Showing posts with label diversion. Show all posts
Showing posts with label diversion. Show all posts

Thursday, April 12, 2012

Shocking Allegations Concerning Behavior of Knoxville Judge in Christian/Newsom Slaying

by Lee Davis

A Knoxville Criminal Court judge was so addicted to pain drugs during his last several years serving on the bench that he was having sex and buying prescription drugs on the street during courtroom breaks.

As we discussed here previously, Criminal Court Judge Richard Baumgartner unbelievably purchased drugs from people he had sentenced to prison.  Despite the nature of his acts while in office, most people around him did not know that Judge Baumgartner had a problem until months after he stepped down from the bench in March 2011 for a single count of official misconduct. As new allegations continue to surface about his behavior, others question whether he was sober enough to have effectively performed his job.


The high profile Christian/Newsom case was thrown out by a special judge who ordered new trials after revelations of Baumgartner’s illegal acts while on the bench. Many other defendants are lining up for a similar attempt to get their convictions overturned. The requests for new trials could overwhelm the Knox County justice system, as Baumgartner had a prolific caseload, being one of three judges in the county who heard felony criminal cases.

“We’re getting pleadings almost daily now from people in the penitentiary filing habeas corpus saying, ‘Let me out too.’ It’s raining over here,” said Knox County District Attorney General Randy Nichols.
Baumgartner got away from all of misdeeds relatively unscathed, leaving the bench to enter rehab and then having a judge give him a sentence which permitted him to erase his felony conviction if he stayed out of trouble. The sentence also allowed Baumgartner to avoid jail and keep his full pension. The judge has since said he would have meted out a tougher sentence had he known the full picture.
Nichols now says that he went to speak to Baumgartner in 2010 because he was concerned about the man’s health, never suspecting narcotics could be involved. Little did Nichols know just how bad his former friend had fallen into his addiction. The judge doctor shopped to get his hands on oxycodone, hydrocodone, Xanax and Valium. When he ran out of doctors he turned to ex-convicts, some of whom he sentenced himself.

One large supplier, AP reports, was a woman who graduated from the drug court that Baumgartner created and presided over. The woman regularly provided both pills and sex to the married judge, sometimes during breaks from court in the judge’s chambers. The woman also discusses instances where Baumgartner paid her for drugs and sex as well as provided bail money after an arrest. He went even further and falsified a drug test after she tested positive while on parole.

Another dealer was sold the judge pills during court breaks as well. He says that he gave Baumgartner extra pills when he had to travel to Nashville where the Christian/Newsom jury was being chosen. 
Prosecutors are currently appealing the decision to retry the four people convicted in the 2007 slayings of the young couple. Whether the appeal will be successful remains to be seen but it’s clear that Baumgartner’s behavior has damaged the criminal justice in Knox County and that damage will take years to repair.

Earlier:

Saturday, March 31, 2012

New Tax for Diversion Applicants is a Bad Idea

Rep. Eric Watson, Photo by Associated Press
by Lee Davis


The Tennessee House passed a new tax this week that will require people to pay to have their name cleared upon the completion of diversion. HB 2774 (here), sponsored by Rep. Eric Watson, Cleveland, introduces the new tax. The new part is a $100.00 tax that must be paid to the court when requesting diversion. Also added is an increase in taxes that will escalate the amount required to clear one's name to $350.00. Thus, the total cost to have a record expunged after diversion will be $550.00 when the local fee for Hamilton County is added. The house bill has been sent to the TN Senate for passage. If signed by Gov. Haslam, the law will go into effect July 1st. This is a bad idea.Who will this bill affect, and what is diversion? Let's start with diversion; there are two types: judicial diversion and pretrial diversion.

Judicial diversion is a way many minor cases are settled for first time offenders.  Let's say you have a daughter who is home from college and gets arrested for using her sister's ID to get into a club or who actually drinks in the club.  The offending person is potentially guilty of underage drinking and using a false ID, both crimes.  If the person accepts responsibility and has no criminal record, the court may defer court proceedings without entering a judgment of guilty--with the consent of the prosecutor.  Under this example, the student will now pay $100 to be considered for diversion and $350 more (plus $100 local fee) to have their record expunged after completing diversion.  Previously, the person paid $150.

Pretrial diversion is for those with the least culpability who find themselves ensnared in the legal system. Let's say a person writes a check for a service and then disputes the service, placing a stop-payment order on the check.  The merchant then swears out a criminal warrant for theft of services.  Under this scenario each person believes the other is the culprit. The check writer may find herself in court, charged with a crime.  If the district attorney believes the explanation, he may offer the person pretrial diversion with an understanding that the case will be dismissed and expunged.  Most people, completely innocent people, will accept this disposition rather than endure additional trips to the courthouse to prove their innocence. Under the new law, this person will also be forced to pay $550 to have her good name cleared for actions that she believed were completely honest and ethical.

There is good reason to have records expunged.  Background checks are routine for employers, higher education and many other reasons.  A minor charge--even when explained--often will result in a job or school denial when found on a background check. Diversion is granted one time and only for good cause. The result is that many ordinary people may have their records expunged and reputation restored upon successful completion of diversion.  A modest fee for the service has always been the rule.  This week's action by Rep. Watson and the house will place a new heavy financial burden on many. This new tax will effect every citizen who seeks diversion. Without paying the new application tax, there will be no consideration of an application for diversion.  Without payment of the increased tax, no record will be expunged.  Many across the state who cannot afford these new and increased taxes will be harmed.