OFF THE WIRE
http://www.wacotrib.com/news/Judge-receives-more-than-1000-letters-about-legally-blind-womans-sentence-for-killing-biker-in-traffic-accident.html Judge receives more than 1,000 letters about legally blind woman's sentence for killing biker in traffic accident By Tommy Witherspoon Tribune-Herald staff writer
Tuesday June 15, 2010 Email Print Imagine 1,000 motorcycles revving up in front of the McLennan County Courthouse and roaring down Washington Avenue to call attention to a case involving the traffic death of a fellow motorcyclist.
If you believe a statewide campaign that has generated more than 1,200 letters sent to 19th State District Judge Ralph Strother, the motorcycle rally could be held July 19, the day that Trena Evette Mitchell is scheduled for sentencing in the Dec. 12 death of Richard Craig Schroeder, a motorcyclist known to his biker buddies as “Hat Trick.”
Strother’s staff opened about 300 more letters Monday from motorcycle enthusiasts urging the judge to reject a prosecutor’s recommendation that Mitchell, who was driving a car with four children as passengers despite the fact that she is legally blind, be placed on deferred probation.
Court workers Ellen Watson, right, and Kristen Schlemmer sort through more than 1,200 letters the court has received since the plea. Jerry Larson/Waco Tribune-HeraldWhile Strother is taking notice of the letters and interest in the case, he is not amused at the thought of the threatened mass of motorcycle muscle.
“I operate a court of law, not a court of public opinion,” Strother said. “I will do what I believe the law, the evidence and justice requires me to do. Public sentiment and justice aren’t necessarily the same thing.”
Mitchell, 39, who receives disability payments because of her poor eyesight, pleaded guilty May 17 to a second-degree felony manslaughter charge in the death of Schroeder, a member of Bikers Against Child Abuse who was out collecting toys that day for children whose parents are in prison.
Strother is reviewing a pre-sentence report from probation officers before sentencing Mitchell.
Most of the letters sent to his court are from bikers in Texas and Louisiana, his staff said.
Most appear to be form letters circulated via e-mail that encourage the judge to “take this menace off the street and give her a penalty she will remember.”
Waco attorney Phil Martinez, who represents Mitchell, said he thinks the letter-writing campaign is inappropriate.
“The judge, in his position, is supposed to be a fair and impartial party to this, and no judge should be influenced one way or another,” Martinez said. “I know Judge Strother personally, and I know he is not going to be influenced. He is going to do what he thinks is appropriate, the same that any judge would do.”
Mitchell has been issued at least two previous citations for driving without a license, according to court records.
She told police she didn’t see the motorcycle coming toward her and did not see any other vehicles before turning left onto Martin Luther King Boulevard from East Lake Shore Drive about 1 p.m.
Martinez said he is unclear where Mitchell was going with the children but said she felt compelled to drive because her husband was not available to drive her.
Schroeder’s 1998 Harley-Davidson motorcycle and Mitchell’s 2007 Honda Accord collided, sending Schroeder sailing over the car.
He landed 93 feet from the point of impact, according to reports filed in the case.
Trena Mitchell “The pending plea bargain for this woman does not exemplify ‘punishment to fit the crime.’ No plea bargain should even be considered,” Jack Kelley, a biker from San Antonio, wrote the judge.
Briant Peterson, a 51-year-old member of the Confederation of Clubs & Independents who is called “Spock” by his fellow riders, said he is planning to ride his motorcycle from Spring in Harris County to Waco on the day Mitchell is sentenced.
Peterson said he has been riding since 1978 and is a member of the “Million Mile Club,” meaning, in his case, he has ridden his motorcycle 1.5 million miles without an accident.
“It is conspicuous when a biker is killed or injured that he gets different treatment because there is prejudice and discrimination against us riders,” he said. “Another thing is that we are more vulnerable, so we are involved in a lot more accidents that are not our fault, and we would like to see punishment be equal, and we are not seeing that.
“Whether it is perceived or actual, it surely seems like when someone flagrantly violates the law and puts people in jeopardy and gets deferred probation, that would indicate that his life was not valued in the eyes of justice as we valued his life. He was wrongfully killed,” Peterson said.
Prosecutor J.R. Vicha, who is handling the case with Hilary LaBorde, said they would not comment on the case while it is pending.
Here's a question...
When MADD shows up in numbers during a DWI case, does he admonish them?
On 6/17/2010 8:22 AM, Gypsypashn@aol.com wrote:
Strother is taking notice of the letters and interest in the case, he is not amused at the thought of the threatened mass of motorcycle muscle.
“I operate a court of law, not a court of public opinion,” Strother said. “I will do what I believe the law, the evidence and justice requires me to do. Public sentiment and justice aren’t necessarily the same thing.”
