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Atlanta judge Herman Sloan gave the young men an alternative: 10 days in jail
The Atlanta Journal-Constitution
Published on: 07/01/08
Don't let your cell phone go off in Herman Sloan's courtroom. You'll be sorry if you do.
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Sloan, an Atlanta Municipal Court judge, held two men in contempt of court recently after their cellphones rang, just minutes apart, while court was in session at the downtown Atlanta courthouse. He put both men in the jury box and finished the cases on his docket before doling out identical sentences to the men: a $200 fine or 10 days in jail.
Both men tried to get out of it, apologizing to Sloan and explaining how their phones went off despite earlier warnings from a court officer.
The first phone sounded in the courtroom around 9:19 that morning.
"Whose cell phone?" Sloan asked, according to video footage of the day's events, viewed by the Atlanta Journal-Constitution.
Curtis Freeman, who was in court for a ticket for driving without a driver's license, was asked to stand up.
"Have a seat in the jury box," Sloan told him.
About 10 minutes later, Deshawan Cherry's phone interrupted the court. He joined Freeman in the jury box.
"Does anybody else want to do 10 days?" Sloan asked.
At the end of the session, Sloan brought Freeman, 27, and Cherry, 26, up to the podium, one at a time, to let them have their say.
Talking softly and tripping over his words, Freeman told the judge that he was late to court and didn't hear the initial cell phone announcement.
"But I want to give my deepest apologies to the court," he said. "I never wanted to disrespect the court in (any) way."
Cherry, in court for a speeding ticket, claimed his phone was turned off.
"I don't know why it went haywire," he said.
Cherry said he couldn't afford to spend 10 days in jail. "I'm the head of a household. I'm a young entrepreneur. I have a business to run."
Both men paid the fines rather than spend time in the Atlanta City Jail, spokeswoman Gayle Middlebrook said.
Neither the men nor the judge could be reached for comment on the June 19 arrests.
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Comments
By dave
Aug 16, 2008 6:58 PM | Link to this
the judge extorted money from these people by putting them under duress all they had to is ask the judge if the contempt was civil let the judge pause if he said civil then they should have said what contract was broken the judge knows there is no contract there for the civil contempt would have been dropped if the judge said criminal then they should told the judge who has a claim against them and please show me the injured party since there is no injured party the contempt charge would have been droped next time some power tripping a hole tries this it's a nice way of saying F.U. and you go home free and clear
By dave
Aug 16, 2008 6:58 PM | Link to this
the judge extorted money from these people by putting them under duress all they had to is ask the judge if the contempt was civil let the judge pause if he said civil then they should have said what contract was broken the judge knows there is no contract there for the civil contempt would have been dropped if the judge said criminal then they should told the judge who has a claim against them and please show me the injured party since there is no injured party the contempt charge would have been droped next time some power tripping a hole tries this it's a nice way of saying F.U. and you go home free and clear
By dave
Aug 16, 2008 6:57 PM | Link to this
the judge extorted money from these people by putting them under duress all they had to is ask the judge if the contempt was civil let the judge pause if he said civil then they should have said what contract was broken the judge knows there is no contract there for the civil contempt would have been dropped if the judge said criminal then they should told the judge who has a claim against them and please show me the injured party since there is no injured party the contempt charge would have been droped next time some power tripping a hole tries this it's a nice way of saying F.U. and you go home free and clear
By sickntired
Jul 3, 2008 7:40 AM | Link to this
Joe, I think you missed the point here. It really isn't about money so much as it's about following the rules in court. Same as any other situation involving a fine. You do something wrong and get caught, you pay the price. That's the bottom line. I don't think that the court should take socio-economic status into a situation. These individuals blatantly disobeyed a rule in the courtroom and are being punished.
Would you have a sliding scale put into place where different violators of the same rule pay different fines based on their income? Does that sound fair to you?
This whole situation could have been avoided if these inconsiderate people had simply turned their phones off in a court of law. They shouldn't have to have been told. This is common sense.
By Joe
Jul 2, 2008 3:49 PM | Link to this
I have a problem. Not with the penalty but with the choice. In other words if either man had been very poor he would be doing jail time for something that someone with money wouold get out off.
By Brian
Jul 2, 2008 11:56 AM | Link to this
Based strictly on the story, it sounds to me like both men had reasonable explanations which should have been taken at face value and their apologies accepted. Judges are expected to use good judgment and not be petty or abusive of the authority that has been entrusted to them. It looks to me like Judge Sloan needs to be less confrontational.
By kANYE WEST
Jul 2, 2008 10:56 AM | Link to this
THEY SHOULD BE PUNISHED BECAUSE EVERY1 KNOWS IT WOULD DISRESPECT THE COURT
By jlove
Jul 2, 2008 10:33 AM | Link to this
I think this judge should be applauded for taking a stand against this cell phone and noise pollution that we all now have come be bombared with. NOW, if only we can get Judge Sloan to monitor the movie theaters where there is rampant abuse of cell phones, ringing, people answering and talking on them aloud during the movies, etc...and these dopes seem to think they have a constitutional right to keep a phone hanging off their butt 24/7 no matter what the setting! I say toss them to the lyons!!!
By Sickntired
Jul 2, 2008 9:53 AM | Link to this
I think I've seen it all. Those of you defending these illiterate morons for blatantly disobeying the rules are idiots. Bottom line is this: These individuals showed BLATANT disregard for the rules of the courtroom and BLATANT disrespect for the court. And all they got was a small fine. Then you all come on here, acting as though this fine might bankrupt the offenders. If they can afford their cell phones, and they can afford the small fine they were issued. Don't like the fine? Turn off the phone. They were told to in court. Just because they showed up late is no excuse. Way to go, judge. Keep up the good work.
By Sickntired
Jul 2, 2008 9:50 AM | Link to this
I think I've seen it all. Those of you defending these illiterate morons for blatantly disobeying the rules are idiots. Bottom line is this: These individuals showed BLATANT disregard for the rules of the courtroom and BLATANT disrespect for the court. And all they got was a small fine. Then you all come on here, acting as though this fine might bankrupt the offenders. If they can afford their cell phones, and they can afford the small fine they were issued. Don't like the fine? Turn off the phone. They were told to in court. Just because they showed up late is no excuse. Way to go, judge. Keep up the good work.
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