Underpaid Genius

7 Years For Stealing A Package Of Cheese?

We howl at the moon when a woman in Saudi Arabia is caned for being alone with a man not her relative, but we put petty offenders behind bars for decades or life because of the Three Strikes rule. And this in a state on the verge of insolvency?

Cheese Thief Jailed for 7 Years in California

On Monday, more than a year after a man was arrested outside a market in California with a $3.99 bag of Tillamook shredded cheese in his pants he had not paid for, a judge decided to go relatively easy on him, sentencing him to seven years and eight months in jail.

Prosecutors in Yolo County, Calif., outside Sacramento, had originally asked for a life sentence under the state’s “three strikes” law, arguing that the man, Robert Preston Ferguson, was a menace to society because of prior burglary convictions. As The Sacramento Bee reported last month, the district attorney’s office asked for 11 years instead, after “a new psychological evaluation convinced prosecutors that Robert Preston Ferguson’s most recent convictions for petty theft did not warrant a life sentence.”

At Monday’s sentencing hearing, the Sacramento newspaper noted, a deputy district attorney “said Ferguson was a career criminal who wouldn’t change.” The prosecutor added that Mr. Ferguson, who is in his 50s, had 13 previous convictions and had been in jail for 22 of the past 27 years but still took the cheese. Ten days before the cheese theft, Mr. Ferguson had also stolen a woman’s wallet from a 7-Eleven as she tended to her sick child, who had just thrown up on the floor.

Because of Mr. Ferguson’s prior convictions, he had been charged with felonies for both of those petty thefts.

According to the Sacramento newspaper, Mr. Ferguson’s defense lawyer, Monica Brushia, argued that his six other burglary convictions had taken place three decades ago and noted that his conviction for misdemeanor assault came when he was a teenager and had thrown a can of soda at one of his siblings. She also noted that the psychologist’s report had concluded that Mr. Ferguson was mentally ill. He has biploar syndrome and struggles to control his impulses to steal during manic phases, she said.

She concluded that his most recent thefts were petty. “We’re talking about a pack of cheese,” she said.

Leaving aside concerns about whether the long sentence was just, some observers in California asked if the cash-strapped state should really be spending between $50,000 and $100,000 a year to lock up a cheese thief.