Nelson tries to postpone his own sentencing, goes on a fantasy rant; sentenced to life in prison with an additional 20 years

Defendant: William Nelson
Judge: Marilyn Miles
Courtroom 2
Prosecutor: Kelly Neel
Defendant's attorney: Greg Elvine-Kreiss

Interrupting the procedure for his own sentencing and despite repeated efforts and explainations by Judge Miles that there was no legal cause shown to delay sentencing, William Nelson caused yet another scene in the Courtroom today.

He called his trial a sham, he ranted on about his attorney with the same accusations he made during closing arguments in his outburst and when he got to speak, which is his right, he strung together sentences with unrelated legal words and rambled on.

Calling the prosecution malicious, accusing his attorney of being in cahoots with the DA's office and yelling at Sheriff's investigators resulted in naught.

Even before his case was called, Nelson wearing glasses and clutching a manila folder with papers shook his head and whispered into Mr. Elvine-Kreiss' ear.

Mr. Elvine Kreiss's did file a motion on behalf of Nelson and before the sentence, Judge Miles denied the motion saying "the verdict was not contrary to law or evidence."

This is one example where no matter what Mr. Elvine-Kreiss did, Nelson accused him of not doing his job.

Both attorneys were asked if they were ready to proceed with sentencing. At this time, Mr. Elvine-Kreiss said his client just told him that he wanted to postpone the sentencing.

When Judge Miles asked Nelson why, he said, "Kelly Neel is lying... Todd Fulton is lying...they are controlling evidence." Just accusations and getting upset. Mr. Fulton is an investigator with the Sheriff's office.

At this point Judge Miles responded to Nelson that the jury trial was over. He did have a right to appeal his conviction after sentencing. She told him there had been " no good cause shown for postponement."

Completely ignoring the Judge, Nelson went on to rant about his attorney making more wild accusations.

Again, the Judge patiently explained he could address the Court before his sentence but explained he was not giving legal cause to postpone the sentence.

Judge Miles stated her tentative decision of denying probation and sentencing Nelson to prison for life for attempted homicide of a peace officer with the possibility of parole. She gave him an additional consecutive term of 20 years for the special allegation of discharging of a firearm.

The attorneys got to speak next. " There is not much for the People to say," said Ms. Neel. "This is a mandatory sentence. This is something that did not have to happen. Mr. Nelson does not want to take responsibility for his conduct."

Mr. Elvine-Kreiss petitioned the court regarding his client's finances and asked for reduction of restitution.

Then Nelson got his say. "I stand before the court a deeply troubled man. I am being sentenced for a crime I did not commit." For the next 20 minutes, Nelson went on a fantasy rant screaming at the attorneys and DA and Sheriff staff in the room. He claimed he was "ambushed by two deputies while he stood in his underwear" and made more unsubstantiated claims about evidence tampering.

Nelson spoke about himself in the third person while reading notes. He accused his attorney of not filing an appeal. Once again, the Judge explained an appeal can only be filed after she has sentenced him.

Before making her final decision, Judge Miles responded to Nelson. "Many of your comments have to do with testimony during trial." She told him defendants and prosecution can have different perspectives but ultimately the jury decides who and what they believe. "Some of what you raise could be accurate but a lot of your issues have to do with your spouse and what we are here for today is the issue of your shooting a peace officer."

Restitution, fines, return of some property was discussed. Once the sentence was finalized, Mr. Elvine-Kreiss did submit an appeal on behalf of Nelson.

If Nelson is paroled, it will only be for 5 years. He cannot possess a firearm or ammunition. Since the trial is over, the Judge lifted the "gag" order on the case.


I just did a post around 1 p.m. today with background and links.