Virtue from Necessity

[Lefty]

Girl's savior faces 3rd strike
By Sean Webby
Mercury News
Matthew Hahn at the Elmwood correctional facility during a Mercury News interview on May 4, 2006.
Rick E. Martin / Mercury News
Matthew Hahn at the Elmwood correctional facility during a Mercury News interview on May 4, 2006.

* Herhold: Send burglar to prison, but not for life
* Poll: Should Hahn get a break?
* Previous: Risking a life term to protect a child

There is a growing pile of books in Matthew Hahn's cell at Elmwood Correctional complex in Milpitas. Among Plato dialogues, the Tao Te Ching and ``Law for Dummies'' is a paperback titled ``Martyrs'' -- a collection of stories about Christians who sacrificed their lives for their faith.

It was a present from the mother of a young girl, in gratitude for helping bring the girl's molester to justice.

Last year, Hahn, a 26-year-old Los Gatos felon with a rap sheet full of residential burglaries, anonymously sent police some stolen photographs -- photos that showed a man molesting a toddler. Using the photographs, police found and arrested John Robertson ``Robbie'' Aitken. Last month, Aitken pleaded no contest to molestation charges and received a 30-year sentence.

But Hahn, who was later arrested for a burglary spree after he turned in the photos, is facing a prison term that could be longer than Aitken's. The latest series of burglaries was Hahn's ``third strike,'' and prosecutors have decided to seek a life sentence. His trial could begin this month.

The conundrum of weighing Hahn's crimes against his good deed has people across the country debating whether he deserves leniency. There have been blog polls, raving CNN hosts, e-mails from Sweden, editorials in Jackson, Miss., radio shows in Canada, and three petition drives calling for leniency.

``Matt is not a career criminal,'' said Allen Schwartz, Hahn's attorney. ``He has a terrible, terrible record. He is a thief and he is a drug addict. All of his previous crimes were from one crime spree. And after he went through the drug rehab, he got caught up again and he is doing it again. What will it take to get this guy's attention? I don't know. But I don't think we should throw this guy on the garbage pile of life.''

Assistant District Attorney Dave Tomkins is the senior member of the panel that decides how to charge potential three strikes cases.

He said when the panel made the decision on Hahn's burglary case, it knew about his pivotal role in Aitken's arrest. That, Tomkins said, was one of the reasons he didn't charge Hahn with the specific burglary of the safe that contained the damning photographs.

But they also saw a record of crimes that, while not violent, had the potential to be if anyone caught him in the act.

``We see someone with a bunch of residential burglaries and his current case is a bunch of residential burglaries,'' Tomkins said. ``This guy is a career burglar. In my experience, if you take residential burglars off the street, you are cutting the crime rate dramatically.

``But this isn't science. We try to consider everything.''

Hahn's supporters say the district attorney's office should be more lenient.

Both the mother of the victim and Aitken's prosecutor Dana Overstreet -- a deputy district attorney in Santa Clara County -- have said they would be willing to testify on Hanh's behalf.

Hahn is also receiving help from people he's never met.

Ginger Davis, a 45-year-old Los Gatos woman who said she was molested as a child, started a petition drive, gathered 100 signatures and sent it to Hahn's lawyer.

``He has so many priors,'' Davis said. ``But I'm not sure how they would put someone behind bars for life when you think of that little girl. I think he saved her life.''

Hahn himself is conflicted about what punishment he should receive.

``I sit in my cell and think about the fact that I've hurt people with my crimes,'' Hahn said. ``And I've thought about forgiveness. But finally, I am trying to let go of it, that question. It's in God's hands.''

Now the former star student at De Anza College reads philosophy and teaches math to inmates at Elmwood. He said he got high fives and handshakes when they found out what he did. But his record only shows a drug-abusing repeat felon.

In fall 1998, Hahn went on a four-month methamphetamine-fueled spree of burglarizing garages, cars and houses in Saratoga, according to court records.

When he was caught, he pointed out the places he had burglarized. In one instance, he took guns, ammunition and a safe with $20,000 worth of jewelry and cash from his former Little League coach, Keith Barna, who was away on vacation.

After Hahn was arrested, Barna found his rifles stashed in the closet of Hahn's mortified mother, a Stanford-educated tech engineer.

``He's done a lot of reckless things and it's time for him to be spanked pretty badly,'' Barna said. ``But life? I've got a lot of issues with the overcrowding in our jail system for non-violent offenders.''

Los Gatos Police Sgt. Mike Barbieri, who was involved in Hahn's and Aitken's arrests, sees both sides.

``You gotta give the guy some credit. He got someone off the street who is pretty bad,'' he said. ``But he's also a pretty prolific thief. It's an interesting question: Does he deserve a break? But I don't think so.''

The district attorney's office has indicated that Hahn's help in convicting Aitken may be a mitigating factor in his case and has asked his lawyer to submit it for consideration.

In San Mateo County, Chief Deputy District Attorney Steve Wagstaffe said he asks lawyers for ``mitigation packages'' -- documented information of good deeds by suspects facing three strikes. He recalled declining to charge three strikes for a suspect who discovered a fire in a jail cell.

Hahn's case comes when there are renewed efforts in the state to reform the three strikes sentencing law that began 12 years ago. For example, two ballot initiatives from the Los Angeles County District Attorney's Office aim to give judges more flexibility when giving three strikes sentences in non-violent, less serious crimes.

Said Franklin E. Zimring, a professor of law at the University of California-Berkeley: ``He's not violent, yet not inactive either. The question is how to balance these two. My tendency is to give him a break. If I ran for district attorney and all the people who worry about child sex abuse voted for me and all the people who worry about burglary didn't, I think I would get re-elected.''

I have my own opinion on this one. Yeah, it's a shame some freak was bonin' a little kid, and turning him in was ever soo virtuous, but if you're too fuckin' stupid to wipe your prints off the pics off you mail to the cops, fuck you. It's a felony, ain't like he were walkin' along & they fell on him, he was robbing someones house & broke open a safe. No honor among thieves? I've met the exception that makes the rule, but it's still a rule. Morality is great, but so is intelligence. He did the crime, he is not overly intelligent, I hope he gets off light but if he got bagged twice on THE SAME CRIME he should be more than aware it's his ass on #3.

[motograter]

I have the same opinion.. They should cut him a deal, maybe community service and probation for a while..

[Jaeger]

So what, he did one thing right? That ='s a get out of jail free card? Fuck that!
He still did the crime, didn't learn the first time, didn't learn the second time (and these are just the times he has been caught) Then he helps out a child (motive on this one? Maybe he hated they bastard) then he goes and commits another crime? Well he can't be that great or smart of a guy!

Fuck him, he doesn't learn! He will do it again. Doing one good thing does not take away one bad thing.
Life is a bit bad, but that's the way things are.

[chimp]

The question is did he subject himself to prosecution by snitching on the pedefile..isn't it? If He put himself in the po po's path to get that child molesting piece of shit then I think he should be rewarded!

[Lefty]

How so? If he was a human he'd have stopped back, after he broke open the safe he stole, and handled that shit personally.
He subjected himself to prosecution by stealing the shit to begin with and being too stupid to wipe off his prints or atleast mail photocopies w/an address.

[b0b]

He wasn't arrested for the photographs or breaking into the pedophile guy's house. He was arrested for other charges and later told police he was the one who gave them the evidence. He isn't even being charged with that particular crime.
I read another article saying he is waiting trial for something like 12 counts of burglary and a grand theft. The guy obviously has more than a third strike and deserves whatever the law throws at him. Sure he did a good thing, but he is obviously a career thief and one good deed shouldn't exonerate him.

[Hippie3]

he's a thief.
fuck 'im.
good deeds do not cover over
criminal behavior.
else no one would be in prison
as no one is entirely 'bad'.

[srgtm1a]

All because the guy did a good deed does not clear him of what he did wrong.

If this was his first offense....ok...I'd say cut him a break...but this is his 3rd strike. Obvioulsy the first 2 times in jail didn't teach him anything. Lock him up and throw away the key.

His lawyer paints him up to be a drug addict, and says that a relapse is what caused him to rob again....look at the bright side....with life in prison, he'll at least get to live and kick his addiction.

[BuckarooBanzai]

I strongly disagree with 3 strikes equating to a life sentence, but that wasn't the question.

Thanks for turning in the pedophile, but you still have to go to jail. This isn't a BS "crime" like growing a few MJ plants or snorting a little coke.

This is a dude breaking into people's houses and stealing their shit. I've got zero tolerance for that.

He GOT a break. They aren't charging him for the burglary of the safe that contained the pictures. His ass needs to spend some quality time in the gray bar hotel for the other robberies.

[Lefty]

If it's guilt by self admission, he's borderline retarded. Have even less than my usual total lack of sympathy. Enjoy the high fives in jail, read the books & do yer time, fool.

[srgtm1a]

I'm totally for the 3 strikes rule...IMO, if you are so stupid that you do the same thing that you originally got busted for 2x's prior, then you are too damn dumb to be outside of jail.

regardless of what it is...I get caught doing something once, I'm not going to do it again, let alone 2 more times.

I read a story a short time ago of a guy who stole a cookie from a store in the mall....that happened to be strike 3. lmao...all you can say to that is "here's yer sign". Now he's in jail for life for taking a cookie. He had two priors for Grand Theft Auto. People that dumb really shouldn't be allow to associate with the general public.

[SharkieJones]

I think he should be prosecuted. However I think that a life sentence is excessive, his good deed should be taken into consideration during sentencing.

[alpiner]

when it comes to things like theft, I have been acussed of shoplifting a couple times when I was younger and I was innocent both times

neither went to court once was because the cop who came knew me and gave the people at the store a lecture and told them that if he were to stop them someday and give them a ticket because they looked like the type who speed and run lights that they would one not like it and two probably bring him to court
the second time I got seached, then tried saying the MP3 player I had was stolen because they found a empty box out the floor, somebody probably had stole one
the battery was dead so they tried saying that was proof because they are usually in need of a charge when you get them however when I told the security guy to plug it into a computer or a charger and see that it already had music on they gave me shit until they plugged it in
I then asked if they came preloaded with my address book

what happens when someone get pinned with something minor or they did not even do?
things like a cookie, which I know I have pocketed shit unknowingly before are not worth going to the clink for 20 years just like getting busted twice with large amounts of weed then five years later you get caught blazing a joint at a party
it happens allot and it does more harm than good IMHO, hence every case should be considered individually
in some places if you get busted taking a leak in a alley you are put on the sex offender registry too
again, every case deserves to be handled individually if not many people that really don't deserve hard time get it.
thats why mandatory minimums suck for non violent crimes IMO

[mindovermycelia]

I can't vote because I think he should do time, but less than 30 for sure. I mean maybe it was God's will that he fell back into old habits so that he could stop this abuse. Maybe it is meant for him to be a spiritual guide for some inmates. I think he is right to let it be in God's hands as that is the way it is anyway, imo. I don't generally have any sympathy for drug abusing thiefs who give us a bad rap but I don't think he should get "life." What is a life sentence there anyway, about 30 years or less with good behavior? He should at least have a chance for parole.

[Journeyman]

a life sentence for burglary is some fucked up bullshit no matter the circumstances. but considering what the circumstances are, it's even more fucked up.