Free Memorandum - District Court of Arizona - Arizona

1 JON M. SANDS Federal Public Defender 2 District of Arizona 850 W. Adams Street, Suite 201 3 Phoenix, Arizona 85007 4 Telephone: (602) 382-2721 5 JEANETTE E. ALVARADO, #016111 Asst. Federal Public Defender 6 Attorney for Defendant [email protected] 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 vs. Roman Edward Piotrowski, Defendant. Defendant, Roman Piotrowski, respectfully requests that the Court United States of America, Plaintiff, No. CR-02-50109-PHX-ROS DISPOSITION MEMORANDUM

17 consider the attached sentencing memorandum when making a determination as to 18 the appropriate sentence at disposition. 19 20 21 22 23 24 25 26 27 28 s/Jeanette E. Alvarado JEANETTE E. ALVARADO Assistant Federal Public Defender It is expected that excludable delay under Title 18 U.S.C. Section 3161(h)(1)(F) may occur as a result of this motion or from an order based thereon. Respectfully submitted: October 31, 2005. JON M. SANDS Federal Public Defender

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MEMORANDUM Roman Piotrowski has problems. Roman is legally blind, jobless, bi-

3 polar, and a drug addict. Should the Court's response to his many problems be 4 prison? Will sentencing Roman to months or years in prison make Roman 5 Piotrowski better or make the public safer? No. 6 A decision to sentence Roman Piotrowski to prison is undeniably pinned 7 to a belief that he continues to behave "criminally" because he lacks the morals to not 8 do so. And, that by imposing and/or threatening longer and longer prison terms, the 9 10 public is somehow being guaranteed a measure of social control over Roman. 11 By incarcerating Roman, the Court is emphasizing punishment and 12 incarceration at the expense of his rehabilitation and potential for recovery. Roman 13 is not asking for a free pass, but simply a sentence that would put rehabilitation over 14 punishment. What Roman really needs is: 15 16 17 and group) 18 19 20 21 22 uninterrupted supply of psycho tropic medication uninterrupted access to substance abuse counseling (individual

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a stable and decent residential environment a long-term substance abuse rehabilitation program a long-term mental health counseling program

If Roman has any possibility of reentering society successfully, the

23 factors as listed above have to exist. If just one of these essential elements is Roman's "criminal behavior" in using 24 missing, Roman will not succeed. 25 methamphetamine is not simply caused by a failure of moral willpower, but results 26 from a constellation of factors, including his physical and mental disabilities, his 27 poverty, poor access to uninterrupted healthcare, and lack of economic opportunity. 28
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A key example is his missed appointments. These missed appointments

2 happened during the summer. Roman had no transportation to or from the meetings. 3 Due to his medical problems, specifically his high blood pressure, waiting for the 4 bus in 110 degree weather was not possible, or he could suffer the worsening of his 5 already diminished health. AHCCCS used to provided funding for transportation to 6 and from the meetings, and when that occurred, Roman did not miss a meeting. It 7 was only when AHCCCS stopped providing the funding for his transportation to and 8 from meetings, thereby making transportation a problem, that making meetings 9 10 became a problem for Roman. 11 What Roman really needs it to be covered by AHCCCS, continue to live 12 in his residence and to be in contact with his daughters to establish a good 13 relationship with them. The court's concern regarding his relapse into drugs would 14 best be served by a limited time period in a half-way house, not prison. This half15 way house period would allow Roman to apply for and become eligible again for 16 AHCCCS to get everything back on track. 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully submitted: October 31, 2005. JON M. SANDS Federal Public Defender

s/Jeanette E. Alvarado JEANETTE E. ALVARADO Assistant Federal Public Defender

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1 Copy of the foregoing transmitted by CM/ECF 2 this 31st day of October, 2005, to: 3 DARCY A. CEROW Attorney 4 Assistant U.S.Attorney's Office United States 5 Two Renaissance Square 40 N. Central Avenue, Suite 1200 6 Phoenix, Arizona 85004-4408 7 Copy mailed to: 8 SUSAN D. NORK United States Probation 9 Field Supervision Office 10 230 N. 1st Avenue, Suite 406 Phoenix, AZ 85003-1725 11 ROMAN EDWARD PIOTROWSKI 12 Defendant 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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s/Jeanette E. Alvarado 14 JEANETTE E. ALVARADO
\DispositionMemorandumMTN

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