February 9, 2012

Outbursts from both grandmothers disrupt Bustamante sentencing

Closing arguments were heard today in the sentencing hearing of Alyssa Bustamante, the now 18-year-old who strangled, stabbed and slit the throat of 9-year-old Elizabeth Olten before burying her in a shallow grave.

The prosecution urged Judge Pat Joyce to give Bustamante the maximum sentence for second-degree murder — life with the possibility of parole — and another 71 years for armed criminal action so every time she’s up for parole she can explain, “Because I robbed 71 years from Elizabeth Olten on Oct. 21, 2009.”

Bustamante’s defense painted the picture of a “severely disturbed child” who suffers from bipolar disorder, borderline personality disorder, post traumatic stress disorder and severe depression. The defense also pointed to a system they say failed her by not hospitalizing her before she hurt herself or someone else, calling attention to her long history of “cutting,” a fluctuating dosage of Prozac and a revolving door of therapists.

After two full days of testimony from family members, clinicians and psychiatrists, emotions ran high in the courtroom following the closing arguments. When prosecutor Mark Richardson said an excerpt from Bustamante’s journal, written days before the murder, stated ‘”I’m gonna murder someone” because of a phone issue,’ Bustamante’s grandmother, Karen Brooke, had heard enough. She sobbed, stood up and stormed from the courtroom. After Richardson finished his statements, Olten’s grandmother — Sandra Corn — said “I think Alyssa should get out of jail the day Elizabeth gets out of the grave!”

Bustamante, who has shown no emotion in the courtroom since being arrested in 2009, started crying before she was escorted back to her cell.

Judge Joyce will hand down a sentence at 8 a.m. on Wednesday.

Bill offers chance for offenders to keep records from potential employers

Legislation has advanced out of the House Committee on Urban Issues that seeks to give some non-violent offenders some help in getting a job, to keep them from repeat offending. 

Representative Jamilah Nasheed (D-St. Louis)

Representative Jamilah Nasheed (D-St. Louis) says she has sponsored the bill for five years and this is the first time it has advanced out of a committee. She says her goal is, “To be able to not allow for employers to look at non-violent offenses as an obstacle to employment opportunities. I would also like to allow for law enforcement to continue to have access to those records.”

Under the proposal, non-violent offenders who have not committed additional crimes for five years after release can ask a judge to keep their criminal records from being accessible to potential employers.  The judge  can determine whether certain criteria have been met and then decide whether or not to grant the request.

Nasheed says right now, such individuals return to crime when they are turned away for employment because of their history. “They go out and they wreak havoc in our communities. They start selling drugs on our street corners. They start breaking into the homes and cars trying just to survive.”

She says without some way to break that cycle, the state will have to deal with such individuals at one point or another. “Either we’re going to deal with it on the front end or we’re going to deal with it on the back end. We’re going to house them in prison or we’re going to allow for them to have job opportunities after coming home from prison.

See the details of HB 1344

Nasheed is not discouraged that the bill has taken so long to advance. She notes, Illinois took seven years to pass similar language, which it is just now implementing.

The bill moves on to the House Rules Committee, and from there could advance to the House Calendar.

Court says Congressional district map will stand as is

The Cole County Circuit Court in Jefferson City has sided with the defendants in a case that challenges the newly drawn Congressional districts.

Judge Dan Green in his ruling states, “The court declines the plaintiff’s request to engage in a never-ending game of one-upsmanship in a constant search for the ultimate map.” The ruling also says the defendants’ reading of the phrase “as compact as may be” follows the Supreme Court’s instructin that ‘compactness’ is ‘mandatory,’ while allowing for the fact that perfection is unattainable.”

The plaintiff’s attorneys can appeal to the State Supreme Court — no word yet on whether they intend to do so.

Secretary of State Robin Carnahan says its important to get a final decision on the process since the filing deadline is Feb. 28.

If the court or the legislature decides to push back the deadline, we’ll push that back, but if they don’t, filing will begin on the 28th of February.

Carnahan calls the legal melee surrounding the maps — Congressional, State Senate and State House — “a mess” and says it’s unfortunate it’s come to this.

House district map challenge won’t get a hearing

A lawsuit challenging Missouri’s newly drawn House districts is being challenged in Cole County Circuit Court today, but a hearing was curtailed last minute as Judge Pat Joyce told litigants she’d make a decision based on briefs filed in the case.

The suit is being filed on behalf of six republicans and six democrats throughout the state, former lawmaker Joan Bray of St. Louis among them.

Attorney Harvey Tettlebaum filed to intervene today on behalf of three current lawmakers, all republicans.

Tettlebaum says he represents Representatives Jay Barnes of Jefferson City, Stanley Cox of Sedalia, and Don Gosen of Chesterfield.

Judge Joyce says she’ll decide on the case by Feb. 14.

Meanwhile, in a separate case challenging the constitutionality of Missouri’s Congressional district boundaries is in the court’s hands.

Cole County Circuit Judge Dan Green has been ordered by the State Supreme Court to rule on that case by the end of today … we’re still waiting for that decision to to be handed down.

Judge to rule on Congressional map dispute today

A series of arguments in two courts has ended in the disputes over Missouri’s Congressional districts. A decision will be handed down today.

Attorneys Greiman (left) and Layton listen while Greim presents closing arguements to Judge Dan Green in Cole County Circuit Court, Jefferson City.

Cole County Circuit Court heard final arguments for and against the newly drawn Congressional district boundaries. Both sides agree it comes down to semantics. The constitution requires the discricts be drawn “as compact as may be.” What “may be” requires is up to the interpretation of the courts.

Attorney Gerry Greiman says the current map is a clear case of gerrymandering. Defendant Eddie Greim says the constitution requires districts to be as compact as may be, not as compact as can be. And he says political interests are not disallowed. He points to the process by which legislators are elected by constituents to make these decisions for them, not the courts.

Circuit Court Judge Dan Green has been ordered by the State Supreme Court to hand down a ruling by today. He could say the current map is constitutionally legal, or order it back to the legislature for a second rendition.

Either way, the opposing litigants can appeal to the Supreme Court.