heartgoesout
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Go get em Kim.
This was posted today on Find Charli Scott by Kimberlyn Scott. The deadline for letters is April 16. I hope everyone who followed this tragic case will write something to keep this sick, sick monster in jail for as long as possible:
"So it appears that the Hawaii Paroling Authority Hearing to set a minimum term for the monster who murdered Charli and Joshua is on April 23rd for sure.
I am told that the public can write in to the HPA as well.
All letters must be delivered by April 16th via email to the HPA. I am giving you the email I trust will see them delivered-
Tommy.Johnson@Hawaii.gov
In the subject heading write- "Letter to HPA for Steven Capobianco hearing on April 23rd, 2018"
I am told that the opinions in these letters will be considered by the members of the HPA when they consider the minimum term "it" will serve before "it" can apply for parole. Which, since Hawaii has no truth in sentencing is kind of a moot point, but here we are, following the law and being proper citizens while our state keeps ignoring our rights and does not protect us.
I am told that since "it" had a high profile trial, it is unlikely he will be released anytime soon, if ever.
One can always hope yes?
My problem with that (and Yes, I do seem to have a Lot of problems with the criminal justice system, did you come late to the ongoing conversation?) is the fact that the law will only do its actual job if a lot of people are paying attention.
Nice that.
So, bottom line, if you wish to provide testimony that will aid in keeping a monster out of society, now would be a great time to put that in writing and send it off, otherwise, they might think we are not watching and then who knows????"
In Hawaii, Murder is punishable by life imprisonment (with or without the possibility of parole).
SC was sentenced to life with the possibility of parole.
The judge recommended a minimum sentence of 70 years for the murder charge and an additional 10 years to run concurrently for the arson charge, for a total of 80 years in prison before he would be eligible for parole. The final decision, however, will be determined by the Hawaii Paroling Authority.
So, the Paroling Authority could adhere by the judges recommendation or set their own terms if they see fit, but based on the law. Typically they follow the judge recommendation. This is where family, friends and supporters can voice their opinions. I don't know if they can extend the sentence or if that was the maximum the judge could do. Usually violent offenders are not given any slack... but.... I have seen it happen.
This is why it is so important for the committee to hear what this man did from her loved ones and hear the outrage. They probably don't know the true intricate details of the case and while they must follow what the law allows them to do...Charli's voice shall still be heard!
So why are they setting a minimum term with the hearing on April 23rd if the sentence was already determined? :gaah:
Because the judge does not determine the sentence, he can only recommend the sentence. (Based on the law.)
The Hawaii Paroling Authority actually calls the shots and makes the final decision on the sentence.
This is my understanding.
States vary on the entire judicial process. Off the top of my head I don't know if this is unique to Hawaii.
I learned the hard way that in Maryland after the sentence has been set the defendant can appeal for what's called a reconsideration hearing. This is unique to Maryland. My Uncle's murderer was sentenced to life without parole and at the reconsideration hearing the judge changed the sentence to life with the possibility of parole. We were floored! Hence why I said above I've seen leniency before. : (