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- <text id=94TT1752>
- <title>
- Dec. 19, 1994: Law:A High Price to Pay
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Dec. 19, 1994 Uncle Scrooge
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 59
- A HIGH PRICE TO PAY
- </hdr>
- <body>
- <p> Heidi Fleiss's stiff three-year sentence has feminists,
- sympathizers and even some of her jurors in a furor
- </p>
- <p>By Jill Smolowe--Reported by Elaine Lafferty/Los Angeles and
- Andrea Sachs/New York
- </p>
- <p> These days Heidi Fleiss greets her paying customers with
- a chirpy "Hi, can I help you?" Typically the first response is a
- double take as customers grasp that it's really her--the
- notorious Hollywood Madam--there among the boxer shorts and
- athletic gear at the Heidi Wear shop in Pasadena, California.
- The second response is to ask Fleiss to autograph their
- purchases, then to cluck sympathetically about her recent
- conviction on three counts of pandering and denounce her
- mandatory sentence of three years as a waste of taxpayer money.
- Fleiss has heard it all. But last week it was her turn to do a
- double take when a uniformed policewoman entered the shop to buy
- a sweatshirt. "Listen, I think it's terrible what they're doing
- to you," the cop said. "I just wanted to tell you."
- </p>
- <p> So, apparently, do a lot of other people. Fleiss's
- conviction for providing three undercover cops with high-price
- prostitutes has spawned angry op-ed pieces, talk-radio rantings
- and feminist denunciations. The standard complaint is one of
- fairness: of the several parties to any act of pandering, only
- Fleiss was singled out for prosecution. But what seems to
- incense Fleiss sympathizers most is the severity of the penalty,
- which they say dramatizes the problems of mandatory sentencing.
- "It reflects the worst sense of priorities of our
- criminal-justice system," says Harvard law professor Alan
- Dershowitz, whom Fleiss has asked to handle her appeal. "The
- idea that a jail cell will be taken up by Heidi Fleiss is
- outrageous."
- </p>
- <p> No one is more outraged than Fleiss, who says she would
- "rather die" than go to jail. "I am going to prison, and for
- what? Sex. That's it," she says. "I would never hurt another
- human being. I'm a vegetarian because I can't even think of
- hurting animals." Fleiss is furious that while she faces time,
- not one of the men listed in her appointment books--which were
- confiscated by authorities--is being prosecuted. "The police,
- the FBI, nobody cares about the men," she says. "They're not
- even being investigated."
- </p>
- <p> Feminist lawyer Gloria Allred shares Fleiss's anger. "To
- single out a woman for prosecution while a male customer is free
- to continue to act with impunity is a classic case of gender
- bias," she argues. Los Angeles attorney Shelly Mandell notes
- that California's 1983 pandering law was crafted with male pimps
- in mind, then asks, "How many men have been convicted of
- pandering in Los Angeles and are serving mandatory prison time?"
- Suzanne Childs, speaking for the L.A. district attorney's
- office, says such statistics are not readily available. Offhand,
- she recalls only one man doing time for pandering.
- </p>
- <p> Unexpectedly, the woman who is proving Fleiss's greatest
- defender is the same one who delivered Fleiss's verdict: jury
- foreman Sheila Mitrowski. Persuaded by the defense argument that
- Fleiss had been entrapped when a police detective posing as a
- Japanese businessman asked her to provide call girls for himself
- and his pals, Mitrowski, 48, had wanted to acquit Fleiss. Her
- view never wavered through four days of a debate that grew so
- rancorous she sometimes had to blow a whistle to silence the
- bickering. But with the weekend approaching and the jurors
- tiring, Mitrowski agreed to a compromise with the three male
- jurors determined to convict: a drug count would be dropped in
- exchange for accepting three of five pandering charges.
- </p>
- <p> When Mitrowski later learned of the three-year sentence,
- she reached another verdict: "Justice is not being served
- here." Now Mitrowski, backed by several other jurors, is
- agitating to have the verdict overturned. She argues that there
- was "possible misconduct" because during the last-minute horse
- trading, some jurors agreed to charges that ignored the
- evidence. Fleiss's lawyer Anthony Brooklier intends to charge
- jury misconduct during the appeal, citing not only deal cutting
- but also deliberation by jurors outside the jury room.
- </p>
- <p> If Brooklier can't prove that irregular contact between
- jurors took place, legal scholars doubt the misconduct charge
- will stick. "It is recognized that the jury will negotiate
- their differences, give up strongly held views in order to reach
- a compromise verdict," says Welsh White, a law professor at the
- University of Pittsburgh. Adds law professor Louis Michael
- Seidman of Georgetown University: "Courts are very reluctant to
- allow juries to impeach their own verdicts."
- </p>
- <p> While Fleiss awaits her next court date--a federal trial
- on 14 counts of tax evasion and lying on a mortgage
- application--she is just trying to get through the days. Each
- morning she provides a urine sample, a term of her probation for
- a drug arrest last fall. Most evenings she chooses to retire to
- her modest oceanside condominium by 8 p.m. She still refuses to
- disclose the names in her infamous black book, saying only that
- "men who conduct major mergers and acquisitions" appear more
- often than movie stars. "I don't think anyone should go to
- prison," she says. "But if I go to prison, shouldn't they?"
- </p>
- </body>
- </article>
- </text>
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