Amann Verbatim on “Three Strikes”

House Speaker Jim Amann, D-Milford, should not be allowed to speak without a Sherpa guide. Monday on the Dan Lovallo Show on WDRC, Amann tried to explain how he has come full circle on the proposed ”Three Strikes” amendment that he and his fellow Democrats opposed last week as part of the Governor’s comprehensive criminal justice reform.
Speaker Amann, who is going to announce his plans to run for Governor on Thursday in Milford, was made to eat his own words when Lovallo played back an interview he had with Brad Davis in a previous interview on the subject (see text below). Amann then compared our criminal justice system to Communist China and much more and you well see, dear readers:
Here is the entire transcript, verbatim:
DAN LOVALLO, host:
Jim Amann is the speaker of the House of the
Representatives in the Connecticut General Assembly. And
we welcome him to the program this afternoon.
Mr. Speaker, good afternoon.
Representative JAMES AMANN (Connecticut Speaker of the
House): Dan, nice to be with you again.
LOVALLO: Mr. Speaker, it’s always a pleasure having you on
the program. And this time, to be fair, your appearance on
here I guess a couple of weeks ago, and on the Brad Davis
program also on “The Talk of Connecticut,” has engendered
some conversation, with people upset that they heard you
say on both programs that you would vote for “Three Strikes
and You’re Out,” and when the amendment came before the
House last Tuesday, you voted against it.
So I’m going to ask you to explain why.
Rep. AMANN: I have nothing to explain, Dan. First of all,
you need to go back and listen to the tape.
I also mentioned at that time that there were some issues
about the 30-year review and the way that we looked at the
30-year review–one of the things that I was concerned that
you would actually serve less time than the bill we have.
As the speaker of the house, I can’t be supporting
amendments that, (a), don’t work and need to–I’ll tell you
that the governor–and I’ve told the governor
this–although I do support the concept.
But let’s be clear, Dan. I was the original sponsor of the
bill back in 1994. I don’t think I need people to explain
to me how the bill works.
We’ve only had 30 people tried underneath that bill since
1994. The governor–pretty the so-called “Three Strikes”
was flawed. I had that conversation with her. She didn’t
have the support of her own task force.
And if you think that Chief Flaherty or Bob Farr or I think
Mary Gavin that runs the courthouse–these people I know
personally–
LOVALLO: Mr. Speaker–
Rep. AMANN: Dan, let me just–they did not support bill.
They did not suggest to have a “three strikes.” And they
believe that the bill that we did–including the
governor–was a good bill until, unfortunately, the
governor wanted to appease people on something that just
doesn’t work the way she laid out.
LOVALLO: Can we play your comment on the Brad David (sic)
program? And then you–
Rep. AMANN: As long as it’s entirely, I would like to,
yes.
LOVALLO: Well, I’ve got a minute and nine seconds here. I
guess you were on for longer than that. But let’s play it.
Then you can comment.
(Excerpt from “The Brad Davis Show”)
Rep. AMANN: It’s a good bill. And, yeah, I don’t have any
problem with it. There was one little concern we had on
the governor’s one portion there. We just want to make
sure that her intent is right. And she wants to have a
30-year review on the “Three Strikes” part that she’s
doing.
Mr. BRAD DAVIS (Host, “The Brad Davis Show”): You don’t
object to that, do you?
Rep. AMANN: No, I do not.
DAVIS: Good.
Rep. AMANN: The only thing–no, I don’t. However, the
governor and I had a very, very brief conversation.
The way it’s written right now it may seem unintentional
that an individual–because of that 30-year review–may get
less time served than a persistent offender. I just
brought that to the attention of the governor. Certainly
that’s not her intent.
We want to make sure that whatever the intent of the
governor is going to be exactly, you want this individual
to serve a long period of time, so the language can be
changed.
That was the only little piece that we read that would need
to be fixed. Beyond that, no, I’m very comfortable.
Mr. DAVIS: So then the speaker of the House–the speaker
of the House–is on–has got it together. Evidently
there’s a problem with some of the senators, but I hope
this gets worked out, Jim, because this is vital.
(End excerpt)
LOVALLO: All right.
Rep. AMANN: That’s exactly what I said. That piece that
we talked about, the one little thing. If you put them
side by side, unfortunately–and then you don’t need to
take my advice–talk to the prosecutors.
The prosecutors will tell you that in a real courtroom, the
way that it’s written right now, a person will actually do
less time under a 30-year review and get the chance to get
out than over the one that we passed. I still told the
governor that if we want to continue to try to improve the
language, she knows I support it.
But there’s a flaw in that language that’s never corrected.
I can’t speak for the senators; I can only speak for
myself. I was again, the original sponsor of the original
bill, as well as the stalking bill and the carjacking bill
and Megan’s bill.
Those are my bills that I’m proud of over my career. But
when there’s a flaw, there’s a flaw.
LOVALLO: But–
Rep. AMANN: I’m not going to pass a bill if it’s flawed.
We’ve already made those mistakes, including the original
bill that we did back in ‘94.
LOVALLO: Now the Republicans claim that in that amendment
that night they corrected the flaw. They said–
Rep. AMANN: Well, they’re incorrect.
LOVALLO: Well–
Rep. AMANN: They’ve been saying a lot of stuff that’s not
right. But they’re incorrect. They never corrected it.
LOVALLO: Well, what are we to make of this amendment
excerpt which reads, “after such person has served at least
30 years of the sentence, or the earliest date such person
is otherwise eligible for release under any other provision
of the general statutes, whichever is later.” What are we
to make of that?
Rep. AMANN: Again, it doesn’t correct the problem. The
problem is you need flexibility and you need a workable
“Three Strikes.” Any prosecutor–I don’t think any
prosecutors are lightweight in this state–they’ll tell you
it’s flawed. In fact many of them think the bill–the full
bill we did had some problems with it.
So, again, I’m–I just want to make it quite clear that
“Three Strikes” had nothing to do with this incident in the
first place. It had to do with a lack of communication.
But the bottom line is I’ve always supported “Three
Strikes.” I was the original co-sponsor in ‘94. But I’m
not going to support a bill or an amendment that has flaws
in it. And I’m willing to work with the governor. I’ve
told her that a dozen times on this bill.
LOVALLO: But it would seem to me, Mr. Speaker, one of the
issues is between the Democrats and the Republicans. The
Democrats are pushing for judges to continue to have
discretion and the Democrats don’t want that discretion.
Would you agree that that’s the difference?
Rep. AMANN: Say it again. You’re saying that the
Republicans–
LOVALLO: The Republicans don’t want discretion, judges’
discretion. The Democrats want judges’ discretion
Rep. AMANN: Well, you certainly do. This isn’t China,
Dan. I think a lot of people believe that someone gets a
violent crime and then instantly goes to jail.
You still are innocent until proven guilty. You’ve still
got to go before a judge. You still have to go before
people of your peers. And you have to give flexibility.
If not, they’ll negotiate it out and stop the process,
judicial process, of trying to convict somebody.
That’s the way it really works. This isn’t fantasy land
nor is it something of a concept. We have a constitution
to follow and that’s not the way it works in the real
world.
LOVALLO: What–
Rep. AMANN: Let me make one other statement. Since we
wrote the bill, the original bill and what we’ve done in
the state–in 1994 there were 6,000 prisoners. There are
19,000 prisoners now. Somebody’s going to jail. There are
18,000 violent criminal offenses in 1994. The recent stat
came out. There’s less than 8,000.
We have less violent crimes than there were in 1994 when
the bill was written. We have more prisoners. So things
are working.
You need to have flexibility and you need to have
discretion for the judges and for the prosecutors to make
the system work. People might want to change that–throw
them away without due process. If that’s the way we’ve got
to do here–that’s what China does–we’ll do it. But until
that day comes, we still live under our constitution.
LOVALLO: But, Mr. Speaker, how does setting mandatory
minimum–which is what the Republicans are proposing–how
does that throw away due process?
Rep. AMANN: Because what will happen is a defense attorney
will come in here and say, listen, pal, you’re going to
jail for the rest of your life and that’s all you got.
So what do you want to do? Is there any place to plea
bargain it, to negotiate it? Absolutely none. So they’ll
all ask for trials. They all ask to go before judges and
juries.
And what happens in those cases is the process backs up,
backlog, bureaucracy, and then what you have is you have a
system that breaks down and stops. That’s how the system
works in America.
You need to have prosecutors and judges and others–defense
attorneys–to have some discretion in the law in order to
make it work.
And I said 6,000 prisoners in ‘94. There are 19,000
prisoners now. There were 18,000 violent offenses in ‘94,
and less than 8,000 now. Something is working in
Connecticut.
This was a horrible tragedy that had nothing to do with
“Three Strikes.” It had to do with talking–bad
communications between prosecutors and the parole board and
correction officers. Someone broke the law when they did
that.
And if Bob Farr got that information the way he should
have, and knowing the man he is, he would have never let
this guy out of jail. We wouldn’t be having this
conversation.
LOVALLO: Now can you understand the sound bite that was
played–if people hear that, they’re going to come away
thinking the speaker of the House was for “Three Strikes”
before he was against “Three Strikes.”
Rep. AMANN: No. I think if you listen to it, I said there
was a problem in some part, a problem in the language. The
language had not changed since the day I was on the show.
I would have loved to have seen some way that that language
changed to make it better.
The Senate certainly didn’t do anything about it. We tried
to have some conversations with the governor. It just
didn’t happen.
So this is the way it came out that day. This is a bill
that creates new crime of home invasion. It got the GPS
systems which I had to fight for, that Brad Davis and I–I
committed to him we would get more on the global
positioning system which I believe in. We did.
You have a good strong law that everybody admits–everybody
who voted for it says it’s a great law, except for the
partisan politics and the appeasing “Three Strikes” bill
they know doesn’t work.
There are many attorneys–they know how the system works.
And I’m telling you I think it’s a little bit going too
far…
LOVALLO: But, Mr. Speaker–
Rep. AMANN: …these guys are trying to appease
people–that somehow their “Three Strikes” bill is a bill
that works.
LOVALLO: OK.
Rep. AMANN: They’re dead wrong, Dan.
LOVALLO: I’ve got here a story from today’s Republican-
American by Paul Hughes. And he writes, Democratic leader
said the judiciary committee will introduce a “Three
Strikes” bill identical to legislation that Republicans
have proposed. Are you aware of that?
Rep. AMANN: I haven’t heard that. And I would ask them
why they would do that. Nobody’s had that conversation
with me. So I don’t know what leaders they’re talking
about.
LOVALLO: If the Republican concept of not giving judges
discretion is so bad, why would Democratic leaders be
proposing that in the next session?
Rep. AMANN: First of all, make sure the story is accurate.
I can’t see someone offering exactly same piece of
legislation that they debated on for 17 hours that day just
to bring up exactly the same language. I think Paul needs
to make sure that’s accurate before I make comment on it.
LOVALLO: OK, but to get something straight here–
Rep. AMANN: By the way, I wouldn’t vote for it. If it’s
the same language, why would I vote for it? I mean
that’s–that’s stupid.
LOVALLO: But that statement on the radio–and you also
said a similar statement on my program, but we have the
Brad sound bite. Weren’t you aware at the time the
Republicans were not proposing judges’ discretion?
Rep. AMANN: First of all, the proposal was not the
Republicans. It was Governor Rell’s proposal, if you
recall. I didn’t agree with any other proposals that
Republicans had on the table because the prosecutors and
the governor’s own task force said that they wouldn’t work.
So if you listen to the experts, why would I even consider
that? The governor’s one had some merit to it, one that I
could support, and it had some flawed language. The
language was never corrected. If we correct the language,
I’ll be the first one standing with the governor as I was
that day in the press conference as we supported 99 percent
of the bill, mostly from her task force that I think did an
excellent job–then I’ll support it.
But again, why would I be against a “Three Strike” proposal
when I was one of the original sponsors of this bill in
‘94? It’s nonsense. If it works, I will vote for it.
If it doesn’t work–just like you when you do a baseball
game, you’re not going to make up the score. You’re going
to tell what’s accurate and what the guy’s batting average
is and make sure those figures are accurate. It’s the same
thing with me. I’m not going put out or support something
that’s flawed that I mentioned on the show until it’s
corrected.
And when it’s corrected–a bill that I like and believed in
for a long period of time–I will support it.
LOVALLO: But to wrap things up, Mr. Speaker, what you’re
saying is then you cannot support “Three Strikes” law if
judges don’t have discretion?
Rep. AMANN: In our system in America they have to have
discretion, unless we’re going to change the Constitution
and change the way we do business. Neither one of these
two individuals would have been convicted anywhere in the
United States under anybody’s “Three Strikes.”
That’s the facts. That’s the way the system works. If
people want to change the Constitution, then when they
change it, I’ll be the first one at bat with them telling
them when the new system comes in what we need to do. But
that’s the system we live under.
LOVALLO: Mr. Speaker, thanks very much for spending time
with us this afternoon.
Rep. AMANN: It’s always a pleasure, Dan. And I’d love to
talk to you in the future.
LOVALLO: Take care.
Rep. AMANN: Take care.
LOVALLO: The speaker of the House, Jim Amann.




















