This is Not Justice

The story:

Last Labor Day weekend, he and a buddy entered a neighborhood friend's unlocked townhouse when no one was there. Trading cards, a video game, a game controller, and $340 in cash were reported missing by the homeowner.

A month later, Ramos was charged with first-degree felony burglary. The Plumstead Township resident admits trespassing but denies taking anything. . . .

It might be just another incident buried in the local police blotter. Except that Joe Ramos is an 80-pound fifth grader who was 10 years old at the time of the alleged crime. And the aggrieved homeowner, T. Gary Gambardella, is a high-ranking prosecutor in the Bucks County District Attorney's Office.

See, Larry King, 1st-degree felony, 5th-grade defendant. The Inquirer article also notes that, despite the rarity of bringing charges against someone so young (I know my daughter at 10 wouldn't have had a clue what stealing was), the D.A.'s office ignored the apparent conflict of interest in the case and brought charges against the kid. It was over 3 months before the District Attorney Diane Gibbons decided to get the state Attorney General's Office involved to assign an independent prosecutor.

And who is this incorrigible hoodlum?

Joe, who turned 11 in January, is a dark-eyed, athletic boy whose father died when he was 3. His teachers, coaches and friends have lauded his manners, diligence and kindness in glowing reference letters, and his school recently nominated him for a district award given for caring about others.

"He unconditionally helps those who need it, without being asked, and never asks for, or expects, anything in return," wrote Briana Derry, his teacher at Groveland Elementary, in a letter she gave to Joe's mother. ". . . I would love to have Joe as my own child."

Yes, we definitely need to keep people (and kids) like this off the street.

The case was resolved earlier this week when a consent decree was entered, Bucks boy, 11, gets probation over burglary, which does not call for an admission of guilt, but places Ramos on probation and requires community service. Despite the plea, Ramos still denies having taken anything from Gambardella's home.

However, the story is not quite over.

After getting some flak over the prosecution of a 10 year old for a minor offense and ignoring the apparent conflict of interest, Gibbons responded in true Republican fashion. She personally attacked the kid, claiming he was accused twice before of similar conduct but not arrested. See Child's arrest becomes issue in judge race. It's the guilt by accusation rule of law. As the Inquirer noted:

After The Inquirer published a story March 18 about the handling of the case, Gibbons was quoted in two other newspapers that the boy had been involved in two previous burglaries. However, she gave no specifics, and The Inquirer could find no evidence to support her claim.

Yesterday, Schneider called on Gibbons to correct those statements.

"What Joe has done, he doesn't deserve a reward for, but he also doesn't deserve to be held up to ridicule and shame," Schneider told reporters. "He has suffered as a result of what has happened here, particularly with respect to remarks made about his having done this for the third time.

"That information is incorrect," he said. "The juvenile probation officer who investigated this case indicated that he has spoken with several chiefs of police, the Bucks County Children and Youth Social Services Agency, and there was no report that Joe had ever done anything like this before . . .

"I would hope that this would be corrected."

At an afternoon news conference, Gibbons said she would do no such thing.

"It's not untrue," she said.

Asked for specifics of the other incidents, Gibbons said she could not elaborate because Joseph is a juvenile.

Of course, Gibbons had no compunction about charging Ramos or defaming him in the press, but claims secrecy when asked for proof of the claims. That's justice, Republican style.

Best headline on this sorry affair, Bucks County DA Mad At 11-Year-Old For Stealing Her Lunch Money, Defames 11-Year-Old In Newspaper.

The story has a postscript.

Would it surprise you to learn that Diane Gibbons is running for Judge (on the Republican ticket) in Bucks County? Bucks D.A. declares her candidacy for judge. If she loses the election, maybe she'll be considered for the next U.S. Attorney spot by Gonzales and the White House. She has all the makings of the perfect choice.

Tags: Philadelphia, Philly, Law, News, Diane Gibbons