Katharine
Vote for Doug
October 22, 2010
Dear Friends,
I just learned that the SLC prosecutor, Will Carlson, who aggressively sought to prosecute Tuva and me in the SLC Criminal Justice Court, is the one and same Will Carlson who is running against Doug Nelson for school board.
Last March, Tuva (wearing his leash and harness; he pulled away) chased a deer that died from stress. Finally, after months of hassle and at great cost to the SLC taxpayer, a new prosecutor asked for the case to be dismissed “in the name of justice”; the case was dismissed Oct. 20. (The subpoenaed witnesses did not want to testify against Tuva and me, either.) For months Carlson tried to intimidate me to pay huge fines and serve probation, which I would not accept. Then, unbeknownst to me, he reduced the charges from class B misdemeanors to infractions just before the pretrial, eliminating my right to a jury trial. It is important that this type of person not get a seat on our school board.
Please vote for Doug Nelson for school board on Nov. 2. Also, please consider posting a yard sign for Doug. I have yard signs on my front porch (532 D Street) for you to take; Doug also has signs available on his front porch (174 F Street). Let me know if you would like me to bring you a yard sign if it is more convenient.
Also, ask all your friends to vote for Doug Nelson. Doug’s district includes constituents in the Avenues, around Capitol Hill and to the west of West High School. I would appreciate your help with this since there is very little time left to get the word out.
Thanks so much for your help, considering a yard sign and for your vote for Doug Nelson for school board. This is an important election!
~Hilary
4 Responses to “Vote for Doug”
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October 23rd, 2010 at 9:48 am
I want to share this update with you… I phoned the SLC Prosecutors Office to discuss my dissatisfaction with my prosecutor. Sim Gill himself returned my call immediately and was very interested and attentive to my comments. Not only did he listen to my story but he took the time to explain to me some of the parameters within which the city prosecutors work. But most important, he said that all prosecutors must remember that every defendant is an individual and should be treated respectfully, always. Therefore, he said each prosecutor must understand how his/her presentation might be perceived and that they must align this presentation with this principle. Clearly, Sim takes his job seriously. I think Salt Lake County would greatly benefit if he were our District Attorney and I would urge everyone to support Sim in his bid to become our next DA .Vote for Sim Gill on Nov. 2.
October 23rd, 2010 at 2:46 pm
I think there’s a distinction here, too, between responsible and superhuman. Tuva was in a harness, on a lead He saw something flash that, probably to him, was something to play with, and bolted out of her grasp. He did not bite or harm the deer.
Not being a lawyer, I still think the application of laws has something to do with intent, and it was certainly not Hilary’s intent to let her dog run roughshod in the neighborhood and hunt for deer.
October 24th, 2010 at 11:25 am
I am the same Will Carlson who is a prosecutor for Salt Lake City and is running for school board in Salt Lake City precinct 3.
Without getting into details of Hilary’s case, allow me to make two points. There are two consequences of amending charges from misdemeanors to infractions. First, all possibility of jail is eliminated in the case. Second, the constitutional right to a jury is removed. I amend charges from misdemeanors to infractions when, based on the facts of the case, I see no benefit to either the defendant or the public safety, for the judge to consider jail time at sentencing. On a dog case, I don’t believe jail is appropriate. So I did amend this case to an infraction.
Second, there are various reasons to support or oppose a candidate, some more sound than others. My opponent works at Primary Children’s Medical Center. But I would discourage anyone who has had a family crisis at Primary Childrens to vote against my opponent. Similarly, in my profession I interact with people who have been charged with violating the law. And I would discourage anyone from basing their vote on someone’s dissatisfaction with me because of that. I ask for your vote because I believe the school district should do more to support teachers both financially and professionally. That’s why I’m endorsed by the Salt Lake Teachers’ Association. I ask for your vote because I believe that LGBT children should be free from bullying and that LGBT teachers should be able to insure their families. That’s why I’m endorsed by Equality Utah.
Hilary had a bad experience with me as a defendant in a case of a dog that got away. I can understand her perspective. But when deciding who to support for school board, I’d encourage you to consider the perspective of our community’s parents, professionals, and children. And I ask for your support.
October 26th, 2010 at 4:40 pm
Will Carlson said in his response to my comment that as the prosecutor in my legal case, amending misdemeanors to infractions prevented jail time and saved the potential expense of a jury trial. At no time was the possibility of a jail sentence ever considered, so this amendment offered me no benefit. Mr. Carlson’s actions, however, meant I was denied my fundamental and constitutionally protected right to be heard before a jury of my peers. Bench trials generally disadvantage defendants; being shorter, fewer details can be examined.
Amending the charges in my case was not a public safety decision. And amending the charges, just before the pretrial, without informing my attorney or me, gave the judge the impression we were not prepared. I was facing prosecution as if I had intentionally set my dog loose to chase wildlife. When ordinances are written broadly, the prosecutor has an obligation to consider unique circumstances and exercise good judgment in the public interest. During the months between March and October, I offered several reasonable compromises. These were never considered.
After receiving a stem cell transplant in October 2009, I walked Tuva each day as he patiently helped me regain my strength. In June 2010, when I could be among strangers with a protective facemask, Tuva passed his tests to become both an AKC certified Canine Good Citizen and a therapy dog. Both of these tests demonstrate that he is an attentive, well-behaved, friendly and socialized dog. He shows no signs of aggression, rather he is known for his playfulness with all dogs at the park. He is now serving the community as a therapy dog; he had to wait for me to be sufficiently well to be his partner. But none of this counted for Carlson. He remained stubbornly committed to pursuing me as a criminal.
Some people have asked me why I fought the criminal charges. I had no choice: the implications of capitulation were too great. Using my case as a precedent, anyone who might accidentally drop a leash could be charged as a criminal. Unchecked prosecutorial aggressiveness, particularly when a defendant is cooperative and trying to settle a case, is an egregious waste of taxpayer monies and further overloads our city Justice Court.
It is because of my personal interaction with Will Carlson that I felt it important to share my personal story openly. Everyone with whom I have discussed my case agrees that, given the circumstances, this prosecutor went well beyond what could be considered rational or decent. I believe that the way a person uses the power invested in him by virtue of his job says a lot about who he is as a person. Yes, Will Carlson made my life unpleasant, but more important, if he is willing to spend precious tax dollars to convict me, is he to be trusted with our limited school funds? If he treats defendants contemptuously —especially those who are not protected by an attorney or a public defender—can he be trusted to respond fairly to the needs of those with whom he disagrees in our school district?
I support Doug Nelson for school board because I like his honesty, his integrity and his problem solving abilities. As an ER doctor at Primary Children’s Hospital and during his tenure on the SLC School Board Doug has honed his skills: he understands that to find solutions to problems effectively requires careful consideration of circumstances unique to each case.
Doug Nelson has worked for eight years to sustain a school district in a time when budget cuts are affecting every aspect of our lives. And he has a record of supporting teachers while promoting excellence in education. He works to protect all families—LGBT, refugee, homeless, disenfranchised, comfortable—because all of our families deserve protection under the policies and bylaws of the school district. I support a candidate who works for the people, not against us.
I want to clarify that my decision to support Doug Nelson to represent me on the school board is not due to my “bad experience…as a defendant.” It is because I trust a candidate who listens and remembers he is dealing with individuals doing their best to live in a complex world. I believe that Doug is the most capable to graciously and kindly make decisions to improve our school district. This is why I will vote for Doug Nelson to represent me on the Salt Lake City school board, and I hope you will, too.