Dear District Attorney Hulbert:
As a Republican precinct committeeperson and an avid cyclist who has spent
many days on the roads of Summit County, I can scarcely contain my outrage
at the travesty of justice reported in Saturday's Daily Mail:
Morgan Stanley financial adviser escapes felony charges for hit-and-run
'because it could jeopardise his job'
A financial manager for wealthy clients will not face charges for a
hit-and-run because it could jeopardise his job, it has been revealed.
Martin Joel Erzinger, 52, was set to face felony charges for running over a
doctor who he hit from behind in his 2010 Mercedes Benz, and then speeding
off.
But now he will simply face two misdemeanour traffic charges from the July 3
incident in Eagle, Colorado.
His victim, Dr Steven Milo, 34, is meanwhile facing 'a lifetime of pain'
from his injuries.
A more compelling case for felony prosecution for hit-and-run is scarcely
imaginable. A bicyclist is uniquely vulnerable in an accident like this,
and in many cases, his or her very life depends upon receiving prompt
medical treatment. Moreover, it appears on the face of it that Erzinger was
lying: no jury would ever believe that he didn't know that he hit a
bicyclist from behind. He fled from the scene, and that is a felony.
Even more outrageous is the rationale that YOU reportedly offered for
failing to prosecute Erzinger: because it could jeopardize his job.
Justice in this case includes restitution and the ability to pay it,' said
District Attorney Mark Hurlbert.
He said Erzinger, a private wealth manager who manages more than $1billion
in assets at Morgan Stanley Smith Barney in Denver, is willing to take
responsibility and pay restitution.
'Felony convictions have some pretty serious job implications for someone in
Mr. Erzinger's profession, and that entered into it,' he said.
A felony prosecution is going to jeopardize just about anyone's job, for
cry-iy! If Kobe Bryant had been prosecuted for rape, it would have hurt his
career. And what about the Aussie kid who threw a snowball at one of his
co-workers? -- forget that student visa.
Or the two women who cheated during the Leadville 100?
Felony criminal impersonation?!? Who did they hurt?
And then, there's the mystery as to how you avoided prosecution of the local
Republican version of Richie Rich, former state treasurer candidate Mohammed Ali Hasan.
You can't tell me that Erzinger couldn't have made the poor doctor whole from his assets alone.
I'm a Certified Public Accountant. Am I entitled to one free felony in
Summit County? Or is this just a benefit extended to banksters who have
powerful friends in the Denver Rustlers? Is this a courtesy you only extend
to Republican friends of Larry "Silverado" Mizel? Or did you simply take a
bribe?
Whatever happened, Sir, to equal justice under law? The notion that no man
is above the law, and none are beyond the reach of its protection? Even the
execrable Judge Nottingham got it:
This republic is planted thick with laws, from coast to coast. Not every one
of us agrees with every one of those laws. There are people who disagree
strongly, who think they can disobey the law whenever it suits their
purpose. There are people who disregard the laws. .
The law in a republic such as this is in danger and cannot stand if a large
portion or a significant portion of the citizens of that republic come to
believe that it is not evenly enforced. That is what is meant by equal
justice under the law. It is not that you get the same sentence as everyone
else, of course. It is that you are treated equally.
If it is perceived that there is one law for the rich and one law for
everybody else, the law will ultimately fall into disrespect.
Clearly, in Summit County, there is one set of laws for the rich and
powerful, and another for the rest of us. You are not morally fit to
discharge the grave duties you have been entrusted with. I implore you to
resign, and to never again disgrace a Republican ballot with your presence.
One Dan Maes was more than enough.
Sincerely, Ken Smith
cc: interested bloggers and news outlets;
bcc: various Republican officials
http://groups.google.com/group/lawmen/browse_thread/thread/3f6ba05ac7ee2a88/caf59dfea4a691a6?show_docid=caf59dfea4a691a6
