HomeMy WebLinkAboutMINUTES-11/14/1989-AdjournedADJOURNED MEETING
OF THE
COUNCIL OF THE CITY OF FORT COLLINS
November 14, 1989
5:45 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on
Tuesday, November 14, 1989 at 5:45 p.m. in the Council Chambers in the City
of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey.
Councilmembers Absent:
Staff Members Present
Winokur
Burkett, Krajicek, Roy
Discussion of Possible
Council Action Regarding
Sentencing Recommendation,
No Action Taken
Council adjourned the November 7 meeting to this date and time to discuss
the possibility of making a recommendation to the court in an upcoming
sentencing.
City Attorney's Report
City Attorney Roy described the criteria the court would consider in the
sentencing of a criminal case. He noted the court would consider the
seriousness of the offense, the use of a weapon which threatened bodily
harm, the possibility to reabilitate the offender, the sentencing
depreciation versus the seriousness of the crime, the offender's past
criminal history, the type of crime that was committed, the defendant's
background, and the purpose behind the- sentencing and including deterents
and protection of society. He noted the sentencing recommendations that
the court generally considers with respect to individual recommendations
include recommendations from the victim of the crime, his/her attorney, and
persons who speak on behalf of the defendant. He pointed out that on the
prosecution side, the district attorney and the victim both have the
opportunity to make a recommendation, and interested members of the public
can make a recommendation through the district attorney or the probation
officer. He stated the pre -sentence report contained the relevant
circumstances pertaining to the case and that the court could consider the
facts as determined at the trial. He stated that it would be legally
permissible for Council as a group or individually, to make recommendations
to the upcoming sentencing.
Q.fIE
November 14, 1989
Councilmember Horak noted his appreciation for Council's interest in the '
case and commented on the valuable information that the City Attorney
presented. He stated that after hearing the City Attorney's information,
it was clear the judge will listen to the people most closely involved with
the case and noted that Council was not directly involved. He indicated
Council would not be effective by making a sentencing recommendation in
this case and it would not be good policy for Council to become involved.
Councilmember Edwards stated that Council should not make a recommendation
based on its lack of qualifications on sentencing and stated the public has
other forms of recourse to make their feelings known regarding the outcome
of the sentencing.
Councilmember Kirkpatrick commented on Council's support of the Police
Department's efforts. She emphasized that Council's lack of action should
not be perceived as lack of support for the Police Department.
Councilmember Maxey stated he believed that the persons directly involved
in the case were prepared to express their opinions prior to the sentencing
and expressed his reluctance to judge the severity of the case or be
involved in the sentencing.
Assistant Mayor Mabry stated that any individual councilmember has the
right to express opinions regarding the case.
Other Business 1
Councilmember Edwards mentioned the upcoming Ethics Review Board meeting
and expressed concern that some boardmembers might not be qualified to
consider the issues that will be discussed. He suggested alternate
boardmembers be available to resolve the questions before the Ethics Review
Board.
Assistant Mayor Mabry noted that Councilmember Azari would be available as
an alternate and stated the City Attorney could be consulted regarding
potential conflicts of interest.
Adjournment
At the conclusion of the Adjourned Meeting, Councilmember Horak made a
motion, seconded by Councilmember Maxey, to adjourn the meeting. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, and Maxey. Nays:
None.
W12
November 14, 1989
The meeting adjourned at 6:10 p.m.
Mayor
ATTEST:
City Clerk
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