When JS spoke to the court before her sentencing, I thought it would be an allocution. It could be her last chance to address the court and possibly influence the judge's understanding of her point of view.
Since I'm not a lawyer, I checked into what an allocution could be, and found an article in Attorney at Law Magazine, by attorney Howard Snader. (
http://www.attorneyatlawmagazine.co...er-preparing-for-your-statement-to-the-court/).
Among his points for constructing a strong allocution, Mr. Snader stated that, if sincere, an apology "is always appropriate". However, he points out that "being overly apologetic, like giving a general apology to the court, prosecutor, their lawyer, the court staff, etc., is never good."
He goes on to say that if someone claims "that they are 'taking full responsibility'" then "they should know what they mean." Snader says that if someone claims to be taking responsibility , he/she needs to make describe their own actions in the crime of which she/he has been found guilty, and acknowledge the repercussions this has had on the victim(s).
Snader further states, there should be nothing hinting of "I have seen the light". No excuses. No shifting of blame.
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Transcript of Julie Schenecker's Statement Before Sentencing
This is a first draft of my own transcript and all errors are my own. It is not an official transcript, nor is it connected in any way to any Tampa media outlets.
Julie Schenecker spoke to the court shortly after the verdict was announced on Thursday, May 15, 2014.
Judge: Emmet Lamar Battles
Defence Team: Jennifer Spradley, Jaye Duncan, Charles Traina
Prosecutor: Jay Pruner
Assistant State Attorney: Stephen M. Udagawa
EB: Then, if counsel is ready to proceed, I'm prepared to hear from counsel.
JP: Judge, ready for the state.
CT: Judge, I believe we're ready to proceed.
EB: All right. Let me, let me explain. We, we're about to proceed to sentencing that's governed by statute in this case based upon the verdict. However, I offer the opportunity for anyone from the state that they wish to present as well as anyone from the defence, and also to Miss Schenecker if she has anything to say. So I'm making sure everybody understands they have the opportunity to make any presentation or speak if they wish.
JP: The state has no testimony to present your honour.
CT: Judge, Miss Schenecker would like to speak.
EB: Yes ma'am, you can stand up.
Bailiff: Raise your right hand please ma'am. Do you swear and affirm the testimony you give will the truth, the whole truth, and nothing but the truth so help you God?
JS: So help me God.
EB: Yes ma'am.
JS: Your honour, I'm prepared. I'm prepared and I, I accept your sentence.
I apologize. I apologize to everybody in this courtroom who I have broken, whose lives I have destroyed, and I hope that they can collect, collect themselves as best as possible, all of us.
Not just this courtroom. Anybody who knew our family. Calyx and Beau. Our children's friends, teachers, coaches, our relatives, aunts, cousins, grandparents, uncles, nieces, nephews--everyone who has been so deeply affected. And I understand there are people who are affected by this that may have just read about it in the paper. Maybe a child looked at their mommy and said, "Mommy, are you ever gonna shoot me?" I know this is what happened and I apologize for what happened. For what I did.
And I take responsibility. I was there. I know. I know I shot my son and daughter. I don't know why but I have a period of time to try to understand that. Your honour, the judicial system in the United States is the best in the world. We don't lash our women a hundred and twenty-five times for driving when they're not supposed to drive.
I'm proud to stand here in front of you as I understand you might have been prior service as well. And, to serve my country, and I proudly stand the first code of conduct as a soldier. In '83, it said I'm, it-- I said, I'm an American fighting man serving in the forces which protect my country and our way of life. And I am prepared to give my life in their defence. I said that proudly. It changed, we're no longer fighting men ,we're fighting in the forces which protect our country.
It's--I trust, and I believe that--in you, what you've done. You've, you've run a great court. I.I have no experience, but from what I've seen, you, you run control the court tremendously well.
I thank my attorneys who supported me, and I trusted them, and they worked so well. And all those people behind me on my team put in many, many hours on this case. I will never be able to repay all these people. I have no way to repay, but to say thank you.
So, thank you to the entire American judicial system. I am not playing, your honour, and that is heartfelt.
EB: Thank you ma'am. Any questions from--
JS: I have one more. I know our children are in heaven. I want people to try to find comfort in the meaning, as I do, that they are in no pain, and they are alive. And, enjoying everything and anything heaven has to offer. Jesus protecting them and keeping them safe until we get there, and our loved ones follow us to join them.
That's, that's all your honour. I appreciate you allowing, letting me speak.
EB: Yes ma'am. Questions counsellor?
CT: No, Judge.
JP: No sir.
EB: Thank you. Anything else from either party?
JP: No, sir.
JD: No, your honour.
EB: Almost too much for most to comprehend what brings us here, and, regrettably, there's nothing this court can say or do that's going to bring comfort to all those who have been touched by this tragedy.
Judge Battles continues with the sentencing procedure.
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United States Military Code of Conduct
Military Rules for Prisoners of War
By Rod Powers
(excerpted by me)
"Article I
I am an American, fighting in the forces which guard my country and our way of life. I am prepared to give my life in their defence."
http://usmilitary.about.com/od/justicelawlegislation/a/codeofconduct1.htm
Further, according to this site, in order to fulfill the obligations of this code a member of the military must believe in
"* The advantages of American democratic institutions and concepts.
* Love of and faith in the United States and a conviction that the U.S. cause is just.
* Faith in and loyalty to fellow POWs."
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So, having now transcribed the statement, it seems to me that it was not an allocution--no apology to the primary victims of her brutality (Calyx and Beau and Parker). She offered a laundry list of generic types to those she seems to consider to be emotional collateral damage. By not making a personal apology to Calyx, to Beau, to Parker, she keeps it all from being real. No remorse. No humility.
Again, JMO, but it seems to me as though JS defines her life according to the structure and expectations her long ago military service. IMO, she seems to be associating herself with a prisoner of war (as opposed to a civilian prisoner), and is using her allocution to prove to the judge that she is still abiding by Article I of the CoC.
She praises the American court system. (
Your honour, the judicial system in the United States is the best in the world. We don't lash our women a hundred and twenty-five times for driving when they're not supposed to drive.)
She is convinced the United States of America upholds justice. (
I trust, and I believe that--in you, what you've done.)
She is loyal to her fellow PoWs and believes in them. (
I thank my attorneys who supported me, and I trusted them, and they worked so well. And all those people behind me on my team put in many, many hours on this case.)
It's late, and I've had a very tiring weekend, so I'm probably over-reacting, but truly I do wish it had been within Judge Battles' discretion to make those sentences consecutive rather than concurrent.
