Skip to main content

tv   Around the World  CNN  August 1, 2013 9:00am-10:01am PDT

9:00 am
direction of where michelle knight is sitting. this moment is to jarring, the kind of electricity, we haven't seen anything like this before. let's see if we can listen to what's going on in there for one minute. i am not sure anyone is talking. camera doesn't seem to be able to capture them in the same shot. michelle knight can't be more than 25 feet away from ar he will castro right now and what a moment this must be for her, for ten years, nearly ten years she was held prisoner in his house, tortured, sexual abuse, physical abuse, psychological abuse, that's been really explained in detail this morning for the
9:01 am
first time. pamela brown, you have heard in talking to the families and people who know these survivors of this, what do you think this moment must be like right now for them? >> it is just emotionally gripping, john. i don't know if words can describe what this moment is like. think about how we feel as by-standers here, people covering the story and imagine if you know these women, i just spoke to a friend actually of one of the victims and he tells me that it is just so hard to accept this reality coming to the surface and seeing what the women endured and we have been hearing, john, about what michelle knight has endured, that she was the first to be kidnapped and she experienced the worst abuse over the past ten years, that ariel castro killed her unborn baby by starving her and giving her rotten food and jumping on her stomach and we heard, don, calling the doctor, the doctor
9:02 am
calling michelle knight courageous, that she would step in and protect gina dejesus from ariel castro and she would take the brunt of the abuse to protect her fellow friend there in the home, and it is just incredible to now see her sitting in that courtroom and we have been reporting it and we started reporting it last night that she would likely be making an impact statement and not only one of the three and now to see her actually show up in that courtroom is incredible and to think, john, she had the option to take a statement over video that would be shoeb shown in the courtroom and instead she decided to come and face her cap tore head on, and it is just incredible to think she has the courage to do that and it is also therapeutic, cathartic in some way withes and empowering to do this and certainly helps with the closure. >> you're looking live pictures of a courtroom in cleveland, ohio, and i would like to welcome our viewers across the united states and also around the world. this is the sentencing hearing
9:03 am
for ariel castro. you can see him right there in the orange sitting at the defense table and about 25 feet away from mr. castro right now, not in this frame, but in that room, and we have seen her is michelle knight, one of the women who survived the captivity, nearly ten years in that house that was a prison. it was a torture chamber. 99 feet of chains he used over the years to restrain these women. he rigged alarms on doors to make sure they couldn't escape. he put helmets on them and just after they captured -- he captured them. michelle knight is in that room. we expect what's called an impact statement from her coming up in just a little bit. what an impact she has made already simply by walking into that room with her head held high and this is the first time she has laid eyes on ariel castro in american since she was freed along with gina dejesus and amanda berry. i am joined by jeffrey toobin.
9:04 am
this is an amazing picture we're seeing right now. >> it is an amazing picture and i am not trying to get people to turn off the coverage but i find it almost unwatchable, the degree of evil on display in this courtroom is so extraordinary, and the behavior ariel castro is to horrific and it has been spelled out today in such detail that it is hard to watch and i think the testimony of one of his victims, i hope will be therapeutic for her but it is hard to know how you can recover from something like this. >> the horrific detail has been laid out today, extreme detail about how he managed to pull this off, the evil that he committed, but we have also heard testimony today, jeffrey, of the heroism of the three women. there was a psychiatrist that made a point of saying that michelle knight whom we expect to hear from in a little bit is an extraordinary human being and served as a doctor, as a nurse,
9:05 am
as a teacher for the other women in there. she took care of them. she protected them. i imagine it is important to get that out there and on the record also as well. jeffrey, you said this is hard to watch. let me ask you. as an expert of what goes on in these courtrooms and why, why are we hearing this today given that he pleaded guilty and already agreed to the sentence and we know what the sentence will be? >> you know, i think, john, that's a good question, and i don't think it has a completely clear answer. it is true that the judge will need some sort of factual basis on which to impose what will be in fact a life without parole sentence, but i also think prosecutors here wanted to show what happened. i think they feel and i am not sure they're right, but they feel there is some public interest served by showing the people of ohio, the world, what
9:06 am
happened in this one house in cleveland, but they are spelling it out in more detail than they have to. it is only one day. i think they're showing some restraint by not stretching this out over a really long time, but prosecutors want to show just how awful this man is. >> they have shown that in great detail so far. earlier in the day we did hear ariel castro very briefly. he issued basically a one-sentence apology, said i want to apologize to the victims, he said, and then the judge asked if he would like to speak again later or he asked if he would like to speak again later. let's listen to him. you want to hear his voice when he says this. listen right now. >> you may do that now. >> this is part of your opportunity to speak.
9:07 am
>> they're all standing up in the courtroom right now. we do expect to hear more. let's listen to what they're saying. >> thank you, your honor. as part and parcel of the state's presentation this afternoon, the most important part is the victim impact statement. all three victims, two of them are represented by family members and one victim is present here in the courtroom and will address you. we'll begin this afternoon, judge, with sylvia cologne representing gina dejesus. i believe we're going to see in front of you, your honor, and direct you, we were asked.
9:08 am
>> my name is sylvia kalone, and i am the cousin and spokesperson for the dejesus family. we have enjoyed our low key lives and pray we can continue to saver our privacy. on behalf of my entire family, we would like to thank the honorable judge, the office of prosecutor and staff as well as the defense team for an accelerated resolution to the castro case. today we will close this chapter of our lives. family members, we love you.
9:09 am
to our friends, neighbors, fbi, cleveland police, attorney henne and our attorneys at jones day, the great city of cleveland and too many others to name, thank you and god bless you. for nine long years you have been by our sides, encouraging and supporting us and we shall never for get you. you are now part of our family. to the castro family, we are saddened that you are burdened with this horror and will unfortunately forever be tied to these atrocities. please know that we do not hold you accountable and pray that you can one day be whole again. continue to love and support one another. we promise you with this recipe you will be triumphant. our family recognizes it is not
9:10 am
for us to judge or determine any punishment, only our higher power can do that. today is the last day we want to think or talk about this. these events will not hold a place in our thoughts or our hearts. we will continue to live and love. we stand before you and promise you that our beloved family member thrives. she laughs. she swims. she dances. and more importantly, she loves and she is loved. she will finish school, go to college, fall in love, and if she chooses, she will get married and have children. she is where we will continue to put in our energy. she lives not as a victim but as
9:11 am
a survivor. her insurmountable will to prevail is the only story worth discussing. we continue that we ask that you continue to give her and our family privacy as we continue this journey back into society. to ariel castro, [ speaking spanish ] gracias and thank you. >> thank you, ma'am. >> your honor, next is the attorney for the family and mr.
9:12 am
serrano for amanda berry. >> good morning. >> welcome. >> what would you like to say? >> hi. i am amanda berry's sister. the impact of these crimes are our family is something that we do not want to discuss with people we don't know. even if i wanted to talk about it, it is impossible to put into words. for me i lost my sister all those years and i thought it was forever. we lost my mother forever. she died not knowing, my mother and sister, the two most loving people in the world, it is impossible to put into words how much it hurts. she is strong, beautiful, inside and out and is doing better every day. she is not just my only sister, the best friend i have, the best person i know, and she does not
9:13 am
want to talk about these things. she has not talked about these even with me. she does not want others to talk about these things. the main reason she does not want anyone to talk about these things are forced to talk about these things is because she has a young daughter. she would love to be the person who decides to tell her daughter when to tell her daughter, how to tell her daughter, certain things and when people say things and file things in court it is public and written and talked about by people we don't know. amanda's concern is that her daughter hear about things or read about things said by the wrong people, the wrong way, at the wrong time. before amanda thinks the time is right to tell her daughter. my sister has asked me to say the same thing she has been saying since this case started, please respect her privacy. she does not want other people to talk or write about what happened. now that there will be no trial, there doesn't seem to be any
9:14 am
reason at all why people cannot do what she asks. amanda did not control anything for a long time. at least let her have control over this so she can protect her daughter. she will do anything to protect her daughter. she also asks me to say that she is grateful this case is over. she wanted me to say thank you to all that have supported her and our family including james, adam and everyone at the jones day law firm and the fbi and the cleveland police and the dejesus family and the entire community and everyone else that continued to stand by her side. we appreciate everyone's support and kindness. thank you. >> thank you, ma'am. >> your honor, michelle knight will address i. she is accompanied by her
9:15 am
attorney kathy joseph, and a member of the victims -- >> thank you. >> my name is michelle knight. i would like to tell you what this was like for me. i miss my son every day. i wonder if i was ever going to see him again. he was only two-and-a-half years old when i was taken.
9:16 am
i look inside my heart and i see my son. i cried every night. i was so alone. i worried about what would happen to me and the other girls every day. days never got shorter. days turned into nights. nights turned into days. the years turned into eternity. i knew nobody cared about me, he told me that my family didn't care even on holidays. christmas was the most traumatic day because i never got to spend it with my son. nobody should ever have to go through what i went through or anybody else, not even the
9:17 am
worsen my. gina was my teammate. she never let me fall. i never let her fall. she nursed me back to health. when i was dying from his abuse. my friendship with her is the only thing that was good out of this situation. we said we will some day make it out alive and we did. ariel castro, i remember all the times that you came home talking about what everybody else did wrong and act like you wasn't doing the same thing. you said at least i didn't kill you. for you took 11 years of my life away, and i have got it back. i spent 11 years in hell, and now your hell is just beginning.
9:18 am
i will overcome all of this that happened. you will face hell for eternity. from this moment on won't let you define me or affect who i am. you will live -- i will live on. will you die a little every day. as you think about the 11 years and atrocities you inflicted on us, what does god think of you hypocritically going to search every sunday, coming home to torture us, death penalty would be so much easier. you don't deserve that. you deserve to spend life in prison. i can forgive you, but i will never for get. with the guidance of god, i will prevail and help others that suffered at the hands of others.
9:19 am
writing this statement gave me the strength to be a stronger woman. and know that there is more good than evil. i know that there is a lot of people going through hard times. but we need to reach out a hand and hold them and let them know that they're being heard. after 11 years i am finally being heard and it is liberating. thank you, all, i love you. god bless you. >> thank you, ms. knight. >> do you want to cover the sentencing criteria. >> pursuant to criminal rule 2929.11 and 2929.12 seriousness
9:20 am
of crime and recidivism factors, judge, as you well know, the purpose of the principles of sentencing are to punish the offender and protect the public. this case speaks volumes with regards to the defendant's actions. if we look at the harm that has been caused to this victim, the only thing i need to tell you is 13,226 days of captivity. these actions of luring these victims, vulnerable victims, a victim that wanted to see her son, luring that woman for puppies and then keeping her held captive for the next 11 years. luring the other two young women, their ages 16 and 14, that is something you need to take into consideration.
9:21 am
under the guise of coming to see his own flesh and blood, his daughters, and then holding them in captivity for the next 10 years for amanda and nine years for gina. he locked the doors. he kept them chained. he used dirty socks when they screamed for help. there was duct tape and motorcycle helmets, that's what you need to consider, your honor. repeated pattern of sexual abuse, physical abuse, laying a hand on a woman, on anybody, is a crime in this country. he repeatedly did for his own benefit. that's what needs to be considered, the impact on the victim. slapping them, punching them, stomping them on their stomachs. he dictated. he dictated when they ate, when
9:22 am
they slept, when they could talk, when they could interact, and he dictated when they could go to the bathroom and if that commode needed to be emptied based on their defiant behavior. he tormented them by allowing them to watch their vigils where members of our community circled around the families looking for them on their anniversary dates, and he even had the audacity to attend them and to talk to the family members knowing full well that these women were in his captivity. they were right underneath his roof. again, what kind of impact on this victim? as michelle just told you, he would go to church on sundays and come home and torment them. he told them that they had to
9:23 am
respect their elders. he was their elder, and they had to do exactly what he wanted, when he wanted, and whatever he wanted. he bartered and gave them money and took it away. he made them clean to earn their keep. he provided no medical attention from the oldest victim to the youngest. a child was born in a swimming pool. that impact alone, your honor, that child wasn't breathing, and but for a young woman who had the courage to breathe some life into that child, that child may not even be here, and to exacerbate that, he further kept the placenta in the refrigerator as a memento and he discarded it
9:24 am
when they were getting close to him being caught. brazen behavior, your honor. giving the appearance that he was a good guy in the community, that he would take out the 6-year-old child, his own daughter, and represent her as the daughter of his girlfriend. that is brazen behavior of a cold, calculating, self absorbed human being that does not need to see a light of day. you as a judge are entrusted with the powers of sentencing. this is a court of law. it is not one of mercy. this court doesn't impart mercy. only god gives mercy. his actions have spoken so loud
9:25 am
in this community and by this plea we hope that anybody else who challenges law enforcement or anybody else in the field that will prevent this kind of behavior from ever happening again. i think michelle said it best to you. it was an eternity, your honor, and that's what he deserves in this sentence, the minimum is 1,000 years but this court can hearing today was to give you a picture of what happened at 2207 seymour. it was by no means any way to disparage, to humiliate, or to embarrass or to tell a story to a child. it was information that is being given to a court of law to
9:26 am
impose a sentence. that's what we did. thank you. >> thank you. >> your honor, ultimately i think the statement being required for recitation reflects our true feelings about the ultimate prosecution and in our opinion we feel that it was inappropriate and i think as ms. knight said as well as some of the other family members that were here on behalf of victims, these were really private matters, and i understand why for sentencing purposes but the sentence was agreed upon and mr. castro waived all rights and stipulated to facts in this case. this is a highly unusual case.
9:27 am
he has agreed to life without parole and will suffer as a result of this, and the thousand years minimum of 1,000 years is also seems to be su per flus but we understand the reasons why the prosecutor included that in the plea agreement. thank you. >> in terms of law, the court has allowed discretion under the sentencing statutes in terms of its findings, but i don't think that the presentation by the prosecutor although more lengthy than one we would ordinarily have in a case, the facts of this case and the span of the crimes are unprecedented in this county and if you are aware, as i am sure you are, state versus venice, which is a recent decision from our court of
9:28 am
appeals, when there are consecutive sentencing sought or to be imposed, the court must comply with 2929.14 c four and i have to make specific findings relevant to those factors and since there was not a trial, the trial i would have heard all the facts and could have applied them for sentencing, but here there was a plea and there was no psi, so i understand why the state presented some of the information. it was toned down greatly as far as i can understand the original potential testimony, so i respect the defense position but at the same time in order to determine whether impose the recommended sentence, i have to make those findings and i have to have a basis for them, so it has been relevant in that sense, and in my view necessary
9:29 am
anything that was seeking to generate any prejudice or emotionalism, i have discarded and that will not be part of my decision here. you're done, correct? >> yes, your honor, unless the defendant makes a statement and then i would reserve the ability to counter. >> well, if you want to make a statement, make it now. then if mr. castro wants to make a statement, that will not end of it. okay? >> your honor, thank you. as you have noted these are unprecedented crimes and calls for an unprecedented sentence. we have great confidence in this court's ability to decide the sentence based on your experience and your understanding of the law and the 937 convictions before you.
9:30 am
the presentation and the fact and the record of the facts the depravity and the time appropriate. we agreed to a recommended minimum sentence of 1,000 years. there are 9,245 years available, $11 million, 650,000 plus available in fines. we do not want this man to profit now or in the future. we appreciate whatever sentence you deem appropriate. they took advantage of young and vulnerable children and the plan is prior calculated and criminal acts and disaster to this community and the ultimate disaster with the four
9:31 am
individual victims and their families, the anguish they experienced is almost undescribable. in these short few hours of trying to help this court wrap and get a feel of the extraordinary deprivation these victims incurred. one victim, michelle, the morning she wakes up in the hospital looks out the window her first day and first time she gets to see the sunrise and it was a cloudy day and it was beautiful to her. that was her first opportunity in over a decade to see what the outside looked like, to see what rain looked like, to see what this man did as a mass manipulator and then and now and continues. we heard this claim, sudden claim that suffered from mental
9:32 am
illness and there is absolutely no backing to that claim. he had no psychiatric disorder and it is noted in the doctor's -- there is no psychiatric diagnosis. he has no psychiatric excuses. he is responsible. does a man like he or bundy have a problem? they sure do. is he a sexual predator, he sure is. sexual predators, should she seek help? she should. she shouldn't even engage in such activity. he has no excuse. he has run a series of attempts to blame others and in fact he takes no responsibility when questioned. he blames others. he blames the children and the victims and now women who entered his car for getting into his car. he con tantly berated them for listening to him and not doing what they were told and not
9:33 am
doing what they were taught in school. he takes no responsibility. he has no sincere remarks. the only reason he agreed to this sentence was to avoid the death penalty sentence for himself, for no one else. we thought we heard the evidence of the methodical torture and issues that he caused and the harm he has caused the victim. i will not elaborate. it was the victims themselves and the doctors and the other witnesses that have demonstrated that. his attitude is what i want. before we hear from it again, he said he had to do it. he would do it all over again. he doesn't believe he did anything wrong.
9:34 am
that is what the ultimate issue is and calls for punishment. there is no remorse and as a factor as the worth well knows in evaluation, we thank and admire the victims and their courage for how they survived and how they worked together, as we heard teammates is the word we heard today to survive the ordeal, to live through this, to live to testify, to live to the point, survive and go back to their families and those that were left, amanda, of course, her own mother died in the meantime and she sadly wrote to her in her diary on a regular basis to her mother and then she had to bright to her deceased mother. she had to sit there and tell her loving mother what she would have told her.
9:35 am
she had to learn of her own mother's funeral and then has to learn of this man, the guy who goes to church on sunday comes home and beats and rapes them and that this man had the audacity to go to the vigil and they can see it on tv and allows them to see it on tv, their vigil, and he has the audacity to go to gina's mother when he sees it online or facebook to get a poster to post of the daughter that he knows that her mother is looking for and begging for and praying for and he has in his own home and he is torturing her. this man deserves as many years and as much punishment as this court can possibly give him. we thank the courage of the victims and they have inspired us all and inspired law enforcement and inspired the prosecutors and they have inspired their families and they
9:36 am
have inspired all. thank you, your honor. >> thank you. >> your honor, before proceeding, i would offer the binder of our marked exhibits in support of the agreement and i will note that state's 18, the firearm, will be retained by the state of ohio. >> thank you. >> judge, specifically we object to state's exhibit 17 which is the actual full interrogation of mr. castro by the police officer. it is my understanding that the one thing being introduced at this hearing was going to be the synopsis that was presented by i believe detective jacobs. >> we met the other day about this, correct. >> yes, and not the actual video itself. >> that's not my understanding. i reached no agreement with anyone on that subject. >> do you have the synopsis? here? >> yes.
9:37 am
>> it is not in there, it should be. >> if you can provide the synopsis which you have read and is a less volatile version of events, that will be accepted by the court. i will return the dvd to you of the actual interview. >> that's fine. >> your honor, the written statement of mr. castro, that represents a synopsis and the results. >> your honor, the statement of mr. castro, no way is a synopsis of the hours of interrogation of mr. castro. that's mr. castro's -- i make him feel sorry more me statement. >> you seem to be operating under the impression that i don't know what this case is about. >> 20 years from now this guy set up appeals right now. promise not to appeal, le appeal and he wants out the door. >> if you have it, keep it.
9:38 am
if it is in here, you will have to take it out at the end. the dvd won't be going and you can substitute that -- >> on the witness stand and i will -- >> thank you. all right. we have now heard additional information and the state is done. anything you wish to say on behalf of your client with respect to the issue of sentencing, mitigation, anything else? >> judge, i believe mr. castro is prepared to make a statement. >> he is, your honor. >> i just want to see if either of you had anything else to say. >> no. >> no, thank you. >> mr. castro, earlier we spoke and you were aware you had a right to make a statement, either with respect to sentencing or by way of mitigation of punishment, so what would you like to say? >> first of all, i am very
9:39 am
emotional person so i will try to get it out. i stated before that i was a victim of sex acts when i was a child. this led me to view pornography my whole life and eventually after i held jobs because i always worked, and people trying to paint me as a monster, and i am not a monster. i was sick. my sexual problems were so bad in my mind that i am repull
9:40 am
civil but eventually i married and had four children. went on with life and i still practiced the art of touching myself -- and i believe i am addicted to porn to the point that it makes me impulsive and i just don't realize what i am doing is wrong and i know it is not an excuse. i am not trying to make excuses here. i know. i am not contesting it.
9:41 am
i have been a position, to be a monster like they say i am, i don't think i can handle it. i drove a school bus for 21 years. i did a very good job. towards the end i started slacking off. trying to get fired because i know it was just too much. this job is too stressful and coming home to my situation and i just -- i never had a record until i left my children's mother. my son was on here the other day saying how abusive i was.
9:42 am
he failed to say that at the end before she passed away that them two weren't even talking. what i am trying to say is she is saying that i was wife beater, that is wrong. this happened because i couldn't get her to quiet down. the children are right there. please. she responded i don't care. i don't care if the children are there. she would keep going and the situation would escalate and until the point where she would put her hands on me and that's how i react. by putting my hands on her. i know that's wrong. after 12 years we were separated and then i was single for about five years, and that time i
9:43 am
continued to practice the art of masturbation and pornography and got so bad that like maybe two or three hours a day non-stop. when i would finish i would collapse. i pick up the first victim, i wasn't -- i didn't even plan it. it wasn't something that trying to make look like i did. i went to family dollar and i heard her over saying something about she needed to get somewhere, and i reacted on that. when i got up that day, i did not say, oh, i am going to get up and try to find some women because it just wasn't my character. i know it is wrong, and i know i
9:44 am
am not trying to make excuses her. i know i am 100% wrong. i am saying that they're trying to say that i am violent person. i am not a violent person. i drove a school bus. i had a family. i do have value for human life. every time i came home, i was so -- the situation as crazy it it may sound and my daughter just made every day for me after she was born. she never saw what was going on and question her and she always say, yeah, my dad is the best dad in the world and how i try
9:45 am
to raise her and sisters so she won't be traumatized or anything like that. she had a normal life for six years. i tried to take her out into public to give her a normal life and, look, this is how it works and i will take her to church and i will come home and just be normal like a normal family. these accusations that i would come home and beat her, beat them, those are totally wronging, your honor, because like i said before, i am not a violent person. i know what i did is wrong but i am not a violent person. simply kept them there without needing them to leave. i know when i pick up the second victim, gina, i don't understand
9:46 am
how because i was driven by sex. no, i did not know who she was. i saw her walking and i did not know that she was -- i know her dad. we went to school together. we didn't see much of each other at school but i know him from school. she got into my vehicle without knowing who i was and i am not faulting her but i am saying i tried to make up a point across i am not a violent predator that you are trying to make me like like a monster. i am not a monster. i am a normal person. i am just sick. i have an addiction just like an alcoholic has an addiction. alcoholics cannot control their
9:47 am
addiction. that's what i can't control my addiction, your honor. most of the sex that went on in that house, practically all of it was consensual. these allegations about being forceful on them, that is totally wrong. there was times that they would even ask me for sex. many times. i learned these girls are not virgins like their testimony. they have multiple partners before me. all three of them. that's basically it. i just want to clear the record that i am not a monster. i did not prey on these women.
9:48 am
i just acted on my sexual instincts because of my sexual addiction and god as my witness, i never beat these women like they are trying to say that i did. i never tortured them. finally, i would like to apologize to the victims, amanda and gina and michelle knight. i am truly sorry for what happened. to this day i am trying to answer my own questions. i don't know why.
9:49 am
i had everything going on for himself and i had a job and i had a home and i had vehicles and my musical talent and i had everything going on for me, your honor. i had a good history of working and providing. i just hope they can find it in their hearts to forgive me. we had a lot going on in that home. if you seen the youtube video of amanda this weekend, that right there itself proves that that girl did not go through torture. did not go through torture. if that was true, do you think she would be out partying and having fun? i don't think so.
9:50 am
gina, and in the media, she looks normal. she acts normal. a person that has been tortured, doesn't act normal. they would act withdrawn and everything. on the contrary, they're the opposite. she is happy. victims are happy. i haven't seen much of michelle because michelle since day one, i never saw that about her. i feel that the fbi let these girls down because they questioned -- when they questioned my daughter, that's okay, but they failed to
9:51 am
question me. i am her father. if they would have questioned me whatever it happened, it is possible that it would have ended right there, so also they forgot to mention that i did mention to the girls that i was addicted to porn. i am truly sorry to the dejesus family, michelle, and amanda, you guys know all that went on in that home. i ask my family and i apologize to my family also for putting them through all of this.
9:52 am
i want to apologize to the state of ohio, the city of cleveland for all of this. i just want to apologize to everyone who was touched by these events. i do also want to let you know that there was harmony in that home. there was harmony at home. i was a good person. i never had a record. i hope they find it in their hearts to forgive me and to really do some research on people who have addictions so they can see how their addiction takes over lives. again, i am sorry. to all of the victims, sorry to my daughter because i know, god bless her, she is a miracle
9:53 am
child, and god bless but when she was born i know i could have taken her. i could have taken her to the er, and i chose not to. thank god nothing bad happened because she started getting toothaches and i said to myself i cannot let her die. because much an infection. the situation, your honor, just that's part of the problem that
9:54 am
i have also, i will start talking and so i apologize to you, your honor, for bringing this case even into your courtro courtroom. thank you, everyone, and i am sorry for everything. i know two judgment days when god comes and judges me and i will be praying and asking for forgiveness and due to the fact i do have a sexual addiction and the comment that the lady made for the dejesus family at the end, that was uncalled for.
9:55 am
so, again, thank you, everyone. thank you, victims, please find it in your hearts to forgive me. thank you. >> thank you, your honor. >> thank you. mr. castro, you have before you your plea agreement and if you recall on page 10 part of the agreement was that you would execute all necessary documents and perform all acts to transfer right, title and interest from your real property to 2207 seymour avenue in cleveland to the cuyahoga county land utilization corporation, the land bank, so the other day after the plea hearing that's what you did, is that correct? >> that is correct. >> you signed all the papers? >> yes, sir. >> all right. and you understand that you are not entitled to seek any profit, agreeing not to seek any profit from this matter, correct? >> that's correct. >> say it again, i am sorry?
9:56 am
>> you have agreed that you will not seek any profit from this, in other words, you're not going to be writing a book and receiving funds, you won't be licensing anything. >> right. >> the only people that may in the future receive any benefit from this will not victims, is that clear? >> yes. >> ms. knight, thank you for your remarkable restraint during that statement. mr. castro, we had several times both during the plea, colloquy and today you don't feel you are a violent person. perhaps you are not clearly understanding section 2971,
9:57 am
talks about what is a violent sex offense, and then that includes the charge of rape and you pled guilty to a number of those. hundreds of counts. it also defines sexually violent offense means a violent sex offense for which a person was convicted of or pled guilty to with a sexual motivation and it talks about sexually violent predator and by operation of law and would then constitute a sexually violent offense, and you pled guilty to that and then found guilty of it and a sexually violent off fence and likelihood to engage in the future or one or more sexually violent offenses qualifies a person as a sexually violent predator, and here under 2971.01 where they talk about the
9:58 am
available information or evidence suggests that the person chronic cally commits offenses in a sexually motivation, you have to admit that happened here by virtue of the rape charges, but the person has committed one or more offenses in which the person has tortured or engaged in ritual lis particular acts with one or more victims, that seems to fit here, too, and also the person has committed one or more offenses in which one or more victims were physically harmed to the degree that the particular victim's life was in jeopardy and that most prominently occurred with ms. knight. there are legal reasons that your attorneys i am sure have considered and discussed with you why although you may not like the wording or the terminology of the revised code, it fits. okay? it may be unpleasant to you. >> violent crime, makes it sound like i forced myself onto them. that didn't happen. >> well --
9:59 am
>> listen. >> by virtue of your plea, that's what you did. you pled guilty to that and by virtue of your plea, when you rape someone, that's what it means. so, mr. castro, sentencing you and all others that come before this court on felony matters and one misdemeanor as well, coming before this court on felony matters, i have to comply with the felony sentencing statutes, the overall purpose is to punish the offender and protect the public from future crime by the offender and others using the minimum sanctions the court determines to accomplish the purposes without imposing unnecessary burden on state or local government resources. in imposing sentence the court must consider the need for incapacitation, deterrents, rehabilitation and restitution and i have to come up with a sentence for you that's commensurate with and not demeaning to the seriousness of your conduct, its impact on the victims, and a sentence that is consistent with sentencing for similar crimes by similar
10:00 am
offenders and also the sentence must not be based upon your race, ethnicity, gender or religion. punishing you here in terms of proportionate which we'll get to later and look back in the cases i have had and there have been none that have a scope approaching this, but in terms of harm to a victim, they're similar although your misconduct here far exceeds the scope and duration of the defendants i will mention, so i note in kevin dominic's case which was 3286er imposed two consecutive life sentences for him, and mr. yakov in case 450218 he received a sentence of 36 years

66 Views

info Stream Only

Uploaded by TV Archive on