Lecture Notes: Court Sentencing Remarks

Overview of the Crime

• Involves great violence and the use of a firearm.
• Victims were vulnerable and had no time to react or defend themselves.
• The crime was planned, but not necessarily sophisticated or professional.
• Key points of planning include:
  • Loading a gun and arming oneself.
  • Traveling to an apartment complex (10-15 minutes).
  • Observations of the defendant's demeanor on video going up and down the elevator.

Abuse of Trust

• The defendant took advantage of a position of trust (e.g., having a key).

Mitigating Factors

• No mitigating factors found that would reduce sentencing.
• Acknowledged the defendant's:
  • Lack of prior criminal record.
  • Substance abuse issues at the time of the crime.
  • Some mental health issues.
• Rejection of Childhood Influence:
  • Childhood was not deemed a contributing factor to the crimes.
  • Comparison to other, more severe childhood experiences.

Intimate Partner Violence

• The case involved intimate partner violence, with the defendant being the perpetrator.
• The defendant's denial of the events when confronted.

Sentencing Considerations

• Decision on whether life sentences should be consecutive or concurrent.
• Consequential impact on the defendant's freedom (death in prison vs. potential release).

Character Assessment

• The defendant displayed manipulative behavior, described as a "talented actor."
• Reference to Scarface videos suggests a cold-blooded persona without remorse.
• Observations on emotional responses:
  • Tears were perceived as self-pity, not remorse for the victims.
  • Doubts about the defendant's genuine sorrow for the killings.
• Character described as selfish and chilling—lack of disturbance over killing innocent people.

Final Sentencing

• The defendant will die in prison, receiving the following sentences:
  • Count one: Life without the possibility of parole under Penal Code §1190.2.
  • Consecutive 25 years to life for the gun enhancement under Penal Code §1202.53(d).
  • Count two: Life without the possibility of parole under Penal Code §190.2(a)(3).
  • Consecutive gun enhancement of 25 to life under Penal Code §1202.53(d).
• Total Sentence: 50 years to life, plus life without the possibility of parole.