Judge's comment about 'always' imposing 60-year murder sentences requires resentencing, court says
A murder defendant is entitled to a new sentencing hearing because of remarks by the judge who sentenced him, made in an unrelated case, the New Jersey Supreme Court has ruled.
The April 7 decision overturned the 60-year sentence imposed on defendant Patrick McFarlane, who was convicted of first-degree murder for killing and robbing a man in 2008. The New Jersey Law Journal (sub. req.), NJ.com, the Associated Press, NorthJersey.com and Reuters covered the decision (PDF).
The New Jersey Supreme Court said resentencing was required because the trial judge, Robert Billmeier, said in an unrelated case that he “always” imposes a minimum 60-year sentence for first-degree murder. “You can check my record,” Billmeier said.
Billmeier had sentenced three other murder defendants to 60 years in prison. One of them, Lamont Richardson, persuaded an appeals court to order a new sentencing hearing in his case. On remand, Billmeier said his remark was inappropriate, and he does not give predetermined sentences. Billmeier said he uses a five-page worksheet to assess aggravating and mitigating factors, and makes an individualized determination in any case.
“While we acknowledge the judge’s subsequent explanations for his remarks, preservation of the public’s confidence and trust in our system of criminal sentencing requires that the matter be remanded for sentencing by another judge,” the New Jersey Supreme Court said.
