Court mistake sets man free, but he’s been sent back for 90 years after around

[jim49er]

AURORA, Colo. — An Aurora man who turned his life around after a court error set him free is back behind bars for 90 years. It’s inside the Kit Carson Correctional Center in Burlington where he spoke to us about why he deserves a second chance.

Rene Lima-Marin was 19 years old when he robbed two video stores at gunpoint one day 15 years ago.

He served 10 years of what he thought was a 16-year sentence before a judge sent him back to prison in January.

“It’s that every day, happy, white-picket-fence type of life,” says Lima-Marin, about the world he created with a wife and two kids after leaving prison nearly six years ago.

It’s a life he never imagined could be his as a convicted felon.

“What makes this that much harder, is the fact I constantly have them right here,” as he points to his head.

That life vanished overnight January 7, when a judge in the 18th Judicial District sent him back to prison to finish a 98-year sentence.

“98 years for what? You know, for what?” he says with disbelief.

http://kdvr.com/2014/06/04/court-mistake-sets-man-free-but-hes-been-sent-back-for-90-years-after-turning-life-around/

[limequat]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.

[jim49er]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.

The gun wasn’t loaded and no one was hurt.

[kcchiefs6465]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.
Would you personally pay to house him 98 years?

I wouldn't. So perhaps I ought not be robbed, either?

Not that I live in that county or even state and am simply using this as an illustrative means to get my point across.

That is, many don't want to (or wouldn't want to if made aware of the situation) pay for his incarceration. What makes their robbery less immoral?

[eduardo89]

Excessive sentence, definitely a violation of the 8th Amendment.

[Christian Liberty]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.

Prison makes zero sense as a punishment anyhow. The appropriate punishment would have been some degree of restitution (two times, four times, whatever) the amount that this man attempted to steal. I don't know how to gauge prison time against that. But, ten years in prison seems like more than enough for what this man did.

I wouldn't volunteer to pay to lock him up. And I don't think its appropriate that he be locked back up. The man is clearly repentant for what he did, he doesn't seem likely to do it again, and he's already been released. He should be left alone. Saying that doesn't excuse what he did.

(I think I would have felt way differently about this even in 2012 than I do now.)

[aGameOfThrones]

how dare he try to rehabilitate himself outside of prison!

[FindLiberty]

At age 19 made biggest mistake in his life... 10 years served, 6 years "probation" with no trouble...
He needs new jury trial IMO.

(Judge needs a vacation.)

[Spikender]

Ninety Eight years for robbing two video stores?

There are convicted murderers and rapists who got far less time than that. And I ain't just talking about police officers here, I'm talking about us mundanes getting sentenced.

Ridiculous ass sentence that needs to be appealed.

[William Tell]

Prison makes zero sense as a punishment anyhow. The appropriate punishment would have been some degree of restitution (two times, four times, whatever) the amount that this man attempted to steal. I don't know how to gauge prison time against that. But, ten years in prison seems like more than enough for what this man did.

I wouldn't volunteer to pay to lock him up. And I don't think its appropriate that he be locked back up. The man is clearly repentant for what he did, he doesn't seem likely to do it again, and he's already been released. He should be left alone. Saying that doesn't excuse what he did.

Thanks for saving me some time, you posted exactly what I was planning to. +rep

[liberty2897]

http://www.change.org/petitions/rene-lima-marin


Release Rene Lima-Marin


Petition by
Jasmine Lima-Marin
Aurora, CO

REHABILITATE means to help re-adapt, as to a former state of health or good repute. The entire penal system was created to rehabilitate and restore individuals to be productive members of society. My name is Jasmine Lima- Marin and my husband Rene Michael Lima- Marin was incarcerated in 1998 at the age of 19 and served 10 years of his 16 year sentence for robbery. He was released in April 2008 and was placed on parole which he successfully completed in April 2013. However in January 2014 the Arapahoe county courts district 18 determined that a clerical error had been made in my husband’s case and he was returned to the department of corrections to serve out an additional 90 years. During his six years of freedom Rene strived to be a productive member of society based on the skills and teachings learned during his rehabilitation. Based on his accomplishments he took full advantage of this second chance; we had a child in April 2010, purchased a home in April 2011, married in July 2013, he coached his step-son’s soccer team, mentored other youth to stay out of trouble, he mastered a trade as an apprentice glazier and maintained full time employment as he was the breadwinner of this family. I certainly do not want to make light of the mistakes that Rene made as a teenager however I do call into question the impending life sentence Rene and our family is now facing. Does a man that was formally released from the penal system, met all the conditions of this release, and seemly turned his life around deserve this type of justice? Are we as a society really willing to accept that a clerical error is enough justification to rip apart a family? I am asking for signatures and support to have the Attorney General John Suthers , Arapahoe County Chief Judge William Blair Sylvester, and Colorado Appeals Chief Judge Alan Loeb to release Rene from this unjust sentencing. I ask for this so he may return home where he can continue to be a tax paying model employee, an engaged and loving father and a supportive husband.

Read his story here: http://www.foxnews.com/us/2014/05/09/colorado-man-returns-to-prison-after-being-released-0-years-early-due-to/

Listen to his story here: http://kdvr.com/2014/05/09/man-mistakenly-released-from-prison-changes-life-now-must-serve-90-more-years/

Media inquiries please contact Appeals Law Group http://www.AppealsLawGroup.com



To:
John W Suthers, Attorney General
William Blair Sylvester, District Court Chief Judge
Alan Loeb, Chief Judge
Release Rene Michael Lima-Marin
Sincerely,
[Your name]

Recent signatures

.....

Reached 12,500 signatures

by Jasmine Lima-Marin
Petition Organizer

http://d22r54gnmuhwmk.cloudfront.net/photos/9/br/iv/vQbrIVdNDMFnjRu-556x313-noPad.jpg

[Anti Federalist]

The sun no longer shows his face, and treason sows his secret seeds that no man can detect.

Fathers by their children are undone.

Might is right, and justice there is none.

—Walther von der Vogelweide

[HOLLYWOOD]

Excessive sentence, definitely a violation of the 8th Amendment.Multiple violations of the 8th Amendment.




U.S. Constitution (http://www.law.cornell.edu/constitution/overview) › Eighth Amendment


Eighth Amendment Most often mentioned in the context of the death penalty (http://www.law.cornell.edu/wex/death_penalty), the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail (http://www.law.cornell.edu/wex/bail). The “excessive fines” clause (http://www.law.cornell.edu/anncon/html/amdt8_user.html#amdt8_hd7) surfaces (among other places) in cases of civil and criminal forfeiture (http://www.law.cornell.edu/wex/forfeiture), for example when property is seized during a drug raid (http://www.law.cornell.edu/supremecourt/text/509/602).

Learn more ... Cornell Law Center (http://www.law.cornell.edu/anncon/html/amdt8toc_user.html)



Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

[PaulConventionWV]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.

Uh... you seriously think robbing someone at gunpoint is worthy of what pretty much equates to life in jail? He was 19 years old and he had turned his life around. Does that mean nothing to you? Can people not be forgiven of robbery? There are much worse crimes than theft.

[Cissy]

So who is the "Javert" who prides himself on capturing this "ValJean"?

[mad cow]

Signed the petition.

[angelatc]

It's hard for me to feel sorry for a dude that robbed someone at gunpoint.

Normally I'd be right there with you, but the guy served 6 years. He got out and built a decent life. Are the people in his neighborhood any safer now that he's off the streets again?

I'm not saying that sentencing guidelines need to be reduced across the board. But this guy caught a break. I don't see any harm in just giving him a "Get Out Of Jail Free" card.

But sadly our overlords command respect and obedience, and any indication of humanity from above would be considered a sign of weakness. So back in the box he goes, poor bastard.

[Christian Liberty]

Uh... you seriously think robbing someone at gunpoint is worthy of what pretty much equates to life in jail? He was 19 years old and he had turned his life around. Does that mean nothing to you? Can people not be forgiven of robbery? There are much worse crimes than theft.

I'm not sure his age matters. I'm 19 and I know not to steal from people. If I didn't know that by now, would I really figure it out by 39? Maybe, but not just because I got older.

That said, the biggest issue is the "at gunpoint" part. Trusting somebody after that is hard. Even then, I oppose sending him back to prison.

[Suzanimal]

Normally I'd be right there with you, but the guy served 6 years. He got out and built a decent life. Are the people in his neighborhood any safer now that he's off the streets again?

I'm not saying that sentencing guidelines need to be reduced across the board. But this guy caught a break. I don't see any harm in just giving him a "Get Out Of Jail Free" card.

But sadly our overlords command respect and obedience, and any indication of humanity from above would be considered a sign of weakness. So back in the box he goes, poor bastard.

He served 10 years of a 16 year sentence and yes, I agree, they should let this slide or put him on probation or something but 98 years is insane.


He served 10 years of what he thought was a 16-year sentence before a judge sent him back to prison in January.

[Anti Federalist]

Pipe down, all of you, before I give you some of the same! - Judge Friendly

[phill4paul]

The purpose of a prison sentence should be to remove violent people from society. He has proven that he is no longer violent. The purpose of prison should be to rehabilitate where possible the individual for reintroduction to society. On all accounts he has proven himself to be rehabilitated.

However, these are not the purpose for sending people to prison.

[PaulConventionWV]

I'm not sure his age matters. I'm 19 and I know not to steal from people. If I didn't know that by now, would I really figure it out by 39? Maybe, but not just because I got older.

That said, the biggest issue is the "at gunpoint" part. Trusting somebody after that is hard. Even then, I oppose sending him back to prison.

You grow and mature a lot after 19, you'll figure that out. The point is that things you might think are reasonable at your age suddenly don't seem reasonable after a few more years. Some doctors claim the brain isn't fully developed until 25. Everyone makes mistakes, and you can't honestly claim that people who commit crimes at that age should never be forgiven or allowed to start over. Some people have a moment of weakness, and if they pay for their crimes, then why shouldn't they get a second chance, especially after justice has been served? Are you of the belief that justice is NEVER served with violent crimes?

[PaulConventionWV]

//