Jul 06, 2004 09:21
The whirlwind of last week has calmed down. Last Monday, we sucessfully pled our defendant to life without parole for 25 years (instead of a trial with a death penalty option). It was decent and humane to save his life, yet hold him responsible for his act on society. In prison, he will have the opportunity to do the things he seems to have not done before such as schooling, skill training, and maintain a structured life free from the worry of how he will provide for his daily needs. I had the opporunity to sit with his family for part of the court ordeal and explain what was happening. It was really sad that at this moment, when death was staring him down, thats when his family finally decided to validate his existence by noticing him. I wonder what he would have been like had his family spent a little time on him 20 years ago when he was brought into the world.
The trial of the codefendant proceeded and returned verdicts of guilty on 1st degree robbery and murder. The jury recommended a 35 year prison sentence be imposed. Under Kentucky sentencing guidelines, he will be eligible for parole at 20 years. Considering he is currently 42, he will most likely die while in custody. He also has two other trials pending for escape and contraband. Those sentences must, by statute, run consecutively. The verdict was good. The sentence was light. I have never seen mitigation based on the fact that the defendant cannot read, did not go to school, had parents that were bootleggers and gamblers. To his counsel's credit, they had wonderful closings.
Today, I am off to Hazard, KY (Perry County). Namesake county of my great-great-great-great uncle, Oliver Hazard Perry, the Battle of Lake Erie Naval hero. I will be in the area with the investigator looking at evidence for a murder, shaken baby syndrome. Much more to come I am sure.