Category Archives: Policy
Divyendu Sinha Murder Case:Steven Contreras Pleads Guilty to 2nd Degree charge of “Conspiracy to Commit Aggravated Assault” in a Plea Bargain Deal
Divyendu Sinha Murder Case Update-30 November 28, 2012
Steven Contreras Pleads Guilty to 2nd Degree charge of “Conspiracy to Commit Aggravated Assault” in a Plea Bargain Deal
1. As part of the plea bargain, Contreras plead guilty to the charge of “Conspiracy to commit Aggravated Assault”, which is a 2nd degree charge. For purposes of sentencing, he will be sentenced for a 3rd degree charge with a jail term of up to 4 years. The reasons for this are as follows:
- The original charge that he was to be tried for is “Reckless Manslaughter” (2nd degree). However, the plea agreement changed this to “Conspiracy to commit Aggravated Assault” (also 2nd degree), because by pleading guilty to a 2nd degree conspiracy charge, it greatly helps us in establishing the other 4 as co-conspirators in the next trial.
- Secondly, in order to sentence him to only 4 years max, the charge to be used for sentencing needed to be downgraded to a 3rd degree charge, since 4 years falls below the guideline range for 2nd degree offenses.
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Update-30 November 28, 2012
November 28, 2012
Dear Supporters of Sinha Family and Community Members:
Namaste. We communicated to you last on July 9 where we informed you that Steven Contreras, the driver of the car that carried other four defendants in the case of The State of New Jersey Vs. Steven K. Contreras for the murder of Dr.Divyendu Sinha on June 26, 2010 had rejected a plea bargain on June 20 and the court had set September 24, 2012 as the trial date for the charge of Reckless Manslaughter (Count 5C: Steven K. Contreras did recklessly cause the death of Dr. Divyendu Sinha)on which the previous jury was hung. Later that date was changed to November 27, 2012.
(Dr. Divyendu Sinha 1961-2010)
I had received several email inquiries in last couple of months inquiring about the status of the case. As we did not have firm information and we were expecting further delays, I had not been able to provide any update. In the mean time, I had to go to Bharat for a short visit and returned on 11/26 to be in time for the possible start of the trial. On that night, the day before the trial was to start, the Assistant Prosecutor, Mr. Christopher Kuberiet called Alkabahen and informed her that Defense attorney, Mr. Abdellah had conveyed to him that Steven Contreras (SC) was ready to accept a plea deal with some modifications. Alkabahen had an urgent meeting with Mr. Kuberiet and it was decided to accept the guilty plea from SC.
So, yesterday morning we were at the Middlesex Superior Court in the court room of Judge Bardley Ferencz. There were 150 potential jurors waiting downstairs to be called for jury selection. The judge asked counsels from both sides to state their position.
The plea deal was essentially same that the prosecutor had offered on June 20th except that the maximum exposure to jail time was reduced from five years to four years.
Mr. Abdellah went through a series of questions that he asked SC as per the standard procedure. Sc answered yes to the following questions.
- Were you in the town of Old Bridge on the night of June 25, 2010?
- Were you driving a vehicle?
- Were the four defendants (Julian Daley, Christopher Conway, Cash Johnson and Christian Tinli) in your car?
- Did you agree to go and f*** someone up?
- Did you understand that f*** someone up meant causing serious bodily injury?
- were there two incidences (of altercation)? {later on the Assistant Prosecutor corrected this as there were three incidences that night.)
- Did four persons jumped out from your car (to attack Dr. Sinha and his family)?
Convicted Criminal, driver of the car:
Steven Contreras
Then Mr. Kuberiet asked a number of questions to which SC answered in affirmative.
- There were three incidences and not two?
- You said you were angry when Mr. Martino escaped from you?
- you waited for the four defendants with your car lights off?
- You were aware that there was serious bodily injury being caused?
Then Mr. Abdellah asked SC if he understood the following, to which SC answered Yes:
- By pleading guilty, you are waving your right to a trial
- You will have a felony record
- You lose right to appeal
- There is a presumption that you will go to jail
- For 2nd degree Conspiracy to Commit Aggravated Assault , you could be sentenced to 10 years in a state prison with 85% mandatory incarceration
- The State will recommend to the judge to impose a sentence of no more than 4 years inclusive of all other third degree charges on which you are convicted (there was conviction on six charges.)
- In exchange of that recommendation you will fully cooperate and testify truthfully on behalf of the State in the trial of four defendants
- If you fail to cooperate, the Prosecution will ask the judge to cancel the deal and you could be sentenced to the full term (i.e., 10 years)
- As a youthful offender, you will not go to the State prison
- You do not have to pay any restitution
- If you move to another state (during post incarceration probation period), you will need to seek permission from the court
- Your education history, health history and family history will be evaluated before imposing the sentence
- If you violate probation after serving your sentence (3 to 4 years), you will have to serve the full term under the law (10 years.)
- Are you satisfied with my service
SC answered in negative when he was asked if he was coerced, threatened, influenced or promised anything other than what was written in the plea deal.
Then Assistant Prosecutor, Mr. Kuberiet turned to SC and said the following:
- Very soon, the Judge will proclaim you guilty; do you want to speak with anyone before you plead guilty? SC answered “No.”
- CK: Were you forced, threatened or otherwise influenced by anyone to plead guilty? SC: No.
- CK: you can get 7 years if after serving 85% of the imposed sentence, you do not behave.
- CK; if you do not cooperate in the trial of remaining four defendants, you will get maximum sentence, i.e., 10 years, plus possibly consecutive sentences for all third degree charges on which you were convicted; and you will not be able to ask for a trial.
Now, the Judge, Bradley Ferencz (BF) addressed SC, who stood up to plead guilty.
- Understand that the plea is between you, your lawyer and the Prosecutor. The Court is not a party to it
- Once the plea is accepted, it is permanent
- You have stated that you have spoken to your lawyer
- That he has answered all your questions
- That he has served you well
- That you have read and understood the guilty plea and the deal without any pressure
- That you have answered all questions honestly
- That you were not threatened or forced to accept the deal and plead guilty
- That you are/were not under influence of any drug. alcohol.medicine that would impair your ability to make a decision
- That you are completely cognizant
- That the State has asked that you be sentenced to four years in a prison
- If I accept the plea, you will be sentenced to from 3 to 4 years
- If I do not accept the plea, I will impose a longer sentence; you can ask for a trial and whatever you said today cannot be used against you in the trial
- If you do not cooperate with the prosecution (as a part of the plea bargain), the plea stands, that is, you remain guilty and you cannot ask for a trial but your sentence will be increased to up to 10 years plus possibly consecutive sentences for other crimes for which you are already convicted
- You have to come here for the sentencing. If you do not and run away from the law, they will eventually catch you and you will be looking at 15 years in a state prison.
SC answered yes to each statement indicating that he understood the implications of his decision to plead guilty and consequences of failing to cooperate or failing to appear for sentencing.
The above process lasted about 25 minutes. Then at 10:25 am, the judge announced that he had accepted the negotiated Guilty plea of Steven Contreras. Thus after almost two years and five months to the day, came some relief to Alkabahen, her sons and her well wishers.
With the consent of defense attorney and the Assistant Prosecutor, the judge deferred the sentencing until after the trial of four co-defendants was concluded and decided that SC can stay free in the mean time.
This paves way for the next trial of four co-defendants, i.e., Julian Daley, Christopher Conway, Cash Johnson and Christian Tinli.
Christian Tinli Cash Johnson Christopher Conway Julian Daley (From top left, anti-clockwise)
It is likely that the trial will start in late January, 2013. We will keep you posted of developments. Let us not lose the focus. We want to work together as a community of law abiding citizens as this effects all- US Citizens, Indian immigrants, Blacks, Whites and Asians as well as people of any religious persuasion. When the trial starts, we will need your support in being present in the court as you did for the first trial.
On behalf of Ms. Alka Sinha and the family, we thank you for your tremendous support.
Gaurang G. Vaishnav
Vishwa Hindu Parishad of America (VHPA)
Follow Vishwa Hindu Parishad of America at:
Disclaimer: This is a synopsis of court hearing based on notes taken by me. Not all communications are captured and while I attempt to be as accurate as possible, there may be legal points that could have been missed or misinterpreted. – Gaurang
These are the third degree charges on which Sc was convicted earlier:
Count 1b (Conspiracy):
Steven K. Contreras did conspire with Julian C. Daley and/or Christian M. Tinli and/or Christopher Conway and/or Cash Q. Johnson to commit the crime of aggravated assault, significant bodily injury, and did an overt act.
Count 3b (Aggravated Assault):
Steven K. Contreras did purposely attempt to cause significant bodily injury to Anthony Martino.
Count 6b (Significant Bodily Injury):
Steven K. Contreras did purposely attempt to cause significant bodily injury to A.S. (Ashish Sinha.)
Count 7b (Significant Bodily Injury):
Steven K. Contreras did purposely attempt to cause significant bodily injury to R.S. (Ravi Sinha.)
Count 8 (Riot):
Steven K. Contreras did participate, within a group of four (4) persons, in a course of disorderly conduct with purpose to commit or facilitate the commission of a crime.
Count 9 (Hindering Prosecution or Apprehension):
Steven K. Contreras with purpose to hinder the apprehension, prosecution, conviction or punishment of another person, that is,
Julian C. Daley and/or Christian M. Tinli and/or Christopher Conway and/or Cash Q. Johnson did suppress, by way of concealment or destruction, any evidence of a crime, or tamper with a document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of the said Julian C. Daley and/or Christian M. Tinli and/or Christopher Conway and/or Cash Q. Johnson or in the lodging of a charge against Julian C. Daley and/or Christian M. Tinli and/or Christopher Conway and/or Cash Q. Johnson and/or volunteered false information to a law enforcement officer.
Aggravated Assault on any party, significant. [ X ]
Criminal Mischief [ X ]
UPA boat rocks, averts capsize- FDI in Retail Sector Sandhya Jain
http://www.vijayvaani.com/FrmPublicDisplayArticle.aspx?id=2476
Sandhya Jain
Pioneer, 25 September 2012
India’s freshly-minted millionaire club lost a whopping 18% of its membership as the economic slowdown coincided with the exposure of multiple scams that tripped the gravy train of our crony capitalists. Most citizens would be shocked to learn that despite the global financial crisis ruining millions worldwide, the number of high net-worth individuals in India rose from 84,000 in 2008-09 to 126,700 by 2010 in the halcyon UPA years.
India’s top 100 richest are collectively worth $276 billion, whereas China’s total just $170 billion; also, India’s richest three surpass China’s top 24 billionaires. Amidst a manufacturing slump, economic slowdown and rising unemployment, one wonders how such staggering wealth accumulated in the hands of a chosen few.
As the Supreme Court noted while dealing with Coal-gate, the well-connected in the UPA regime have benefitted unduly from privatisation of public assets. Should the Hon’ble Court take a broader view, it may discern a link between the earlier privatisation of electricity distribution in several cities, which enabled private firms to make massive profits at public expense while taking over public assets for free, and the subsequent allotment of captive coal mines to the same and similar crony firms for sale of power at commercial rates!
The cussed refusal of some firms to redress customer grievances is now upsetting the Delhi chief minister, who thrust electricity privatisation on the capital and championed steeper tariffs without public audit or justification, because state elections are due. It is pertinent that when the British Raj delegated power to Indians, it first gave them charge of municipal services. Surely we must ask if regimes that cannot handle schools, sanitation, water and electric supply are at all legitimate.
Coalmine squatting by private capitalists stunted the growth of the power sector and the economy and denied mines to Coal India Ltd., forcing it to lay off over four lakh skilled workers, ruining their families. CIL is now likely to supervise extraction at the cancelled coal blocks. Government must expedite clearances needed by CIL for its own mines, and scuttle the mischief of subsidizing imported coal for private players.
Last week, the UPA imposed FDI in multi-brand retail, causing Trinamool Congress to quit the Government, and serenading the unpredictable UP stalwarts Mulayam Singh Yadav and Mayawati for survival. Perhaps the Rs. 60 cr spent by Wal-Mart on lobbying in India, as per its disclosure to the US Senate, impacted the decision.
Yet the centre cannot claim that state governments can decide whether or not to allow FDI in their respective states. As several opposition members have argued, under the Bilateral Investment Promotion and Protection Agreements (BIPAs) that India has signed, it will have to offer national treatment to investors. This means states will have to permit big retail, or face court cases.
News reports suggest Wal-Mart may come to India within 12 to 18 months. It is notable that its chief Michael Duke may soon be charged under America’s Foreign Corrupt Practices Act for hundreds of illegal bribes paid by its Mexico division from September 2005 to May 2006, and the subsequent cover-up by successive executives. ANew York Times report says Wal-Mart captured nearly 50 per cent of Mexico’s retail market in 10 years in this manner.
Currently, India’s retail market is estimated at around $400 billion, with over 12 million retailers employing 40 million people. Wal-Mart has a matching turnover of approx. $420 billion, but employs just 2.1 million people. This means 38 million people (families) plus related ancillary traders face disaster.
Executives at Amul, India’s largest dairy cooperative, say FDI will hurt both farmers and retailers. Citing the International Farm Comparison Network, Managing Director R.S. Sodhi says milk producers in America received only 38 per cent share of the consumer’s dollar spent on milk; UK milk producers got 36 per cent. But Indian milk producers get over 70 per cent of the consumer’s rupee; those linked to cooperatives get over 80 per cent.
Worldwide, foreign retail hurts local shopkeepers, farmers and consumers. Farm incomes decline because big retail creates a formidable chain of middlemen – quality controller, certification agency, packaging consultant, who cut into the profits. Consumers are wooed with cheaper rates, but prices rise once the local competition is driven out.
FDI in multi-brand retail does not create backend infrastructure like cold storages to save food grains from rotting. FDI is already allowed in storage, but no investment has been made, even by Indian brands. The Planning Commission has noted that lack of capital forces farmers to ignore cold storage facilities even where they are available, mainly because of high rentals.
The transport of goods from farm to mandi and local markets or processing centres is critical to retail trade. The road transport sector handles nearly 73 per cent of the goods traded and contributes nearly 5 per cent of the GDP. It is an unorganized sector managed with small capital; roughly 18 crore population directly or indirectly depends on it. Big retail always monopolizes transportation of goods and could crush this entire sector.
Then, over 70% of the revenue of big retail stores derives from non-food items; the nature of sourcing and pricing of these items deserves wider study. Also, the UPA has totally ignored the fact that in recent years small retailers have vastly improved their shops and customer services.
In food processing, big retail forces farmers to alter crop selection. Thus, to service potato chip companies, farmers may skip the Dal season, which indirectly affects the prices of Dal, cereals and vegetables. Big buyers often force farmers to reduce prices, face contract cancellation on grounds of ‘quality’, face last minute changes in contracts, and so on. Then, over 90% of India’s farmers have less than 2 hectares of land; 79% are landless or own less than 1 hectare. Large corporates do not like doing business with small producers; they focus on few large farmers and compel the others to submit to a larger contractor or sell the land and quit.
With FDI in retail notified, fresh dangers loom in the form of increased foreign ownership of Indian public sector banks (currently capped at 20 percent); FDI in pensions, insurance, and so on. The very aspects of the Indian economy that gave confidence to the middle class and the poor are set to be undermined.
The author is Editor, www.vijayvaani.com
http://www.vijayvaani.com/FrmPublicDisplayArticle.aspx?id=2476
Elected Chief Minister’s Visa is not private matter Mr. Consul General (DeshGujarat)
Elected Chief Minister’s Visa is not private matter Mr. Consul General
March 21, 2012 DeshGujarat |
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File photo:Consul General Peter Haas with Gujaratis at Mumbai consulate
By DeshGujarat News, Ahmedabad, 20 March 2012
Again US Consul General was in Gujarat, and again he was asked a question about Chief Minister Narendra Modi’s Visa issue, and again he had the same answer that “we don’t comment on personal visa matters.”
Once upon a time there was a practice that American Consul Generals would meet Gujarat Chief Minister during their Gujarat visit, but for last some years Modi doesn’t give time to meet US Consul Generals and divert them to meet the Chief Secretary. Present Consul General Peter Haas is not exception.
While Chinese, Japanese and other consulate officials can meet the Chief Minister of Gujarat, the American Consul General are avoided, thanks to America’s policy of succumbing to pressure and propaganda of leftist anti-Indian groups lobbying against Narendra Modi in America.
“Its a long-standing US policy… We do not comment on private visa matters,” Haas said when asked if there was any change in the US policy with regard to granting of visa to Modi.
(Mr. Haas should know that it could be private visa matter for America, but for Gujarat, Mr. Modi is not a person living private life but he is in public life. He is the Chief Minister of a state, elected by over five crore people)
Talking about relations between US and Gujarat, Haas said that there was good cooperation and many American companies have set up plant in the state.
The relationship of US with Gujarat can be judged on the basis that Gujarati was the first Indian regional language to be included in the US Census, he said.
During his last visit to Ahmedabad, Mr. Haas was asked that while people to people relations are excellent, and trade relations between America and Gujarat are in the best time-phase at present, why government level relations are sour, and what America wants to do in this regard? Haas had replied that question, saying that he met the Chief Secretary of the state, and people to people relations were more important.
While Mr. Modi’s stature is growing nationally and internationally, America is likely to face major embarrassment over Visa issue in future. Such embarrassment is always visible on Consul General’s face when he faces question on Modi’s Visa issue.
It is other thing that nobody is dying to go to America and Modi had not demanded visa, but the way America behaved on Modi’s Visa issue under the pressure of few vocal groups in 2005 and then-after, funnily in the name of ‘human right violation’, it is neither forgettable nor forgivable, at least when it comes to state-state relations.
Updates:
The US Consul General during his Ahmedabad visit, went to a residential colony of 2002 riot affected Muslims and also met Archbishop in Gandhinagar. He also went to Adalaj stepwell and Sidi Saiyad mosque wearing Islamic skull cap. The Consul General visited DAIICT campus in Gandhinagar, met state minister Saurabh Patel, visited Bhadrakali mandir in Amdavad, American company Inductotherm in Bopal, and American corner at Ahmedabad Management Association.