Good opinion piece from the Miami Herald:
Posted on Thu, Jun. 18, 2009
Donte' Stallworth settlement sets the value of victim's life
By FRED GRIMM
fgrimm@MiamiHerald.comDonte' Stallworth does 30 days. And walks.
In a sentencing process that grants peculiar deference to the victim's families, it's good to be a rich professional football player.
Stallworth pleaded guilty to DUI manslaughter, a crime known to ring up a decade or more in prison if a victim's family brings outrage and grief into the courtroom.
Less than three months ago, a Broward judge sentenced David Whiting, 50, to 35 years for DUI manslaughter after relatives of his victims, a corporate CEO and his young daughter, testified about their devastation.
The mother of the woman killed by Shelly Goldman, 34, in a 2004 collision in Coconut Creek, submitted a written statement, ''Every time I go by the crash scene, another part of me dies.'' Goldman was sent off for 17 years.
A TOUGH SENTENCE
Ramón Antonio Ovalles, drunk, crashed into a minivan, killing two, including a 10-year-old boy whose parents came into the Miami courtroom demanding a tough sentence. Ovalles got 12 years.
South Florida DUI manslaughter convictions can bring life, or 85 years, or, if you're rich, 30 days. And victims' families have been granted ever-increasing influence.
Carla Wagner, just over the legal blood-alcohol limit and distracted by her cellphone when she slammed into a young skateboarder in Pinecrest in 2001, seemed no more culpable than Stallworth, who was well over the limit when he struck Mario Reyes on the MacArthur Causeway.
But the influential family of Wagner's victim, Helen Marie Witty, an appealing 16-year-old honor student, had come to the courtroom demanding justice. Wagner's prison time exceeded Stallworth's sentence by 1,798 days.
The Miami Herald's David Ovalle explained the disparity in a single sentence. Stallworth, he wrote, ``also has agreed to pay an undisclosed civil settlement to the Reyes family.''
It's as if the prosecution acted as the family's agent. ''It's not about the people outside of the circle,'' Miami-Dade State Attorney Katherine Fernández Rundle insisted Tuesday. ``This is what the family wanted.''
But this wasn't a private matter. Stallworth committed a crime against society. We're supposed to decide. Not the family. At least that used to be the case. Wayne Logan, a Florida State University law professor and the expert on ''victim impact evidence,'' said the concept evolved from a 1991 U.S. Supreme Court decision allowing victim testimony.
RIGHT TO TESTIFY
Florida law now gives victims the right to testify at any felony sentencing about ``the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime.''
Last year in Miami-Dade, the family of a young murder victim vetoed anything less than a 40-year sentence for Michael Hernandez, who was 14 when he stabbed a young school mate. Yet in Broward, the parents of 17-month Shaloh Joseph agreed to an 18-month sentence for her 12-year-old killer.
And what about cases in which no one speaks for the victim?
''The danger lies in the potential inequality of the sentences,'' Professor Logan said. ``And one life becomes more valuable than another.''
In Miami, the value of one victim's life was set at ``an undisclosed civil settlement.''