Good morning from Gallatin County District Court. Today, Judge John Brown is scheduled to sentence Charles Rickett, 26, for kidnapping, intimidation and escape.
Rickett was just brought into the courtroom while another defendant gets sentenced. His victim, Diana Furuholmen, walked in seconds after.
Unlike at trial when he wore a buttoned shirt & khakis, Rickett is wearing jail uniform - orange top, blue pants.
Rickett's sentencing is scheduled to start at 10 a.m. But Brown is still sentencing a man for a felony DUI.
A couple of other cases that were supposed to go before Rickett's are being continued.
Judge John Brown now starting Rickett's sentencing hearing.
Charles Rickett is represented by Steven Scott, who said he filed a motion this morning for a new trial in this case.
Scott said they could move forward with sentencing today despite his motion requesting a new trial.
Gallatin County Chief Deputy Eric Kitzmiller said Scott gave him the motion for a new trial about 10 minutes ago. He will have 2 weeks to respond.
Scott said that his request for a new trial comes after Rickett's victim Diana Furuholmen requests restitution for things that Scott said state showed no evidence of.
Scott said he hasn't reviewed the pre-sentence investigation report because he didn't receive it until Monday.
Brown is going to allow Rickett and Scott to review the pre-sentence investigation in the jury room. Brown is proceeding with other cases in the meantime.
Rickett and Scott have returned to the courtroom. However, Brown is taking a recess pending another case.
Waiting, waiting, waiting. Brown is doing a change of plea for another DUI case prior to restarting with Rickett's sentencing.
Rickett's sentencing is now getting back underway after Brown gave him time to review the pre-sentence investigation.
Attorneys will not be having any testimony in this sentencing.
Ktizmiller is now giving his recommendation for sentencing.
Kitzmiller is going over Rickett's lengthy misdemeanor and felony criminal history.
Kitzmiller: I believe that the offenses involved in this matter are violent in nature.
Kitzmiller: Rickett threatened to kill Diana Furuholmen, to burn her house down. Rickett has a history of alcohol abuse.
Kitzmiller: Rickett's crime has had a significant and negative impact on Furuholmen. She has lost her sense of safety in her own home. she has changed the way she goes about living her life on a day to day basis.
Kitzmiller: This behavior of Mr. Rickett has had a significant and will have a long lasting impact on Ms. Furuholmen.
Kitzmiller requests 40 years in the Montana State Prison.
Specifically, Kitzmiller requests that Rickett be sentenced to 40 years for each of the three felonies and that those sentences run concurrently.
Kitzmiller also asked that Rickett's sentence run consecutively with any other sentences he's currently service.
Defense attorney Steven Scott now delivering his recommendations.
Scott: My client did not exactly have it a Leave It To Beaver type childhood. Rickett was in foster care from ages 7 to 18.
Scott: I don’t think anybody ever really cared about Charles. I don’t think anyone gave a damn about Charles.
Scott: Rickett’s been locked up since 2007. He’s going to be institutionalized and he’s never going to get to be a productive member of society.
Scott: While we respect the jury’s verdicts in this case, we very respectfully disagree with the jury’s findings on kidnapping and intimidation charges.
Scott: Asks for minimum of five years for escape charge. Admitting that. But can't give recommendation on other charges because they disagree with convictions on other charges.
Rickett is now addressing the court.
Rickett: Because of my actions, I’ve caused a lot of hurt.
Rickett: I understand the state’s seeking a long term of incarceration…I haven’t lived the right life.
Rickett: I ask that you sentence me to a term where I have a chance to rehabilitate.
Brown now delivering his sentence.
Brown is re-hashing the details of the counts Rickett was charged with.
Brown: While Mr. Rickett did not seriously physically injure Furuholmen, he did terrorize her as found by the jury with cruel and sadistic acts. These actions will have a lasting effect on Ms. Furuholmen.
Rickett asked to rise while Brown gives his sentence.
SENTENCE: Aggravated kidnapping - 40 years in the Montana State Prison.
Intimidation - 40 years in Montana State prison.
Escape - 40 years in the Montana State Prison.
All three counts will run consecutively, making it a 40-year prison sentence.
Strike that. Brown spoke wrong and corrected himself. Sentences to run CONCURRENTLY, not consecutively.
The sentence Brown handed down is to run consecutively with any other sentences Rickett is currently serving in other cases.
Rickett stood still and looked right at Brown during the sentencing, showing no emotion whatsoever.
Brown also orders that Rickett pay $532 in restitution and have no contact with Furuholmen.
Rickett will receive credit for 271 days previously served.
That'll do it here in Gallatin County District Court. Look for my full story on today's sentencing to be posted on bozemandailychronicle.com shortly.