Information Regarding Hearing for Hovey and Victim Impact Statements...

Update! (07/22/10)...Hovey has plead guilty to the charges...Sentencing Hearing is set for August 18. I will share more information soon.

Here is the link to the Chico E-R article:

http://www.chicoer.com/news/ci_15574853

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I apologize for the lengthy blog entry, however I have a great deal of information I want to share. Please feel free to pass this information along to other interested parties.

It is my understanding, based on the information I have, that the hearing on Wednesday will be at 9:30AM and will determine whether or not there has been a violation of probation, so the court may or may not allow speakers depending upon the outcome. If Hovey admits the charges or is found in violation by the court after the hearing, he will likely be scheduled for a separate sentencing date and the case could be referred back to the Probation Department to write a supplemental report. If that is the case, all of the impact statements would need to be turned in to the Probation Department at least two to three weeks prior to the sentencing hearing and will be included with the report. At the sentencing hearing, the court would hear from speakers and review any letters that are submitted to the Probation Department. A hearing at 1:30 may occur if Hovey pleads innocent to the charges, however, that is less clear (I will let you know what I find out for those that may want to attend).

The following are just guidelines but they can help organize thoughts. You may attach any internet printouts you would like the judge, DA, and Probation Officer to see (you may want to describe them in the body of your statement so they know what they are looking at).

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IMPACT STATEMENT

(WRITTEN STATEMENT)

This impact statement is the only time you may have contact with the judge.

It is a time to speak in open court about the consequences the defendant imposed on you or your loved one. It is also the only time you will be able to address the defendant. If you feel you cannot, or do not wish to speak in court, you may write a letter to the judge. This letter can take the place of an oral statement. If you wish to make an oral and a written statement, you may do so.

If you choose to make a written statement, the following outline can be used to organize it.

THE HONORABLE___________________________________________________

NAME OF COURT ___________________________________________________

CITY, STATE, ZIP CODE _____________________________________________

RE: PEOPLE vs. ______________________________________________________

CASE NUMBER: _______________________________________________

1^ST PARAGRAPH: State your name and your relationship to the victim.

2^nd PARAGRAPH: Provide the date and short summary of the incident. Include the defendant and victim’s name.

3^rd PARAGRAPH: Describe the impact this crime has had on you, your family, friends, and community. State if this crime has caused economic hardship, such as large or ongoing medical bills, funeral expenses, loss of income, etc.

4^th PARAGRAPH: Explain how you feel about a future without your loved one, or about the injuries or losses that you or a loved one must endure, and how this will impact your life.

5^th PARAGRAPH: Tell the judge what you feel is justified in the way of a penalty for this crime. If you want restitution, this is the time to request it.

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IMPACT STATEMENT

(ORAL STATEMENT)

This impact statement is the only time you may have contact with the judge. It is a time to speak in open court about the effects the defendant’s crime has had on you or your loved one. It is also the only time you will be able to address the defendant.

The following provides questions for you to answer as a way to organize your impact statement. You may choose to answer all or some of these questions, they are simply a guideline to help you organize your thoughts. REMEMBER, your statement should be one to two pages long.

YOUR NAME:

VICTIM’S NAME:

DEFENDANT’S NAME:

COURT CASE NUMBER:

SENTENCING DATE:

1. Briefly describe the crime in which you or your family member was a victim. (The judge is aware of the facts of the case.)

2. Effects of the crime on the victim/victim’s family:

(Circle all that apply)

1. Personal/Physical Injury
2. Property Loss
3. Psychological Loss
4. Financial Loss
5. Other – explain.

3. I have suffered:

(Circle all that apply)

1. Fear
2. Anxiety/Emotional Distress
3. Inconvenience
4. Humiliation
5. Frustration
6. Other – explain.

4. Explain how the crime affected your life.

5. Do you have a problem now trusting people as a result of the crime against you or your loved ones? Is your sense of safety altered?

6. Have you had trouble sleeping or have you suffered from nightmares as a result of the crime?

7. Has this crime affected your relationship with any family members, friends, co-workers or other people? Explain.

8. Did the crime against you affect anyone else in your family? How?

9. Were you physically injured as a result of this crime? (How long did the injuries last? How long are the expected to last? Did you seek medical treatment for these injuries? If yes, describe treatment received and length of time treatment was required. What changes have you made in your life as a result of these injuries?) Amount of expense incurred to date is $_________.

10. As a result of this crime, have you or others close to you sought any type of victim services, such as counseling by either a licensed professional, member of the clergy, or community-sponsored support group? If no, do you intend to seek counseling as a result of the incident? If yes, please describe type and length of treatment. Amount of expense incurred to date for counseling or therapy $__________.

11. Has this crime affected your ability to perform your work, make a living, run a household, go to school or enjoy any other activities you previously performed or enjoyed? If yes, describe loss.

12. Have you incurred personal, financial, or other losses as a result of this crime? If yes, describe the loss/losses.

13. Did the time you spent in Court disrupt your life? How?

14. Have you or your family members been threatened by the Defendant (or minor) during or after the course of the crime?

15. Do you fear for your personal safety or that of your family or others if the Defendant (or Minor) is released back into the community? Why?

16. Do you have any thoughts, suggestions, or recommendations on the sentence that the court should impose? (Prison, Jail, Counseling . . . how long?) If yes, please explain. (Ask the Probation Officer preparing the report to tell you what the penalty for this crime is as stated in the Penal Code.)

17. Express why you believe your sentencing recommendation is just.

Note: You must provide documentation to prove your losses; i.e. copies of medical bills, receipts, etc.

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COMMENTS FROM JUDGES

ON IMPACT STATEMENTS

v It is helpful if individuals write out or outline in advance what they wish to say, and then use it as a reference (avoid simply reading it).

v Keep the focus on the crime and its’ effect on the victim and their loved ones, and what the victim wants to happen to the defendant (within the scope of the law!).

v Victims are discouraged from making general negative comments about the defendant and from emotional outbursts.

v Some judges will “tune out the victim” if their statement becomes lengthy. Keep your statement under five (5) minutes in most cases.

v Most judges are persuaded by additional information about the impact of the crime upon the victim, level of danger/fear and defendant’s background (if victim knows defendant.)

v You may make your impact statement before or after the defense counsel and prosecutor speaks. If you have a preference, it is important to let the prosecutor know. The prosecutor will then make this known to the court.

v Some judges will place a sentencing at the end of the calendar to accommodate a wish for less public exposure.

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The address for the Butte County Probation Department is:

Butte County Probation Department

42 County Center Dr.

Oroville, CA 95965

For now, it is suggested that the letters be directed to this address so they will be included in the probation report. The report is given to the judge and DA in advance of the hearing. If that suggestion changes I will let you know. Here are links to both the court and the county that:

Court Address: http://www.buttecourt.ca.gov/courthouses/BCCHcourthouse.htm

DA and Probation Addresses: http://www.buttecounty.net/Department%20Contacts.aspx