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Saturday, June 20, 2009

Obscene and grossly unfair

Blind justice?

Fuhgeddaboudit.

No, no, anyone who thinks justice is blind need only read the Kansas City Star newspaper this morning. It begins on page A4 under the headline "Prisoner's Release Spurs Ire of Family."

As well it should.

I wrote about this earlier, when it originally happened.

It seems a young 21 year old Curtis Mertensmeyer of MISSION HILLS, KANSAS (keep that address in mind) is to be released now, after having KILLED Daniel Reimann, 25, "as he was crossing Ward Parkway on foot near 55th Street."

Curtis killed another man while drunk driving, late at night near his home in one of the absolutely wealthiest neighborhoods in town. For this he, Mertensmeyer, served a whopping 120 days in jail.

Can you say "slap on the wrist?"

Check the stats:

"The victim's body was found 139 feet from the impact, his severed leg another 200 feet beyond that."

Nice, huh?

But wait, as they say, there's more--much more:

It seems this wealthy Mertensmeyer is a graduate of--where else?--Pembroke Hill and a student of Tulane University. Mertensmeyer "admitted drinking that night, speeding when the accident occurred and then fleeing the scene."

But besides the rich kid and his family getting justice at the expense of the poor schmuck, what really has to get you about this ruling by the judge--one Jackson County Circuit Court Judge John Torrance--is that he and the court ended up BLAMING THE VICTIM for getting struck by the other drunk driver and killed.

Check it out. The judge says "It is clear that the extreme intoxication of the victim was a significant contributing factor to his being struck by the defendant's vehicle."

That is beautiful.

So it's the victim's fault FOR GETTING STRUCK BY A CAR, DRIVEN BY A DRUNK DRIVER.

Wow.

I just thought the judge might admit the truth, and that is that the wealthy family and their position in society and their wealth is getting him off the hook but no. I should have known better than that.

In fact, the judge indignantly insists "that the defendant's ZIP code and family wealth played no role in his" (the judge's)"decision."

Yeah, right.

And pigs fly.

Listen to the state of Daniel Reimann's--the "guilty victim's"--body: "...head trauma, both femurs and pelvis broken, aorta cut, spinal cord severed, lacerated spleen and liver."

And let's not forget that amputated leg.

You wouldn't think it could get any worse, would you? But, oh yeah, it does. This all happened on Mother's Day.

And then there's the fact that Mertensmeyer was driving his Mommy's 2003 Saab (cheap car, you knew that, right?), he LEFT THE SCENE OF THE ACCIDENT and "Five days would pass before Mertensmeyer surrendered to authorities."

Sounds innocent, doesn't he?

So young Daniel Reimann was in the wrong neighborhood--in this case, an extremely rich one, and you know how THEY are--got hit by a car and it's his fault.

My God, Judge Torrance, that is magnificent.

Actually, though, it shouldn't surprise me at all. It's a slight twist on an old, old story. To wit, if you're poor--or in this case, just not as wealthy--it's your fault.

There are so many things stunningly obscene, grossly unfair, unjust and ugly about this, it's hard to name them all.

Foremost in mind right this moment is how Curtis Mertensmeyer, his Father, his Mother and one Jackson County Circuit Court Judge John Torrance can live with themselves.

I, for one, will be sure to remember Judge John Torrance's name, come election time.

11 comments:

rubigimlet said...

thank you. whatever it may or may not amount to, the regular people of Kansas City -- you know the ones who ring you up at Banana Republic and the 6th grade teachers and the stay at home moms and ... -- stand together in Mrs. Riemann's outrage. The whole lot of Mertensmeyers and their entourage stand for everything that is wrong with Kansas City and everything that is wrong with privileged America.

Mo Rage said...

rubigimlet,

the outrageous and obscene unfairness of this whole situation, along with this ruling, was just more than I could bare. The words came easily, trust me. It's all that is wrong with a world that puts money before "right", for sure.

thanks for your note.

Mo Rage

Sophia said...

I can say "slap on the wrist." Can you say "get some perspective"? Are you a career criminal that 120 days in jail seems like nothing to you? You imagine that a felony conviction is akin to a speeding ticket? Did you read the part where probation (presumably based on lack of prior criminal record) was recommended but Judge Torrance sentenced him to prison anyway?

I know what a sweetheart deal looks like, and this wasn't one. I understand the rage of the victim's family. What punishment could feel like enough to make up for the death of their son? But there's a reason we don't let victims set sentences - it's that lack of perspective.

Mertensmeyer got drunk and took a life. For this, he has spent 120 days in jail and will be haunted by a felony conviction for the rest of his life. Do you know anyone who's spent more than 2 days shock time in jail? Do you know anyone who's tried to get a job with a felony record? Jail sucks, and even with his parents' money a lot of career doors just slammed in his face. His punishment isn't over just because he's not incarcerated.

As for blaming the victim, if Reimann had been walking up the hill of Ward Parkway north of 55th then fell down the hill, hit his head on a tree and died, then might you consider his three times the legal limit BAC a contributing factor to his death? I don't know the details of what happened in this accident, but it's not difficult to imagine that Reimann's drunken state caused him to take foolish risks.

It's a sad story all around. And it's certainly true that money can buy a better deal in some cases. I just don't think this is one of those cases.

Mo Rage said...

Holy cow, Sophia,

Did you read the description of the body and crime scene?

To repeat:

""The victim's body was found 139 feet from the impact, his severed leg another 200 feet beyond that."

And then there's the body itself:

""...head trauma, both femurs and pelvis broken, aorta cut, spinal cord severed, lacerated spleen and liver."

A severed aorta? Do you know how fast the driver had to be going to hit this guy to sever his aorta? And it's the pedestrian's fault he was in the wrong place at the wrong time?

The driver also left the scene of the accident.

That same driver also didn't turn himself in for 5 days.

All I'm saying is that this 21 year old kid got off way too easy. I don't think anyone can even doubt or question that here.

Mo Rage

Mo Rage said...

Oh, and "if Reimann had been walking up the hill of Ward Parkway north of 55th then fell down the hill, hit his head on a tree and died, then might you consider his three times the legal limit BAC a contributing factor to his death?"

That isn't remotely comparable to what happened in this case.

That's such an extremely overly-simplistic description as to not at all be comparable to what happened here, with all due respect.

Mo Rage

Hyperblogal said...

Add Sophia to the list of people making excuses for this kid. His mother, who tried to cover up the crime, the judge who blamed the victim... sheesh... welcome to Alice in Wonderland.

Mo Rage said...

Oh, and I do "know anyone who's spent more than 2 days shock time in jail"... and someone "who's tried to get a job with a felony record"--both, yes, absolutely.

Actually, my boss hired a young man right out of prison. He didn't work out long-term but we gave it a shot.

And I'm solidly middle-class, too.

If you think 21 year old Curtis Mertensmeyer isn't going to have a true career one day, you are a surprising pessimist, I have to say, and not realistic about his perspective chances at life.

Mo Rage

Dave Randal said...

Another thing that is crazy about this is that the kid actually gets his driver license back. I read that in the paper the other day and couldn't believe it. You'd think that if you were drunk driving and killed someone you would at least get your license yanked for at least a year!!

Mo Rage said...

Dammit, Dave, how can we possibly enable young, wealthy white kids if we don't give them back their drivers license, even if it is after separating another young man's leg from his body and rupturing his aorta, etc., etc.

This young man is going to be a pillar of society one day.

Mo Rage

Sophia said...

All I'm saying is that this 21 year old kid got off way too easy. I don't think anyone can even doubt or question that here.

I am questioning it. I don't think he got off easy. And I don't think society benefits from incarcerating him further. I understand the Reimann family's anger, but punishment is supposed to be about the safety of society, not measuring the value of the victim's life. It doesn't always work out that way, but that's the way it is supposed to be.

Do you think if Mertensmeyer had killed a homeless guy with no family to cry for the prosecutor and judge that his punishment would've been the same? I don't. Do you think people would have an easier time seeing how a homeless guy with a .24 BAC crossing the street in the middle of the night at a spot where he had a limited view of oncoming traffic might have contributed to his own death? I do. That doesn't change Mertensmeyer's criminal culpability, but it would be a factor in any civil action.

Reimann's death is heartbreakingly sad. Mertensmeyer is responsible for it. But that doesn't make Mertensmeyer an evil human being or an ongoing threat to society. You focus on the state of the body, but it's not like Mertensmeyer did it on purpose. And it's not like he'd be innocent if there were a less gruesome crime scene.

Hyperblogal,

I'm not making excuses for Mertensmeyer at all. I'm defending the Judge and the system more than anything. The deal with the mom is pretty weird. The judge calling her out in open court is highly unusual. There are enough details in this case to make speculation very tempting (Pem Hill to Tulane in New Orleans? hello, spoiled irresponsible drunk!), but keep in mind it is just speculation. I don't think we know enough about what happened here to come to the conclusion that the judge behaved improperly.

Mo Rage said...

Sophia,

No where, not once did I suggest Mr. Mertensmeyer was as "evil human being." Far from it. He's not evil. He was irresponsible. Grossly irresponsible.

I focus on the state of the body purely to emphasize how fast Mr. Mertensmeyer was going and, again, how irresponsible that was, that's all. It's an extremely valid point and adds significantly to the case.

Like Hyperblogal, I think you did, in fact, make excuses for Mr. Mertensmeyer and, like the judge, you ended up putting the blame back on the victim for his own dismemberment and death. Seriously.

Let's get back to the facts, too, that Mr. M left the scene of the crime AND didn't turn himself in for 5 days. Those aren't factors?

Finally, actually, I think society would, in fact, be served by a longer sentence for Mertensmeyer. I think he would think it a much more serious offense that deserves a lot more thought, the longer he's in jail. Truly.

I couldn't imagine anyone taking the side of Curtis Mertensmeyer but, honestly, didn't think a woman out here would. I guess you're thinking of Curtis Mertensmeyer as a son instead of Daniel Reimann and his destroyed corpse as one. I don't know. I can't figure that one out.