>> MARK AUSTIN: NOT WHEN SHE TO THE COURTS NOW IS THE PUNISHMENT PHASE OF CONVICTED
KILLER ROBERT ALANIZ TRIAL WAS
TO BEGIN THERE WAS A SURPRISE
ANNOUNCEMENT FROM
THE ATTORNEYS, A PLEA DEAL HE
WOULD BE SENTENCED TO 35 YEARS
IN PRISON, ALTHOUGH IT WAS
THERE FOR THE REACTION FROM THE
VICTIM’S FAMILY, HERE’S A CLIP
FROM
THE STORY.
>> RAIN IS FAMILY DIDN’T MINCE
WORDS AS THE FACED ALLEN COURT
FIRST IS UNCLE CHRIS KING
>> YOU ARE A MONSTER.
♪
NEVER
♪ NEVER LAW FIRM.
>> NOAA RADIOS COUSINS SPOKE OF
A DEAL THAT SHE TRIED TO MAKE
♪
WITH GOD.
AND FINALLY RAN HIS MOTHER SHE SPOKE OF THE 35 YEAR SENTENCE.
♪
♪
>> BECAUSE ONLY 35.
>> LESLIE MOUTON: THAT’S POWERFUL STUFF AND PAUL VENEMA JOINS US NOW FOR OUR COURT D
BRIEF I’VE NEVER HEARD OF THIS
BEFORE POST CONVICTION
PLEA AGREEMENT.
>> THAT’S SURPRISING IS THIS
UNUSUAL VERY BUT IT CAN BE DONE
OBVIOUSLY IT’S LEGAL BUT IT’S
IT’S VERY
AND IT WAS JUST SOMETHING THAT
WAS THE LAST AS FAR AS I KNOW
BETWEEN THE ATTORNEYS ON
EITHER SIDE. PAUL WHAT’S
NECESSARY IN ORDER FOR IT TO BE
APPROVED BY THE JUDGE WROTE
THAT SAID BOTH SIDES HAVE TO
AGREE AND A JUDGE A JUDGE MAY
SAY THIS CASE ALSO WANT TO MAKE
SURE THE FAMILY THE VICTIM’S
FAMILY WAS ON BOARD WITH
EVERY WORRIED. IN THAT SOUND
BITE SHE SAID SHE WISHED HE
COULD HAVE GOTTEN MORE THAN 35
YEARS. BUT THE REALITY OF IT IS
IT WAS A GAMBLE THEY WERE
THEY DIDN’T WANT TO GO THROUGH
THE ANOTHER TRIALS THROUGH THE
WHOLE THING AGAIN SO THEY THEY
SIGNED OFF ON IT AS WELL SO
GIVEN THOSE 3 THINGS THE JUDGE
AGREED TO AGREED TO
A DEAL.
A DEAL. >> LESLIE MOUTON: SO THE REASON I’M GUESSING IT’S BECAUSE THAT
WAY HE KNOWS ANY MORE THAN 35,
BUT THE OTHER SIDE KNOWS HE’S
GOING TO GET AT LEAST 35 XACTLY
EXACTLY IN. >> AND HERE’S PROBABLY THE THINKING BEHIND THIS AS FAR AS
A AS FAR AS ALLEN AND HIS
LAWYERS
IS THAT THIS WAS WHAT YOU CALL
A BIFURCATED TRIAL. THERE WAS A
PUNISHMENT PHASE OF A GUILT
INNOCENCE PHASE AND PUNCH A
FACE IS FOUND GUILTY IN THE
GUILT INNOCENCE PHASE STARTS
ALL OVER A NEW TRIAL WITH THE
POLISH FACE AT THAT TIME.
THE STATE CAN BRING IN ALL HIS
PAST CRIMINAL ACTIVITY AND YOU
HAD A BUNCH. HE HAD A A PRETTY
LONG
RAP SHEET. SO THE JURY THEN
WHEN THEY WERE GOING TO DECIDE
PUNISHMENT IN ALL LIKELIHOOD
WILL COME DOWN PRETTY THEM
KNOWING THAT HE HAD OF A PRETTY
EXTENSIVE CRIMINAL HISTORY.
SO IT PROBABLY
WAS OF COURSE IT WAS A GAMBLE
JURY MAY NOT HAVE BUT THEY THEY
FELT AS THOUGH IT WAS TO THEIR
ADVANTAGE AND I KIND OF
AGREE THAT.
>> PROBABLY I SHOULD JUMP AT
THE 35 ANY OTHER BENEFITS FROM
THIS TYPE OF ARRANGEMENT OR
AGREEMENT PAUL WELL ASIDE FROM
THE FACT THAT WE HAVE TO GO
THROUGH THE FOR THE FAMILY
DOESN’T HAVE TO GO THROUGH THE
REST OF THIS TRIAL THAT’S ONE
OF
THE BENEFITS.
>> AND THE OTHER BETTER IS
YOU’RE YOU’RE GUARANTEED.
THIS FELLOW IS GOING TO PRISON
IF IF THEY GONE TO THE JURY THE
JURY
COULD HAVE GOOD FOR WHATEVER
REASON DECIDED A MUCH LIGHTER
SENTENCE OF THE WAS A WHAT WE
CALL IT A REPEAT OR
THE MINIMUM WAS 15, BUT THE
JURY COULD HAVE GONE THE 50’S
SO IT WAS IT WAS IT WAS A TELL
TOSS-UP IT WAS A GAMBLE, I
THINK AS FAR AS THE STATES
CONCERNED THEY GOT
SOME TIME.
>> THE TOUGHEST THAT THE GOOD
GOT HIS LIFE IN PRISON FOR
SOMEONE HIS AGE WHAT WOULD THAT
OF THEM.
>> WELL IF IT WOULD HAVE BEEN
LIFE IN PRISON. HE WOULD HAVE
HAD TO. DONE 30 YEARS THIS
FIGHT AND MORE THAN THE MINIMUM
THE NIGHT THE PRESIDENT
ACTUALLY EXACTLY EXACTLY HE HE
WOULD HAVE HAD TO DO
30 YEARS AND KNOW WHO HAD
SERVED HALF OF THAT BEFORE OR
IS EVEN ELIGIBLE. SO IT WAS IT
WAS A A DEAL APPARENTLY BOTH SIDES AGREE BENEFIT BOTH SIDES. >> ALSO THIS YEAR UP RIGHT AT
THE BEGINNING OF
THE TRIAL. HAVE THE DEFENDANT
ELECTED TO GO TO THE JUDGE OR
JURY FOR PUNISHMENTS.
>> WE SAID THE JURY WOULD TALK
BUT HE DID ELECT RIGHT TO BUY
SERIES KNOW WHY.
KIND OF SURPRISES ME IT SEEMS
LIKE USUALLY AS WE DO THESE
EVERY
WEEK NOW ON CASES LIKE THIS
THEY USUALLY GO TO THE JUDGE
FOR IT IT REALLY DEPENDS IT
DEPENDS ON THE JUDGE AND HOW
THEY HOW THEY VIEW THE JUDGE
HOW THEY VIEW THEIR CHANCES.
BUT IN THIS CASE WE COULD NOT
HAVE HAD THIS YOU HAVE TO GO ON
TO THE JUDGE FOR A PUNCH.
BUT THE ONLY WAY THEY COULD
HAVE THE THE THIS OF
POST CONVICTION AGREEMENT A
PLEA PLEA AGREEMENT WAS HAD
ELECTED GO TO THE JURY FOR
PUNISHMENT. SO IF HE CHOSE TO
GO TO
THE JUDGE THAT WOULD HAVE BEEN
ON OFF THE TABLE IT WOULD