October is Prison Awareness Month. See article below. Eric use to like to ride the red bikes when he and his band members (my son was one of them) came to campus to play for the students a few times. I testified on his behalf at the sentencing hearing, but the judge seemed to have already had his mind made up to come down heavy on him for some reason.
Also see free sessions below that may be of interest. Mike Neuman Thursday, October 20th 6:00 - 8:00 pm 19 Ingraham Hall (1155 Observatory Dr. in Madison) Session II: Making Change What can be done to address the problems in Wisconsins prisons? A. Getting a Grip (Analysis from 3 perspectives) Walter Dickey and Ada Deer are among panelists who will help audience participants visualize the problems and solutions B. Representative Tamara Grigsby Special presentation with 18th Assembly District Rep. Grigsby C. Perspectives from Formerly Incarcerated Persons A Full Panel of Formerly Incarcerated Persons help audience participants grapple with the issues and solutions Wednesday, October 26th 1:00 - 3:00 pm 121 Psychology Building (1202 West Johnson St. in Madison) Session III: Revisiting Hours Is there more that citizens can do to change the system to be more humane and just? A. Looking at our sometimes-good intentions and not-so-good outcomes Panelists help to frame the dialogue toward taking responsibility without reinforcing paralysis from shame and guilt B. ReEntry / Housing & Jobs A spotlight on some of the most exciting local efforts C. Reshaping Community Attitudes and Understanding of Issues Community Leaders talk about our individual options for addressing incarceration and its repercussions. Info? #608- 469-5540 or [EMAIL PROTECTED] --------- Forwarded message ---------- http://madison.indymedia.org/newswire/display_any/26809 The following article has been sent to you by [EMAIL PROTECTED] ------------------------------------------------------------ Former High School Senior Sentenced to Prison for Having Sex with Freshman: Punishment to Fit the Crime or Railroaded Through the System? ------------------------------------------------------------ Sunday, 16 October 2005 by Michael Neuman Email: [EMAIL PROTECTED] Summary: A Dane County judge recently sent former Madison LaFollete High School student Eric Dixon to prison for having sex with a girl when he was a senior in high school and she was a freshman. Although the act was consensual, he was convicted of second degree sexual assault because she was under the age of 16 years at the time and he did not contest the charge. Following his conviction, the judge ordered him to serve 40 days in jail, register as a sex offender in the state of Wisconsin, and he was placed on 4 years probation. His sentence was suspended, provided he stayed on probation. The Wisconsin Department of Corrections revoked his probation on July 28, 2005, and on September 2, 2005, the judge sentenced him to 2 and 1/2 years to 6 and 1/2 years in prison. The earliest date for his release is March 2007; the latest March 2011. Eric's mother claims he was railroaded by the system. Eric Dixon is African-American and he recently turned 21 years of age. Many who live in Madison may remember Eric from his many performances in the community as a drummer and vocalist for the youth bands "Arts are Prevention" and "Divine Funk". Eric's "victim" on March 8, 2003 was white and she is now a high school senior herself. They first met at East Town Mall, Madison, on February 24, 2003. They exchanged phone numbers and talked over the phone several times over the next two weeks. On March 8, 2003, she went to East Town Mall with 3 of her girl friends. He called and asked if she wanted to him to hang around with him. She said yes, so he went with a friend to pick her and her friends up in the car and they then road back to his apartment. After visiting in the living room, he told the others they were going into the bedroom to talk. Once in the bedroom, they began kissing, he removed his clothes and then her's, and they had sexual intercourse. She did not object. Ten weeks later -- on May 15, 2003 -- he was arrested on a charge of second degree sexual assault. Six month's later --on November 12, 2003 -- he was convicted of second degree sexual assault and was order to register as a sex offender in the State of Wisconsin, to spend 40 days in the Dane County Jail, to have no contact with the victim, to complete blood testing and to get whatever counseling the parole agent believes is appropriate. He was placed on 4 years probation. The Wisconsin Department of Corrections revoked his probation on July 28, 2005, concluding that he was in need of correctional treatment "which can most effectively be provided to him while he is in a confined setting". On September 2, 2005 Eric Dixon was sentenced to two and a half years to six and a half years of prison. He was taken to the Dodge County Correctional Facility in Waupon on September 12, 2005 and is awaiting his assignment to a prison. Arguing Eric's case before the Court on November 12, 2003, Dane County court-appointed defense attorney Robert Burke pleaded for a reduction in the charge to a misdemeanor. Assistant district attorney Mary Ellen Karst argued for a conviction of second degree sexual assault. Just prior to Judge David Flanagan's decision, defense attorney Burke interjected: DEFENSE ATTORNEY BURKE: "Judge, could I interrupt? I hate to interrupt the Court, and I apologize, but could I -- I deliberately have not said much in this proceeding, but I will. I've been doing this for 30 some years. I can count on one hand the number of young people I've represented on a sexual assault like this. I understand this kid was approaching 19. I understand that Becky was 14 and a half. Almost every one of these cases that I've represented has resulted in, if not a kickdown, at least earning a kickdown to a misdemeanor. What is being -- I don't know if the family knows this. What is being recommended by the district attorney is one of the most punitive responses that I have personally seen on a case like this in my history. The family doesn't seem to think that that is much. A 40-year felony is going to deprive him of liberties for the rest of his life. I guess that is not impressive. But the reason, the reason that we are not recommending county time on this is that the District Attorney's Office -- I understand Ms. Karst has made this decision with input from the office." "The reason county time wasn't suggested is that the response of the system if we're going to be consistent with other cases is as punitive as I have seen. And to have him live with a second degree sexual assault for the rest of his life and additionally tack on county time -- I've got to say my piece, Judge. I'm sick about having to plead this kid to a second degree and to have him live with a second degree conviction for the rest of his life because I think he is a real good kid. I know that he has got a lot of positive things. He is talented. He has made the worst mistake of his life when he did this. I was desperately hoping that this day would not come that this kid would have to plead to a second degree and live with it for the rest of his life." "When he is 65, 70 years old, when he has got kids and he is successful, this is going to come to family. He isn't impressed with that. I am.... I think the response is tremendously punitive on the second degree...." JUDGE FLANAGAN: ... "I understand the difficulty it could have entailed in proving it at trial. I'm more concerned about the problem that would have entailed Becky testifying at trial. I'm delighted that hasn't happened." "I withhold sentence, and I place you on probation, Mr. Dixon, for four years. As a condition of that probation, I order that you spend 40 days in the Dane County Jail. I order that you get whatever counseling your agent believes is appropriate. I order that you have no contact whatsoever in any way, shape, or form, direct or indirect, with the victim in this case. I order that you complete the testing." Eric started his forty days of conditional jail time on January 11, 2004 at the Dane County Jail. He got out on March 3, 2004, and he reported to his probation agent that same day. According to the Division of Corrections' Violation/Summary report, Eric submitted a urinalysis the first week of his probation, as required. He tested positive for THC and for that he was sanctioned to picking up trash along a stretch of the beltline. After he failed to report for trash pickup, a warrant was issued for his arrest. He reported three days later, and was ordered to sit in the parole agent's waiting room for eight hours a day for a week, rewriting rules and doing essays, which he did. On Friday, he was again required to pick up trash. He reported in with a doctor's excuse, but was still required to pick up trash with the work crew. He was then allowed to go home. During the second week of his parole, Eric was ordered to participate in "job club". This occurred during the same week as Eric's family was moving. He failed to report early in the week so another warrant for his arrest was issued. As an alternative to having his parole revoked, Eric was offered four months of conditional jail time and an additional ninety days in a halfway house, which he accepted. He was released from jail six months later (9/14/04) and required to go to a halfway house. Instead, he went to see his family. A warrant for his arrest was issued and he was taken back to jail for another month. On October 18, 2004, he was transported directly from the jail to the half-way house. In early November, Eric was the victim of an armed robbery while he was out job searching. He missed his intake appointment with the Sex Offender Training provider and his parole agent discovered his job searching sheets were improperly completed. He was placed into custody the next day and reported as having failed his Alternative to Parole Revocation. The Department of Corrections recommended a total term in the State Prison System of five to nine years. Documentation for the period December 2004 to the date of Eric's parole revocation on July 28, 2005 was not made available. A "Sentencing Hearing After Revocation of Probation" was held on September 2, 2005. Eric was represented by court-appointed defense attorney Nicholas Rifelj. Assistant district attorney Karst began her testimony with the following remarks: ASSISTANT DISTRICT ATTORNEY KARST: "Your honor, I know the Department -- the recommendation by the Department of Corrections, is that you impose a total term in the State Prison System of five to nine years, that that be a bifurcated sentence of two to four years of initial confinement, with a period of extended supervision of three to five years. I think that the total period that they're recommending is probably appropriate now." "As far as how you break it down, I think that it needs to be at least two to three years of initial confinement, but I think that the total time needs to be on the higher end of what they're recommending at this juncture as well. I say that especially in light of the fact that he has now, as you note from -- from the Revocation Summary, had multiple periods now in the last couple years of confinement already in the county jail, and we still do not have his attention. As you'll note from the Revocation Summary paperwork, he has spent several periods of months at a time in the county jail, and we still have him completely not taking seriously any of -- any of the conditions that have been imposed in an attempt to rehabilitate him." "... I know in speaking to Mr. Burke at the time, he was quite adamant that he wanted Mr. Dixon not to ever have a felony conviction for this matter, and we held quite firm at that time that, no, he would be required to have this felony conviction.... I guess what really troubles me, again, at this point is really Mr. Dixon's just complete thumbing his nose at the system over the last several years.... I think that the Department over the last couple of years has really tried to, um, tried to give him measured responses and incentives to try to correct this .... So I think at this point in time, we're left with prison. I think it needs to be a substantial amount of time..." DEFENSE ATTORNEY RIFELJ: "... First and Foremost, this was not a case where Mr. Dixon forced himself upon this young woman. This was not a case where there was a lack of actual consent. And those are two huge mitigating factors for the Court to consider.... This was consensual intercourse between two high-school-aged persons. It's not acceptable, but it is not an offense that calls for a long period of incarceration." "... I've never once heard Eric say anything in an attempt to minimize the severity of this offense. He has in all respects been responsible for his actions. He was open and forthright with the police investigation back in 2003...." "Most significantly, I think Eric spared the young women of having to go through a trial in this matter, and that is very significant. Judge, that leads me to a description of this young man that sits before you today. Like I told you at the beginning of my argument, I have never represented a person with more promise and potential than Eric Dixon. Eric is a musician. He's a vocalist, and he has the type of talent to turn that into a profession. He's played the drums for the large majority of his life. He's already been able to use his talent as a source of income on occasions. He's talented enough to the point where he is asked to come to social functions, and he gets paid to play. He has volunteered his talent and ability to help the community. He's volunteered to teach young children to play the drums and to teach them how to sing. And that really struck me when I learned that, in light of the charges that Eric is being sentenced for today, that he has given his time to he lp young children." "Eric is an educated and articulate young man. He is in the process of obtaining the remaining two and a half credits to earn his high school diploma. He wants to go to college, and has described to me which universities down south that he's looking at going to. He's described to me that if he can't get into the good universities with the good music program, he intends to go to Madison Area Technical College to boost his GPA so that he can eventually get into those universities..." "Eric is a family man. He has a strong family presence in the Madison community and strong relationships with that family. He has his mom, sisters, nieces, aunts, uncles and cousins, and he sees them regularly." "Eric is not a career criminal. Since his sentencing back in 2003, he has not been charged with any new criminal offense. In fact, with the exception of the present case, he's never had a non-traffic offense in a court of law.... I submit to you that society does not require protection from this young man. Had he, while on probation, picked up all sorts of new criminal charges, I really wouldn't be able to say that today, and it would not be a tenable argument. But Eric has shown that he can live in our society and be a law-abiding person, and there's no reason to believe that society needs protection from him...." JUDGE FLANAGAN: "Okay. Mr. Dixon, I have to decide what would be a fair sentence here. And before that, I want to give you a chance to speak. You don't have to say anything at all, but I want to give you a chance to speak. If there's anything you'd like to tell me, now is the time to do it." ERIC Dixon: "First of all, I'd like to apologize to the victim's father and everything I put him, his daughter and his family through. I know you don't have no reason to have any remorse for me .... Second off, I'd like to say that ... I'm not a criminal, not a big criminal. I don't go out there and commit crimes. I'm not the one that's out there, you know, doing all these things to hurt the community, hurt society... I don't sit there, as I remember two years ago, her father, a couple of the statements that was submitted called me a sexual predator. I'm not no sexual predator whatsoever. I don't go around to the mall looking for little girls. As of 2003, I ain't even had a girlfriend just for the simple fact it's not comfortable for me, because I don't want to end up ... doing something that is going to end up having me go back to that situation that caused my life to mess up..." "I have goals. I have goals to obtain my GED. I have goals to go to college. You know, I'm already getting asked for a record deal through my ... through a company, Sony Records, Inc., in New York.... " "As of this point, I see things a whole lot clearer, [I'm] 21, and it's like the world done changed. I have to go out there and become a man, I have to take care of my responsibilities, and I have to live in society according to society." "And I ask that you just be lenient, and I promise you -- I promise you if you was to give me another chance, you would never see me in your courtroom ever again. I don't care if it's for traffic, if it's for drinking and driving, you'll never see me here again. Only place you will see me on is TV, and that's performing, doing the things I like to do and the things that keep me and my mind and my heart and my soul on the right path." JUDGE FLANAGAN: "Okay. Well, Mr. Dixon, let's get a couple of things straight here. You are a sexual predator.... No question in my mind that you are a sexual predator. That's what you -- that's what you did. Let's put it that way. That is what you did when you were 18 years old. You preyed upon a young, vulnerable girl. ... What you've done here is a bad thing, and what your attorney hasn't quite focused on is how you've completely blown off all the chances that you had to avoid sitting right where you are. Your attorney has done a real good job of pointing out the good things about you. But what also is important is you didn't do any of the stuff that you were suppose to do, and as a result, you're back here now...." "Now, I don't want to give you a sentence that ruins the rest of your life. I want you to use the talents that you've got. But I need to give you a sentence which will get your attention and finally get you to understand that what you did was very, very wrong and you can't do anything like that again." "The total length of your sentence is six and one half years. The initial term of confinement in prison is two years, six months... The time that you're confined in prison, the two and a half years, can be extended if you violate any prison regulation or if you refuse or neglect to perform required or assigned duties. If your time in prison is extended under this bad time provision, you could be required to serve up to the total length of your sentence, six and a half years in prison... You're entitled to 368 days of credit. That will be used to reduce the sentence that you have to serve in incarceration. Okay. We are adjourned." 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