Wednesday, April 1, 2009

Kudos to Judge Roger McDonald

CourtWatch monitored the plea & sentencing yesterday of Steven Joseph Piantieri, who was charged with Felony Battery (3rd Degree) which has a maximum possible penalty of 5 years in prison. The defendant pled to a lesser charge of simple battery and received 1 year probation, was ordered to have no contact with the victim, have mental health counseling and attend an anger management class (more about that later).

Our volunteer in the courtroom was impressed with the extreme care that Judge McDonald showed the victim and with the fact that he refused to withhold adjudication after she requested his record not be able to be sealed or expunged (despite his attorney's argument that a conviction could hurt his client from renewing his business license). He also, after learning that the victim had not requested restitution for medical bills and counseling, encouraged her to request compensation to cover these costs.

With respect to anger management class, CourtWatch believes that the plea offer should have insisted upon Batterer's Intervention Program (a 26-week class that counsels batterers about power & control issues) instead of the 8-hour anger management class. Florida Statute requires BIP in these types of cases. This was the responsibility of Assistant State Attorney Murphy to enforce. The judge should have asked why the agreement didn't specify BIP instead of anger management. Florida Statute also requires 5 days in jail when someone is adjudicated guilty of a crime of domestic violence. This is also the responsibility of the Assistant State Attorney to treat as non-negotiable. (see Florida Statute 741.281 and 741.283)

All in all, however, our volunteer was pleased with Judge McDonald's demeanor toward the victim. And we hope to see the State Attorney's Office be more vigorous in holding perpetrators of domestic violence accountable for their actions when negotiating plea agreements.

17 comments:

  1. I was also very touched by Judge McDonald's sensitivity to the issue of domestic violence in regards to this case; he allowed the victim go give her impact statement and actually listened, unlike many judges. I was not at all impressed by Assistant State Attorney Murphy....she treated the victim with disrespect and was somewhat argumentative with her in court....and she was representing the victim! Mr. Piantieri holds a current liquor license in Orlando....I'm interested to see what this does to his business! He will definatly not be getting any business from me or my friends!

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  2. Isn't Steven J. Piantieri the owner of the Orlando Tastings, the wine bar? That's scary!!! I know one place that I won't be frequenting! I can't believe there isn't some way to have his license taken away now instead of waiting until next time he renew the liquor license.....

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  3. In reference to the Assistant State Attorney; the defendant was able to hire a big name criminal attorney to help him get a lesser charge with a guilty plea....while the victim had to rely on Ms. Murphy to defend her. Ms. Murphy, the Assistant State Attorney, didn't appear to aid in the victims case for justice....several times she spoke for the defendant, protecting his rights.....not sure what's going on there....

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  4. Steven Piantieri actually received only 1 year probation not 2, according to www.myorangeclerk.com
    He also gets to travel out of the county without permission. So nice that his lifestyle won't be interrupted or inconvenienced by his probation! Now I know why so many women don't even bother pressing charges. Kudos to the Victim!

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  5. Maybe he'll give a discount to Shannon Burke!

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  6. See related blog for Steven Piantieri dated April 25, 2009, Misdemeanor DV Court Gets "It".

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  7. I am now currently going through a case myself and the man is trying to get the GPS removed and I am scared that it may happen...At first he confessed to what he did now he is changing his story...If anyone has any helpful advice please email me at joylee10@yahoo.com.
    It is rather crazy he is talking about the device as though it is an inconvenience to him and he should not have to have it ...

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  8. Steven Joseph Piantieri Domestic Violence: CourtWatch monitored the plea and sentencing of Steven Joseph Piantieri, who was charged with Felony Battery (3rd Degree) which has a maximum possible penalty of 5 years in prison. The defendant pled to a lesser charge of simple battery and received 1 year probation, was ordered to have no contact with the victim, continue with mental health counseling,attend an anger management class, community service, and send a letter of apology to his victim.

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  9. In State v. Steven Piantieri 2008CF16896 Courtwatch monitored the plea & sentencing yesterday of Steven Joseph Piantieri, who was charged with Felony Battery (3rd Degree) which has a maximum possible penalty of 5 years in prison. The defendant pled to a lesser charge of simple battery and received 1 year probation, was ordered to have no contact with the victim, have mental health counseling and attend anger management class (more about that later).

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  10. In State v. Steven Piantieri

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  11. State v. Steven Piantieri : Piantieri went back to court 11/18/09 requesting to have his probation terminated early. After listening to the Victim's statement, Judge McDonald rightfully denied Piantieri's request.

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  12. I am going before Judge Roger McDonald next week for a permanent injunction against my ex-boyfriend who was convicted of domestic violence (battery) against me. I am glad to hear he is sympathetic to victims. Thank you for posting this. I feel a little better.

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    Replies
    1. how did your case go? I go in a few days on behalf of my daughter and I fear for her life and the outcome from this judge.

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  13. Judge McDonald is a douche to me. My wife went to court and lied, temporary injunction order. I went for my hearing he dismissed the injunction order. He never asked me any questions like whether these allegations took place. He lectured me and raised his voice at me...not once he asked did these things ever happened. Even there were no evidence so he had no choice to dismiss the order. I feel like some women honestly seeking this order so they can protect themselves, but others use it in a divorce to gain unfair advantage. I'm glad that judge is retiring...good riddance.

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  14. If you're a man falsely accused of domestic violence don't see Judge McDonald this douche is so bias and it's ridiculous. He will read whatever the other party alledged then lecture you for the rest of the hearing. I'm so glad he's retiring soon so other men (people) don't have to go through his court room.

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