What not to say to the Judge when your son has been convicted of sexual assault…

A few years ago, while representing a criminal client, we solicited her friends and family to write letters to the judge in advance of sentencing. One of those letters was submitted to us on a bar napkin. Not appropriate. Also not appropriate were statements made by Dan A. Turner, father of Brock Turner, the Stanford University swimmer who pled guilty the other day to sexually assaulting a 23 year-old student while she was intoxicated. The case generated all kinds of publicity because of the incredibly lenient sentence the judge handed down. But of added interest to us is what dear old Dad wrote on behalf of his son. For information about that, click here. Dad’s letter had the effect of minimizing his son’s responsibility for his actions; Dad came off as blaming the victim and a culture of drunkenness as the causes of the assault. In light of this we decided to share some of the things that we tell our own clients about what goes into (and stays out of) reference and character letters to the judge submitted in advance of sentencing. Here are some pointers:

• Do not minimize the facts of the case or the actions of the offender. As an offender or friend or family member of an offender, your role at court is to see that the offender accepts responsibility for himself/herself, and your letter should reflect your willingness to support, and hold accountable, the offender in the future.
• Do not rehash the facts of the case in your letter. That’s what Dan Turner did and it got him in a lot of trouble when he tried to put his own spin on the facts. Instead, focus on the positive attributes of the offender, particularly vis-à-vis other people. Talk about other instances where the offender has exhibited selfless behavior and gone out of his way to help others.
• Don’t make excuses for the offender. In Dan Turner’s case, he placed blame for his son’s horrific actions on a culture of drunkenness on campus. That’s making excuses for the offender, and will not be helpful. It also casts you as an enabler. If the judge sees the offender as surrounded by enablers, he/she will think it less likely that the offender can be rehabilitate, and that will be reflected in a harsher sentence.

At the Criminal Defense Law Firm of Michael P Denea, PLC, we place considerable care into preparation for our clients sentencing, and it shows in the results. If you or a loved one has a pending case and is facing sentencing soon, call us for assistance.