[Vision2020] The Parks Case

[Sue Hovey]

Of course all you write is true.  One would think a defense attorney would make those arguments, and the cost of a trial, is I suppose, a mitigating factor; but from all that was known about his history of abuse, and regardless of the ruling from Judge Brudie, citizens of Latah County should wonder why any prosecutor, police officer, or other member of the court, would be "satisfied" that a man who killed his wife may go to prison for that act for 15 years, and get an additional 25 years for setting fire to the building in which they lived.   If a prison sentence and the seriousness of the act have any relationship, is it not at least ironic the taking of her life when she was pregnant with his child, appears to be less a reason to punish Parks, than his act of arson to their apartment?  

One can talk about mitigating circumstances all they want, but the result of this case would tend to support a legal contention that wives and children are merely chattel.  

Sue Hovey


From: Ron Force 
Sent: Tuesday, March 30, 2010 2:09 PM
To: vision2020 at moscow.com 
Subject: Re: [Vision2020] (Vision 2020) Say What?????


With all due consideration to the justifiable outrage, we really don't know the circumstances of the crime, as the perpetrator was the only witness. A defense attorney could argue that her death was the result of a domestic argument, her killing was in a moment of rage (second degree),  and his subsequent actions were done in a panic.  The minimum penalty for second degree homicide is less than the maximum for voluntary manslaughter:

>From the Idaho Code on Criminal Penalties:

  1.  Voluntary--by a fine of not more than fifteen thousand dollars($15,000), or by a sentence to the custody of the state board of correctionnot exceeding fifteen (15) years, or by both such fine and imprisonment.If a jury, or
the court if a jury is waived, does not find a statutory aggravating
circumstance beyond a reasonable doubt or if the death penalty is not sought,
the court shall impose a life sentence with a minimum period of confinement of
not less than ten (10) years during which period of confinement the offender
shall not be eligible for parole or discharge or credit or reduction of
sentence for good conduct, except for meritorious service. Every person guilty
of murder of the second degree is punishable by imprisonment not less than ten
(10) years and the imprisonment may extend to life.

By adding the maximum sentences for the lesser crimes, he may serve more time than if convicted of first degree murder.

The prosecutor has to balance the likely outcome of a trial with the cost to the county's budget.  If he can get a plea that imposes an equivalent punishment without the cost of a trial, he may think it a desirable outcome.
Murder trials are expensive, and the Idaho public, while desirous of harsh justice, does not seem to wish to tax themselves in a manner to achieve it.

Ron Force
Moscow, ID USA



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