victims have no legal authority in sentencing, as far as I can tell. They have a right to be heard. What is interesting in this case is that Victims MM1 and MM2 may well have a far different statement to make regarding sentencing, if it comes to that, than say, AM. The contrast may result in an uncomfortable climate in the courtroom.
BM's alleged actions have resulted in so much personal, collateral damage: SM's family and friends are not incarcerated and remain available to provide the daughters with shelter, guidance, and support, if necessary. Personally, I very much fear that the daughters are so enveloped in BM's clutches that they will fail to consider their own futures and what's required of them to preserve their own legal rights resulting from their mother's death and demise.
At BM's arrest, without the request of the daughters, the State filed a protection order against BM to govern his conduct with his children. However, the order certainly does not mandate that BM assist them financially or protect their futures. IMO, if he's capable of disappearing their mother, he's capable of anything.
Under the IN Permanent Guardianship, BM was required to preserve SM's share of any joint assets until her
legal death recognized where estate/probate rules would govern. (Reportedly, after Gene M declined, it was MM1 that provided the court written consent for BM to serve as guardian for SM). Although I've not followed the Guardianship to Colorado, after BM's arrest, IN court would have replaced BM as SM's guardian with a public guardian or alternate named in the initial petition.
Up until the preliminary hearing where the court determines whether or not BM will be bound over for trial, I can understand BM's children standing by his side. However, like it or not, time is of the essence* here and somebody should be guiding the daughters to the reality that sufficient evidence exists for BM to be tried for the murder of their mother, and that SM is not going to one day return from Ecuador. And I don't believe they can depend on their paternal grandmother for this very important guidance and/or instruction. MOO
*Wrongful death action: Generally, regardless of the legal theory upon which a wrongful death claim is brought, the statute of limitations for commencing a wrongful death action is two years* from the date of death. As defined in C.R.S. § 15-11-803(1)(b), a felonious killing includes first degree murder, second degree murder, or manslaughter. A criminal conviction of the defendant is not necessary to establish a felonious killing. Under C.R.S. § 15-11-803(7), notwithstanding the disposition of a criminal proceeding, an interested person may petition the court to determine whether the elements of a felonious killing have been established.
Wrongful Death Frequently Asked Questions (FAQ)