Writing A Victim Impact Statement For Sentencing

[KeepingTime]

Thank you. I'm trying to have faith in the system and in this judge.
I hope the judge is as annoyed with all of this as I am! :)
Just wanting this all to be over. And it's soooo close to being over if it just doesn't get screwed up.
They guy doesn't have anything to gain by delaying it. He's been in jail the whole time on no bond. But he doesn't have anything to lose either.

 

[Justmehere]

Yeah, he probably doesn't have anything to lose since he is very likely facing life in prison - and that's probably why he is doing this. Grabbing at any chance he has to fight it. Argh. It's a really screwy step to take and isn't going to gain him any points with the judge who will likely have to sentence him sooner or later. Not a bright idea to annoy the judge... Sigh.

 

[lostforgottensoul]

I havent replied yet because ive thought a lot, A LOT, about this and most especially since i learned my mom is dying very soon. Actually i cant get it off my mind now so i guess its time to post my thoughts.

If I had to do this: I would without a doubt but i wouldnt go, Id have the prosecutor read it, outloud.

I would be very direct about how this crime has impacted my daily life, my mental wellbeing, my everything...but i would be rather short and to the point about it. But i would make damn sure that that entire court knew how this impacted me in every way.

Victim impact statements have made sentencing worse just all due to the impact on the victim. Remember that "the court" is made up of people, with emotions and when a human with a conscience see or hears of another innocent human being hurt needlessly, they often react in a way to punish the one that did the hurting.

Its not about him at all, its about telling "the court" that what he has done, has such profound and massive impact on you in these ways (primary trauma or not). It stirs emotion but by god, thats got to be some healing in that. Its like standing up for yourself for the first time. Its why my therapist wanted me to write out my trauma from start to finish and mail it to my mom. "You did this to me! You!"

Sorry, didnt mean to get carried away. Was putting myself there. Theres some very strong emotion there for me.

 

[KeepingTime]

I can't believe the judge fell for his antics! Fires his attny the day of the sentencing! Guess what? NO SENTENCING! And he is trying to represent himself! So now there's gonna be a hearing for the reversal of his guilty plea. He "wants to do his own research". On what????? What information is he gonna have access to? My address? My phone number?? He may not be able to get to me from jail but his meth head girlfriend sure can. And he gets to question me at trial?
At what point do I have rights here???
How did this happen? Was I stupid enough to believe that someone would actually be held accountable for something they did to me?

 

[lostforgottensoul]

And he gets to question me at trial?

Not necessarly. Remember, you are the victim and he is the bad guy still. He has a right to represent himself...most do it poorly so it maybe its a good thing. The State is for you, there to protect you. Have you spoken to the prosecuting attorney about your address, phone number and keeping you safe from all of his weezly friends? That would be the first call id make tomorrow morning.

 

[Justmehere]

Damn, I'm so sorry this has happened!

Was he already convicted by the jury?

If so, this shouldn't go to trial again unless there is a long and lengthy appeals process FIRST.

And no, he shouldn't be able to get your address and etc. He could be researching appeals and sentencing matters.

All this is good stuff though to talk to the DA and victim advocate about.

It isn't actually the worst thing if he represent himself. It's well said on legal circles that only a fool represents himself.

And when this goes to sentencing again, which does have to happen even if he appeals, he won't be able to cross examine you.

If he does win another trial, which is extremely rare, he could cross examine you, but things are a long way from that.

Take it one step at a time.

 

[KeepingTime]

I'm waiting for a call from the state attny. I talked to him today briefly afterward. The judge was going to do a farretta hearing to see if he could represent himself. I haven't heard back yet. I went in today thinking that I was going to hear the sentence finally and trying to work up the courage to read my statement. Then I got broadside by this! We were supposed to be done today. This was finally supposed to be over and now it feels like starting over.
We had been set for trial back in April. Was supposed to start on a Tuesday. I had my subpoena and was ready as I could be. Then on the Friday before he had one more appearance that I went to just so I could get used to seeing him In court. He actually got up and straight up plead guilty! Admitted to everything and I couldn't believe my ears! I was spared a trial AND I got to hear him admit what he did in court. I knew it was too good to be true. Today was supposed to be just the sentencing. Not all these shenanigans.

How can they just throw all that out and pretend like it didn't happen? I know it hasn't happened yet, the judge still has to rule on reversing the plea but I have lost all faith in the system today.
This may be just a delay idk but the emotional roller coaster is getting to me.

His defense attny that he fired today actually tapped me on the back with his briefcase as we were walking out and said good luck. He may have been sincere but my head was spinning trying to figure out what the h*ll just happened!

I didn't ask the advocate to go with me today because my husband went and I thought I didn't need her anymore.

 

[Justmehere]

Oh damn... Yeah, there is a possibility this could go to trial. However, the fact that he already confessed to it all can likely be used at the trial...

I bet the defense attorney thought of you highly. I have worked with defense attorneys and the good ones do it because they guard the constitution, not so much because they think all their clients are innocent or amazing.

This guy isn't a bright cookie. Even if it goes to trial again, I can't see him winning and I can't see the judge being lenient on sentencing.

Remember, he already broke the rules of parole. The chances of him following the rules of the court by representing himself is slim. He can get himself into so much more trouble in a hurry. The DA will have a field day running in procedural circles around him.

But none of this changes the fact that this is a huge pain for you. I'm so sorry it isn't over yet. This is awful. What a horrible jerk to put everyone through this. He is showing his true colors once again. :(

I can understand not trusting the system at all.

Another option to look into in addition to the victim advocate is to see if your town is one of the few (but growing in number) that has a victim law non-profit that can provide free representation by lawyers for the victims.

Keep reaching out for all the support you need.

Edited to add:
p.s. so sorry about all the typos - now fixed. My computer has been in the shop and I've been using my phone. Autocorrect hates me...

 

[lostforgottensoul]

his guy isn't a bright cookie. Even if it goes to trial again, I can't see him winning and I can't see the judge being lenient on sentencing.

Neither can I.

@KeepingTime, I dont think his guilty plea is going to be thrown away. But thats just a feeling. Ive schooled myself a bit on how court works and watched the Casey Anthony trial fully but that doesnt mean i fully understand it all cause I dont. I know though he has a right to represent himself (and I agree that only fools represent themselves and a lot of the times it goes downhill for them) not everyone can so he may be completely turned down for that, his plea still in force and re-schedule for sentensing.

The good luck from his fired attorney, i feel that was likely genuine. Most inside "the court" have empathy for the victim...and maybe some of it is 'good luck cause this guy is nuts' lol.

You are so brave to be reading the victim impact statement in court yourself. I wouldnt be able to. Id want it read but id have to have the attorney read it as i wouldnt be able to. You are so strong! Id try to go to as many court sessions as you can to desensitize seeing him. That was a good idea yesterday and it would be a good idea to go to any others for that reason.

Dont loose faith in the system. I did when Casey Anthony was found not guilty when her guilt was so obvious and even went to her memorial and spoke to her parents (such sweet people) and it just hit me hard. Our system certianly isnt perfect. Another opposite of convicting a very possible innocent person TWICE is in Netflix The Making Of A Murder. That story is insane. But our system gets way more right than they do wrong. Please keep that in mind. I know this is an emotional roller coaster for you and im sorry its happening! :hug: I wish it could be a real hug!

 

[KeepingTime]

Yeah, there is a possibility this could go to trial.

Yes it's a real possibility now. Found out today that he is being allowed to represent himself. There is a hearing in July for the reversal of the plea. Apparently what the judge asked and questioned him isn't relevant. It's all in what his attny disclosed to him about the plea. Which I don't understand because there wasn't
a "deal" my understanding was that he plead straight up. So his old attny will be questioned at this hearing.
Oh we were soooo close and now we are back to docket days. He has other charges that were secondary to these main charges so now they are all being lumped together. Which doesn't matter to me except that the prosecutor I have isn't the same one as the others so I don't know what that means.
I told the DA that if it does go back to trial I want the other charges that were dropped back in AND I want him to add kidnapping charge. Idk why that was left out initially. To me that said it wasn't important but it is to me. That's like saying everything that happened in MY own car didn't matter! When I had mentioned this before he said it did matter but that it was a lesser charge than the armed robbery which would carry a life sentence. I REALLY don't understand how that it possible! You mean to tell me that robbing someone at gunpoint is legally worse than robbing them AND kidnapping them????? So he said he would be glad to add to in and that he's not stopping until this guy gets life! I'm glad to hear that but I seem to be the one getting drug through the mud in the process :sour: I know I have to be patient. And I am really trying. I saw T today and that helped some. And you have been a tremendous help. :)

You are so brave to be reading the victim impact statement in court yourself

It was all happening so fast. I actually lost the feeling in my feet when I thought I was about to be called! I shortened it to just a few sentences. Going in my theory that my presence is probably more important than my words at this point. My husband said "don't mumble!" And I laughed cause that was the least of my worries. I said I just hope I can find some oxygen!

As for the Casey Anthony case...that was horrible! Broke my heart. You actually went?

:hug: I wish it could be a real hug!

Me too!!!! :hug: Back at ya!