Saturday 31 January 2015

Reevaluation hearing doesn’t change Bassett’s sentence


Brian Bassett was denied any leniency on Friday on the three life sentences he received in 1996 for murdering his parents and brother. Friday’s hearing in Grays Harbor Superior Court aimed to reevaluate his case based upon a U.S. Supreme Court ruling regarding juveniles and prison sentences.


Bassett, who shot both of his parents and drowned his younger brother in 1995, didn’t see his sentence change, and will still serve three life sentences without the possibility of parole for three counts of aggravated first-degree murder.


In 2012, the High Court ruled that mandatory life sentences without the possibility of parole for juveniles are unconstitutional, stating that such mandidtory sentencing guidelines do not take into account the immaturity of juvenile defendants and their failure to appreciate the risks and consequences of the crime they commit. While a sentence of life without parole is still a permissable option, it cannot be the minimum sentence allowed, the court ruled.


Since Bassett was tried and convicted before the ruling, he was granted a reevaluation of his sentencing to determine a mandatory minimum. With the Supreme Court ruling, the sentencing court is not mandated to administer a shorter prison term, but needs to take into consideration mitigating factors in order to come to a decision.


These factors include, but are not limited to, the age of the individual, the defendant’s likelihood of being rehabilitated and the degree of responsibility the youth was capable of exercising.


Bassett’s defense attorney, Eric Lindell, tried to prove those mitigating factors were present with the 16-year-old killer. Lindell said Bassett was not mature enough to realize the consequences of his actions, but Grays Harbor Superior Court Judge Dave Edwards disagreed.


“He’s a boy,” Lindell said while pointing at a booking photo of Bassett that was taken shortly after the crime was committed.


Lindell, who was hoping Bassett would have to serve three 25-year sentences concurrently, also noted the progress Bassett has made since he’s been incarnated, which Lindell thought showed that he could be rehabilitated. Since being in prison, Bassett has married, taken college courses and done woodworking.


Joanne Pfeifer, Bassett’s wife, said she was impressed with the way he has taken initiative while incarcerated.


“He is always striving to educate himself and learn new skills,” she said.


Grays Harbor County Prosecutor Katie Svoboda argued that Bassett’s crime was not one of youthful impulsiveness, saying Bassett knew what he was doing and had planned his actions.


“(He) hired an accomplice, stole a gun and a getaway vehicle,” said Svoboda. “This crime was beyond horrific … it deserves the most serious sentence the court could impose.”


Bassett spoke during the hearing and expressed remorse and regret for his actions. He became obviously emotional when telling Judge Edwards his youthfulness played a major role in why he killed his family.


“I was too young to comprehend the totality of my actions. Given the chance I know I can be a valuable member of society,” Bassett said.


He told Edwards that the first night he was in jail he thought about what his parents would think, being so shaken up he didn’t take into consideration that they were no longer in the picture.


“It didn’t click,” he said.


Edwards agreed with Svoboda, saying that he found no evidence Bassett’s crime was an impulsive act. Edwards also stated that he believed Bassett was well aware of the consequences he would face based upon his actions.


“He (Bassett) did several things to try to reduce his risk,” said Edwards referring to Bassett’s use of a silencer when shooting his parents and his attempts to clean up blood from inside of his house after the murder.


Edwards said, too, that he wasn’t convinced Bassett’s progress in prison gave any indication that he wouldn’t be a danger to society when on the outside. “I don’t find his committing these crimes was evidence of the adolescent brain taking over his decision making. They were cold, calculated and very well-planned with the goal of eliminating his family from his life,” Edwards said.



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