Update: Giles Charle and David Siller Released

In When Human Refuse Meets The Law, I blogged about Giles Charle and David Siller, two young men who were sentenced to a six month jail term for taking waste from a dempster dumpster.  Richard Myers has updated me on their situation by providing me with a link to Colorado Freedom, a website which chronicles the debacle.  Due to intense public pressure, Giles and David were released after serving three days post-sentence (ten in toto ) in jail.  A transcript from the DA's office is cited:

[Shop owner Jonathon] Hieb: So among all this other stuff that you’re doing, and the mistakes that you’ve already made, now you’re calling me a liar? Is that what you’re doing?

[Assistant District Attorney Kerry] St. James: I’m saying we disagree as to that conversation.

Hieb: You know, right now, I think, this is just my two cents. It’s probably worth nothing. But right now, what you need to do, as a man, is take responsibility for your actions.

St. James: I’m sorry. I can’t do that.

A very amusing section from the transcript:

Roesink: They [the police officers] called the owner of the store – Ms. Zambrana.

Jonathan Hieb (Sweet Pea owner): Katherine Zambrana

Roesink: Zambrana, Katherine Zambrana. She came down to the store, she looked around, and things were amiss.

Hieb: We both were down at the store. I’m Jonathan Hieb, the owner of Sweet Pea Produce, along with Katherine. We both came down to the store.

Roesink: Well, our police reports don’t indicate that you were at the store.

Hieb: Well, if we’re getting things accurate here, let’s get them accurate.

Roesink: OK, I’m going off police reports. That’s how we – let me tell you what the police reports say.

Hieb: I know what they say. Go ahead though.

Roesink: They don’t say that you were there.

Hieb: I was there.

Roesink: OK. But they don’t say that.

Hieb: The bottom line was, I was there.

Roesink: OK, but it doesn’t say that you were there.

So the police can't do their job either?  But that's not really news.  Throughout the transcript, co-owner Hieb suggests over and over again that Bonnie Roesink, Routt Count DA, is some kind of clueless:

Roesink: And then, the owner was contacted – Mr., you said, Hieb?

Hieb: Hieb.

Roesink: Mr. Hieb was contacted by Mr. St. James, and he was told the two plea offers and –

Hieb: I actually contacted him.

Roesink: OK, well I’ll let Kerry address this because I’m commenting on something I don’t know firsthand. I just know that Kerry’s told me this is what happened.

Hieb: I’m just trying to keep things straight.

Roesink: OK. Kerry can comment on his conversation with you – that wasn’t necessary for him to have. He could handle this case any way he wanted to handle this case. So he contacted Mr. Hieb, and I’ll let him address –

Hieb: I contacted him.

Roesink: OK, well you all – I don’t know that. Kerry, do you want to address that?

St. James: I returned your phone call, Mr. Hieb.

Hieb: Yes, I left you a message and you did return it.

St. James: I contacted you.

Hieb: I made first contact, right?

St. James: Yes.

Hieb: OK. Good deal.

A comment from Sweet Pea Produce co-owner Jonathon Hieb reads in part:

Sweet Pea does not agree with the offer made to these young men, by DA St. James.

I personally spoke with St. James concerning this matter a month ago. I told St. James that I was concerned with what he had offered these men, and before I could even explain my position St James rudely interrupted me and specifically told me he wasn't going to have these young men and the rainbow people come into our nice town and take it over. And he added, that he was going to make an example out of them. I was so furious I soon ended the conversation, in fear I would say something that I would later regret.

Now I'm going to say what I should have said to St. James that day.

In my opinion DA St James purposely put these young men in a situation were they had to choose jail time instead of excepting a felony that would have ill effects on them for the rest of their lives. These young men are clearly not criminals and are ambitious in their endeavors as social workers and as teachers, a felony on thier record would surely crush these dreams.Basically, St. James made them choose between the lesser of two evils.This matter could have been handled with an apology, an at most a small amount of community service.Instead, St. James has made Steamboat Springs look like a place that is absent of compassion and most of all common sense.I think it's time Mr. St. James questioned his ability to serve the people of routt co. [link]

Hopefully efforts to recall Kerry St. James and Bonnie Roesink from public office proceed successfully.  While both should really be imprisoned for gross dereliction of their duties, putting them out of a job is probably the next best thing.