Former judge Leticia Astacio sentenced to 180 days in jail

and I know I've said this several times max you have the right to an attorney through all stages of these proceedings you continue to represent yourself at the previous hearings number days we've had here is the actual wish today yes we understand that you have the right to an attorney you know judgin proceeding doesn't wanna - I understand okay and so can this matter be disposed of today that was the last question that we have here on the record you have a copy of the Declaration of delinquency alleging three violations of your probation is it your position that you wish to admit today and go for the sentencing yes sir yes if she is willing to admit then yes that's up to her that's right all right mrs. Tasca you have several rights that you'd be waving in exchange for admitting to the violations this morning first of all as you're weak you're waiving your right to have an attorney with you are an attorney I understand this day you also have the right to a hearing where the people have to prove that you violated the terms and conditions of probation do you waive your right to a hearing they do you also waive your right to cross-examine the witnesses that the prosecutor will call to testify against you at the hearing they did but you've also waived your right to call your own witnesses in your yes yes do you recall being placed on probation by judge Aronson yes did you receive a copy of the terms and conditions of the probation sentence that's simply okay at some point what you did I'm sorry yes okay in fact you did sign off on the conditions of probation yes did you understand that during some conditions of probation yes do you admit that you failed to report as directed to probation on August 13 2019 in August 20th 2019 yes and you admit that you didn't appear to permission for a few months thereafter judges with all due respect I think that the one admission is sufficient for the decoration of do you know what you don't have I don't want to do you admit that you failed to cooperate with the ignition interlock program is required by section 11 93 subdivisions see no no we don't admit that I deny that you deny that I do but I've already pled guilty did did you admit that you failed to abstain from using or possessing alcoholic beverages no I don't okay [Music] mr. Quan are you satisfied with just her or you have to leave in order for the court to find a violation of the probate of probation has occurred she only needs to admit to the one violation and if the court is satisfied the court is in a position to sentence recording but in terms of whether or not she exactly pled the people are in position oh yes yes all right the people are satisfied I'm satisfied as well intermission that you didn't show up to probation beginning in August 3rd 13th and August 20th 2019 and therefore I will find that you violated the terms and conditions of your probation that you did so knowingly now regards to sentencing you wish to be heard briefly your honor obviously as a violation of probation it is up to the court to sentence miss Nastasia species fit however it is the position of the people that based on not only her violation of failing to report but for violation of the conditional discharge that put her on probation in the first place inability to adhere to probation going forward from that that it is the people's position that the only alternative left to the court is to sentence mrs. Matthews to a term of incarceration and I would be the position of people Jed honestly I'm blindsided I've spoken to mr. Fung about this several times in his position it has always been that they don't take no position and in fact in a pretrial conferences he's asserted that a time served disposition would be appropriate in light of the fact that I've served approximately four months in jail on a misdemeanor DWI so I'm surprised that he would make this statement on the record on the news for the first time ever I think it's disingenuous that past but Judge I think that it's easy to lose sight of the facts in this case this case like a case that I've cited before people V for poorer which is a county court case which was appealed from the Monroe County District Attorney's Office when an individual got probation was sentenced to nine months in jail judge Chacho coming court here said that that was inappropriate and he conducts an entire analysis of why it's inappropriate what he says is that no matter what happens in a criminal case you always go back to the initial crime the initial offense in that case as in this case it was a misdemeanor DWI you look at the defendant as you find him at the time of the arrest in my case I was a City Court judge I'd never been arrested in my life I had never been charged with any offenses you sentenced the person based on what actually occurred in my case I passed my field sobriety test but after conviction I again had no evidence of an accident there were no injuries there was no aggravating factors it was a standard misdemeanor DWI for which most individuals would receive fines in a surcharge irrespective of what happens from the point of sentencing this isn't my words judge this is judge Tasha who's a County Court Judge here you always go back to that initial offense this is still a misdemeanor DWI this is a misdemeanor DWI that was alleged to have occurred in 2016 and we're going into 2020 I have served almost an entire year of a conditional discharge I have served approximately four months in jail I have served two years on probation I'm not saying any of this so say woe is me you weren't the initial sentencing judge I want you to be aware if we're talking about penalties that the penalties I've already sustained in this case in addition I was removed from the bench literally the court of appeals held that career suicide was appropriate in my case so I lost my entire career I think if we're going to talk about penalties and justice and equity this is an atypical sanction for a misdemeanor DWI conviction in addition one of the reasons that a person would be placed on probation and this is again in the People v perp or our decision is substance abuse which apparently has been the overarching concern here that I have a problem with alcoholism I've never been able to provide any proof to the court that I've completed an alcohol treatment program because I've never been ordered to attend one I've obtained three to five Oh aces certified evaluations and none of them ever said I need a treatment it is impossible for me to enter into a treatment program without a diagnosis that's just not how insurance works so I did voluntarily enter into one program that I completed but that's all I could do if I'm on probation to address a substance abuse issue that certainly isn't occurring before this court because there's no that I have won I got a mental health evaluation there was no recommended treatment but on my own because candidly this was very stressful I got into therapy I provided information from my therapist to my probation officer voluntarily my therapist said you need this to be over and what you're seeing is suffering from situational depression you cannot move on with your life because this will not end I provided proof of that to the court I provided proof of that to probation I'm not here out of defiance I am here because the judicial system does not function to break people and it is deterring me irrespective of what I look like when I come into court whether I'm smiling and happy this is difficult every day it is embarrassing it is humiliating and I cannot move forward I do not represent my clients because my mind is cloudy I did not come into court because I'm denied access regularly I could not get here on time today because I have to stand in line I cannot get a secure pass it is difficult for me to get into the jail to see clients that I need to visit it is difficult for me to work and probation is supposed to help me knock economy if your point was to penalizing I'm telling you you have if your point was to destroy me I'm telling you even can't irrespective of whether do tell me for the rest of the tournament is left here or not I can't function this way so I've done quite a bit of time here more than I think any other individual ever convicted of a misdemeanor DWI has done I think that I have lost quite a bit but I've gained so much in the process if the point was to teach me or to help me I don't know that you did but I can tell you through this process I've grown so much as an individual you don't know me but you literally can see the difference in the person that had been through this and to continue to be stuck just because there is literally no benefit to keeping me on probation in fact I am the only probation or that my probation officer supervises you want to talk about a waste of taxpayers money I'm his entire caseload there's no benefit judge you want me to serve the community I do I planned on going to a Thanksgiving dinner tonight if you don't decide to incarcerate me I'll be there I'll be serving at Sabrina's this week I thought I do community service regularly because that's who I am as a person if you'd like to sentence me to that I could see a purpose there and I do it anyway I think the appropriate disposition is time served and people be purported tends to support me I think that that's a binding decision I think the courts bound by it but it's hide from that dyj aside from the galleries and I think that the right thing to do here is to end this and honestly candidly I would like you to do that with a time-served disposition but no matter what you decide to do I'm thankful that this will be over today this has stopped my life which also there there was a motion that was filed I know that the court ruled on it specifically there was an ignition interlock device portion of that motion where I addressed the fact that I've been serving that sentence for an excess of three years which I believe is illegal irrespective of the court's decision today I would ask that you sign the order terminating the ignition interlock today as a part of your symptoms and I would just there myself on the mercy of the court judge thank you for letting me speak I don't feel the need to respond in depth to her feelings I do believe she were misrepresented what I said about the courts options in our pretrial conference but that's an indica door there I think what matters is that people who are on probation do not get to decide when their terms of probation end thank you so this case started with you being charged of driving while intoxicated and convicted after a trial for driving while intoxicated which I consider a very serious offense the facts surrounding your arrest that warning very troublesome to me but your actions after your conviction or even more troubling to me you receive the minimum sentence of a conditional discharge upon your conviction for driving while intoxicated you had a year period stay out of trouble okay your finance surcharge put a hood a Anderson interlock device on your car and follow the restrictions of the device in almost a month after your conviction you've already had a violation of a conditional discharge by within two months we've had two more filed against you you settled it you admitted to a violation the judge extended your condition your conditional discharge provisions to include an additional time period on your ignition intellect that was it six months later you're back and another violation of conditional discharge the judge places you're on probation shock portion yes you did serve some time instead of revoking your probation he gave you another chance placed you on probation you're back again on a violation of your probation you've been given several chances before take or because appearing in front of me what I have found is that which shocks me is that you've absolutely never taken any response responsibility for your actions you've never shown any remorse throughout this entire process shocking to me what's also appalling to me is that you unilaterally decided to take yourself off probation without a court order you just decided you didn't want to go anymore so you stopped going I can't not am not happy about it I'm not gonna tolerate it your actions show that you do whatever you want to do whenever you want to do it and it stops today and it stops now I'm revoking your probation and I'm recent sensing you to 180 days in jail starting now think you just I will grant your disregard sitting there's an interlock device we no longer that's me it been installed on your car and we'll also spend in order to allow a family member to get it take it off with your car up into the factory if you're going ahead you're gonna have some time to think about what you're actually working throughout this proceeding it's quite possible you're single-handedly change the middle to our community to the judicial justice system our judicial system adjusted and it's appalling what you've done and I hope you've learned your more it's closed here my cousin I get you for you the camera yeah

Channel: News 8 WROC

Views: 3,384,956

Keywords: video, Rochester, RochesterNY, News8, WROC

Id: Dg2nDSKQ0Bw

Length: 15min 59sec (959 seconds)

Published: Tue Nov 26 2019