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[Dalek]

Man mistakenly released from prison asks judge to reduce his 98-year sentence

A man sentenced to 98 years in prison but then mistakenly released decades early appealed to a judge Wednesday to allow him to return to the law-abiding life he built during his brief period of freedom.

But Rene Lima-Marin’s fate remains in limbo three years after he was returned to prison when a former prosecutor discovered the clerical error. During an evidentiary hearing for writ of habeas corpus, Judge Carlos Samour Jr. said he’d take his time before issuing an order at the Arapahoe County District Court.

“I’m not going to give you a time frame because I want to take my time with it,” Samour said.

Lima-Marin, 38, was sentenced to 98 years for his role in a pair of 1998 video store robberies when he was 19 years old. No one was hurt during the robberies and Lima-Marin claimed the gun used was unloaded.

“I’ve been taken away from my children and my wife. I don’t even know how to explain that that’s the thing that’s consistently on my mind every single day,” Lima-Marin said during the hearing as emotion washed over both him and the courtroom. “I’m supposed to be the head of my household, I’m the person … I’m the person that’s supposed to guide and lead them of everything that’s of God, and I’ve been taken away from them.”.

In a surprising turn, Lima-Marin was released in 2008 when a clerical error counted his eight sentences concurrently instead of consecutively.

Once released, he had five spotless years on parole, rose through low-wage work to a union job as a glazier, married and raised two sons in a home he bought in Aurora.

But Lima-Marin’s second chance was taken away when his accidental release was discovered in 2014 after his former prosecutor happened to check on his whereabouts. His sentence was reinstated and he was brought back to prison.

After the calls for justice, more than 35 people packed into the courtroom to show their support for Lima-Marin, who was wearing a light-gray sports jacket, black slacks and decorative tie.

His family sat in the front row, one of his sons sitting on his grandfather’s lap. His mother shook with emotion at times, at one point muttering a prayer. After his testimony, he waved at his family and gave his son a big smile.

During the hearing, Lima-Marin admitted he had made a mistake but said he served the appropriate amount of time for his crime.

“I was a stupid child, a dumb kid that made a mistake. I was given trumped-up charges for who knows what reason,” he said. “I deserve to be punished, I admit that, but not 98 years.”

Attorneys with the Colorado Department of Corrections questioned whether Lima-Marin knew he was released erroneously, which he said he didn’t. Instead, “all I knew was my prayers had been answered.”

They also argued that it would not be fair for Lima-Marin to get off early due to a clerical error while his partner in the robberies, Michael Clifton, is still serving his 98-year sentence.

After the hearing, Lima-Marin’s attorney Jamie Halscott criticized the Department of Corrections’ attempts to prove that Lima-Marin knew his release was a mistake, saying the state was trying to depict him as a Lex Luthor-like criminal mastermind gaming the system.

“Obviously, when the state doesn’t have much to go on, that’s what they’re going to say,” Halscott said.

Lima-Marin enlisted Halscott, a Florida appeals specialist, after the firm at which he is a managing partner won a similar case in Missouri.

During the hearing, Jasmine told a story about when her husband wore his favorite red jacket to a pizza parlor during a rough snowstorm. When he left the restaurant, he wasn’t wearing the jacket.

When she asked him where it went, he said a homeless man had complimented him on his jacket, so he gave it to him.

“He’s a changed person. He’s been rehabilitated,” Jasmine said. “He’s shown that he can be a productive member of society. I don’t think it’s going to accomplish anything by making him spend his life in prison.”

I remember hearing about this man on NPR a while back. I have no idea what the judge will do in this case. It obviously seems the man has reformed-but it does seem unusual that the other man would continue to serve his sentence.

 

[Polari]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

 

[Anoregon]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

Yeah, that shit's fucking insane. There's no way that is reasonable.

 

[NOLA_Gaffer]

98 years in prison for armed robbery seems harsh...I feel like there's something missing here or that judge was feeling particularly dickish on his sentencing day.

 

[Ether_Snake]

Lima-Marin, 38, was sentenced to 98 years for his role in a pair of 1998 video store robberies when he was 19 years old. No one was hurt during the robberies and Lima-Marin claimed the gun used was unloaded.

98 years for that wtf!

 

[Stinkles]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

this

How is this making society any safer? What is that costing the taxpayer?


How many white 19 year olds are serving eight back to back sentences like that for identical crimes?

 

[Angelus Errare]

America's judicial system has always been about punishment and revenge, never about rehabilitating. The fact this man once released was able to build a life, buy a house and give back to society is what the purpose of prison SHOULD be.

Seeing as he's a minority, he's definitely going back to jail. If only so the system doesn't seem "weak and biased". 98 years for his crime is absolutely fucking ridiculous, especially when we live in a country were a 19 year old rapist gets a few months of jail sentence and is victimized the entire time.

 

[Akuun]

What the fuck? A robbery at 19 being sentenced to life in prison? While murderers and rapists get away with like 4 years, if not less than that.

 

[Diprosalic]

98 years for non-violent robberies by a 19 year old is extremely stupid.

 

[shintoki]

He served his time

 

[New002]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

Yeah that immediately stuck out.

 

[CREMSteve]

That sentence is ridiculous. He's served sufficient time, IMO. That is, of course, if what we know of the story is legit.

 

[eggandI]

Holy shit 98 years what

 

[Tom Nook Sawyer]

America's judicial system has always been about punishment and revenge, never about rehabilitating. The fact this man once released was able to build a life, buy a house and give back to society is what the purpose of prison SHOULD be.

Seeing as he's a minority, he's definitely going back to jail.

Land of the free indeed. America's such a shithole if you happen to end up on its bad side.

 

[LegendofJoe]

The judge who gave him that sentence should be in prison instead.

 

[Dubbedinenglish]

Was reading his crime waiting for a double murder or something. 98 years for armed robbery at 19 is insane.

 

[Hagi]

98 years is fucking crazy, I'd be surprised if they do anything positive in this case though. What a bunch of fuck ups.

 

[SpaceWolf]

So this man was essentially sent to prison as a nineteen year old for a robbery he committed where no-one got hurt, doomed to spend the rest of his life there until he literally died?

Reasonable.

 

[CrimsonSquall]

A network should pick this shit up quiiiick. 98 years for robbery at 19? Shiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiitttt

 

[MattyG]

98 years. NINETY. EIGHT. YEARS. For a robbery with an empty gun where no one got hurt. Meanwhile we have rapists and people who have killed others with their negligence getting less than 20 (probably some less than 10 even). Fuck that, let him out. He proved that he's changed.

 

[Linkura]

I remember hearing about this man on NPR a while back. I have no idea what the judge will do in this case. It obviously seems the man has reformed-but it does seem unusual that the other two men would continue to serve their sentences.

All of them should be released. It's been 18 fucking years for a nonviolent robbery. Absurd.

 

[Zantetsuken]

I've seen people with drugs and murder get way less. Ridiculously obsessive.

 

[link1201]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

This!

 

[UnemployedVillain]

The American prison system is a fucking joke. I hope my black ass never comes into proximity with law enforcement for any reason

 

[kswiston]

So this man was essentially sent to prison as a nineteen year old for a robbery he committed where no-one got hurt, doomed to spend the rest of his life there until he literally died?

Reasonable.

He failed the paper bag test. If he was a few shades lighter and played football, it would be 6 months house arrest and 200 hours of community service to avoid ruining his promising future.

 

[FrenchMovieTheme]

98 years?? Darren Sarper systematically drugged/raped women and didn't get nearly that. That shit bag stanford rapist got a slap on the wrist too. This is fucking stupid

 

[Vegetable Lasagna]

98 years is insane. Prison should be about rehabilitation and this guy has proven he can coexist in society. The state screwed this up and this guy shouldn't be punished a second time because of their mistake and trumped up charges. Same goes for the others that received the same sentence. Release them, all of the people in prison for years over nothing (e.g. marijuana), and reserve that space for the people who truly deserve to be there.

 

[MastaKilla]

98 years????

Darren Sharper got less for raping like 10 women!!!

This was a tragedy as soon as he was sentenced!!!

 

[MazeHaze]

98 years for a robbery at age 19...

And weren't those two guys from the Stubenville incident 17 and 18 years old?

Iirc they both got 6 months in juvenile detention for raping a girl and bragging about it.


Hell, Michael Alig served 17 years for murdering his drug dealer and chopping up his corpse.

 

[notsol337]

Sounds like another pardon for Obama...

 

[zeemumu]

Aside from that sentence being excessive as hell, he cleaned his act up so I don't see why he needs more prison.

 

[Jenov]

Amazed that he received 98 years for robberies where no one was hurt. I would think 20 at most, and out earlier on good behavior :/ Is there a part of the story we're not hearing here? Because otherwise I agree, he should be let out earlier.

edit:

"Three counts of armed robbery got him 10 years each for a total of 30 years. It’s a crime that normally carries a term of just four to 16 years.

The convictions also included three counts of kidnapping, each carrying 16 years.

Rich Orman, Senior Deputy DA with the 18th Judicial District says Lima-Marin was charged with kidnapping because he moved three people from the front of the store to the back.

He also got 10 years each for two counts of burglary.

The Colorado State Public Defender says had Lima-Marin’s case been prosecuted today, he’d likely get a more reasonable offer of between 20 to 30 years."
http://kdvr.com/2014/06/04/court-mi...-back-for-90-years-after-turning-life-around/

Wow, yeah that's really unfair.

 

[DontBeThatGuy]

Unbelievable. It's about punishment by any means necessary instead of doing the right thing.

 

[Frodo]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

Meanwhile white guys rape unconscious women behind a dumpster and only get 6 months prison time wrist slap sentence from judge so not to ruin their lives (and get released after 3 months).

 

[NintendoGal]

98 years in prison for armed robbery seems harsh...I feel like there's something missing here or that judge was feeling particularly dickish on his sentencing day.

Or it's because he's not white. I could be seriously wrong on that, but that's a WTF type of sentence and I have no other explanation.

 

[UnemployedVillain]

Amazed that he received 98 years for robberies where no one was hurt. I would think 20 at most, and out earlier on good behavior :/ Is there a part of the story we're not hearing here? Because otherwise I agree, he should be let out earlier.

It seems like there are aspects of the story you're not seeing

 

[giancarlo123x]

This is fucking infuriating to read, let the man go. This gets 98 years for a crime in which no one got hurt while a privileged kid drunk driving killed 4 people gets months. I can't.

 

[Extra Sauce]

How wonder how many years he would have gotten if he was a rich white 19 year old.

I'm sorry did I say years, I meant hours sitting in court before walking free.

 

[creatchee]

If the point of incarceration is rehabilitation of a criminal so that they may reenter society and be an upstanding citizen, then this should be a no-brainer release/commute of sentence/whatever.

If the courts want to prove that prisons exist to punish, then they will throw him back in.

I still don't know how he got consecutive 98 year sentences for a crime where nobody got hurt? Did he get 3 strikes or does the state have harsh sentences in felonies committed with a firearm present?

 

[sc0la]

I heard a similar story to this on this American life a few years ago.

https://m.thisamericanlife.org/radio-archives/episode/518/except-for-that-one-thing

https://m.thisamericanlife.org/blog/2014/05/update-mike-anderson-released

I still don't know how he got consecutive 98 year sentences for a crime where nobody got hurt?

Ahem... I'll go ahead assume that this is a rhetorical question.

Spoiler

Criming while black

 

[Volimar]

Lima-Marin, 38, was sentenced to 98 years for his role in a pair of 1998 video store robberies when he was 19 years old. No one was hurt during the robberies and Lima-Marin claimed the gun used was unloaded.

What?!?!?

 

[Fury451]

Amazed that he received 98 years for robberies where no one was hurt. I would think 20 at most, and out earlier on good behavior :/ Is there a part of the story we're not hearing here? Because otherwise I agree, he should be let out earlier.

edit:

"Three counts of armed robbery got him 10 years each for a total of 30 years. It’s a crime that normally carries a term of just four to 16 years.

The convictions also included three counts of kidnapping, each carrying 16 years.

Rich Orman, Senior Deputy DA with the 18th Judicial District says Lima-Marin was charged with kidnapping because he moved three people from the front of the store to the back.

He also got 10 years each for two counts of burglary.

The Colorado State Public Defender says had Lima-Marin’s case been prosecuted today, he’d likely get a more reasonable offer of between 20 to 30 years."
http://kdvr.com/2014/06/04/court-mi...-back-for-90-years-after-turning-life-around/

Wow, yeah that's really unfair.

His skin color.

If he was an affluent white football player e wouldn't have spent a year.

 

[Toxi]

This has been all over the news in Colorado. It's horrendous that he was given a 98 year sentence for a crime where nobody was hurt, and it's horrendous that years after he was let out the prosecutor wants to throw him back in.

 

[Kinitari]

Even if we were to pretend this had nothing to do with the colour of his skin, if this case isn't the poster child for why a punitive legal system is idiotic, I don't know what is.

 

[Malyse]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

Yeah, that shit's fucking insane. There's no way that is reasonable.

98 years in prison for armed robbery seems harsh...I feel like there's something missing here or that judge was feeling particularly dickish on his sentencing day.

If he didn't want an excessive sentence he shouldn't have been a minority in America.

 

[arts&crafts]

Thats one way to deter robbery...maybe they should up the prison time on more serious crimes like Murder.

 

[Buzzman]

Jesus, I don't have any hope that the justice system will realize its mistake. Atleast he was given another opportunity to do something with his life and he should always cherish that.

They also argued that it would not be fair for Lima-Marin to get off early due to a clerical error while his partner in the robberies, Michael Clifton, is still serving his 98-year sentence.

It's almost like this whole case opens up some uncomfortable questions about the rotten core of the entire system.

 

[necrosis]

The original sentence is insanely excessive. Life in prison for a robbery committed at age 19 in which no-one got hurt.

yeah it's fucking insane

 

[muu]

DIsregarding the previous sentence, it doesn't seem like there'd be anything to gain at all from putting him back in prison. Well, except for the system that's apparently bending over backwards to right a wrong on their book. Guess it's worth it for them to cost taxpayers money, and destroy a family for this.

 

[-Plasma Reus-]

this

How is this making society any safer? What is that costing the taxpayer?


How many white 19 year olds are serving eight back to back sentences like that for identical crimes?

If you're black, you get 30 years for every layer of skin you have.