DEFENSE INITIA DEFENSE INITIATED TED VICTIM VICTIM OUTRE - - PowerPoint PPT Presentation

DEFENSE INITIA DEFENSE INITIATED TED VICTIM VICTIM OUTRE OUTREACH

Kate Siska Mitigation Specialist CLS Mitigation & Consulting Services April 2017

Tread ligh ad lightly tly, , but t reach o ach out t dir directly ctly. Be br Be brave. e. Include clude e everyone ne.

Maybe we can pretend they don’t exist

So Some a me att ttorney eys s are e afr fraid d of f vic icti tims’ ms’ fa famil milies

“I “It’ t’s im impor

• rtant t

tant to kn know

• w an

and d unde derstand u tand ultim ltimat ately ly what th at the victims w victims wan ant t to

• see ha

ee happen, to to fi find nd out

• ut how

how t they hey can n be ma be made e who whole, e, an and d what th at they y wan ant t t to hap appen t n to th the de defendant ndant.”

The d he defen efense e tea eam m can s n som

• met

etimes hel help th the victim victim’s f fam amily ge ily get t what th hat they y wan ant. t. We simp imply do ly don’t kn ’t know

• w u

unle less s we as ask an k and d lis listen. . Th The victim victim’s f s fam amily ily may ay sup uppor

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t a mor more l e leni enien ent sen enten ence e

Dear _______________, My name is Cyndy Short. I am the attorney appointed by the US District Court, Western Division in Kansas City, Missouri to prepare a sentencing memorandum and re-sentencing hearing for Bryan Sheppard, one of the five defendants convicted in the death of your loved one in 1988. I am deeply sorry for your loss. I imagine that renewed discussion of the horrific events surrounding that loss reopens grievous wounds, and I regret that. Out of respect for you and your family, I wanted to make sure you knew that there will be a re-sentencing hearing before Judge Gaitan, likely early next year, in the Federal Court House at 409 E. 9th Street. The exact date is not yet set. Because I did not want to disturb you unduly, I waited to reach out until I knew for certain that this hearing would take place. I also wanted to be sure to explain the reasons why this hearing will take place. Over the last decade, the United States Supreme Court has issued a series of decisions that affect criminal sentences for serious crimes committed by people who were juveniles at the time of their offenses. First, the Court ruled that juveniles could no longer be sentenced to death. Next, the Court ruled that juveniles in non-homicide cases could not be sentenced to life in prison without the possibility of parole, and that those life-without-parole sentences could be given to juveniles only for murder. Next, the Court decided that juveniles could not be given life without parole sentences that were mandatory; a judge must now consider a number of factors before sentencing, including juveniles’ lessened culpability due to lack of maturity, increased vulnerability to negative influences, and naturally reckless and impulsive risk-taking. Juveniles’ deficiencies are usually transient; they have greater capacity to change. Those decisions all reflected a growing consensus that young people are different than adults in significant ways, including comprehension, maturity, and judgment, and must be treated differently under the law. The Court next ruled that this requirement that life-without-parole sentences not be mandatory for juvenile defendants means that those already serving life without parole are entitled to resentencing for their crimes. Bryan Sheppard turned 17 years old on March 5, 1988. Therefore, he is eligible under the U.S. Supreme Court rulings mentioned above to return to court for a sentencing proceeding. This hearing must cover his background, the circumstances of the offense, his level of culpability, and his character. The judge will learn about where Bryan came from and what he has done with his life since his conviction. By gathering information about Bryan to present to the court, I am carrying out my job according to the law. But I also understand how difficult the prospect of a sentencing hearing may be for you; I wanted to express my sorrow for your loss and regret for any pain you may endure as this case is propelled back into the public eye. I don't presume to know what you need or whether I may be able to help in any way. This letter is an invitation for you to talk with me, to meet with me, to ask me questions. I am available to you in any way you might choose. I am sending this same letter to others in your family, though it not possible for me to know of everyone it should be shared with. I also don’t have an address for your dad, Charles. Please pass this on to anyone who you believe will be affected by the upcoming legal proceedings. Sincerely, and most respectfully, Cyndy Short https://www.csustan.edu/sites/default/files/CJ/JJustice/CaseFiles/ROPER-v-Simmons.pdf (Roper v. Simmons) https://www.supremecourt.gov/opinions/09pdf/08-7412.pdf (Graham v. Florida) https://www.supremecourt.gov/opinions/11pdf/10-9646g2i8.pdf (Miller v. Alabama) https://www.supremecourt.gov/opinions/15pdf/14-280_3204.pdf (Montgomery v. Louisiana)

I I am d m deeply ply sorry for y your lo

• loss. I

I ima imagine t that renewed ed d disc scussi ussion o

• f t

f the he horrifi fic ev event ents s sur surroun unding t tha hat loss ss reopens s grievous w us woun unds, s, and I regr gret th that.

By gathe thering ing inf nformatio tion a about ut B Bryan t to p present t t to t the court, t, I I am carryin ing g out

• ut my j

job accor cordin ding t g to t the law. But t I I al also under understand nd how di how diff fficul ult the the pros

• spect o
• f a

f a sen entenc ncing ng hea hearing ng m may be e for for you;

• u; I

I wa want nted t to e express m my sor

• rrow f

for your

• ur los
• ss and r

and regr egret for for any any pai ain n you

• u may

ay endur endure as thi this ca case is is propelled b back ck in into t the p public lic eye. I I don don't p pres esum ume to k know now what you need u need or

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whether I I may ay be e ab able to

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help i in n any any way

• way. Thi

his l let etter is an i an invi nvitation fo n for you

• u to talk wi

with m th me, e, t to m

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eet with h me, e, t to as

• ask me

e ques questions ns. I I am am av available t to y

• you
• u in

n any any way way y you

• u might c

ght cho hoose. I am s sendin ding g this is s same l lett tter to o

• othe

hers in n you

• ur f

famil ily, thoug though i h it t not not pos

• ssible for

for me to know o

• f ev

f everyone it t should b ld be shared d with

• ith. Please

e pas ass t this his on

• n to anyone
• ne w

who ho you belie ieve w will ill be affect cted b d by the upcomin ing le g lega gal l proce ceedin dings gs.

Dea ear Br r Bryan, Ther ere e are e so many things I wa want t to tel ell you that wri written en l let etter ers c can’t c convey ey. I asked ed m my h husband the e other er day i if f he e thought abo bout h his dad ev ever ery s single e day. He He said no not ev ever ery d

• day. T

That ther ere e are e things s somet etimes es t that rem emind h him o

• f

f his fa father

• er. So wi

with that I en encoura rage e you no not to think abo bout the e fi firem emen en ev ever ery day. We a e all h have e to let et go. That’s part of f life.

• fe. W

We a e all have e to move e on. No Not all the e fa families es feel feel the e same e wa way as you see ee on the e news

• ews. My

My husband has moved past the e hurt and anger

• er. I thought you should know.

Ther ere’ e’s much m more I e I’d l like e to say t that can’t be be wri written

• en. Ma

Maybe s be somed eday w we e can talk. I I hope pe you adjust w wel ell wh when en you get et o

• ut and make t

e the e most out of f ev ever ery d

• day. I

It br brea eaks m my hea eart t that you think abo bout t those e men en ev ever ery d day wh when en we e don’t.

Let etter er to

• Br

Bryan n fr from one F

• ne Fami

mily Memb Member

Tammy Krause Krause.Tammy@gmail.com 540-656-6842