This is obvious but… at a sentencing hearing, the prosecution recommends the punishment that should be doled out by the court. Often, there have been a series of negotiations with the defense as to the best course, so that all sides agree on the outcome. Sometimes, of course, the two sides can’t reach an agreement; then it’s entirely up to the court.
And then there’s the sentencing of Robert C. Hansen.
Judge Ralph E. Moody
TRANSCRIPT OF M.O. PRONOUNCING SENTENCE
Anchorage, Alaska
February 27, 1984
3:05 o’clock p.m.
MR. ROTHSCHILD: “As far as the actual sentencing, Your Honor, on the charges that were just filed today by information, three [of them] call for up to 99 year terms, those are Counts II, III and IV. We ask that the court find him to be not only a worst offender but the worst offender, that he be given 99 years without the possibility of parole and that they all be consecutive to one another.
“Regarding the charges filed against him last year, this is his fourth felony under our presumptive sentencing scheme. He also would obviously be subject to aggravators because in his rape he used a gun, repetitive assaultive conduct, three or more priors, history of the same kind of conduct.
“As to the sexual assault count, we ask that he be given the maximum of 30 years. As to the kidnapping count we ask that he be given the maximum of 99 years, to run consecutive as allowed by Alaska law, and to run consecutive to the murder counts.
“For the three counts of misconduct involving weapons, where he was a felon in possession, we ask that he be given the maximum for each of three years, that they be consecutive to one another and consecutive to all other sentences. We ask as to both theft — the 2 different theft indictments — that he be given five years, the maximum on each, that the be consecutive to each other and consecutive to all other charges.
“That, Your Honor, totals 461 years by my reckoning.
“We have one count left and that’s Count I of the information. We ask on that, the court having the power to sentence him from 20 years to life, that he be given life without eligibility for parole and that be made consecutive to the others.
“For those people that he has slain, for those lucky enough to have survived, for all of us, Your Honor, we ask that you rid us of this beastly man forever.”
THE COURT: Counsel want a recess?
MR. DEWEY: No, Your Honor.
THE COURT: You may proceed.
MR. DEWEY: Your Honor, it’s my client’s wish and desire that nothing further be said on his behalf at this proceeding by his counsel. And that concludes my remarks. (1)
(1) I have posted Mr. Dewey’s remarks before; each time I read them I’m struck by their sense of helplessness. Here is an attorney, engaged to represent his client at the most crucial point in his life, and he’s rendered mute. And then I think… Maybe Dewey is grateful that he didn’t have to rise to Robert Hansen’s defense. So maybe there’s relief, too.
Purchase Butcher, Baker