GUILTY FL - Boy in a Box abuse trial - Parents, Timothy & Tracy Ferriter Arrested, Jupiter, Feb 2022

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So just 5 years in the clink?

No parenting classes?
No anger management classes?
No therapy?
 
The anger management etc is bs. That won’t make a difference. I’m trying to remain objective but I really think the judge bent over backwards to be lenient. He had no basis for a downward departure. If the defendant was remorseful I could understand. Very disappointing. 5 years in prison is still awful and he will be a felon for life!
 
For crimes committed on or after October 1, 1995, inmates are required to serve 85% of each sentence imposed. Satisfaction of
85% includes time served in the county jail as credited by the sentencing court.
These inmates are eligible to earn up to 10 days per month incentive gain time.
This gain time is earned until the tentative release date reaches the date equal to 85% of the sentence imposed. At that
point, gain time no longer is applied to reduce the sentence.
For example, at a rate of ten days per month you can earn approximately 913 days of gain time while in service of a ten
year sentence. However, due to the requirement that at least 85% of the sentence must be served, only 548 days, or 1
and ½ years, could apply to the release date.

 
Weki said:
The anger management etc is bs. That won’t make a difference. I’m trying to remain objective but I really think the judge bent over backwards to be lenient. He had no basis for a downward departure. If the defendant was remorseful I could understand. Very disappointing. 5 years in prison is still awful and he will be a felon for life!
Click to expand...

[bbm]

Thing that bothers me even more than this is that the ground/prong he decided to use to grant it was not even requested by the defense. You don't ask you don't get. He's on the record asking her to request it under the prong he knew in advance that he would grant it under. I'm pretty stunned, regardless of whether he has the power to do it. What an "assist"

jmo
 
When he first did this I thought okay... take a beat. He's probably just fleshing out all of the appellate issues so he can be on the record explaining his reasoning for denying it. I did not think he was doing it because he decided to grant it but bc the defense didn't ask for it under the grounds he would be using, he took the initiative to have her request it orally on the record. Tie it all up in a neat bow. I'm still wondering if Coakley will appeal the downward departure or if PBC will call it a day and let it lie.
 
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Jurisprudence said:
When he first did this I thought okay... take a beat. He's probably just fleshing out all of the appellate issues so he can be on the record explaining his reasoning for denying it. I did not think he was doing it because he decided to grant it but the defense didn't ask for it under the grounds he decided he'd do it so he took the initiative to have her request it orally on the record. I'm still wondering if Coakley will appeal the downward departure or if PBC will call it a day and let it lie.
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Yeah I was confused because my impression of the judge was that he was pretty disgusted by the evidence. But maybe now that he’s had some distance he somehow felt sympathy for the defendant? I agree with you he came to the hearing knowing he was going to downward departure and was setting it up for the record. He even said he thinks the defendant if asked would do the same thing all over again! His decision is mind-boggling!

I wonder if the judge has some military background. I feel he was biased somehow! JMO
 
Weki said:
Yeah I was confused because my impression of the judge was that he was pretty disgusted by the evidence.
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I agree. His sentence did not match his remarks. He acknowledged that there was no remorse for what he did to his son - only to his other children. He acknowledged that Ferriter exhibited consciousness of guilt and was fully aware that what he was doing was criminal. I'm still stunned.
Weki said:
But maybe now that he’s had some distance he somehow felt sympathy for the defendant? I agree with you he came to the hearing knowing he was going to downward departure and was setting it up for the record. He even said he thinks the defendant if asked would do the same thing all over again! His decision is mind-boggling!
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Agree this makes zero sense. The more I think about it the more angry I become actually. I hope the state considers doing something.
Weki said:
I wonder if the judge has some military background. I feel he was biased somehow! JMO
Click to expand...
That part of his remarks I thought was appalling. You do NOT say that if you come from a military family and are used to discipline and structure it serves to MITIGATE this abuse. It's somehow "okay" on a level. "Justified". Terrible comment. You don't equate military service, men and women who fight for our freedoms, to trained child abuse that is condoned. What was he thinking. He said it went to intent but he had just acknowledged the intent by the consciousness of guilt remarks.

I was personally disgusted with that.

jmo
 
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This is one of the cases Coakley cited. Anyone catch the other? Montana? Montanya?

"The State of Florida appeals the downward departure sentence imposed on Steven Kunkemoeller... The trial court determined that two statutory grounds and four non-statutory grounds justified the imposition of a downward departure sentence. The State contends that departure was improper because the grounds relied on by the trial court were either legally insufficient or unsupported by the record. We agree and reverse."


law.justia.com

State of Florida vs Steven Kunkemoeller

State of Florida vs Steven Kunkemoeller
law.justia.com law.justia.com

(Still good law)

Section 921.0026(2)(j) states that mitigation may be reasonably justified if

1.[t]he offense was committed in an unsophisticated manner (seemed pretty elaborate actually), and

2. was an isolated incident (4-6 years of ongoing abuse, imprisonment, caging, engaging contractors in 2 different states, lying to both about the end-use of the structure, doesn't exactly strike me as an isolated incident)

3. for which the defendant has shown remorse.” (I didn't see it or hear it)

To satisfy the requirements of this mitigator, “there must be competent, substantial evidence for each of the three components of the statute: (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.”

(This is from the case linked above)
 
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I think Coakley will appeal. She has been fired up about this case. I believe these are the types of cases she focuses on. I think she’s in a “special victims” type unit. Society gives parents a lot of leeway but this was criminal not parental discipline gone awry.

This was disgraceful by this judge honestly. I’m also getting angrier the more I think about it. What this defendant did is inexcusable and there was zero mitigation. This is proven by the fact that the judge MADE UP a reason to downward departure from the legislature’s guidelines for this type of crime. The judge basically got rid of count 1. He bypassed the verdict. There was no evidence for what the judge wanted to infer about the defendant’s state of mind! JMO
 
Weki said:
Judge has needlessly prolonged this hearing through pointless argument with counsel. He should already know what he’s going to do. He knows the law and the facts. JMO
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The majority of this was a hearing on the motion for downward departure, not the sentencing. The "pointless argument" was the Judge putting necessary support on the record to prevent TF from being able to appeal the decision and possibly be able to decrease his sentence.
Wishbone said:
this judge is making me want to file an appeal. he didn't even admit he was wrong!! slap on the hand....he already did 12 months in jail and who knows how much good time he will earn in prison. that defense atty and this judge deserve each other.
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He only served 37 days in jail I believe. The absolute maximum good time you can earn in Florida is 15% of your sentence (which would mean Tim has to serve a minimum of 4.25 years) and for some convictions it is less. I did not look up Tim's convictions to confirm to it is at least 85% required to be served, possibly 90%+
Jurisprudence said:
This is one of the cases Coakley cited. Anyone catch the other? Montana? Montanya?
Click to expand...

STATE of Florida, Appellant, v. Ariel MONTANEZ, Appellee.
Nos. 4D12–3815, 4D12–4180.
Decided: February 19, 2014
My summary: Defendant's difficult divorce and troubled personal life making them more susceptible to substance abuse was not sufficient to justify the downward departure in DUI case.

 
megs1477 said:
The majority of this was a hearing on the motion for downward departure, not the sentencing. The "pointless argument" was the Judge putting necessary support on the record to prevent TF from being able to appeal the decision and possibly be able to decrease his sentence.

He only served 37 days in jail I believe. The absolute maximum good time you can earn in Florida is 15% of your sentence (which would mean Tim has to serve a minimum of 4.25 years) and for some convictions it is less. I did not look up Tim's convictions to confirm to it is at least 85% required to be served, possibly 90%+


STATE of Florida, Appellant, v. Ariel MONTANEZ, Appellee.
Nos. 4D12–3815, 4D12–4180.
Decided: February 19, 2014
My summary: Defendant's difficult divorce and troubled personal life making them more susceptible to substance abuse was not sufficient to justify the downward departure in DUI case.

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Did you watch the hearing in full and follow the live discussion here? It seemed pointless/prolonged at the time but after the judge gave his ruling it became clear why he was doing it. He was guiding the defense in making additional argument for an unjustified downward departure. He was unfair to the state/victim and joined the defense team for the purpose of this hearing. JMO
 
Okay so two of these cases she cited seem directly on point. He used the Montanez case for justification but it still doesn't seem to pass muster under that case.

"While no case has permitted a downward departure sentence based on the trial court's reason here, such a reason is not otherwise prohibited by case law or the plain language of the statute...if the record contained competent, substantial evidence to support the departure)...However, on the record evidence before us, we conclude that there was no competent, substantial evidence to support the downward departure sentences.

And
Kunkemoeller

Downward departure okay if
1. the offense was committed in an unsophisticated manner, and
2. was an isolated incident
3. for which the defendant has shown remorse.

Supported by competent, substantial evidence for each of the three components

Instead we have something pretty elaborate, not unsophisticated; 4-6 years of ongoing sustained abuse, imprisonment, caging, engaging contractors in 2 different states, and lying to both about the end-use of the structure they were hired to construct, not an isolated incident; and I saw no remorse for his victim

law.justia.com

State of Florida vs Steven Kunkemoeller

State of Florida vs Steven Kunkemoeller
law.justia.com law.justia.com
 
@Jurisprudence I was reminded on Twitter that the state offered him a 2 year plea. He got 5. Could state potentially not consider it worthwhile to pursue an appeal? It seems they have a strong case on appeal based on the precedent you’ve helpfully highlighted here. Defense is going to ask for bond while the appeal process goes through and that will be heard by this judge. I’m wondering now if he has a good chance of getting bond. Smh.
 
Jurisprudence said:
I agree. His sentence did not match his remarks. He acknowledged that there was no remorse for what he did to his son - only to his other children. He acknowledged that Ferriter exhibited consciousness of guilt and was fully aware that what he was doing was criminal. I'm still stunned.

Agree this makes zero sense. The more I think about it the more angry I become actually. I hope the state considers doing something.

That part of his remarks I thought was appalling. You do NOT say that if you come from a military family and are used to discipline and structure it serves to MITIGATE this abuse. It's somehow "okay" on a level. "Justified". Terrible comment. You don't equate military service, men and women who fight for our freedoms, to trained child abuse that is condoned. What was he thinking. He said it went to intent but he had just acknowledged the intent by the consciousness of guilt remarks.

I was personally disgusted with that.

jmo
Click to expand...
What can the state even do? Plus, they might be over a barrel, because the same judge will try Tracy's case?
 
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