I hope the judge can do it. He considered a harsher sentence than the 40 years recommended the first time around but then for some reason went along with the 40.
I really hope he will not be swayed by his own thought process. By that, I mean that even though the first trial and penalty phase are of no concern whatsoever in this do-over, the judge is human and might just decide that it would be too controversial to treat this killer more harshly than he did a few years ago for the same crime.
Problem is, without a life sentence she could be out in less than 20. She will have to be given credit for time served--I don't think there is any way around that. So that could mean a parole hearing in less than 15 years. I don't think it would be granted but who knows anymore what weird twists the legal system will take. As a female Hubers is more likely to be given extra consideration (not fair, but it happens). She's young, pretty and white (none of which should matter but we all know it does).
If the court continues to follow its own directive, Hubers' sentence do-over should not be tainted by the first sentence handed down. It is all about this trial, this jury and this recommendation, and none of what occurred in past should matter. But of course, there's no guarantee that it won't.
With a life sentence Hubers will get out one day, just not as soon. I hope this judge will consider the protection of society first and foremost. If he does what needs to be done to protect society from this monster, the punishment will be taken care of as a matter of course.
