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Decker sentencing

The sentencing of former Rep. Michael Decker is in recess until 1:15 p.m.

Update: If you haven't seen our news frot: Decker got 48 months (four years) and a $50,000 fine. He will probably serve his time in Butner.

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Update: Click here for audio of Decker talking to reporters outside the courthouse. It's a bit noisy because it was done near the street.

"There's no great reaction on my part, because I know I deserve it," Decker said.

Click here for audio of Decker's lawyer, David Freedman, talking with reporters.

"I do not believe there's any intention of appealing the sentence," Freedman said.

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Click here for the AP bulletin and click here for a prior post that links to some of the court documents. (Update: Click here for a better AP update.)

As things sit right now, Judge James Dever says that Decker qualifies for the maximum possible sentence - 5 years - but has listened to arguments about revising that downward. The main argument there is that Decker came in and helped the government out, telling them things they otherwise would not have known and leading to a swift plea deal with former House Speaker Jim Black.

Some quotes from this morning's session:

Dever: "Mr. Decker and Mr. Black did not operate in shades of gray or merely out-maneuver their political opponents...Decker and Black duped all members of the General Assembly and swung control of the office of Speaker of the House to a corrupt official, Jim Black."

Dever: "One veteran legislator sold his office to another veteran legislature for cash and other benefits."

Assistant U.S. Attorney John Bruce: "We think the court should give him (Decker) credit for coming in early and disclosing things to the government that the government may never have found out."

Decker: "I just want to get this behind me. I'll have to live with it the rest of my life."

No cell phones are allowed in the federal courthouse, but we'll update as soon as we can once there is a verdict.

Comments (5)

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JB said:

Given the severity of Decker's sentence in light of the prosecutor's recommendation for leniency and bearing in mind that he was the "cooperating witness" what do you think Jim Black is thinking right now?

Is there anyway to describe this sentencing other than Judge Dever through not just the book but the kitchen sink at Michael Decker?

Mark Binker said:

Did Decker get something toward the upper end of what might have been coming to him? Yup. Although I thought the judge built himself a pretty good case for giving Decker the full five years if he thought it was warranted, and he backed off from that.

Did Dever seem pretty hacked off? Yup. In fact, his tone was quite in contrast to anyone, at least any Democrat and quite a few Republicans, you'll find down at the General Assembly.

Will Speaker Black probably get more time? I'd say that's probaby a safe bet.

Doug Johnson said:

You really want to bet? My guess is they will take age into the matter. That means in king english, he is one of the good ole boys.
When are you going to write on HB878?

Mark Binker said:

Doug:

Sure, the judge could take age into consideration. But I think there would be an outcry if Decker wound up with more than Black. I think the best Black can hope for is the same sentence.

For the unitiated H878 is the bill that would put a consitutional amendment regarding eminent domain before the voters.

The bill itself isn't high on my to-do list The topic itself could move up, however, if we had a case come up in North Carolina (or better, Greensboro) relevant to the discussion...particularly related to the exercise of Amendment One powers.

For right now, the bill is going nowhere in the House and if it did somehow magically pass, would have a very, very hard time going anywhere in the Senate.

My guess is, we're going to need a specific case here for it to gain any traction.

Mark Binker said:

I should add: I have written once about this this a couple of times, most recently in a blog post here.

The other was much earlier in the session in a story
here. The eminent domain mention is toward the end.

Neither of those items focus exclusively on the topic, I'll grant you.

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