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Judge scolds killer for blaming "system"

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Agent@Large

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Oct 7, 1998, 3:00:00 AM10/7/98
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I thought this was an interesting piece of news. I especially liked
the response of the Judge. Malak is undoubtedly also the killer of 15
year-old, Joseph Martin, but was never charged for that crime. The
teen was last seen on his way to meet Malak. (Much like the murder of
the young mother, Nicole Palmer, which was surely committed by Larry
Whitehurst a couple of years ago. Whitehurst was never charged with
that murder, but was charged and subsequently convicted of killing
little 7-year old Rikel Knox in Kingston. Ms. Palmer's body - minus
head and fingers - was found encased in cement in the basement of
Whitehurst's Kingston apartment after his arrest for Rikel's murder.)

Anyway, here's the article. Feel sorry for Malak if you want. As for
me, I'll sleep peacefully tonight knowing that this scumbag won't be
free for a long, long time.

-----------------------------------------------------------------------------------------------------------
Teen draws 20 to life for fatal shooting
By CYNTHIA WERTHAMER Freeman staff
KINGSTON NY -

Eighteen-year-old Daniel Malak did not apologize Tuesday for killing
Samsonville resident George Allison, saying at his murder sentencing
that "the system" was responsible. Prosecutor Donald A. Williams Jr.
told Ulster County Judge J. Michael Bruhn that Malak's statement to
probation officials after his arrest showed the teen-ager was "morally
bankrupt" and had "the character of a sociopath."

"The reason I'm callous and all what Mr. Williams said is because of
the system, people who sent me to group homes and like that," the
Kerhonkson teen said in court. "He made me out to be a sociopath, but
that's not who I am. Just ask the people in my family. .... That's all
I have to say."

"For you to stand there and try to blame your life up to this point is
outrageous," Bruhn replied. 'Life is a very precious thing, and for
you to play God and take someone's life is not something this
community wants.

"Another thing I find incomprehensible in your statement (to probation
officials) is that you "deserve a break," the judge continued. "You
didn't give a break to Mr. Allison, did you? That's the kind of break
you deserve, in duplicate."

Bruhn then sentenced Malak to 20 years, to life in state prison for
shooting Allison to death on Aug. 5, 1997, outside Allison's home on
DeWitt Road in Samsonville.

The youth stole Allison's car after the shooting and drove with
friends to Long Island, where he was arrested two days later. Malak
pleaded guilty to second-degree murder on Sept. 3 in exchange for a
promise that he would be sentenced to less than the allowable maximum
- 25 years to life in prison.

But Williams told Bruhn that Malak should not be allowed to go free
after serving the 20-year minimum. "We strongly believe he should not
be considered for early release due to our sincere belief this
defendant is, has been, and will continue to be, a danger to any
individual," he said in the impassioned plea. "He murdered simply for
the theft of a car. ... This defendant is, simply put, morally
bankrupt."

Brooke DeGroat of New Windsor, a cousin of the 62-year-old victim,
said after Tuesday's court proceedings: "I was disappointed by the
statement he (Malak) made to the court. He was lacking any true
remorse." During the proceeding, DeGroat called Allison "a devoted
brother, uncle, cousin and friend" and called the killing "brutal and
senseless." He then read a statement from Mary Ethel Allison Pringle,
Allison's sister, who lives in Idaho, that asked for the "harshest
sentence possible." "Two lives were destroyed, the victim and the
perpetrator,' the statement added.

Malak had been in trouble with the law before the killing, but he had
no adult criminal record because he was younger than 16 when he was
charged with such offenses as burglary. He also was investigated, but
never charged, in the disappearance of Samsonville teen-ager Joseph
Martin, who remains missing after more than two years. Malak's mother
and aunt declined to comment about the sentencing. Defense attorney
Stewart Rosenwasser of Montgomery said he thought Malak was trying to
apologize in his courtroom remarks. "He's had a troubled youth, and
his inability to express himself today is indicative of that,'
Rosenwasser said

Sharonpo

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Oct 9, 1998, 3:00:00 AM10/9/98
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>ag...@ie-com.com (Agent@Large)

>Eighteen-year-old Daniel Malak did not apologize Tuesday for killing
>Samsonville resident George Allison, saying at his murder sentencing
>that "the system" was responsible.

<snip>

>"The reason I'm callous and all what Mr. Williams said is because of
>the system, people who sent me to group homes and like that," the
>Kerhonkson teen said in court. "He made me out to be a sociopath, but
>that's not who I am. Just ask the people in my family. .... That's all
>I have to say."

Ah, another graduate of JTTIS, JOE The Toe Institute of Stupidity.

Since The Joe can't be here to speak fro himself, I'd like to say on his behalf
that The JOE is VERY proud of Daniel and FULLY supports Daniel's, umm..,
antisocial behavior in committing murder, as well as Daniel's subsequent
condemnation of society for his behavior.

The JOE is a little miffed, however, that Daniel did not appreciate being put
in a group home.

Hoover, highpriest of the absurd

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Oct 9, 1998, 3:00:00 AM10/9/98
to
DedNdogYrs wrote in message *
* *
> not all violent criminals are made by child abuse. Some are
>just never taught to respect the rights of other people, never made to
suffer
>consequences or punishment for abusing other people, and/or given
everything
>they ever wanted without earning it. There may also be a hereditary
>predisposition to criminal behavior.


I think this is an objective view and agree with it. How a judge, though,
can presume to know a criminal's motives in most situations is beyond me.
Of course, it is a social norm that judges deliver some condemnatory oration
against defendants who are found guilty. Some of those defendants are no
doubt revealed to be innocent later, but that does not give most judges
pause.


Hoover, highpriest of the absurd

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Oct 9, 1998, 3:00:00 AM10/9/98
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Agent@Large wrote in message <361edaa6...@netnews.worldnet.att.net>...
>Maybe I'm misunderstanding you, but believe me, Judge Bruhn had plenty
>of information to assess this punk's motives: Malak's own admissions ,
>the pre-trial and pre-sentencing reports, and facts brought into
>evidence that spoke for themselves. There was no ambiguity regarding
>motive. Motive was never really a question - but what was so upsetting
>to this Judge, and others following the case, was the PETTINESS of the
>motive.
>
>What constitutes "motive," anyway? What one THINKS causes what he
>does? Or what one MAY NOT know? And if one doesn't know why he did
>something, can anybody else truly know? And if nobody can ever really
>know why an offender breaks a law, should we give him the benefit of
>the doubt? If so, then why even have a criminal justice system?
>Without the concept of motive, I don't think we'd be able to solve
>very many crimes.
>
>No, I think it's quite appropriate to view this young man as a
>"sociopath" and "morally bankrupt."

Well, undoubtedly some people know more than I do about this young man.
However, his statements in this particular situation don't necessarily mean
he is a sociopath. (I'm not saying he isn't, just that it's foolish to judge
based on so little evidence.) Often such evidence depends on the
articulateness of the defendant or the degree of conflict the victim is in
with his society.

I don't feel sorry for anybody, but I suppose I empathize. I do have a
reluctance to be wrong, to commit an act that affects other creatures that
is based on wrong judgement, and especially to impose things on others
judgementally based on things I really don't know. Thus, I think to
retaliate for severe personal victimization is one of the few situations in
which one can legitimately act, one in which the individual has some genuine
authority.

In cases where one is acting on other people and without extensive personal
experience in the situation, there is a substantial chance that one is
wrong. For this reason, I think it is counter-productive in the long run
for judges to deliver condemnations of defendants. I suppose they do it to
assuage the feelings of the victims, but it is really another symbol of how
the justice system is unconcerned with truth. Most judges do this most of
the time, so it isn't based on the particularities of each case. If the
justice system were more formalized and less slavishly devoted to politics,
it would instill greater respect in the minds of many "criminals" as well as
victims.


DedNdogYrs

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Oct 10, 1998, 3:00:00 AM10/10/98
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From: shar...@aol.com (Sharonpo)

<Eighteen-year-old Daniel Malak did not apologize Tuesday for killing
Samsonville resident George Allison, saying at his murder sentencing
that "the system" was responsible. "The reason I'm callous and all what Mr.

Williams said is because of the system, people who sent me to group homes and
like that," the Kerhonkson teen said in court. "He made me out to be a
sociopath, but that's not who I am. Just ask the people in my family. ....
That's all I have to say.">

<<Ah, another graduate of JTTIS, JOE The Toe Institute of Stupidity.
<<Since The Joe can't be here to speak fro himself, I'd like to say on his
behalf that The JOE is VERY proud of Daniel and FULLY supports Daniel's, umm..,
antisocial behavior in committing murder, as well as Daniel's subsequent
condemnation of society for his behavior. The JOE is a little miffed, however,
that Daniel did not appreciate being put in a group home.>>

* * *
Perhaps if Joe would do some reading other than just the news reports off of
his AP teletype or whereever he gets these things from all over the world, he
would see that not all violent criminals are made by child abuse. Some are


just never taught to respect the rights of other people, never made to suffer
consequences or punishment for abusing other people, and/or given everything
they ever wanted without earning it. There may also be a hereditary
predisposition to criminal behavior.

Dogs & children first.

Agent@Large

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Oct 10, 1998, 3:00:00 AM10/10/98
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On Fri, 9 Oct 1998 19:52:56 -0700, "Hoover, highpriest of the absurd"
<highp...@absurd.net> wrote:

>DedNdogYrs wrote in message *
>* *

>> not all violent criminals are made by child abuse. Some are
>>just never taught to respect the rights of other people, never made to
>suffer
>>consequences or punishment for abusing other people, and/or given
>everything
>>they ever wanted without earning it. There may also be a hereditary
>>predisposition to criminal behavior.
>
>

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