Stupid Sentence of the Week

By TChris, Section Crime in the News
Posted on Sat Dec 02, 2006 at 07:00:04 PM EST
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It doesn't pay to party in Macomb County, ~~Georgia~~ Michigan.

In what her father called "outrageous" and her attorney called "ridiculous," a 23-year-old Eastpointe woman was sentenced to 30 days in jail and highly restrictive probation conditions after being given a misdemeanor ticket for excessive noise at her house.

Some neighborhood residents signed a petition complaining about Carmen Granata's parties, but Granata says her immediate neighbors support her, and her father notes that the person who circulated the petition has a pattern of complaining about his neighbors. Whatever Granata's neighbors may think, jail is an obscene response to a loud party. Granata thought the charge wasn't a big deal, and she should have been right.

The sentence, tougher than many defendants in Macomb County receive for a first felony conviction, came after Granata pleaded guilty to violating the ordinance. Granata, who did not have an attorney, had been told by a city attorney that she likely would be fined a minimal amount if she pleaded guilty, according to her father, Joe Granata.

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Stupid Sentence of the Week | 24 comments (24 topical)

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This isn't Georgia, it's Michigan. (5.00 / 1) (#5)
by masondav2004 on Sat Dec 02, 2006 at 10:27:51 PM EST

FYI.
Yeah, this judge is pretty out of line.

Whether this is a message to the unlawyered or not, this sux.

Fun is a crime now, apparently. God Bless America.

Aside from the punishment, (none / 0) (#1)
by aw on Sat Dec 02, 2006 at 07:18:36 PM EST

which is certainly unusual, I would hate to be the neigbor who complained about her right now.

: Why? (none / 0) (#22)
by angelsmission on Fri Dec 29, 2006 at 11:07:25 AM EST

They did the right thing I bet you it's nice and Quiet now and people on that street can finaly sleep!

It was a message to the unlawyered (none / 0) (#2)
by bx58 on Sat Dec 02, 2006 at 08:21:23 PM EST

Come on. Have you ever heard the judge ask the defendant "do you have a lawyer", do you understand you will probably need a lawyer, you should get a lawyer?"

A clear message to the lawyerless. Get and pay a lawyer or you're going to jail.

methinks the judge may have (none / 0) (#3)
by cpinva on Sat Dec 02, 2006 at 08:24:39 PM EST

overstepped her judicial boundaries just a tad. some of the conditions seem wholly unrelated to the actual offense.

correct me if i'm wrong, but i don't think judges enjoy immunity from civil suit, for civil rights violations. this judge may well have just put herself, and her county, in a fiscal bind.

frankly, the judge had no business paying any attention whatever to any petition, from anyone, in considering the sentence.

i'm going out on a limb here, and i'm going to assume this is an elected judge.

and two years probation (none / 0) (#4)
by Jen M on Sat Dec 02, 2006 at 09:28:50 PM EST

with drug testing and alcohol testing? What has the judge been smoking?

: Maybe he got burned... (none / 0) (#6)
by Edger on Sun Dec 03, 2006 at 08:11:21 AM EST

...and was in a bad mood that day.

Just another chink in the "armor"... (none / 0) (#7)
by Bill Arnett on Sun Dec 03, 2006 at 10:14:49 AM EST

...of our civil rights and yet again evidence that there are people who desire to turn America into a totalitarian state.

She should immediately appeal this as the prosecutor deliberately gave her bad legal advice. I would think the judge may have erred by including the two years probation with drug and alcohol testing which are not even tangentially related to her "crime".

This is really strange. Here in California if you violate a city ordinance like this it is treated as an infraction, where the only possible outcome is a monetary penalty and nothing more. No jail time or probation possible, just a fine.

Thank Goodness.... (none / 0) (#8)
by kdog on Mon Dec 04, 2006 at 12:04:13 PM EST

I have good neighbors who have the common decency to knock on my door if they think I'm making too much noise...instead of dropping a dime and calling the guys with the guns.

: amen to that (none / 0) (#21)
by angelsmission on Fri Dec 29, 2006 at 11:04:03 AM EST

Yeah I heard several times the neighbors tried that but it did not work it only got worse so thay had no other choice but to get the police involved!

Don't know about anyone else (none / 0) (#10)
by Edger on Wed Dec 06, 2006 at 06:35:21 AM EST

but I won't even attempt to read that. Lower case, and paragraphs, would help.

This is an insane punishment... (none / 0) (#11)
by crb726 on Wed Dec 06, 2006 at 11:47:09 AM EST

Carmens Dad is a good friend of mine and below is a letter that he wrote detailing the situation. Please read and pass on...

December 2, 2006

FOR IMMEDIATE RELEASE

GROSS MISCARRIAGE OF JUSTICE FOR EASTPOINTE MI CITIZEN

My daughter, Carmen Granata, resides in Eastpointe, MI. She was recently given a summons for a "City Noise Ordinance". Carmen went to court on November 21st to pay her ticket. The court attorney asked her how she was going to plea. Carmen asked the attorney what would happen if she just pled guilty and was told she would probably just have to pay a fine. So my daughter pled guilty to the noise violation and was sent into the courtroom, ready to pay her ticket.

In the courtroom, she found two neighbors from down her street - these neighbors had a petition signed making all kinds of false accusations against my daughter and the "goings on" at the house. However, my daughter had letters from her immediate next door neighbors (they gave them to her because they had heard about the petition) saying they do not have any problems with her house.

Carmen tried to present her evidence to the judge but the judge would not even consider them. My daughter was not allowed to defend herself or counter the allegations made by the neighbors present in the courtroom or on the contents of the petition! She was not allowed to defend herself since she had already pled guilty before she entered the courtroom!

As a result, she is currently in the Macomb County Jail with a 30 day sentence for this FIRST TIME OFFENSE of an Eastpointe city noise ordinance! She has no prior criminal record or violations. She was sentenced on allegations and accusations made, which she denies. We have now become aware that these plaintiffs have a history of calling the police on neighborhood households for trivial matters.

In addition to the 30 day jail sentence and almost $2,000 in court costs and fines, my daughter also faces 2 years of probation with the following conditions:
*    100 Hours of community service
*    No person's to "flop" or overnight visitors
*    DAILY preliminary breath tests at the Eastpointe Police Department and at 38th District Court.
*    No non-prescriptive drugs/No alcohol. Random testing 1 time per month or at the direction of the probation officer; any low creatinine levels are an immediate violation. (Again, this was a noise violation ticket)
*    Any violation = 60 days Macomb County Jail
*    Attend and complete the Eastpointe Offenders program with a fee of $120.00
*    May be subject to home visit by the probation officer
*    Only have a party if approved by neighbors who signed petition (explained below)

Those listed above do NOT reflect all of the conditions...there are even more!

Our attorney filed a Motion for Early Release and Reconsideration of the sentence on November 29th and Judge Norene Redmond, who sentenced her, DENIED the motion. So, my daughter could remain in the Macomb County Jail until December 15th!

No one can believe my daughter is in jail and being penalized further by the conditions of the probation for the "crime" committed! I am told there is nothing we can do about it since she pled guilty and the judge was within her judicial rights! How can something so blatantly wrong, excessive, and harsh be followed up with "there is nothing you can do"!?

I need help in bringing this GROSS injustice and abuse of judicial power to the public's attention. My daughter's life is being ruined and each day she sits in jail, is one day too many.

Ray Sayeh from Channel 7 is working on doing a story. The Macomb Daily News has also made a Lead Story on this issue today! In addition, I have been invited to appear on Detroit's Channel 2 news at 10pm this evening. Our Attorney, Michael P. Kavanaugh, (586) 776-1700, can verify the facts of this case.

Please email or call the below media outlets telling them that something has to be done stop this travesty of justice! It is inconceivable that Carmen's future and reputation will be scarred because of a NOISE Violation ticket in Eastpointe, Mi where she is a citizen and homeowner! Think of how you would feel if this happened in your neighborhood or to one of your loved ones!

Please help us get adequate media exposure to have this injustice righted!
Also, we encourage you to share this story with as many people as you can!

I can be reached at granataj@comcast.net
Thank You for your help!

Joe Granata

(When emailing, please make the subject line: Carmen Granata)

WRIF:
DREWMIKE@WRIF.com

Detroit News:
Macomb County Bureau
7 North Main, Suite 208
Mt. Clemens, MI 48043
(586) 468-0528; Fax: (586)468-3634
Bureau Chief: Kelley Root
kroot@detnews.com

Detroit Free Press:
Macomb bureau: ntrela@freepress.com
586-469-4680, fax: 586-469-1097

Macomb Daily:
Managing Editor, News -- Ken Kish (586) 783-0228
ken.kish@macombdaily.com

Fox2 Detroit:
Fox Network Viewer Comment Line 310.369.3066
www.myfoxdetroit.com (Go to contact us tab)

WDIV Channel 4:
For investigative stories, call the Rescue 4 Undercover at 313-223-CALL4, or send an e-mail below.
http://www.clickondetroit.com/contact/index.html

FOX NEWS.COM
Bill O'Reilly - O Reilly Factor
Hannity & Colmes
*Enter the story into the left pane of the web site where it states:
Send news tip to FOXNews.com

: As well as the media.... (none / 0) (#12)
by kdog on Wed Dec 06, 2006 at 12:51:27 PM EST

Joe...I'd get a couple hundred of your closest friends or people from the community concerned about this outside the jail protesting 24/7 till your daughter is released.
Might as well hit the courthouse too. Heck, picket the judges front lawn and show that punk this crap will not stand in the land of the free.
Good luck!

: Tell rhe truth dad (none / 0) (#17)
by angelsmission on Fri Dec 29, 2006 at 10:26:24 AM EST

Maybe if you all would tell the truth your story would make a little sense.She went to jail not because some guy who lived down the street had nothing better to do with his life Bull!this neighbor your talking about lives across the street from carmen and you know that and also not all the neighbors you stated on both sides signed for carmen only the one across the street who has alot in common with carmen and one that lives about 6 or seven houses away on the opposite side of carmens house sign for her!The police report states that for the fourth time that day they were called to that house and the last time the officer parked down the street and heard yelling and screaming coming from a party at her house.Not a cell phone call like you all are trying to say!if it was a girl on a cell phone she would have got the ticket dont ya think?I know this neighbor your trying to say calls the cops on petty things that is also a lie to try to make your story seem better .Shame on you guys for all the lies and accusations with out facts!We have a right to peace and quite on a sunday morning espeacialy for some is there only day to sleep in How rude !

protest (none / 0) (#13)
by roger on Wed Dec 06, 2006 at 01:05:16 PM EST

I was involved in an unjust jailing about 15 years ago. The woman arrested had a friend in Operation Rescue.

Buses showed up at the courthouse, and about 50-60 professional protesters got to work. In less than an hour, the woman was thrown out of the jail.

BTW- She was jailed for refusing to leave her home, the local town was demolishing it as she had refused to pay a bribe.

Dont ever visit Skaneateles, NY!

If you deserve it, serve it! (none / 0) (#14)
by dhvac on Wed Dec 06, 2006 at 06:51:58 PM EST

She has whats coming to her. That is why we have laws. I'm tired of all the picking and choosing to which criminals should be punished.

Carmen shows no respect to her neighbors or the law. Now she can sit and think about being a little more respectful of her neighbors.

I live three streets away and have to put up with her B.S.
The days of high school parties are over for this 23 year old!
I applaud judge Redmond

Those who disagree don't have to listen to all the disruption at 3am

obviously don't know what ur talking about (none / 0) (#15)
by uofmgrl01 on Thu Dec 07, 2006 at 10:51:19 PM EST

"she has what's coming to her?"
that's load of bs, because she hasn't done ne thing wrong! a lot of people have parties, this was ONE she had that was not even loud. ppl were sleeping, and a girl was outside talking, on her cell phone...quietly...so yeah, "lets call the police!" because she's on her phone late at night and i can hear here across the street, 4 houses down! yeeeaaaah....

"Carmen shows no respect to her neighbors or the law."
if she shows no respect to her neighbors, how come the ones on either side of her and right across the street have had NO problems whatsoever with her? they even support her in all that is happening. highly doubt they would do that if she shows no respect to them whatsoever. it is just this one neighbor, mind you, who doesn't even know her (or live by her no less) that seems to have a problem. a neighbor that is known to start up stuff with new neighbors all the time. sounds like he is the disrespectful one here. i mean, doesn't make much sense, he doesn't even live by her! then to go around and spread falsities about her to other neighbors...how grown up are we now? shows me that he has nothing better to do with his time than go around harrassing other people when they did nothing to him or others to deserve it. this sentence is utterly ridiculous...and justice WILL be served!


: sorry more lies (none / 0) (#18)
by angelsmission on Fri Dec 29, 2006 at 10:42:09 AM EST

only 3 people sign for carmen and that was after she found out about the other neighbors petition that she asked people for there support and only 3 on the block gave it to her!One was next to her but is rarely home the other was one that has alot in common with carmen and the last one was 6 or seven houses across the street who is friends with #2 signer!so please people come to reality already!there were14 neighbors who all had a problem one way or the other with carmen or her guest from right next door to diangle across the street all the way to about 5-or 6 houses down the street on both sides!if it wasnt the parking,it was the beer bottles and garbage left for everybody besides carmen to pick up,if it wasnt being awakend in the middle of the night from people coming and going and their vulgar language,fighting in the street,trying to destroy halloween decorations and being caught and told to f-off peeing on our lawns and being caught by neighborchild that was awakeing by the noise and looked out their window,to the vomiting on the lawn which happen that night and the cops seen the vomit and documented it! so please people before you make your mind up find out the facts first and see what these neighbors realy had to go through and see why the judge did what she did before slamming her .

: Hello......... (none / 0) (#20)
by angelsmission on Fri Dec 29, 2006 at 10:59:19 AM EST

I read the neighbor your refering to lives across the street from that house so quit lying already people!! I believe these neighbors did the right thing and stuck up for their rights for peace and quiet.After 11:00pm loud noise is a violation and considered disturbing the peace!what time did the cops come 1:00am then 4:00am huh I wonder why this happen?

some additional information... (none / 0) (#16)
by crb726 on Mon Dec 11, 2006 at 01:13:40 AM EST

I have heard many people say that "there has to be more to the story". Well, I just found out the other day that there is a little more to the story, but it's probably not what you expect...

To me it seems pretty dang contradictory that one of the neighbors who complained about the noise and how his neighbor Carmen did not have any respect for the other neighbors because she was throwing parties and being loud, would procede to take an empty liquor bottle and walk over towards his "noisy" neighbors house and heave the bottle at their driveway so it shatters everywhere.

I think before someone starts to point fingers at other neighbors for behaving a certain way, they need to take a good look at themselves. There is a proper way to handle a dispute you may have with a neighbor and I don't believe breaking bottles on their property is one of them...as they say two wrongs do not make a right! The police obviously felt the same way because they proceeded to arrest this neighbor (Richard Jordan - case numbers 06B107899B and 06B107899 which can be looked up on www.courts.michigan.gov) for disorderly conduct as well as resisting arrest. It will be interesting to see what type of harsh sentence this neighbor will get for this arrest when he goes for his court case on December 15th. I mean if Judge Redmond hands out 30 day jail sentences with 2 years probation for a noise violation this guy could be looking at life without parol!

The police report notes that this was a crime against Carmen Granata...so she is also a victim here. The other interesting fact of this arrest is that Richard Jordan initially refused bail because he said that he wanted to speak with Judge Redmond in the morning. Hmmm, could it be that this neighbor knows or is friends with Judge Redmond? Could it also be possible that the judge told Mr. Jordan to get a petition together and show up in court on Carmen's court date and that she (the judge) would take care of the rest? Granted I have no proof of the later part of this but the fact that Richard Jordan was going to refuse bail and that he said he wanted to talk to judge redmond is in the police report that was filed.

He was probaly sick of picking up after them!!! (none / 0) (#19)
by angelsmission on Fri Dec 29, 2006 at 10:53:09 AM EST

he wouldnt been in this whole mess if carmens guest would have picked up there beer bottles and garbage after there partry's now would he? From what I heard he cares about his property and takes care of it so it looks nice for everybodys advantage and we have a bunch of irresponsible young adults that dont give a crap and pee on his lawn and trash it with glass beer bottles I would of been sick of it to.What i have researched is that he tossed one of there bottles back on the lawn but missed and the bottle broke and of course he went to jail for it .Atleast he can admit he was wrong! can any of you?


: well, no angel................ (none / 0) (#23)
by cpinva on Fri Dec 29, 2006 at 12:00:05 PM EST

he wouldn't have been in this mess had he not committed a crime: picking up the empty bottle and throwing it into someone else's yard, shattering it. he wouldn't be in this mess had he not resisted arrest. he wouldn't be in this mess had he exhibited a bit of self-control.
funny thing: back in college, a bunch of us living in apts. decided to have a block party. not everyone immediately adjacent were college students or profs, it was a middle to working class neighborhood. we went in a 6 block radius, advising people about the party, got a permit to close off a block to traffic, in front of the bldg., insurance, etc.
within a half hour of the party starting (around 1pm), norfolk city police showed up. they'd gotten a call, from a woman who lived 6 or 7 blocks away, complaining about the noise. she called before the party even started. the cops were very nice, and thought it was pretty funny. suffice it to say, her credibility was shot. hell, we even invited them to return when their shifts ended.
with that experience in mind, i'd have to see concrete evidence of continued malfactions on the young lady's part, rather than your unsupported assertions, before giving much credence to them.

: Your a joke (none / 0) (#25)
by Holly on Wed Feb 21, 2007 at 10:37:25 AM EST

your a joke,

Snow (none / 0) (#24)
by Holly on Mon Feb 19, 2007 at 02:03:28 PM EST

Angelsmission, have you seem the petition? From what it looks like they only went to four houses and everyone in the homes signed. You said that there were only three people who are on Carmen's side your wrong. There are 6 people. There one thing that is so funny to me. Why did the people that made the petition make a 2nd petition saying the sentencing was to hard on her and that was after she was out of jail. If they really belived the sentencing was to hard they should have beed on the T.V, newspaper and radio saying that but they weren't. I think they got a little scared. If this happened to me they would have a lawsuite on there hands.