[Hpn] Man who stole from Salvation Army kettle serves 'homeless' sentence ~OT~

William C. Tinker wtinker@verizon.net
Sun, 27 Jan 2008 13:19:51 -0500


This is a multi-part message in MIME format.

------=_NextPart_000_0035_01C860E7.4C298340
Content-Type: multipart/alternative;
	boundary="----=_NextPart_001_0036_01C860E7.4C298340"


------=_NextPart_001_0036_01C860E7.4C298340
Content-Type: text/plain;
	charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

Man who stole from Salvation Army kettle serves 'homeless' sentence=20
Friday, January 25, 2008=20

Patrick O'Donnell

http://www.cleveland.com/news/plaindealer/index.ssf?/base/lake/1201253647=
124200.xml&coll=3D2&thispage=3D1

Plain Dealer Reporter=20
Painesville- Nathen Smith sagged in a chair in the Lake County Sheriff's =
Office lobby, his jacket zipped tight and hands jammed in pockets to =
fight off his shivering.=20

Seven hours into a 24-hour stint as one of the homeless, Smith was =
already tired, cold and a little hungry. But he had braced himself for a =
night of making this chair his home.=20

"It's not that bad," he said. "But I'd hate to have to do this every =
day, especially in this weather. It's too cold to do it in this."=20

=20
Smith, 28, of Painesville is the latest to receive a creative sentence =
that Painesville Municipal Court Judge Michael Cicconetti has made his =
trademark.=20

As punishment for stealing one of the Salvation Army's iconic collection =
kettles shortly before Christmas, Smith was given the choice of the =
standard sentence of 90 days in jail or spending the next 24 hours as a =
homeless man.=20

Starting immediately.=20

When Smith chose the latter option, Cicconetti made him empty his =
pockets and turn over all his money and credit cards. Court officers =
strapped a Global Positioning System device to his ankle to monitor his =
whereabouts.=20

And he was sent out onto the streets of Painesville with no advice or =
guidance.=20

"He was like everyone else who finds themselves out on the street," =
Cicconetti said. "I didn't want him to have any money on him. I want him =
to learn. It's not going to hurt to be a little cold."=20

Weather forecasts predicted 10-degree temperatures with wind chill as =
low as minus 5.

He was banned from going home or staying with friends. The GPS system =
tracked his movements and a printout will be given to the judge when he =
returns at 11 a.m. to serve just three days in jail and learn what =
community service he must do.=20

Smith, who lives with his mother and is unemployed, used a public phone =
at the nearby Department of Job and Family Services office to call his =
mother. She brought him a sweatshirt and ski pants, but no money or =
food. Smith said she is unhappy about the theft and neither of them =
wanted to test the judge's rules.=20

The rest of the afternoon, he said, he walked around downtown =
Painesville looking for ways to keep busy and warm. Though Painesville =
has the county's only homeless shelter, Smith never tried to seek a bed =
there.=20

=20
"I didn't think I was allowed," he said, stressing he worried about =
misinterpreting Cicconetti's instructions. Though Cicconetti gave no =
instructions for finding the shelter, he would have allowed Smith to =
stay there if he contacted it.=20

Knowing the sheriff's headquarters has a large lobby, he headed there =
about 4 p.m. It was either there, he said, or the emergency room waiting =
area at the county hospital. His plan, he said, was to stay in the lobby =
all night, at least out of the wind. Even as other homeless men gathered =
in that same lobby for the nightly bus to the shelter, he stayed put.=20

But he had no backup plan if deputies told him to leave.=20

"There's nowhere for me to find shelter," he said, trying to warm up =
after walking in the cold.=20

But he said he was willing to pay the price for his crime, which he said =
was stupid.=20

"If I had a chance to go back, I'd change things so that I never took =
it, period," he said.=20

To reach this Plain Dealer reporter:=20

paodonnell@plaind.com, 216-999-4818=20

------=_NextPart_001_0036_01C860E7.4C298340
Content-Type: text/html;
	charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.2900.3243" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY bgColor=3D#ffffff>
<DIV>
<H1 class=3Dred>Man who stole from Salvation Army kettle serves =
'homeless'=20
sentence </H1>
<DIV class=3Dsubhead><B></B></DIV>
<DIV class=3Dbyln>Friday, January 25, 2008 </DIV>
<DIV class=3Dbyln>&nbsp;</DIV>
<DIV class=3Dbyln>Patrick O'Donnell</DIV>
<DIV class=3Dbyln>&nbsp;</DIV>
<DIV class=3Dbyln><FONT face=3DArial size=3D2><A=20
href=3D"http://www.cleveland.com/news/plaindealer/index.ssf?/base/lake/12=
01253647124200.xml&amp;coll=3D2&amp;thispage=3D1">http://www.cleveland.co=
m/news/plaindealer/index.ssf?/base/lake/1201253647124200.xml&amp;coll=3D2=
&amp;thispage=3D1</A></FONT></DIV>
<DIV class=3Dbyln>&nbsp;</DIV>
<DIV class=3Dbyln><B>Plain Dealer Reporter</B> </DIV>
<P>Painesville- Nathen Smith sagged in a chair in the Lake County =
Sheriff's=20
Office lobby, his jacket zipped tight and hands jammed in pockets to =
fight off=20
his shivering. </P>
<P>Seven hours into a 24-hour stint as one of the homeless, Smith was =
already=20
tired, cold and a little hungry. But he had braced himself for a night =
of making=20
this chair his home. </P>
<P>"It's not that bad," he said. "But I'd hate to have to do this every =
day,=20
especially in this weather. It's too cold to do it in this." </P>
<SCRIPT language=3DJavaScript1.1=20
src=3D"http://ads.cleveland.com/RealMedia/ads/adstream_jx.ads/www.clevela=
nd.com/xml/story/nc/ncounty_lake/@StoryAd"></SCRIPT>
<!-- CLEVELANDLIVE/MullFordE02_CL_RoS_Rect -->
<DIV style=3D"OVERFLOW: hidden; WIDTH: 1px; POSITION: absolute; HEIGHT: =
1px"><IMG=20
class=3DOAS_counter =
id=3DStoryAd/CLEVELANDLIVE/MullFordE02_CL_RoS_Rect/785268.html=20
height=3D2=20
src=3D"http://ads2.cdc.advance.net/RealMedia/ads/adstream_lx.ads/www.clev=
eland.com/xml/story/nc/ncounty_lake/663328146/StoryAd/CLEVELANDLIVE/MullF=
ordE02_CL_RoS_Rect/785268.html/34353061323164383437396363613330?_RM_EMPTY=
_&amp;"=20
width=3D2></DIV>
<SCRIPT language=3DJavaScript>=0A=
<!--=0A=
if (parseFloat(navigator.appVersion) =3D=3D 0) {=0A=
document.write('<IFRAME WIDTH=3D468 HEIGHT=3D60 MARGINWIDTH=3D0 =
MARGINHEIGHT=3D0 HSPACE=3D0 VSPACE=3D0 FRAMEBORDER=3D0 SCROLLING=3Dno =
BORDERCOLOR=3D"#000000" =
SRC=3D"http://ads.cleveland.com/RealMedia/ads/adstream_sx.ads/www.clevela=
nd.com/xml/story/nc/ncounty_lake/@StoryAd"></IFRAME>');=0A=
}=0A=
--></SCRIPT>
<NOSCRIPT><A=20
href=3D"http://ads.cleveland.com/RealMedia/ads/click_nx.ads/www.cleveland=
.com/xml/story/nc/ncounty_lake/@StoryAd?x"></A>=20
</NOSCRIPT>
<P>Smith, 28, of Painesville is the latest to receive a creative =
sentence that=20
Painesville Municipal Court Judge Michael Cicconetti has made his =
trademark.=20
</P>
<P>As punishment for stealing one of the Salvation Army's iconic =
collection=20
kettles shortly before Christmas, Smith was given the choice of the =
standard=20
sentence of 90 days in jail or spending the next 24 hours as a homeless =
man.=20
</P>
<P>Starting immediately. </P>
<P>When Smith chose the latter option, Cicconetti made him empty his =
pockets and=20
turn over all his money and credit cards. Court officers strapped a =
Global=20
Positioning System device to his ankle to monitor his whereabouts. </P>
<P>And he was sent out onto the streets of Painesville with no advice or =

guidance. </P>
<P>"He was like everyone else who finds themselves out on the street,"=20
Cicconetti said. "I didn't want him to have any money on him. I want him =
to=20
learn. It's not going to hurt to be a little cold." </P>
<P>Weather forecasts predicted 10-degree temperatures with wind chill as =
low as=20
minus 5.</P></DIV>
<DIV><FONT face=3DArial size=3D2>
<P>He was banned from going home or staying with friends. The GPS system =
tracked=20
his movements and a printout will be given to the judge when he returns =
at 11=20
a.m. to serve just three days in jail and learn what community service =
he must=20
do. </P>
<P>Smith, who lives with his mother and is unemployed, used a public =
phone at=20
the nearby Department of Job and Family Services office to call his =
mother. She=20
brought him a sweatshirt and ski pants, but no money or food. Smith said =
she is=20
unhappy about the theft and neither of them wanted to test the judge's =
rules.=20
</P>
<P>The rest of the afternoon, he said, he walked around downtown =
Painesville=20
looking for ways to keep busy and warm. Though Painesville has the =
county's only=20
homeless shelter, Smith never tried to seek a bed there. </P>
<SCRIPT language=3DJavaScript1.1=20
src=3D"http://ads.cleveland.com/RealMedia/ads/adstream_jx.ads/www.clevela=
nd.com/xml/story/nc/ncounty_lake/@StoryAd"></SCRIPT>
<!-- CLEVELANDLIVE/MullFordE02_CL_RoS_Rect -->
<DIV style=3D"OVERFLOW: hidden; WIDTH: 1px; POSITION: absolute; HEIGHT: =
1px"><IMG=20
class=3DOAS_counter =
id=3DStoryAd/CLEVELANDLIVE/MullFordE02_CL_RoS_Rect/785268.html=20
height=3D2=20
src=3D"http://ads15.udc.advance.net/RealMedia/ads/adstream_lx.ads/www.cle=
veland.com/xml/story/nc/ncounty_lake/1364870992/StoryAd/CLEVELANDLIVE/Mul=
lFordE02_CL_RoS_Rect/785268.html/34353061323164383437396363613930?_RM_EMP=
TY_&amp;"=20
width=3D2></DIV>
<SCRIPT language=3DJavaScript>=0A=
<!--=0A=
if (parseFloat(navigator.appVersion) =3D=3D 0) {=0A=
document.write('<IFRAME WIDTH=3D468 HEIGHT=3D60 MARGINWIDTH=3D0 =
MARGINHEIGHT=3D0 HSPACE=3D0 VSPACE=3D0 FRAMEBORDER=3D0 SCROLLING=3Dno =
BORDERCOLOR=3D"#000000" =
SRC=3D"http://ads.cleveland.com/RealMedia/ads/adstream_sx.ads/www.clevela=
nd.com/xml/story/nc/ncounty_lake/@StoryAd"></IFRAME>');=0A=
}=0A=
--></SCRIPT>
<NOSCRIPT><A=20
href=3D"http://ads.cleveland.com/RealMedia/ads/click_nx.ads/www.cleveland=
.com/xml/story/nc/ncounty_lake/@StoryAd?x"></A>=20
</NOSCRIPT>
<P>"I didn't think I was allowed," he said, stressing he worried about=20
misinterpreting Cicconetti's instructions. Though Cicconetti gave no=20
instructions for finding the shelter, he would have allowed Smith to =
stay there=20
if he contacted it. </P>
<P>Knowing the sheriff's headquarters has a large lobby, he headed there =
about 4=20
p.m. It was either there, he said, or the emergency room waiting area at =
the=20
county hospital. His plan, he said, was to stay in the lobby all night, =
at least=20
out of the wind. Even as other homeless men gathered in that same lobby =
for the=20
nightly bus to the shelter, he stayed put. </P>
<P>But he had no backup plan if deputies told him to leave. </P>
<P>"There's nowhere for me to find shelter," he said, trying to warm up =
after=20
walking in the cold. </P>
<P>But he said he was willing to pay the price for his crime, which he =
said was=20
stupid. </P>
<P>"If I had a chance to go back, I'd change things so that I never took =
it,=20
period," he said. </P>
<P>To reach this Plain Dealer reporter: </P>
<P>paodonnell@plaind.com, 216-999-4818 </P></FONT></DIV></BODY></HTML>

------=_NextPart_001_0036_01C860E7.4C298340--

------=_NextPart_000_0035_01C860E7.4C298340
Content-Type: application/octet-stream;
	name="34353061323164383437396363613330?_RM_EMPTY_&"
Content-Transfer-Encoding: base64
Content-Location: http://ads2.cdc.advance.net/RealMedia/ads/adstream_lx.ads/www.cleveland.com/xml/story/nc/ncounty_lake/663328146/StoryAd/CLEVELANDLIVE/MullFordE02_CL_RoS_Rect/785268.html/34353061323164383437396363613330?_RM_EMPTY_&

R0lGODlhAQABAID/AMDAwAAAACH5BAEAAAAALAAAAAABAAEAAAICRAEAOw==

------=_NextPart_000_0035_01C860E7.4C298340
Content-Type: application/octet-stream;
	name="34353061323164383437396363613930?_RM_EMPTY_&"
Content-Transfer-Encoding: base64
Content-Location: http://ads15.udc.advance.net/RealMedia/ads/adstream_lx.ads/www.cleveland.com/xml/story/nc/ncounty_lake/1364870992/StoryAd/CLEVELANDLIVE/MullFordE02_CL_RoS_Rect/785268.html/34353061323164383437396363613930?_RM_EMPTY_&

R0lGODlhAQABAID/AMDAwAAAACH5BAEAAAAALAAAAAABAAEAAAICRAEAOw==

------=_NextPart_000_0035_01C860E7.4C298340--