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: Lawbeat

Stevens sentencing math: a triumph of good PR?

By Mark Obbie

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Every high-profile criminal verdict brings a new opportunity for reporters to explain how sentences really work. The O.J. Simpson verdict earlier this month served as a reminder of a very old and very stupid journalistic habit: adding the maximum possible sentences on all counts and treating the sum as the possible sentence. So I approached the coverage of Sen. Ted Stevens' guilty verdicts yesterday with my "gotcha" glasses on. How many reporters would write that the 84-year-old senator, convicted on seven felony counts of making false statements of gifts he received, faces up to 35 years in the clink?The answer: None! Every account I read made clear the realities of sentencing in a case like this. In fact, the reports were so consistent that I see the invisible hand of public relations at work. Some smart flack -- fearing Stevens' election-eve conviction woes would be compounded by visions of him doing hard time -- got to the trial reporters in advance. How else to explain this sort of consistency -- invariably attributed, if at all, to unnamed sources?

Stevens faces up to five years in prison on each count when he is sentenced, but under federal guidelines he is likely to receive much less prison time, if any. (AP's Matt Apuzzo and Jesse Holland)... guilty on seven felony counts, each with a maximum penalty of five years in prison. The senator, who probably will face a less severe penalty under federal sentencing guidelines.... (Del Quentin Wilber, Washington Post)Given his age, clean record and history of public service, Sen. Stevens is unlikely receive a long prison sentence, and may not serve any time, observers said. (Brett Kendall, The Wall Street Journal)Each count carries a maximum sentence of up to five years in prison, although he is not expected to get anywhere near that term. Some experts said there was a chance he could get probation, given his age, years of public service and other factors. (Richard Schmitt, Los Angeles Times)Under complicated guidelines that are no longer mandatory, Judge Sullivan has wide discretion in setting a sentence, although lawyers familiar with the subject said it was difficult to conceive of a situation in which Mr. Stevens would not be required to spend time in jail. (Neil Lewis, The New York Times)He faces up to five years in prison on each of the seven counts. Under federal sentencing guidelines he would likely receive much less prison time or only probation. (Randall Mikkelsen, Reuters)Each count carries a maximum penalty of five years in prison, but judges have leeway in sentencing. (Matt Kelley, USA Today)Stevens also risks jail time. The seven felonies each carry a penalty of five years in prison, though it’s unlikely a significant prison sentence, if any, would be imposed on an 84-year-old, first-time offender with a long record of public service and a longer list of character references. (Erika Bolstad and Richard Mauer, Anchorage Daily News)Though jail may be looming for the senator, many D.C. criminal defense lawyers believe he will get no more than six months in prison, if that. They point out that his age and public service will weigh on the sentencing decision. (Mike Scarcella and Joe Palazzolo of Legal Times)

Somewhere, a Williams & Connolly associate or Senate press aide is taking a bow.

Full post as published by Lawbeat on October 28, 2008 (boomark / email).