As of now, Marci Kitchen faces either 11 years which is what the prosecution wants or 10 years 1 month which is what the defense wants. It is a "point of contention"said Judge Kaleb Cockrum.
The mid term cap of two years, agreed as part of the conditional plea, does not apply to all counts and special allegations. If the Judge decides to sentence her to the maximum, Marci Kitchen can refuse the plea deal and the case can proceed to a jury trial.
Custody hearing is on September 4. Sentencing September 18.
Special allegation in Count 3 was amended to 12022.7 (a). I reached out to Deputy District Attorney Stacey Eads to get more clarification.
"One of the Great Bodily Injury allegations attached to count 3 (VC 23153(a)) was amended from 12022.7(b) to 12022.7(a). This was for the GBI to Faith." Ms. Eads told me. "The evidence would not have proven the 12022.7(b) allegation because we would have to prove that for a period of time that she was comatose or paralyzed. Somewhat counter intuitive that we’re left with the enhancement that carries a lower term only because she was deceased at the scene. Investigation, evidence, extensive legal research and consultation with expert left us with the only legal option being to modify. "
Only seven people were there for Marci Kitchen, this included her parents and Josh and Mel Pearlston. The rest of the courtroom was packed with Kitchen and Tsarnas family. Before anyone else was allowed in the courtroom, Marci Kitchen and her attorney went through a separate entrance and entered the courtroom after everyone was seated.
This is the first time in a while, Jeff Tsarnas, Faith Tsarnas' biological father was present for a court hearing. Joe and Jevin Kitchen as well as Faith Tsarnas' stepfather Mark and mother Stephanie Baldwin, many of Faith Tsarnas' siblings and step siblings, her aunts and uncles from the Marchi family were in attendance. Several supporters and friends from both families were present.
Marci Kitchen in a shaky voice softly answered Judge Kaleb Cockrum's questions with "yes your honor"," no your honor". Marci Kitchen's mother sobbed in the courtroom as Judge Cockrum advised Marci Kitchen of her rights and explained the court proceedings.
Stephanie Baldwin, Faith Tsarnas' mother was crying. Faith Tsarnas' sisters Elizabeth Tsarnas and Kirsten Foley clasped hands as they sat through the court proceedings.
Despite two passionate statements from Deputy District Attorney Stacey Eads and Ms. Heidi Holmquist Wells, Judge Kaleb Cockrum denied the People's request to remand Marci Kitchen today and the request for no bail. He set a custody hearing for September 4 at 8:30 a.m.
Ms. Eads mentioned why Marci Kitchen was a flight risk, that she covered and concealed her crime and traveled while out of custody.
Ms. Heidi Holmquist Wells (speaking on behalf of Joe and Jevin Kitchen) stated was 770 days since Kiya Kitchen and Faith Tsarnas' deaths and it took that long for Marci Kitchen to take responsibility. Ms. Wells also brought up that Marci Kitchen could flee facing a decade in prison.
Input from victims and probation report and law will impact the final sentence. This is a conditional plea. The Judge explained the factors that he would consider in making his decision. He does not have the probation report the statement of mitigation, the sentencing memo. Even if the attorneys broke the time down count by count, the conditional plea is not the final until Marci Kitchen is sentenced.
If you read my previous post about the pleading for lighter sentence this weekend or the post before that which lists the counts in this case and range of penalties, a lot of today's hearing is not new information.
Judge Cockrum explained that factors of aggravation such as "multiple victims", "the victims being particularly vulnerable" as well as factors of mitigation such as no prior record will all be factors he will consider in his decision.
Three factors that will not change are what the court considers the principal term; whether there are lesser included offenses and that "only a single act be punished." For more information on this, here is a link to felony sentencing in California.
https://www.wklaw.com/practice-area/felony-sentencing/
11 years isnt enough. She just took the easy way out. Not enough justice for these girls
ReplyDeleteI agree, this makes me mad anyone else would of gotten life.
ReplyDeleteShe'll run. All those trips to Mexico and Colombia were to set up a new life for herself.
ReplyDeleteWow! Just Wow!!!
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