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Man, 21, gets jail time for disorderly house

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BY LORI PILGER / Lincoln Journal Star

Sunday, Mar 19, 2006 - 05:16:37 pm CST

Mike Herchenbach was sure he would get a fine. He’d pay a couple hundred dollars, like his roommates, and go on with his life, even though he wasn’t at the party that got out of hand at his rental house. After all, his name was on the lease.

But what he didn’t expect, and hardly believed, was what Lancaster County Court Judge Gale Pokorny had in mind as his punishment for maintaining a disorderly house last Oct. 2.

Herchenbach remembered his attorney from the University of Nebraska-Lincoln reaching for a work-release form, which would get him out of jail so he could work while serving his sentence.

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Herchenbach

He didn’t need it. It’s only a weekend, he remembered saying.

But Pokorny didn’t say three days in jail. He said 30.

Two weeks after being sentenced to the term on March 3, Herchenbach, who is studying business at Southeast Community College, sat in a blue plastic chair in the visiting room at the Lancaster Correctional Facility.

Frustrated by the experience, he talks to people serving seven- to 10-day sentences for driving drunk. He doesn’t think it’s right.

“I think Pokorny wanted to make an example of someone, and I just happened to be in the courtroom on the wrong day I think, which sucks,” Herchenbach said.

He said he was at his parents’ home in Lindsay in October when Lincoln police went to the house he shares with Mike Ternus and Ken Jensen at 1518 S.W. 15th St. and found music blaring from the garage and 170 or so people drinking beer. When the cops came, they dropped their beer cups and ran.

About a month later, police pulled over Herchenbach for speeding; the officer arrested him on charges related to the party.

He said his name was on the lease, so he pleaded no contest. One of the charges was dismissed.

His roommates both got fines, and he thought he would, too.

In a 2½ page sentencing order, Pokorny went through, reason by reason, “why courts need to take a harder look at this type of case and Mr. Herchenbach.”

“Reason #1. People can die at these parties,” he wrote.

Pokorny said young people who come to college in Lincoln often make bad choices when presented with unlimited beer and liquor. It’s not uncommon for police to find people passed out at parties with near-lethal blood alcohol levels, he said.

“Reason #2. People can die at these parties.”

Pokorny alluded to Jenna Cooper, the NU soccer player shot and killed at a party almost two years ago. Young men cruise neighborhoods looking for college parties and walk in, uninvited, helping themselves to food and drinks and anything else lying around. Asked to leave, they often get violent, he said.

Pokorny said parties tear at the fabric of some of Lincoln’s oldest and best neighborhoods, “destroying the solid, quiet sense of community that has made our city what it is.”

They’re also an expensive drain on police resources, he said.

Herchenbach said he didn’t disagree with everything the judge said, like the fact that while police are going out to parties they could be doing more productive things.

“I agree with that,” Herchenbach said, “but that’s also why I’m almost 22 and not having parties.”

Police Chief Tom Casady agreed, too. In a press conference Thursday, he said officers get 1,600 calls a year about parties that are out of control. On an average weekend, they’ll probably get 35 to 50, he said.

“We’re seeing some real significant sentences meted out,” he said, compared to what he’s seen in the past. “This is the kind of outcome we need.”

Not surprisingly, Casady supported the sentence, which he saw as a serious incentive to make sure a party doesn’t get out of control. Parties like the one Oct. 2 are factories for other crimes, like DWI and rape, he said.

Herchenbach, on the other hand, said he doesn’t think what he did or didn’t do deserved 30 days. But he hopes other young people throwing parties take note of what happened to him.

Herchenbach said he didn’t think anyone who lives at his house would have a party any time soon for fear that police would be called. And he doesn’t want any more trouble with the law.

“I hope I never see this place again,” Herchenbach said of the jail.

He gets out Saturday.

Reach Lori Pilger at 473-7237 or lpilger@journalstar.com.

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Andrew wrote on March 19, 2006 5:22 am:

" We all know that POLICE CHIEF CASADY would love to have the power to put anyone in jail he saw fit to for any length of time he felt like!! This is a man who is against your right to keep and bear arms. So I don't give him much credibility as arbiter of what is needed in this community. Judge Pokorny is a ridiculous man. You sir are not a judge. You are a sadist. Herchenbach was not even on the premises!!! Yet you are sentencing him because some one died at a party 2 years ago?!!! You put him in prison for 30 days for what MIGHT HAVE HAPPENED? By that reasoning you could jail speeders, parking violators, etc. You should sentence yourself to a permanent vacation from the bench!! You, of all people should know, that in this society, we do not punish people for the crimes of others. Yet you explicitly cite crimes not commited by this defendant in your sentencing. In essence he is paying for the perceived offenses of a class of people(young males who throw parties)of which he happens to be a part of. Yeah, lets nail this representative of all the parties and all the young punks who have ever disrepected us. That'll teach 'em! Yeah! Right on! Lock 'em up! Judge, if you want to lock up every single violator of this type everytime they apear before you, well sir, you have that power. But if you ever, even once, fail to do so, I hope that Mr. Herchenbach sues you and the county for the inconsistent way in which you sentence defendants. For my money, maybe he deserved a fine. He does not deserve to be jailed. Save that for real criminals, you know, the ones the police are supposed to catch only to have you judges let them off on technicalities. "

Dawn wrote on March 19, 2006 6:29 am:

" I think the Judge made a good decision in this case. Accountability is key. When signing a lease you have the responsibility of the property and making good choices is part of the deal. A life lesson that will have a very good impact. I hope there are more examples to follow this one by all Judges. "

Richard wrote on March 19, 2006 7:26 am:

" There is something missing in the story or Pokorny and the other judges should get together on how these things are dealt with. Three roommates on the lease, two are having a party that gets busted and pay fines while the third is out of town and goes to jail for 30 days? If Herchenbach has a history of throwing parties or there is proof that he was at the party and ran when the police showed up I can see the 30 days. If he has no history and was truely out of town this kind of heavy handed justice serves no purpose other than fuel to fire of mistrust between young adults and the justice system. It sounds like Herchenbach got shafted. When they pick up the landlord maybe he'll get a year. "

Keith wrote on March 19, 2006 7:39 am:

" He wasn't even there and since he didn't plan the party this is unfair. A person can be punished for their roommates stupid mistakes? I guess everyone should live by themselves!!! What's next, to give someone prison time if their neighbor robs a bank? "

Eric wrote on March 19, 2006 8:00 am:

" I kind'a feel sorry for this guy, even though what he did was in the wrong... examples shouldn't be made on only one; all and any should be held accountable by the same standards. One other good example: Falls City. "

Danny wrote on March 19, 2006 8:43 am:

" Unfortunately that's what happens. People don't make wise decisions at these "out of control" parties. "

Fred Marks wrote on March 19, 2006 9:06 am:

" Judge Pokorny and I go way back. He is a fair man and I am probably one small experience of his that makes him that way. Thank you, Judge Pokorny, for all you do! Keep up the good work and I sure hope I never ever see you again :) "

Sheena` wrote on March 19, 2006 9:25 am:

" 30 days is way to harsh...when drunk drivers get 7-10 days there just as dangerous if not more so...And if he wasn't there when his roomates were having the party and they only recieved fines...Why does the police and the judge believe they have the right to use this young man as an example???Was the only reason that I can find in this article is that his name was on the lease!!!Is that to say his roomate only got a fine because thiers weren't even though they were hosting the party??? "

Mike wrote on March 19, 2006 9:33 am:

" This was a ridiculous sentence. "

incredulous wrote on March 19, 2006 10:26 am:

" Why stop there? Why not arrest and jail whatever landlord rented the house? Why not arrest the CEO of a hotel chain if there are any wild parties in the bar in the hotel? In the US, it's how far down the economic food chain you are that determines law and justice. "

Steve Brickle wrote on March 19, 2006 10:34 am:

" How much does it cost to lock up some one for 30 days? The judge should be locked up and the key thrown away.... Land of the Free (Not) Glad I live in France these days "

Rankbender wrote on March 19, 2006 10:34 am:

" "Pokorny illuded to Jenna Cooper, the young woman shot" Illuded? ILLUDED? You meant to say "alluded." Way to butcher the language. Don't you people have editors? "

The Homeland - 4th Reich wrote on March 19, 2006 10:39 am:

" Welcome to Dick Cheney's America! "

Shawn wrote on March 19, 2006 10:42 am:

" So, apparently, he was being convicted not only of his actual "crime" but also the "DWI and rape" that could have occurred. Does this mean Pokorny is guilty of any assault that might happen to the kid while he's in jail? "

prez wrote on March 19, 2006 10:45 am:

" Why didn't the judge give him 6 years???? I can think of numerous reasons why it would have been well fitting. Where was he at two weeks before this happened and what did he do???? "

Gary W. Stevens wrote on March 19, 2006 10:47 am:

" Maybe this will awaen this young man and others to the idea that your respnsibilies begin with your actions and that if you are the name on a lease you are responsible for what happens! Todaqy's young people too many times believ that they do not have to answer for their actions and responsibilites! I am sorry that he has to spend 30 days in jaiol however if someone had died from and accident etc. his part of the negligents could mean years! So hush, face the penality and grow up! Society does not owe you anything! "

John C wrote on March 19, 2006 10:50 am:

" What crime was committed? You really have to question the Judges judgement on this one. Less time given for dwi and other crimes, yet 30 days for a party. They should give the "Judge" a drug test. "

Luke A. Schmader wrote on March 19, 2006 10:52 am:

" Who are we kidding.......I speak at colleges and universities accross the country regarding binge drinking, large parties which indeed can cause problems not just with students in many ways, but also with the cummunity in general. However, the fact is, this has been going on since the founding of many of our fine learning institutions. The difference is, now, a lot of this gets in the news faster and spreads wider accross the nation and world because of the internet. The key is to educate each and every young adult at all universities to learn how to "at least" be responsible and plan before anything adverse happens. Thank-you. "

Adolph wrote on March 19, 2006 10:54 am:

" This is not the American justice that I was brought up to believe in. "

ppies wrote on March 19, 2006 10:56 am:

" this kid got more time than a child molestor. what is wrong with this picture???? and we should respect the law??? drunk drivers are more dangerous. i hope that people do their homework in the future before voting in this judge. "

Jaime Cuervo wrote on March 19, 2006 10:57 am:

" He's right - it's not fair that drunk drivers get 10 days when he gets 30. The drunks should get 30 as well. "

Mrs Coleman wrote on March 19, 2006 10:57 am:

" illuded? alluded? Illude \Il*lude"\, v. t. [imp. & p. p. Illuded; p. pr. & vb. n. Illuding.] [L. illudere, illusum; pref. il- in + ludere to play: cf. OF. illuder. See Ludicrous.] To play upon by artifice; to deceive; to mock; to excite and disappoint the hopes of. Allude \Al*lude"\, v. i. [imp. & p. p. Alluded; p. pr. & vb. n. Alluding.] [L. alludere to play with, to allude; ad + ludere to play.] To refer to something indirectly or by suggestion; to have reference to a subject not specifically and plainly mentioned; -- followed by to; as, the story alludes to a recent transaction. "

Suzanne Gorenfeld wrote on March 19, 2006 10:59 am:

" C'mon! A "disorderly house" is a brothel!!!! Also, what is a "DWI"??? Are you referring to "DUI?" DUI is Driving Under the Influence!!!!!! Is this the best they can do in Nebraska? No wonder so many Nebraskans voted for Bush. "

Marsha Diehl wrote on March 19, 2006 11:00 am:

" It seems unfair that only one person got in trouble for the party and was singled out to pay for the crime. It would seem to me that if all are charged with the same crime and are equal in every other way of the same charge, they are equally guilty and therefore all should share the same sentence and time in jail. Why pick one person over another to sentence "

bsafiant9 wrote on March 19, 2006 11:13 am:

" 30 days is not enough: the damages done to my last two rentals were just as like this judge determined, aside to killings and dope, one year would be best. "

Sherman wrote on March 19, 2006 11:14 am:

" Nevertheless, that Judge is insane and should be examined. "

Bob Valentine wrote on March 19, 2006 11:22 am:

" For twenty-eight years I appeared frequently before the mayor, the city council and the county board to ask them to stop approving so many downtown bars and the expansion of alcohol. My last appearance in the summer of 2004 was to ask the city council to NOT approve allowing beer to be consumed by golfers on Lincoln's public courses. As an adjunct professor at UNL for many years, I watched the quality of student life deteriorate. Drinking began to take place as early as Thursdays, and students were often absent Fridays. I was often ridiculed. "Don't impose your beliefs on the majority," I was told. Drinking became a civil right, not a health issue, in the eyes of many. Well, you all got what you want! Lincoln is a boozer's paradise and our police are forced to be downtown when the bars close, rather than protecting the permimeter of the city. Lincoln is a real sophisticated place, a real grown-up town. Congratulations! We moved to a safer place to retire. "

Tom Pain wrote on March 19, 2006 11:26 am:

" This is complete BS. Why not arrest his roomates? They threw the party. If you want to teach young people a lesson why not being responsible for their actions? Young Mr. Herchenbach is only guilty of trusting his roomates. I hope he sues the hell out of them. "

JOHN wrote on March 19, 2006 11:31 am:

" PERHAPS THE SENTENCE WAS A LITTLE STRONG ON THE OTHER HAND IT SEEMS TO BE WORKING.IF THERE IS ANOTHER WAY OF PREVENTING DANGEROUS PARTIES LIKE THESE, I HAVE NOT HEARD OF IT. "

Jack wrote on March 19, 2006 11:39 am:

" It about time concequences for actions are assessed. If your name is on a lease, you are responsible, period! "

San Diego Matt wrote on March 19, 2006 11:44 am:

" This is just another example of how far right this nation is going. This young man should sue!!! "

Christopher wrote on March 19, 2006 11:49 am:

" He got what he deserved. "

J W Stepp wrote on March 19, 2006 12:01 pm:

" I fully concur. The Judge should be commended. Maybe more jurists will start doing their job after reading this article. "

Karen wrote on March 19, 2006 12:06 pm:

" I bet he thinks twice , before having another LOUD party ! Way to go Judge Pokorny, so of these " college parties " get way out of hand, and it`s the neighbors who 'really' suffer . "

Kyle wrote on March 19, 2006 12:08 pm:

" So much for peacefully assembling! "

TL wrote on March 19, 2006 12:16 pm:

" There must be more to this story that made the court believe he was more involved that the story leads is to believe. Otherwise, this is a totally rediculous sentance. If I go on vacation and my brother decides to have a party at my house without my knowledge, he is soley responsible, not me. I understand if someone is injured my homeowners insurance will probably get hit but I don't believe that is the same thing as being held legally responsible for any crimes committed. "

popijw39 wrote on March 19, 2006 12:28 pm:

" if this is such a big problem where is the University??I think they have a major ewsponaibility here and evidently do nothing?? "

John D. Sackett wrote on March 19, 2006 12:31 pm:

" A good beginning for a solution to the ever-increasing bingeing problem. "

Brad wrote on March 19, 2006 12:33 pm:

" 30 days in jail for having his name on the lease? Com'n judge get a life! The only thing this young man learned was the judicial system isn't fair! Way to prove that point! "

Disgusted wrote on March 19, 2006 12:37 pm:

" Welcome to the Soviet Union "

rick ledoux wrote on March 19, 2006 12:38 pm:

" Police kill more people each year than parties. "

See'in Red wrote on March 19, 2006 12:50 pm:

" hmm.....this kid gets 30 days, the guy that steals $21k from the Family Services to cover his gambling debts gets probation......what a crock! "

S. wrote on March 19, 2006 12:54 pm:

" Again, our goverment is starting to get out of hand. They call it law and order..I call it control. our goverment makes descions everyday that cost lives...I don't see them going to court and jailed. As soon as a young man has a party, they throw the book at him.Pitty the govermnet can't live by their own standards.open up your eyes. "

E Batten wrote on March 19, 2006 1:01 pm:

" Not that I agree or disagree with the sentence, I just hope that during the process of judgement that they take into account bars and resturaunts and partys before football games that are downtown. Are the owners also fined and jailed, to be made an example of? It needs to be handed out fairly not just to collage partys. You have people coming out as drunk from rest, and bars and have been just as bad and I just wonder if it is ever traced back to the owners or managers of those establisments with the same amount of response. Every thing in perspective who is to blame? legal or not, good or bad the end result needs to handed out evenly and fairly to all partys. "

Will Vassar wrote on March 19, 2006 1:03 pm:

" Justice at its worse...wrong sentence...judge needs discipline!! .making a mockery! Young people learn to hate the good efforts and justice with this ridulous sentence....drug dealers and thieves get less. The judge should be kicked off the bench and asked to serve a similar sentence. I am former sworn officer and a law abiding citizen, but this is an absolute travesty of justice. Hard to believe that anything so ridiculous can actually happen in America. What a joke!!!and embarrassment to the justice system Will Vassar Gladys, Va 24554 "

james wright wrote on March 19, 2006 1:06 pm:

" thats why you should have smaller parties! keep it quite! "

lora donnelly wrote on March 19, 2006 1:08 pm:

" I applaud the judges' decision. It is a country wide epidemic of behavior by young adults that are out of control. They come home in the middle of the night with blaring noise that they won't shut off and make whole communities miserable. Residents are afraid to complain because of reprisals. Police don't like to take such calls and just shake their heads. This is the result of parents wanting a cute little baby, but when it grows into teen years don't want the responsibility of raising it. Children in this society have no respect for anyone. It is do your own thing and to heck with the consequences. We are on the road to anarchy with politicians encouraging the "anything goes" speech, behavior, etc. "

Ziggy wrote on March 19, 2006 1:09 pm:

" This is amazing. A judge explaines himself, he calls his sentance and this story is all over the net as if to say, "This is nuts! This is harsh! No, I'm sorry tot say, It's about time! "

Sarah wrote on March 19, 2006 1:15 pm:

" Our justice system is inconsistant. "

kauai wrote on March 19, 2006 1:16 pm:

" what an absolute travesty of justice...but heh...give probation to corporate exec's who perform anal sex on thousands of their "underlings" by bankrupting their company's. This poor guy should sue... "

John Weddel wrote on March 19, 2006 1:18 pm:

" Thank you, Judge Pokorny, for the decision to come down hard on disorderly households. I live across the steet from three duplexes and since they were built my neighborhood has been ruined. I have witnessed huge parties with minors in attendance, trash in my yard, vandalism of my property, urinating in my yard, arrows shot into my yard from across the street, illegal fireworks, a shooting, harrassment from the renters, drug offences, and on and on. It seemed that my rights as a homeowner didn't amount to much, so I am delighted to see LPD and the court system take a firm stance on this problem. I do blame the renter(s) for the problems my neighors and I have had do endure. I also blame those contractors that have come into residential neighborhoods and crammed appartment buildings between the homes and selling them to the first person with the money; many, of which, are not even Lincoln residents and only care if the rent is paid. It's past time we make the property owner and renter accountable for their decision to rent to those who cannot respect the law and the rights of those who have to live near them. "

truthseeker wrote on March 19, 2006 1:49 pm:

" how did this person qualify to be a judge??? "

James Jordan wrote on March 19, 2006 1:58 pm:

" Sounds like the kid was rail roaded by a police state judge with a serious dislike for the younger generation. I'd be willing to wager that going back through the judges past, you'ed find some grey areas of question in judgement on the part of the judge. This country has thousands of young people stairing down the barrels of enemy guns so I would question the judges rational behind this decision considering the countrys attitude that sending them to die on a battel field is less of an issue than those that participate in loud parties. "

Larry wrote on March 19, 2006 2:02 pm:

" Is this judge a nut? Why not a fine, maybe a weekend in jail? No, this judge claiming this individual is wasting resources, has just did that. Not only does the public have to house, protect and care for this individual for 30 days, this judge has placed him in an environment that will turn a college kid, into what a criminal? Is there nothing left to do here? Is there no real criminals in the city? Why not add to the city treasury, place a lean on the owner of the house, and move on. This is an example of liberal judge playing Mommie and Daddy with our tax money. See you at the polls, maybe this time we can find a real JUDGE. "

duh wrote on March 19, 2006 2:04 pm:

" It's good to see the gestapo is alive and well in Nebraska. Maybe he should be executed for being young and shiftless. It's forunate that he is white, or he would have been sentenced to life! It's great that a judge is willing to impose his morals on all of us. God bless Amerika!!! "

Joe Morgenstern wrote on March 19, 2006 2:27 pm:

" Lancaster County Court Judge Gale Pokorny is a predator. The defendant wasn't apparently wasn't even aware of the party or the magnatude of it at least!! This judge is causing more harm than the so-called lawbreaker. The reason people disrespect the law, is because judges such as Gale Pokorny make a mockery of the law, with their narrow minded authoritarian militant attitudes. Something needs to be done about Judge Pokorny "

Doug wrote on March 19, 2006 2:29 pm:

" Big Brother Knows Best! You kids, stop having fun! Kids back in the 1920's DIDN'T have fun, and the few who did, all of them died terrible deaths. HOORAY for judges who let drunk drivers off, but lease holders (i.e, someone who has good enough credit to rent a HOUSE) get 30 days! That's a wise judge! Moses would be proud. SICK and DISGUSTING. This is your future, America! STAND UP NOW, or let your children read of the freedoms you let be stripped away. "

big poppa wrote on March 19, 2006 2:29 pm:

" You break the law you pay the price. Good job Judge. Underage drinking is a major problem and needs to be dealt with harshly. "

concerned taxpayer wrote on March 19, 2006 2:36 pm:

" the penalty suits the crime. the little ingrate is living off of daddy's money and tormenting everybody living near him. They should make the military manadatory for all 18 year olds for 4 years. Then when they are 22, they would know how to live in polite society. "

John Galt wrote on March 19, 2006 2:45 pm:

" I believe he got it for attitude, and deserved it. His attitude in the article was "lets get this over with, pay the fine, and get on with my 22 year old party life...". Even his response of "I am 22 an the only one not having parties now". I agree it is about time we hold some standards. "

J. Henry Ford wrote on March 19, 2006 2:47 pm:

" After all, his name was on the lease. Listen to the Gomorrahicans whine about the "injustice" of the punishment. It's about time that someone apply an antidote to the anarchy of an American popular culture that washes like a septic tide over the lives of average citizens. "

Mary Ratcliff wrote on March 19, 2006 2:51 pm:

" Should judges legislate (make new laws) from the bench? No. The judge should have issued whatever sentence the LAW ALLOWED. Somebody needs to make a new law to punish judges who try to legislate from the bench! I hate drunken parties, but really! Whatever happened to rule of law? "

Colin Campbell wrote on March 19, 2006 2:51 pm:

" boy I sure am glad to be living in Canada! "

pedant wrote on March 19, 2006 2:55 pm:

" Reading the comments so far, it would appear that the writers may have spent too much of their time partying instead of studying. I believe there was only one comment without a spelling and/or grammar mistake. What's wrong with that picture? "

Hell In A Bucket wrote on March 19, 2006 2:55 pm:

" "like the fact that while police are going out to parties they could be doing more productive things." Like investigating the goings-on at the local donut shop. "

Joe wrote on March 19, 2006 3:00 pm:

" Judge is wrong and abusing appointed powers, for wasting jail time and money on the wrong guy. If kid would have prevented party would he be restricting the freedom of his roomates? Kid should sue lawyer and judge for incompetance. Judges have rules that they ignor as they feel above the law. Who's going to call them on it aside from Bill O'riley? "

Tom Ziegler wrote on March 19, 2006 3:02 pm:

" They don't listen until you smack them! "

Joey Ware wrote on March 19, 2006 3:12 pm:

" I hope that everyone who reads the article understands what the judge did in his sentence. He punished an individual who was not involved in the crime with jail AND then just fined those roommates who were actually holding the party. This kid was actually at home with his parents. Inconsistency in the sentencing of crimes has always been a problem, but usually has had some type of bias (gender, racial, economic). This was just just on a whim. When I go to work, I have to act the same whether I feel good or bad or have had a fight with my wife or kids. I have to have the same demeanor. If I don't, I get fired. let's hope the good people of Nebraska have the common sense to do the same. The judicial system is based on a fair punishment for a crime. If the crime is the same the punishment should be the same, regardless of whether you don't like kids, partiers, bums, whites, blacks, hispanics, bad morals, etc. How would you like it if you let a friend borrow your car and he got a dui and the friend got a fine and you got 30 days jail time because you were the owner of the car? I don't expect to change anyone's mind because usually those who speak like those on this board come from a such a radical position that there is no way to ever contemplate and look at an issue from two postions. In the end that is what is wrong with this country and will spell it's doom sooner than later. "

zPright wrote on March 19, 2006 3:14 pm:

" Love all you people who get vindication from sending a kid to jail. Send everyone to jail! More jail for everyone! "

Mike wrote on March 19, 2006 3:24 pm:

" To those who are complaining, would you like to live next to this bum? "

Jon White wrote on March 19, 2006 3:24 pm:

" "Observational Selection" observational selection (similar to confirmation bias): pointing out favorable circumstances while ignoring the unfavorable. Anyone who goes to Las Vegas gambling casinos will see people winning at the tables and slots. The casino managers make sure to install bells and whistles to announce the victors, while the losers never get mentioned. This may lead one to conclude that the chances of winning appear good while in actually just the reverse holds true. "

Franklin Emmert wrote on March 19, 2006 3:26 pm:

" Oh to wish there were more judges like this everywhere. Good lesson to those who have no manners, morals, let alone respect for the rest of the community. If they want to party, let them go out to some quarry or hole in the country, where they and their ilk can do whatever they want to each other. Let the county sheriff's know about it however. "

Nicole wrote on March 19, 2006 3:27 pm:

" I think one of the lessons he can learn from this is to pick better roommates. "

been there wrote on March 19, 2006 3:28 pm:

" We lived in a nice old neighborhood near the univ of Colorado. When we moved in it was elderly people and reasonably responsible college students mixed. But as the years progressed the irresponsible (as opposed to the responsible) students increased and drove us out. They just became 18-22 year old babies, unable to handle alcohol, or much else in the adult world. "

barry wrote on March 19, 2006 3:35 pm:

" This "kid" was 21 and old enough to form a contract or sign a lease. Whether or not he was visiting mommy and daddy at the time, he's old enough to be held responsible for what goes on in "HIS" own home. "

A Texan wrote on March 19, 2006 3:59 pm:

" I'd rather a neighbor keep an ugly yard than to be loud and have cars parked all over the place. They should have given him 300 days!!!!! "

Matt wrote on March 19, 2006 4:06 pm:

" I hope all of you, who think that this was just punishment, have kids, and one day those kids throw a party at your house when you are out of town on vacaation or visiting the in-laws. And when you return from this vacation you get you a$$ess thrown in jail for a month because of what someone else did. "

Mike wrote on March 19, 2006 4:07 pm:

" Boy, if you think this kid should go unpunished I'm glad you live in Canada too. I don't get vindication from seeing this kid punished, I get to live in a Country where people's property rights are respected a little more than they were before this ruling. People don't want neighbors who have parties like this, they want neighbors who have some respect. "

Bob Rutledge wrote on March 19, 2006 4:08 pm:

" What this judge has done is to deprive a citizen of their liberties for the crime of others. Why wasn�t the owner of the property also charged as he/she is as guilty as the young man? I believe this judge is seeking publicity. I also believe an appeal should have been made to a higher court. "

j hanson wrote on March 19, 2006 4:09 pm:

" Lets see the roommates, at the party, get fines and the young man not there goes to jail! Heck of a frontier town yall are running up there. I guess in Lincoln the only hucksters aren't on the football feild. Funny thing though when you think about it. Who would have thought that a judge named Pokorny would have been related to Judge Roy Bean. "

David Wallace wrote on March 19, 2006 4:16 pm:

" Somebody please explain where the justice is in a decision which punishes a person who was not even present at the party. Sounds like this judge has black robe syndrome to me. Someone should reminde him to look at the facts before he goes and makes an example of someone like this poor guy. David Wallace Atlanta, GA "

batteryrow@aol.com wrote on March 19, 2006 4:19 pm:

" There should have been a major publicity campagine warning that 30 days would be the minimum sentence for this type of activity and to be effective after a certain date. The 30 dayer is a great wake up call, which I support, but only after a strong and effective outreach program has been completed. "

bassrich wrote on March 19, 2006 6:08 pm:

" Virtually every post here, pro or con, is loaded with nearly as many assumptions as spelling and grammar errors. Was it the same judge who sentenced all 3 roomies? I don't know. What penalty does this ordinance specify? Does the penalty escalate with additional offenses? I don't know. Were there under age persons at this party? I don't know. Had there been previous problems at this location? Was the property owner informed by anyone of the goings-on at his property? I don't know. I would be willing to bet that most of you posters don't either. When we make definitive-sounding statements without knowing all the facts, we invariably end up sounding like closed-minded imbeciles. The fact is that this sentence may or may not have been just, depending on many circumstances not addressed in the story. This is "Critical Thinking 101" people. "

Fred, NY wrote on March 19, 2006 6:48 pm:

" Yes, the judge did the right thing. When it is known, understood and considered that on every serious job application there is the question: "Have you ever been arrested ?", care for the fellow man will increase rather more quickly. On the other hand: What are the contributing factors to such truly stupid, abusive "parties"? Is ist not the utter speech- and lifestylelessness instilled into our kids and teens by inconsiderate mortgage-concepts, absent-TO-work parents, value-smearig TV, evil-is-OK "music", and socialist dirt throwers ? Our youth deserves better than that: How about living out the good values our ancestors were so thankful for when they built this country into the greatest nation on earth ? I am very convinced that's 'way more' fun and joy and love, since it actually benefits life and living -- and partying. So: Let's party ! :) "

Mark Christopher Pizzolato wrote on March 19, 2006 6:55 pm:

" Unreal! "

Hanging Judge wrote on March 19, 2006 7:02 pm:

" keep judges in office too long, and you get arrogant hangmen. like the supreme court... "

keith wrote on March 19, 2006 7:05 pm:

" I totally disagree with this; 30 days is a bit harsh on a guy who wasn't even there at the time. We're his roommates there? If that was in the story, I missed it and don't feel like reading it again. "

JohnK wrote on March 19, 2006 7:08 pm:

" What law did this man break? Does everyone with their name on a lease have to remain at home at all times? I'm sick of hearing about judges legislating from the bench. They're doing more damage than good. Apply the law - that's all. Good luck USA. "

Bob in NY wrote on March 19, 2006 7:09 pm:

" Thank God for this judge. We need one over here in Saratoga. I have four kids and live two houses away from a one family unit rented to four Skidmore College seniors. The street used to be quiet and awesome to live on, but since those idiots moved in it has turned into a scary experience. I am having a hard time sound deadening the kids' bedrooms so they can get any sleep because these Skidmore students party three nights every week. There is traffic all night in the street and pot and alcohol and god only knows what else going on in the house. They tried to sell the next house over last fall but two full price buyers backed out when they realized there was a house full of college seniors on the street. These kids pee in backyards (except mine after one of them tried to argue with my German sheperd) and they throw garbage all over. We have talked to a lawyer about the city using eminent domain to clear that animal house. The college, of course, does nada about it. They're just raking in the tuitions. "

Steve wrote on March 19, 2006 7:15 pm:

" Stories like these make me glad I left the U.S. a long time ago. The people who get off on this sentence are as bad as Nazis, thinking bombs and jails will solve all their perceived problems. No wonder the rest of the world thinks the U.S. is a digusting joke. "

Joseph wrote on March 19, 2006 7:19 pm:

" We have become fascist. It's embarrassing. Welcome to Nazi Germany. If there isn't something unknown about this, the judge and all of you that think his sentence was appropriate, are mentally ill. This judgement is devoid of logic. "

Chris DiBenedetto wrote on March 19, 2006 7:20 pm:

" The punishment should, and in this case does, fit the crime. "

B. Davis wrote on March 19, 2006 7:21 pm:

" "While it is true these kinds of parties should not happen at all and no, I would not want it happening in my neighborhood, I think everone whose name was on the lease should have gotten equal punishment - and when you consider the New England judge who let the guy go who molested children - seems unbalanced - the roommates who allowed the party got off pretty easy." "

Bill wrote on March 19, 2006 7:29 pm:

" While you people advocating this sentence are typing at your computers, maybe someone is setting your car on fire, and you should go to jail for federal pollution charges! What's the difference? It makes a lousy example when you pick the least guilty (based on the details given in the story) and send him to jail. It sounds to me like about 170 other people need to go to jail before him. While that idiot judge is inflicting his will on a defenseless public, I doubt he would have the same opinion if 170 drunks trashed his house. An unanswered question- what law was broken? If the law requires him to have absolute control over his residence, even while he's not there, I GUARANTEE you it is unconstitutional, and I bet I could list U.S. Supreme Court cases all night long as evidence of my opinion. "

Mike in Omaha wrote on March 19, 2006 7:30 pm:

" Time to get back on your meds Joseph. This man wasn't punished for his political beliefs, he was punished because he was a jerk. "

Seth wrote on March 19, 2006 7:37 pm:

" Fair? No. Effective? Yes. "

Jim wrote on March 19, 2006 7:42 pm:

" The judge must be smoking the expensive stuff. I read a few weeks ago the sheriff of an American city wants to put cameras in all residents homes or apartments. Wake up America you are loosing more freedoms everyday. Soon we'll be going to jail for farting in your own house. "

Matt Sriram wrote on March 19, 2006 7:43 pm:

" The disparity in sentencing between the penalties handed in this case vs. drunk driving cases are ludicrous. A house party certainly has potential for disaster, but doesn't drunk driving exhibit far risker behavior? What concerns me, however, is not this one renegade judge who clearly misapplied the law. It is the numerous citizens who commended and lauded this misapplication. It is the responsiblity of the populous to check the government. Shame on you for allowing abuse of written statutes. "

antirythmrockshocker wrote on March 19, 2006 7:45 pm:

" Rubish!I wonder what laws the judge would sway if that kid was his own!How long did bush's daughter get sentenced for drinking under age? "

Fun Hater wrote on March 19, 2006 7:45 pm:

" So how did the cops know his name was on the lease? Did his rommates rat him out or did the police do some super-duper detective work and contact the OWNER of the home, who desserves to be sent to jail for renting to such unsavory types. I hope I can stay on the right side of the law while the city council continues to pass laws that will help the "fun police" carry on their moral cleansing in Lincoln. This town will be a much better place once every one is in jail. "

Tony wrote on March 19, 2006 7:48 pm:

" Like it or not, at some point we must be held accountable for our actions or inactions. Every day we make decisions that impact our futures, and life isn't always going to be fair. "

Richard Hertz from Holden wrote on March 19, 2006 7:50 pm:

" I hate Right-wing thinking and all of the holier-than-thou rhetoric that is spewed by these closeted hate mongerers "

CB wrote on March 19, 2006 7:51 pm:

" I'm sure all you hypocrites that agree with Judge Pokorny's sentence were in college/young at one point also and never did any of this stuff. Give me a break. 30 Days is absurd. "

Kyle Michaelis wrote on March 19, 2006 7:52 pm:

" If this article contains the whole story, Judge Pokorny's sentencing of this young man is APPALLING! And shame on all of you who would say otherwise. From the information we have here, this young man is guilty of nothing more than having his name on a lease. He was not even in town when this party occurred. To hold him responsible for it - certainly with so harsh a penalty - is absurd, injust, and disgusting. If we really care about our neigborhoods and the future of this city, Lincoln should realize that driving away and vilifying young people in this insane fashion is in nobody's interests. If Lincoln thinks it can just "GET TOUGH" and end all parties, they might succeed...but only by waving goodbye to the young people who make this the dynamic city that it is. You want to stop the out-of-control parties? Let's educate. Let's enforce reasonably, remembering that we were all young once as well. And, more than anything else, let's make sure kids have OTHER ALTERNATIVES to drinking. Now, how does blowing up the $2 Starship movie theater, probably the best low-cost entertainment choice around, to build a parking garage serve that purpose? "

Dave wrote on March 19, 2006 7:55 pm:

" He should kick his roomates asses, then kick them out. "

Joe wrote on March 19, 2006 7:56 pm:

" Young people will have respect for the law when the law becomes respectable. This judgment did not further the cause. "

Steve wrote on March 19, 2006 7:57 pm:

" Good points, Bassrich. However, it is clear Herchenbach's "crime" was not active participation in the disruption, but rather (what the court saw as) facilitation the disruption. The article does not quote the law his conviction was based on so we do not know if it is the court, the law, or both which criminalized Herchenbach's act of holding the lease to property at which a disruption took place. Why do Lincoln's laws and/or courts seem let the trail of responsibility end at the leaseholder? Why not the property owner? Did the landlord not make the property available to Herchenbach, thereby facilitating Herchenbach offense just as much as Herchenbach facilitated his roommate's offenses? Why stop there? Perhaps there was a property management company acting as the owner's agent in leasing his property. Haul them in too! They could have, should have, would have prevented the disruption. Is the property mortgaged? To the dock, Mr. Banker! Why not? The bank knew or should have known things like this were happening or likely to happen at this property for which they held the a note. They could have called the loan and preserved the peace in Lincoln, but they chose not to. In most places eviction of tenants and/or roommates is a highly regulated process. The only way Herchenbach could have safeguarded himself from running afoul of Lincoln law enforcement seems to have been not to have any roommates. Since he already had roommates the best he could have done was to have gotten rid of them. Suppose Herchenbach's roommates informed him it was their intention to have a loud party that night regardless of Herchenbach wishes. Suppose Herchenbach, understanding he could be held accountable for his roommates' actions, had reacted by putting their possessions on the front lawn and changing the door locks. Hapless Herchenbach would have probably ended up in the same courtroom anyways, and been found guilty of wrongful eviction. My guess this is a case of lazy law enforcement and prosecution. It probably takes a lot of work to investigate and establish in court exactly whom has hosted a party. It is a lot easier to obtain a copy of a lease and simply charge whoever signed it. "

tom wrote on March 19, 2006 7:57 pm:

" If they guy was a t his parents house, why was he punished? The County needing the federal dollars. More people in jail, more money the locals get from the gov. remember when if you do something stupid you got punished? nowadays, everyone but the people that are responsiable get punished, always someone elses fault. Most people are missing that the guy wasn't at the party, his room-mates were. They got fined, what's up with that???? "

Henry Bowman wrote on March 19, 2006 8:01 pm:

" What a crock of feces. People die on the road in car accidents. People die at the hands of corrupt politicians and cops in large cities. People die from slipping on ice and hitting their heads. I say we ban roads, politicians, cops, and ice. It's for the children! "

Hamish wrote on March 19, 2006 8:03 pm:

" Here in Scotland we have something called an Anti Social Behaviour Order. If neighbours complain, the local Council can go to court and get an order on the balance of probabilities saying don't you or your friends or visitors do whatever is specified. If