In hindsight, I guess he should have claimed to be a politician . . .
Posted on 02/28/2007 5:51:51 AM PST by BraveMan
Waukesha - A man who killed a motorcyclist during a high-speed chase while trying to avoid a trip to a mental hospital got 12 years in prison Tuesday from a judge who called the illness a primary factor in the sentence.
Previously, Howard Heinen Jr. failed to convince a jury he was criminally insane. But Tuesday, Waukesha County Circuit Judge Ralph Ramirez concluded that Heinen's mental illness warranted lengthy monitoring after the prison term.
"Howard Heinen is not being punished for being mentally ill," Ramirez said in handing down 18 years of extended supervision after prison. "The sentence I impose is in consideration of his mental illness and the need to supervise him for a long period of time."
The prison term imposed by Ramirez fell short of what was recommended by the prosecutor and the victim's family, yet it was longer than what was advocated by Heinen's attorney.
"Everything that has been tried to date has failed," Assistant District Attorney Susan Opper said in recommending a prison sentence of 15 to 20 years.
"The system and his family allowed Heinen to make bad decisions without facing consequences," said Alan A. Moore, who recommended 20 years behind bars for the man who killed his son.
"It would be precedent-setting if we decide the mentally ill should have a target on their back," defense attorney Eduardo Borda said in arguing that a sentence of no more than four years was justified.
Heinen, 45, of New Berlin, was sentenced on a charge of first-degree reckless homicide in the death Sept. 17, 2005, of Andrew A. Moore, 34, of Waukesha. A jury rejected Heinen's insanity plea after a trial in November.
According to testimony during the trial, Heinen, who has been hospitalized 23 times in the past 25 years for bipolar disorder, knew he needed treatment on the day of the crash but did not want to receive it at the facility where his father was driving him.
That day, the son had called his father and agreed to get treatment. But as the two neared the Waukesha Mental Health Center in the elder Heinen's van, the son started scuffling with his father, eventually gaining control of the vehicle even after a passing motorist stopped and intervened. Moments later, Heinen was racing through Waukesha on a course that led him to the collision with Moore and his motorcycle.
In court Tuesday, Opper said a lengthy prison term followed by lengthy supervision in the community was justified because there was "no cure" for Heinen's illness.
"There is no guarantee that he will ever be better," she said.
Borda said the prosecutor's reasoning amounted to punishing a mentally ill person for his illness.
"What is this, the new lepers of the 21st century?" he said. "Put him on an island."
Ramona Moore, the victim's mother, said Heinen had a history of reckless driving while off his medication.
"This was not an isolated event," she said. "It's a wonder this hasn't happened before."
But Heinen's brother, who repeatedly and unsuccessfully tried to get him into a treatment facility in the days before the crash, disagreed.
"He takes his medications," Joseph Heinen said. "They don't always work the way they should."
Howard Heinen wept before and while he read a letter aloud to the Moores.
"I am so extremely sorry for the death of your son Andy," said Heinen, who spent 529 days in the County Jail awaiting the outcome of his case. "I cannot stop thinking about him. I have two sons of my own."
Ramirez said that while Heinen "needs to be held accountable for his actions," a prison sentence as long as 20 years "would be excessive." More important, Ramirez said, is what comes after prison.
"We need to watch over this guy," he said, "probably for the rest of his life."
Hooligan ping . . .
It's about time they started punishing people for killing bikers!
But..but...but...mental illness is ALWAYS a valid excuse for bad behavior! < /libspeak >
/sarcasm
Tisk, tisk, we can't have that now, can we.
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