2 inmates jailed months beyond sentenced time

[Ban Hammer 13,337]

JEFFERSONVILLE, Ind. – A second defendant in a southern Indiana drug court has been found to have spent more time behind bars than ordered.

The News and Tribune reports Jason Ray O’Connor of Jeffersonville was released from the Clark County Jail on Friday after serving 215 days. He was ordered to spend 30 days behind bars last June.

A special judge ordered 34-year-old Destiny Hoffman released Thursday after she was sentenced to two days in jail but spent five months locked up because authorities say the court didn’t issue an order needed to free her.

Both inmates had been sentenced to serve the sanctions by Clark Circuit Judge Jerry Jacobi.

Attorney Larry Wilder, who has represented the court in other matters, says judges cannot comment on pending cases or ongoing investigations.

Clark County Deputy Prosecutor Michaelia Gilbert began investigating Hoffman’s incarceration on Wednesday while reviewing old case files. She entered a motion seeking an immediate status hearing, writing that Hoffman’s civil liberties were violated by the term of her incarceration.

Gilbert also wrote that Hoffman “has remained in the custody of the Clark County jail without a due process hearing.”

Before Hoffman was released the next day by Special Judge Steve Fleece, he asked her why she had not notified officials of her ongoing incarceration. But Hoffman did not reply to Fleece’s question.

Masingo, her attorney, said he has no explanation for why his client ended up in jail for so long.

“It is something the court should have known about. Obviously, it fell off their docket, and they just forgot about it,” he said. “For the last several months, she has been sitting in jail without counsel and without knowing what is going on.”

A pretrial hearing concerning Hoffman’s incarceration is scheduled for Monday in the Clark County Prosecutor’s office.

Masingo said he expects that his client “will be released from the drug court and all charges will be dropped.”
http://ux.indystar.com/story/news/crime/2014/01/26/woman-gets-2-day-sentence-serves-5-months/4912091/

[Karee 4,190]

Hope no one is holding any municipal bonds from Clark County, Indiana. Seems like Destiny and Jason are going to have a pocket full of money soon. Compliments of the Clark County taxpayers and whoever their insurance company might be.

[DavenRoxy 1,073]

Seems improbable that they couldn't have raised enough of a stink to get noticed and have their sentences reviewed. Shame on the justice system.