.

unterhausen
10-28-2015, 05:17 PM
alcoholism is a horrible disease, and yet someone like Ms. Cook should know enough to get treated for it. She was obviously totally out of control, and people had to know.

mosca
10-28-2015, 05:49 PM
One wonders whether the church exchanged judicial leniency for footing a padded bill in the civil suit on behalf of the pastor. It always interests me why the terms of these settlements are sealed.

If the church did indeed pay a civil settlement, it was probably to avoid a lengthy and very public civil trial. The terms could have been sealed as part of the settlement. Some leniency might have been included, possibly with the agreement of Tom's family.
But I'm no lawyer, just speculating.

93legendti
10-28-2015, 05:49 PM
The criminal and civil matters are separate. No judge would link the two-it is wholly inappropriate. A different judge would have jurisdiction over the civil matter.

avalonracing
10-28-2015, 06:31 PM
alcoholism is a horrible disease, and yet someone like Ms. Cook should know enough to get treated for it. She was obviously totally out of control, and people had to know.

People would be surprised how well addiction can be concealed and of those who do think something is up very few have the courage to call someone out, report them when driving or cut the person out of their life (tough love).

Mr. Pink
10-28-2015, 06:55 PM
So many think that justice equals revenge.

Mr. Pink
10-28-2015, 06:57 PM
alcoholism is a horrible disease, and yet someone like Ms. Cook should know enough to get treated for it. She was obviously totally out of control, and people had to know.

Yup. Like she reached the level she did in her profession without her peers noticing. My bet is that the men in the church poured her many a drink during meetings and gatherings on her way up. Part of the culture.

bikingshearer
10-28-2015, 11:09 PM
Is it possible the civil suit settlement amount was negotiated and paid by the church with Cook's sentence offset based upon the settlement amount? All behind closed doors with a nod and a wink, of course...

Quite unlikely. You've read too many Grisham novels. I have a great deal of confidence that the reality is far more mundane and far less dramatic.

djg21
10-29-2015, 06:50 AM
but that logic won't deter drunk driving. no one who get's behind the wheel drunk to get home after a night of partying and equates that with pre-meditated murder.

the risk equation for most people who drive drunk is: the worst scenario is that i get pulled over and lose my license for a year and have a bunch of legal costs.

I've dealt with countless inmates serving time for various felony convictions, and have become convinced that the fear of prosecution, prison or other punishment rarely deters criminals. The sad reality is that most criminals commit crimes because they think they can get away without being caught. This is especially the case with those charged and convicted of DUI/DWI-related offenses, and especially when the decision to drive is made while already in an impaired state.

AngryScientist
10-29-2015, 06:54 AM
I've dealt with countless inmates serving time for various felony convictions, and have become convinced that the fear of prosecution, prison or other punishment rarely deters criminals. The sad reality is that most criminals commit crimes because they think they can get away without being caught. This is especially the case with those charged and convicted of DUI/DWI-related offenses, and especially when the decision to drive is made while already in an impaired state.

good point doug. tough situation.

djg21
10-29-2015, 06:55 AM
The criminal and civil matters are separate. No judge would link the two-it is wholly inappropriate. A different judge would have jurisdiction over the civil matter.

The criminal court may have considered restitution. it depends on the law in the jurisdiction.

djg21
10-29-2015, 07:17 AM
Yup. Like she reached the level she did in her profession without her peers noticing. My bet is that the men in the church poured her many a drink during meetings and gatherings on her way up. Part of the culture.

I'd bet that each and every one of us knows someone, or at least knows of someone, who is a functional alcoholic and would be surprised to learn that the person is "afflicted."

I'm not familiar with the evidence, but to suggest without basis that the church "had to know" or somehow was complicit in Cook's conduct is idle speculation. And why would it take men to pour Cook drinks at meetings?

rugbysecondrow
10-29-2015, 07:31 AM
I'd bet that each and every one of us knows someone, or at least knows of someone, who is a functional alcoholic and would be surprised to learn that the person is "afflicted."

I'm not familiar with the evidence, but to suggest without basis that the church "had to know" or somehow was complicit in Cook's conduct is idle speculation. And why would it take men to pour Cook drinks at meetings?

I agree with this. For every alcoholic you "know" has a problem, there are countless others you work with, go to church with, PTA, chat with on the Paceline Forum, who are hiding it very, very well on the surface. My father was a high functioning alcoholic. Professional, upwardly mobile career oriented, at work on time, no outward appearance of a problem. He would take us to the park in the early evening, help with dinner, but by the end of the night though, he would have consumed a case of beer, or gallon bottles of wine. If it ran out, and he was awake, he would drive to get more. He never drank at work functions, but he would occasionally pass out at a bar and my mom would put the kids in the car to get him, sometimes driving all over town trying to find which bar he went to. There were other issues you would also associate with somebody drunk and out of control. The difference between him and those who had lost everything (literally) is that he just hadn't gotten there YET.

There is a whole system of enabling that takes place, which creates unbeknownst victims, especially if they grew up like that. It took my mom leaving him, taking three kids, for him to seek serious help. That was 1984. Luckily he was able to work through his problems and we all had a much improved life for it. It could have just as easily gone the other way, in fact that was the most probable route.

Some will understand this, for some it will be very real. Others, just won't, and I guess that is a blessing. The truth: It is more than she has a drinking problem. She was a sneaky alcoholic who probably became a professional at masking her alcoholism.

She is wrong, she deserves her punishment. I would not treat her like the extreme though. Many people drive drunk daily, it is just good fortune most don't create havoc. We are surrounded by alcoholics.

93legendti
10-29-2015, 07:32 AM
The criminal court may have considered restitution. it depends on the law in the jurisdiction.

No question, but restitution is a criminal concept, not civil.

2 separate, unrelated matters, presided over by 2 separate judges.

93legendti
10-29-2015, 07:33 AM
I'd bet that each and every one of us knows someone, or at least knows of someone, who is a functional alcoholic and would be surprised to learn that the person is "afflicted."

I'm not familiar with the evidence, but to suggest without basis that the church "had to know" or somehow was complicit in Cook's conduct is idle speculation. And why would it take men to pour Cook drinks at meetings?

Agreed.

djg21
10-29-2015, 08:02 AM
[QUOTE=93legendti;1850356]No question, but restitution is a criminal concept, not civil.[QUOTE]

This is most often correct, but restitution can at time be imposed by a criminal court. It really depends on the State's penal law. I'm not familiar with Maryland's statutory law, but it apparently is common in some jurisdictions.

93legendti
10-29-2015, 08:15 AM
[QUOTE=93legendti;1850356]No question, but restitution is a criminal concept, not civil.[QUOTE]

This is most often correct, but restitution can at time be imposed by a criminal court. It really depends on the State's penal law. I'm not familiar with Maryland's statutory law, but it apparently is common in some jurisdictions.

We agree on restitution being imposed by a criminal court.

daker13
10-29-2015, 08:34 AM
I think she deserves much, much more time, especially considering she was a repeat offender and she left the scene. But I don't think that DA went easy on her, either.

To me, the question of remorse would be really important here. I feel sad just looking at the pic that was posted earlier, and I'm just an observer. Can't imagine what it would be like, to have taken away this guy's life. If she truly understands what she did, then that remorse is potentially much more severe than seven years in prison.

Does anyone know the answer to this? Has she publicly expressed remorse about what happened? Does Cook seem legitimately torn up about what she did?

soulspinner
10-29-2015, 08:42 AM
I think she deserves much, much more time, especially considering she was a repeat offender and she left the scene. But I don't think that DA went easy on her, either.

To me, the question of remorse would be really important here. I feel sad just looking at the pic that was posted earlier, and I'm just an observer. Can't imagine what it would be like, to have taken away this guy's life. If she truly understands what she did, then that remorse is potentially much more severe than seven years in prison.

Does anyone know the answer to this? Has she publicly expressed remorse about what happened? Does Cook seem legitimately torn up about what she did?

Valid question....

AngryScientist
10-29-2015, 08:51 AM
excellent point. at the heart of the matter here is that she created a situation that was 100% under her control and took a man's life. will we hear a public statement from her apologizing i wonder?

djg21
10-29-2015, 11:01 AM
excellent point. at the heart of the matter here is that she created a situation that was 100% under her control and took a man's life. will we hear a public statement from her apologizing i wonder?

According to media coverage, Cook at least professed to be remorseful. She supposedly turned to face the family during sentencing and apologized for the loss she caused them and accepted responsibility. I haven't read the transcript, and wasn't present to assess whether the apology was credible, or if perhaps the remorse she expressed was over the fact that she screwed up her own life. I'm sure this all calculated into the sentence imposed by the judge.


When Cook had her chance to speak, she drew herself slowly to her feet and asked the judge if she could turn to address the family directly. She paused for a few moments before she began.

"I am so sorry for the grief and the agony I have caused," she said. "This is my fault. I accept complete responsibility."

Then Cook turned back to Doory.

"I believe God is working through this, and I accept your judgment," she told him.


http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-heather-cook-sentencing-20151027-story.html

daker13
10-29-2015, 11:18 AM
http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-ci-heather-cook-sentencing-20151027-story.html

Recognizing that people can pretend to be remorseful when they aren't, and also act like they're not remorseful when they really are, I have to say that doesn't sound like a very heartfelt statement. There's nothing in those words indicating a real, sincere awareness of the pain she caused in the lives of his family and friends.

The reference to "complete responsibility" is borderline idiotic. Obviously, she's totally responsible; she got loaded and ran a man over; I can't think of anyone else who would be responsible.

rugbysecondrow
10-29-2015, 11:41 AM
Recognizing that people can pretend to be remorseful when they aren't, and also act like they're not remorseful when they really are, I have to say that doesn't sound like a very heartfelt statement. There's nothing in those words indicating a real, sincere awareness of the pain she caused in the lives of his family and friends.

The reference to "complete responsibility" is borderline idiotic. Obviously, she's totally responsible; she got loaded and ran a man over; I can't think of anyone else who would be responsible.


Honestly, there is almost nothing she could say which would fully demonstrate remorse.

We will never know what was/is in her heart, and it really doesn't matter.

This whole thing is sad.

93legendti
10-29-2015, 11:48 AM
honestly, there is almost nothing she could say which would fully demonstrate remorse.

We will never know what was/is in her heart, and it really doesn't matter.

This whole thing is sad.

+1