When you are facing significant criminal charges with nothing to lose, who would you write a letter to? Many defendants are using their time pending sentencing to write to the judge overseeing their case, all in an effort to beg leniency for their offenses. “Most defense attorneys, I think, would view this kind of correspondence, if done effectively, as a kind of sentencing chicken soup,” says Douglas A. Berman, a sentencing law expert at Ohio State University. “We’re not sure if it’s going to help, but it certainly can’t hurt.”
Christopher M. Coke, convicted of conspiracy and accused of atrocious crimes during his time as a brutal Jamaican drug lord, recently sent a seven page letter to Federal District Court Judge Robert P. Patterson Jr. In it he outlined why he deserved a lenient sentence (he is facing up to 23 years). He cited missing his son, his possible deportation, and a recently dead mother all as reasons why he should be granted mercy. Time will tell if his writing style spoke to Judge Patterson’s heart.
According to the NY Times, Coke ran a massive drug ring on the small impoverished island, ordering murders and beatings and even reportedly killing someone with a chain saw. Coke is not the only one sending letters though. One woman, who is said to have lost her son to Coke’s violent ways, wrote to Judge Patterson asking that he be put away for as long as possible, calling him the “Hitler of the Caribbean”.
Another high profile case involving a defendant who penned a letter to the judge was that of Mark S. Dreier, an attorney who pleaded guilty to fraud. He wrote his judge a four page letter expressing his remorse and admitting he deserved a “significant prison sentence.” At sentencing, the judge mentioned the letter and sentenced Dreier to 20 years, when the prosecution was hoping for a 145 year sentence.
Can the letters help? Sure. But it’s not likely that they always do and depending on your writing style and sincerity, they could turn the judge off. A judge takes many things into consideration at sentencing time, including your criminal history, the crime at hand, your mental health, family situation, and even your remorse. Determining if a letter or statement from you, the defendant, will help your case at all is definitely something worth speaking to your attorney about.
About David Matson