Found Deceased WA - Jenise Wright, 6, Bremerton, 2 Aug 2014 - #11 *Arrest*

[MsMarple]

July 15, 2016:

Attorneys for Gabriel Gaeta, accused of raping and murdering a young neighbor girl in 2014, will appear before Court Judge Jennifer Forbes next Monday to argue that their defendant should receive a sentence of 25 years to life rather than life imprisonment because he was under 18 when the crime was committed.
...
Defense attorneys Roger Hunko and Jeniece LaCrosse plan to argue that previous case law has clearly interpreted the state legislature’s statute regarding a juvenile between 16 and 17 charged with first-degree aggravated murder can only be sentenced to a minimum term of 25 years to life. A longer minimum sentence, including up to life without parole, also could be ruled in such a case.

Gaeta’s attorneys previously indicated that if they were unsuccessful in Superior Court, they may appeal her decision to the Court of Appeals and the State Supreme Court.
...
Gaeta’s trial has been delayed until October and could possibly be pushed to a later date if the sentencing issue isn’t resolved.

http://www.bremertonpatriot.com/news/386695851.html

The court hearing is scheduled for 9 a.m. on July 18 in Kitsap County Superior Court. I have to go to Silverdale on Monday for an appointment. If my husband wasn't coming with me I'd go early and catch the hearing.

:waiting: :bath: :desert: :sweep: :kickcan:

 

[SmartSassyBBW]

I'm sorry. I must have missed something. Did he plead guilty?


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[skibaboo]

I'm sorry. I must have missed something. Did he plead guilty?


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Not that I'm aware of? I think it's more ***** stalling tactics. Infuriating!

 

[MsMarple]

Gaeta hasn't pleaded guilty. The sentencing issue his attorneys are going to court for has to do with a juvenile being given life without the possibility of parole. They plan to argue that the Supreme Court ruling should be interpreted as a minimum of 25 years to life but not life without parole. So if Gaeta is found guilty then at the worst he should receive life with the possibility of parole.

I'm not sure how they will deal with the aggravating factors in this case though. IIRC Washington state considers rape and kidnapping to be aggravating factors in murder cases, juvenile or not. Plus, Gaeta was less than 5 months shy of his 18th birthday; a lot of cases being reviewed have to do with kids much younger being sentenced to LWOP.

The Supreme Court ruled that juveniles can't automatically be sentenced (mandatory sentence) to LWOP - IOW, each case must be carefully reviewed, taking the juvenile's age into consideration.

Here's a good article:

www.washingtonpost.com/politics/cou...e3dfc2-c378-11e5-8965-0607e0e265ce_story.html

 

[borndem]

Gaeta hasn't pleaded guilty. The sentencing issue his attorneys are going to court for has to do with a juvenile being given life without the possibility of parole. They plan to argue that the Supreme Court ruling should be interpreted as a minimum of 25 years to life but not life without parole. So if Gaeta is found guilty then at the worst he should receive life with the possibility of parole.

I'm not sure how they will deal with the aggravating factors in this case though. IIRC Washington state considers rape and kidnapping to be aggravating factors in murder cases, juvenile or not. Plus, Gaeta was less than 5 months shy of his 18th birthday; a lot of cases being reviewed have to do with kids much younger being sentenced to LWOP.

The Supreme Court ruled that juveniles can't automatically be sentenced (mandatory sentence) to LWOP - IOW, each case must be carefully reviewed, taking the juvenile's age into consideration.

Here's a good article:

www.washingtonpost.com/politics/courts_law/supreme-court-juveniles-sentenced-to-life-have-option-for-new-reviews/2016/01/25/06e3dfc2-c378-11e5-8965-0607e0e265ce_story.html

Thanks, MsMarple -- That article is good.

And here's a case en pointe: Some of you will remember the murder of Eve Carson and trial of one of her killers, Laurence Lovette. Lovette was 17 y/o when he and a buddy kidnapped and murdered Carson on March 5, 2008, in Chapel Hill, NC. Lovette turned 18 in November of 2008. He was initially given LWOP, then his case was reviewed WRT aggravating/mitigating -- you can see in his prison record that his initial LWOP was vacated. After review, he was re-sentenced to LWOP.

Here is a profile of the NC conviction record:

http://webapps6.doc.state.nc.us/opi...turl=pagelistoffendersearchresults&listpage=1

http://www.websleuths.com/forums/sh...dent-shot-to-death-Chapel-Hill-5-March-2008-2

 

[MsMarple]

A Kitsap County Superior Court judge delayed a sentencing decision Monday on whether murder/rape suspect Gabriel Gaeta could have the minimum sentencing range increased following a conviction.

After listening to oral arguments from both sides, Judge Jennifer A. Forbes said she would consider additional precedents in case law before making her ruling. No additional court dates are scheduled prior to the start of the trial, which is to start in October at the earliest. The earliest she could make a decision would be after Sept. 19.

Gaeta, who appeared in court Monday morning with a freshly shaven head, sat and stared silently during the 45-minute hearing, and never spoke.

http://www.portorchardindependent.com/news/387813531.html

Basically the defense attorney argued that in the case of a conviction only a jury could increase the minimum (25 years to life) sentence to LWOP. The prosecutor argued that judge Forbes has authority to impose a sentence of LWOP. I'm not a lawyer so I'm probably not appreciating this battle as much as I should. As a lay person it just tells me that GG's lawyers think he's going to be convicted and his sentence will be LWOP.

I believe GG is a danger to society and deserves LWOP for murdering Jenise. He should never have the opportunity to leave his cell. The community will be a safer place without him.

 

[ChuckMaureen]

Sometimes, the wheels of justice turn too darned slowly....

 

[skibaboo]

A Kitsap County Superior Court judge delayed a sentencing decision Monday on whether murder/rape suspect Gabriel Gaeta could have the minimum sentencing range increased following a conviction.

After listening to oral arguments from both sides, Judge Jennifer A. Forbes said she would consider additional precedents in case law before making her ruling. No additional court dates are scheduled prior to the start of the trial, which is to start in October at the earliest. The earliest she could make a decision would be after Sept. 19.

Gaeta, who appeared in court Monday morning with a freshly shaven head, sat and stared silently during the 45-minute hearing, and never spoke.

http://www.portorchardindependent.com/news/387813531.html

Basically the defense attorney argued that in the case of a conviction only a jury could increase the minimum (25 years to life) sentence to LWOP. The prosecutor argued that judge Forbes has authority to impose a sentence of LWOP. I'm not a lawyer so I'm probably not appreciating this battle as much as I should. As a lay person it just tells me that GG's lawyers think he's going to be convicted and his sentence will be LWOP.

I believe GG is a danger to society and deserves LWOP for murdering Jenise. He should never have the opportunity to leave his cell. The community will be a safer place without him.

Oh for the love of Mike, if I see the word 'delay' one more time :stormingmad:

 

[0101ABA]

The ruling (finally) I am very interested to see if Gaeta & his lawyers appeal the ruling...

If convicted of murdering 6-year old Jenise Wright, a former Olympic High School student who was 17 at the time of her death could face life in prison without parole, a Kitsap Superior Court judge has ruled.

In the lead up to his Oct. 10 trial, Gabriel Zebediah Gaeta's lawyers argued to Judge Jennifer Forbes that recent court decisions about sentencing juveniles meant, if convicted of aggravated first-degree murder, he should be eligible for early release after 25 years in prison. Forbes disagreed.

(...)

"We are pleased with the ruling and the reasoning the court used," Chief Deputy Prosecutor Chad Enright said.

Gaeta's lawyers can ask the Division II Court of Appeals to review Forbes' ruling, but the appeals court is not obligated to take the case. On Monday, one of Gaeta's lawyers, Roger Hunko, said he disagreed with Forbes' Friday ruling but said he would need to speak to Gaeta and co-counsel Jeniece LaCross before saying whether Gaeta would appeal.

http://www.kitsapsun.com/news/local...cb-8cdc-6154-e053-0100007f050f-388896231.html

 

[skibaboo]

The ruling (finally) I am very interested to see if Gaeta & his lawyers appeal the ruling...


http://www.kitsapsun.com/news/local...cb-8cdc-6154-e053-0100007f050f-388896231.html

Good! I'll eat hay with a donkey if they don't appeal.....

 

[2Hope4]

At 17yrs old, you know murder is wrong! And to murder someone so close to you?? Nah, he NEVER needs to see outside those prison walls. JMO!

 

[borndem]

Of course he knew murder is wrong -- why else would he try his best to hide the evidence, including her precious little body. What a bunch of carp. Lock him up for a lifetime plus more -- yes, yes, yes.

 

[JusticeWillBeServed]

Trial has been delayed until March to allow for a response from the state Court of Appeals.

http://www.kitsapsun.com/news/local/two-high-profile-murder-trials-pushed-back-3b4f0403-8ceb-18a0-e053-0100007f591b-392220591.html

Attorneys on the case indicated Friday both sides may be interested in resolving the case short of trial after hearing the results of an appeal. His trial date was pushed back from Oct. 10 to March 6.

In Gaeta's case, his lawyers are asking the state Division II Court of Appeals to review a state law, and Judge Jennifer Forbes' decision to uphold the law, that allows juveniles convicted of aggravated first-degree murder to be sentenced to life in prison without parole.

Attorneys on both sides said Friday it was a technical legal question that, when resolved, could clarify the minimum sentences Gaeta could face and allow negotiations to proceed.

Deputy Prosecutor Kelly Montgomery told Judge Jennifer Forbes that Jenise's family did not object to a delay if it could result in Gaeta pleading guilty.

"They don't want to see a trial if it can be avoided," Montgomery told Forbes.

Forbes said since the delay could result in a "good faith" effort to resolve the case, she agreed to postpone the trial.

 

[Knox]

Should this thread be moved to the trial threads (waiting for trial)?

 

[borndem]

Maybe a plea deal -- but nuttin' less than LWOP. Period.

 

[2Hope4]

August 2nd, 2014......here we are two years later...still...the criminal hasn't gone to trial, and is still breathing and living!

This is another aspect of the 'criminal justice' that upsets me. The victim sure didn't get YEARS to get to live! The victim got no say in whether they lived or died! And yet the darn perp ALWAYS gets delays, extensions, appeals, etc, both before and after a trial! A trial the VICTIM never got!

Criminal justice....yeah the word fits...the criminal gets a trial for a jury to determine their fate. The victim sure didn't. Where's the VICTIM'S JUSTICE SYSTEM????

 

[bessie]

Should this thread be moved to the trial threads (waiting for trial)?

Hi, Knox. When a definite trial date is set, we'll move the thread. Thanks for th suggestion, but we've found that case threads receive less attention in the"Awaiting Trial" forum. And trust me, I remember this crime well, and the controversy about the perp's age and whether he should be tried as an adult.

 

[ScarlettScarpetta]

August 2nd, 2014......here we are two years later...still...the criminal hasn't gone to trial, and is still breathing and living!

This is another aspect of the 'criminal justice' that upsets me. The victim sure didn't get YEARS to get to live! The victim got no say in whether they lived or died! And yet the darn perp ALWAYS gets delays, extensions, appeals, etc, both before and after a trial! A trial the VICTIM never got!

Criminal justice....yeah the word fits...the criminal gets a trial for a jury to determine their fate. The victim sure didn't. Where's the VICTIM'S JUSTICE SYSTEM????

Im glad it takes a while. It gives them time to gather evidence and make sure that they get it right. The offender is in jail, yes? So he is already doing time.
He's been caught and will be convicted. Hang in there.


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[mpnola]

Hi, Knox. When a definite trial date is set, we'll move the thread. Thanks for th suggestion, but we've found that case threads receive less attention in the"Awaiting Trial" forum. And trust me, I remember this crime well, and the controversy about the perp's age and whether he should be tried as an adult.

Whoa! Hey, Bessie! Glad to see you! And I agree- I actually hate when threads are moved. I never find them again.

 

[MsMarple]

The trial date for Gaeta was originally set for Oct. 10. On Friday, Judge Jennifer Forbes agreed to push the trial back to March 6. Gaeta’s lawyers plan to ask the District II Court of Appeals to issue a ruling on a state law, plus Judge Jennifer Forbes’ decision to uphold a law that allows for underage suspects to seek a sentence of no less than life imprisonment without possibility of parole.

Gaeta’s attorneys acknowledged that Forbes was not bound by the Court of Appeals’ decision. Gaeta’s attorneys had originally asked for a potentially lighter sentence of 25 years to life, which means that Gaeta could seek release after just 25 years.

Gaeta’s original court-appointed attorney, Ron Ness, died in August of natural causes, and second attorney Adrian Pimentel moved to the lead chair at the defense table.

http://www.bremertonpatriot.com/news/392799031.html

New trial date March 6, 2017.