March 7, 2005
While we welcome back Martha Stewart to the land of the living, and having just watched her triumphant televised speech to her assembled company, we are left with unanswered questions, questions which the press either doesn’t want to ask, or is too dumb to ask (no, not where was her missing electronic ankle bracelet). Namely,
Was what she did a crime? (Yes, of course, so it was ruled)
Should an indicted felon be permitted to make money off their crime? (No, of course not)
OK, then, now she’s on appeal, right? (Yes)
[If my analysis which follows is flawed, perhaps someone will point out where and how.]
If she wins her appeal, and if and when she proves that she was wrongly convicted, where does that leave the United States of America that put her in prison? (Liable for her wrongful incarceration, her emotional distress, her loss of freedom, her loss of assets, etc. etc.? And I don’t think the State can plead for immunity from that charge)
It seems to me that there should be a law that says if a losing party files an appeal after trial, then that person should not be permitted to serve the time, or pay the penalty, until the appeal is heard and ruled upon with finality.
Or, alternatively, if the losing party chooses to serve their sentence, then that should be an admission that they were justly ruled against, and an appeal should be barred.
Since I don’t think such a law exists, and since she should never have been convicted in the first place (I already gave my reasons), what she is doing now is pure strategy, and a good one, because now she can have it both ways.
And so again we see that going to court for resolution of disputes in front of judges, in this country, consists of coming up with a winning strategy. It has nothing to do with morality, nor justice, nor even seeing that “right was done”, which was the unarguable intention of the founding fathers’ creation of our Constitution, since trivialized.
Now it has come down to just the agendas of lawyers – money – and with their ongoing legal games, leading to ongoing legal fees. And the new game in town, how to enable celebrities to be stripped of their wealth (cf. Michael Jackson, Kobe Bryant, Lynn Redgrave).
Her Appeal failed. Of course!