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CNN NEWSROOM

Ariel Castro Sentenced; Discussion of the Case and Sentence

Aired August 1, 2013 - 13:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


MICHAEL RUSSO, JUDGE: So here we're dealing with the issue of the consecutive sentences. And under Venice, our court of appeals has made clear the court must make separate findings. And that's our practice anyway. And so I have to determine whether a consecutive sentence is necessary to protect the public from future crime or punish the offender and I must determine that the consecutive sentences are not disproportionate to the seriousness of the offender's conduct and the danger the offender imposes to the public, and then the court must make a finding. There are three alternatives. And here, the one that I will focus on, is "At least two of the multiple offenses were committed as part of one or more courses of conduct and the harm caused by two or more of the multiple offenses so committed is so great or unusual that no single prison term for any offenses committed is part of any of the courses of conduct adequately reflects the seriousness of the offender's crimes."

So with respect to the plea agreement where the parties recommended to the court that there be consecutive sentences imposed for certain of the counts in the indictment, based upon the information presented here as well as the sheer number of the offenses, the instances not just where the victims were initially, through subterfuge, imprisoned but the subsequent kidnappings where they would be taken to the garage for a period of time because you had company or they would be allowed out but only for a brief moment or they would be taken from one room to the basement and brutalized or restrained other than just the normal conduct where our court of appeals or the state of Ohio says we should have an allied defense. And those have been dealt with already in the plea agreement. Those were taken out of this consideration and state dismissed those charges and they would not be an issue about allied defenses.

But in this instance, court finds that the many, many instances of sexual assault, both rapes, the GSIs, as well as all the kidnappings and the felonious assault and the agg murder make it necessary that a consecutive sentence be imposed to protect the public from future crime and to punish you. I still feel, based upon the information that you have provided to the court as well as information from others, that you feel that you are a victim and that you may have been a victim in the past during your childhood. I don't know. But from the time of your majority, you have not been a victim. You have been a victimizer. And the three young women should never have had anyone trick them into captivity for an hour, not even a moment. They should have been free to live their lives as everybody else in greater Cleveland, to enjoy all of the wonderful things that our area has to offer. They shouldn't have been locked in a house, padlocked in, in deplorable conditions. It shouldn't have happened. OK? So you should receive punishment for harming them in that way.

The court finds consecutive sentences are not disproportionate to the seriousness of your conduct and to the danger that you pose to the public. You didn't just do this once. You did it to three young women. And at various times, you took advantage of one or took advantage of others, all in really horrific conditions and inhumane ways. And as you are here and you say that you really couldn't help this -- and essentially that's what you were saying to the court -- that lack of insight means to me that you are still pose a grave danger to the community if you were to receive anything other than consecutive sentence. You don't deserve to be out in our community. You're too dangerous because, in your mind, you're a victim, again, as opposed to those who actually did suffer the victimization.

With respect to 3B, the court finds at least two of these multiple offenses were committed as part of one or more courses of conduct. You went out, you hunted for one woman, or you said that you just had not made this plan, formulated it. All right, so if you abducted Ms. Knight and that wasn't your initial intention when you were driving that day, fine, but given that circumstance, then you went on and did hunt for two others. And you never released Ms. Knight. You didn't release anybody. I don't know what the end game here was. I don't know that you had any plan. You committed all of this as part of one or more courses of conduct, three women, three uses of subterfuge, to get them into your house and you did not release them. And then further, you physically and sexually abused them.

The court also finds that the harm caused by your multiple offenses, the restraints, GSIs, the rapes, felonious assaults, was so great, or unusual -- and this certainly goes in both categories -- the pain that they suffered, particularly Ms. Knight, was unbelievable. And similarly, I believe in the information, she suffered in a way that was similar to what was visited upon your ex-wife when she was struck. But the harm here is also so unusual that -- in a completely negative sense, that you took three young women out of their significant relationships they had with their family and their community and their entire lives and you made them slaves and you treated them as if they were not people, that they were just sex objects. We have a lot of cases now coming before this court about human trafficking. This is really, in the way it was conducted, no different, and equally sad.

So court finds no single prison term for any of these offenses that you committed as part of these courses of conduct would adequately reflect the seriousness of your conduct unless the court imposes consecutive sentences. So that being said, in addition to serving a sentence of life without parole, for count 1, the court is also imposing consecutive sentences of minimum mandatory of 10 years to a lifetime sentence to counts 44, 45, 46, 296, 297, 298, 320, 321, 322, 4, 41, 43, 48, 50, 52, 54, 56, 58, 60, 62, 64, 66, 68, 70, 72, 74, 76, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96, 98, 30, 300, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 3, 40, 42, 47, 49, 51, 53, 55, 57, 59, 61, 63. And then consecutive terms of 10 years to all of the aforementioned counts, for each of counts 11, 14, 18, 20, 23, 25, 28, 30, 32, 34, 36, 38, 101, 108, 110, 112, 114, 116, 118, 120, 19, 24, 29, 31, 33, 35, 37, 39, 109, 111, 113, 115, 117, 119, 121, 251, 314 and 317. Those counts that I've just mentioned will all be served consecutively to count 1 and to each other.

We do have and received from this court an aggregate set of incarceration to be served of life without parole consecutive to what amounts of a sentencing of 1,000 years to life.

Do you understand that sentence, Mr. Castro?

ARIEL CASTRO, ON TRIAL FOR KIDNAPPING: Yes, I do, Your Honor.

RUSSO: So the court has reviewed and accepted the plea agreement and the recommended sentence. I don't see any further purpose in going beyond life without parole, 1,000 years. A person can only die in prison once. Certainly you will receive a sentence that is commensurate with the harm you have done, but one that also accomplishes the sentencing principles and the purposes here in Ohio.

There will be an order of forfeiture for the firearm, the home at 220 Seymour Avenue, and $22,268.83. All of those items will be forfeited by virtue of this sentencing today. The court also is imposing a fine of $100,000 in this matter. You do have property, separate and apart from the house. And for count 1, 3, 7, 8, 9, the court is imposing the maximum fine on those counts, which totaled together equals $100,000. You'll also have to pay the court costs. We are here only because of your actions, misguided, despicable as they may be. You'll receive credit for time served of 87 days.

In this matter, for the felonies in the first degree that I mentioned, all the rape charges, all of the kidnapping charges that I have outlined for you that you have consented to by virtue of the plea agreement, for felonies in the first degree, you will be subject to five years mandatory post-release control, which means the adult parole authority will supervise you for a five-year period after any release from prison and you would be required to do. So if you violated their rules, the parole authority could send you back to prison to do additional time, up to one half the time the court just imposed.

Is that clear that the function and the effective PRC?

CASTRO: Yes, sir.

RUSSO: Now, for the felony assault charges, those are the only felonies in the second degree. But for felonies of the second degree or offenses of the third degree where there is a serious physical harm, you are subject to three years mandatory post-release control again. And if it were to happen that you would be released, the adult parole authority would be required to supervise you for three years mandatory on those charges. If you violate their rules, they can send you back to prison to do additional time, up to one half the time I imposed on the felonies in the second degree.

Is that clear?

CASTRO: Yes, sir.

RUSSO: And also that would apply to the two counts of endangering children.

For the possessing criminal tools count, you'd be subject to three years discretionary post-release control. If you don't, the adult parole authority, if they supervise you on that count, would be for three years. If they chose to do so, again, they could impose the sentence up to one half the original time for your failure to comply with their rules. If they did supervise you and if you did not report, you would be charged with escape.

Is that clear?

CASTRO: Yes, Your Honor.

RUSSO: And you're serving time on fourth-degree felonies of gross sexual imposition. Those also carry mandatory five-year period of post-release control that I described to you for the kidnapping and the rape charges.

Do you understand those?

CASTRO: Yes, sir.

RUSSO: And -- (INAUDIBLE) -- the PRC.

UNIDENTIFIED FEMALE: (INAUDIBLE)

RUSSO: Mr. Castro, as mentioned at your plea, it may seem nonsensical that I have to advise you of eventualities not to be but the law requires it.

Any claim for restitution, any information? I don't have any before me.

UNIDENTIFIED ATTORNEY: We do request no contact order with all victims.

RUSSO: I haven't gotten there. That's next. Thanks.

But you have talked -- in addition to the funding that's being done privately, you talked with the victims about the Victims of Crime Fund?

You will?

UNIDENTIFIED ATTORNEY: Yes.

RUSSO: OK.

And, Mr. Castro, you are to have no contact with your victims. Don't send them letters. Don't make phone calls. Don't have others contact them. They have requested, after this proceeding, to go back to the lives they formerly enjoyed, not anonymous, just not celebrities. They are certainly not anonymous. They were people that had vast connections in the Cleveland community and they want to reintegrate and renew those and expand them. But they would also like their privacy. So you will not be permitted to contact them. Is that clear? Yes?

(CROSSTALK)

RUSSO: Do you understand that requirement?

CASTRO: Are you referring to my daughter also?

RUSSO: Yes. She is a victim. She is subject of three counts of endangering a child. But by law, she is a victim.

CASTRO: I know, but if heard the attorney say that I can file for parental rights.

RUSSO: Well, as in many other instances, a person can file. Whether they will be successful is a different matter and it would take place in a different court. It does not involve this court.

I am imposing a no-contact order. You should not try to contact them from the institution. OK?

CASTRO: Yes, Your Honor.

RUSSO: Now, Mr. Castro, you have been afforded under law an extraordinary number of rights, and they're rights guaranteed to all of those that come into the courtroom. And it is part of the strength of our system is that no matter what has occurred between everyone civilly, in our country -- do you understand that under criminal rule 32, you have a right to appeal? If you're unable to pay the costs of appeal, you have the right to appeal without payment. If you're unable to obtain counsel for an appeal, counsel will be appointed without cost. If you are unable to pay the costs of documents necessary to an appeal, the documents will be provided without cost. And you have a right to have a notice of appeal timely filed on your behalf.

Do you understand that?

CASTRO: Yes, Your Honor.

RUSSO: Anything further on behalf of the state?

UNIDENTIFIED ATTORNEY: Other than we note our objection to the appeal time.

RUSSO: That's a contract issue.

(CROSSTALK)

RUSSO: OK. I think we understand that.

(CROSSTALK)

UNIDENTIFIED ATTORNEY: Thank you for all the work you have done.

RUSSO: Thank you. Mr. (INAUDIBLE), does counsel have anything further?

UNIDENTIFIED ATTORNEY: Yes. Thank you, Your Honor. We just expect we'll be filing a motion for return of some of the items and we'll present an order by tomorrow morning.

RUSSO: Those are family photo albums?

(CROSSTALK)

RUSSO: There's clothing and some motorcycles?

UNIDENTIFIED ATTORNEY: Yes. Two cars and motorcycles.

RUSSO: All right. And, Mr. (INAUDIBLE), you review that. If you have no objection, the court will enter an order. Correct.

UNIDENTIFIED ATTORNEY: (INAUDIBLE).

RUSSO: Counsel, anything else on behalf of either party?

UNIDENTIFIED ATTORNEY: No, thank you, Your Honor.

RUSSO: All right.

Mr. Castro, would you rise, please?

Sir, there's no place in this city, there is no place in this country and, indeed, there is no place in this world for those who enslave others, those who sexually assault others and those who brutalize others. For more than 10 years you have preyed upon three young women. You subjected them to harsh and violent conduct. You felt you were dominating them. But you were incorrect. You cannot take away their dignity. Although they suffered terribly, Ms. Knight, Ms. DeJesus and Ms. Berry did not give up hope. They have persevered. In fact, they prevailed. These remarkable women again have their freedom, which is the most precious aspect of being in America. Mr. Castro, you forfeited that right. You now a member of the Department of Rehabilitation and Correction. You will be confined for the remainder of your days. You are remanded for transport to Lorraine (ph) Correctional Institution.

Now, for Ms. Knight, Ms. DeJesus and Ms. Berry, as well as with her young daughter, we celebrate your futures. We acknowledge the faithfulness of your families, your friends and all others in this community who so firmly believed that you were alive. On behalf of the judges and the staff of this court, we wish each of you success and a sense of peace.

We're adjourned.

Thank you.

UNIDENTIFIED ATTORNEY: Thank you, Your Honor.

RUSSO: You're welcome. (CROSSTALK)

WOLF BLITZER, CNN ANCHOR: So there you saw Ariel Castro walking out. There you see Michelle Knight. What a powerful young woman, indeed. The statement she made was amazing. All of us were riveted. The judge, Michael Russo, announcing that the sentence, life in prison without the possibility of parole plus 1,000 years. The sentencing, a dramatic moment ending -- ending this.

We'll move on. Pamela Brown is standing by. She's in Cleveland, covering this from the very beginning. Senior legal analyst Jeffrey Toobin, is here from Philadelphia; criminal defense attorney, Danny Cevallos.

I'm Wolf Blitzer. Here in the CNN NEWSROOM, we want to welcome our viewers in the United States and around the world.

What a powerful, dramatic day.

Pamela, walk us through some of the most compelling testimony moments of this hearing today.

PAMELA BROWN, CNN CORRESPONDENT: Oh, it was truly just chilling, Wolf, to hear some of the testimony, to hear the people who came up and gave the information about what Ariel Castro did over the past 10, 11 years to these young women.

But the most powerful moments of today, of course, when we heard Michelle Knight, Ariel Castro's victim, go up there and face her victim head on and speak.

Of course, it was incredulous to hear Ariel Castro speak. I have to tell you, after covering this story from the very beginning, I was shocked to hear what he had to say. It was really mind blowing to hear him explain why he did what he did. In fact, he basically said he knows what he did was wrong, but he justified his actions, even denied physically and sexually assaulting the women. He even went as far as to say he lived in harmony with the women. It was shocking.

At one moment, he turned around and apologized to Michelle Knight who was sitting right behind him. It was a very powerful moment. She sat there and exhibited amazing strength. This was after she had already gone up there to face him head on and spoke to him about how -- what an emotional toll the experience took on her.

Here's what she had to say.

(BEGIN VIDEO CLIP)

MICHELLE KNIGHT, KIDNAPPING & RAPE VICTIM: Ariel Castro, I remember all the times that you came home talking about what everybody else did wrong, and act like you weren't doing the same thing. You said, "At least I didn't kill you." But you took 11 years of my life away. And I have got it back. I spent 11 years in hell. Now your hell is just beginning. I will overcome all of this that happened. But you will face hell for eternity. From this moment on, I will not let you define me or affect who I am. I will live on. You will die a little every day as you think about the 11 years and atrocities you inflicted on us. I think of you hypocritically going to church every Sunday, coming home to torture us. The death penalty will be so much easier. You don't deserve that. You deserve to spend life in prison.

I can forgive you, but I'll never forget. With the guidance of God, I will prevail and help others that have suffered at the hands of others. Writing this statement gave me the strength to be a stronger woman. And know that there's good -- there's more good than evil. I know that there's a lot of people going through hard times. But we need to reach out a hand and hold them and let them know that they're being heard. After 11 years, I am finally being heard, and it's liberating.

Thank you all. I love you. God bless you.

(END VIDEO CLIP)

Brown: As you can see, very emotional there for Michelle Knight. Wolf, I saw her crack a little bit of a smile once the sentencing ended. You can imagine the sense of relief she feels now knowing Ariel Castro is going to jail for the rest of his life.

The other two victims, Amanda Berry, Gina DeJesus, were not there, but they were represented in court -- Wolf?

WOLF: Pamela, stand by.

Jeffrey Toobin, Danny Cevallos, quick reaction from you.

Jeffrey, a lot of people who were watching probably saying this monster deserved the death sentence, but that's not happening.

JEFFERY TOOBIN, CNN SENIOR POLITICAL ANALYST: It's not happening. It's not entirely clear he even would have been eligible for the death penalty. But also what I think a lot of people don't realize is the taxpayers of Ohio get a better deal this way. These legal proceedings are over. If this were a death penalty case, this would cost millions and millions of dollars and would last for years and years. Fortunately, we will never see or hear from Ariel Castro again. He's gone. This legal case is over. That will save the taxpayers a lot more money than the death penalty case would.

WOLF: The taxpayers, though, Danny Cevallos, they're going to have to take care of this guy for the rest of his life. He's still in his mid-50s. Presumably, he's got several decades left.

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY: Yeah. If these taxpayers were offended or shocked at Ariel Castro's statements today, well, let me tell you, welcome to the world of criminal defense. Any criminal defense attorney will tell you that the prisons are full of people who believe in their own mind that they are the protagonist of their story. That's the human mind's ability to self-justify. We're seeing it with someone like Ariel Castro, who had the unmitigated gall to say they had consensual sex with him or that he was not a violent person. Even pulling a move I've seen many times, which is to interrupt the judge and say, I'm only pleading guilty because I'm helping -- I'm saving them the horror of a trial, I don't agree that these things happened. This is common stuff with criminal defendants.

For those of you that are shocked, unfortunately it's the way of life in criminal defense.

WOLF: What an amazing, amazing story.

Jeffrey Toobin, you'll be back with me later in "The Situation Room."

Danny Cevallos, you will be as well.

We'll continue our special coverage. I'll see you later today.

Brooke Baldwin will pick up our coverage right after this.

(COMMERCIAL BREAK)