If only the punishment could fit the crime.
I agree Fred, but this is the way I look at it.
I'm not so sure it would have been a slam dunk on the first degree murder charge which would have been a life sentence without parole. The reason I say this is, (and it's all speculation).........
Initially when Ortiz was arraigned in Leominster, he was charged with "assault to rape" That was the last I heard about a rape/attempted rape charge. He was arraigned in Worcester on "first degree murder." I'm not sure if the rape kit showed any of his DNA, and without that, a rape, or attempted rape charge may have been hard to prove.
If someone dies during the commission of a felony, that's "first degree murder." That''s true even if the person dies accidentally. So if he had raped her or attempted to rape her, and she died, he would have got lwop. It may/may not have been hard to prove he "attempted" to rape her. Her shorts were pulled down, but could that have happened during the struggle? There were only two people there, and one is dead. Otherwise, the state would have had to prove he "intended" to kill her before he did in order to obtain a first degree murder charge. If they failed, he may/may not have been found guilty of "second degree murder", which could also carry a life sentence, but with eligibility for parole. He could have been released from prison in ten years. Let's not forget, he may have been found not guilty and walked. So they added the "unarmed robbery" charge and claimed he intended to rob her, took her phone, and she died during the commission of the felony, making the first degree murder charge stronger.
I wouldn't consider 20 years a light sentence for stealing someone's phone unarmed. And with that 20 years being consecutive with the second degree murder charge, he'll be in his mid 70's before he's eligible for parole.
We may never know, but I wonder if they ever found her phone. I know they searched days for evidence in those woods, My guess is they found it and found his DNA on it, proving some animal didn't walk off with it. but once again, it's all just my speculation. Maybe months later he was still in possession of the phone? A trophy?
He admitted to killing her, so it's not like an innocent man is going to prison, and now that he's confessed and no longer assumed innocent, I'll say the animal is where he belongs, and will be for a very long time.
