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[Dalek]

Inmate who lived upstanding life after he was mistakenly freed wins release

A Colorado man who was sent back to prison after being mistakenly released was told by a judge Tuesday that he is a free man.

Rene Lima-Marin was serving a 98-year prison term for robbing two video stores in 1998. He was released, improperly, in 2008, but was rearrested in 2014, when authorities realized the mistake. In a 165-page decision, Arapahoe County District Court Judge Carlos Samour Jr. said "it would be utterly unjust to compel Lima-Marin, at this juncture, to serve the rest of his extremely long sentence"

In the six years that Lima-Miran was free, he found a job, got married, started raising a family, and purchased a home, said his attorney Kimberly Diego. "His case was unique in that sense," she said. "Not all people who are rehabilitated behave that way."

Lima-Marin was called an "asset to society" and an "outstanding citizen" who worked with young people encouraging them to make good decisions, per the judge's ruling.
The mix-up for the father of two boiled down to an error in paperwork that said Lima-Miran's sentences were to be served concurrently, instead of consecutively.
Based on the paperwork, an attorney, who met with Lima-Marin in prison to discuss an appeal, told him that his sentence had been reduced to 16 years. The attorney advised him to forgo the appeal and instead wait to be released on parole in 2008.
Lima-Miran's absence from prison wasn't noticed until January 7, 2014, when a former prosecutor searched for his name on the DOC's inmate locator website and couldn't find it. Lima-Marin was arrested by 11:00 p.m. that same day in front of his family, according to Samour's report, in order to serve the remainder of his 98-year sentence.

"In effect, after its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014 the government decided to compensate for its transgressions by swiftly turning back the clock and returning Lima-Marin to prison -- not through the use of a magic wand or the invention of a time machine built out of a DeLorean, which might have transported him back to his life in April 2008, but through the simple issuance of an arrest warrant, which merely put him back in prison, disregarding everything that had transpired between April 2008 and January 2014," said Samour.

Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery, and -- because a gun was used in the break-ins -- use of a deadly weapon during commission of a crime. No shots were fired and no one was injured in the robberies, per the judge's document.

Another person, Michael Clifton, was also convicted of the robberies.

In the judge's decision, Lima-Miran was called a model prisoner who completed five years of parole with flying colors. Samour later adds that the government acted with "conscience-shocking" indifference in re-incarcerating Lima-Marin in 2014.

Lima-Marin is currently being held at the Fremont Correctional Facility in Canon City, Colorado, said his attorney. He could be released in the next day or two. The court is required to send the order terminating the sentencing to the Department of Correction prior to his release.
"This is a really uplifting case," said Diego. "The judge was very thorough, took a lot of time and gave this case a lot of attention. You can tell he wanted to make sure this was perfect. We are thankful that he took the time that he did."
The Colorado Attorney General's office is currently reviewing the decision, according to spokesperson Annie Skinner.

 

[shira]

Wow, it's like jail doesn't work.

 

[TheCochese]

Took too long, but glad this was the result.

 

[SpaceWolf]

Great news.

I swear reading that the gun he used in the robberies was purposefully empty?

 

[JBourne]

I remember being upset by this story, glad to see it have a decent resolution. Dude got his shit together, he's a contributing member of society. We're better off with him free than sitting in jail.

 

[Slythe]

This is what the justice system should be about. Rehabilitation should supersede punitive sentences.

Edit: Also, I'm curious how he was able to just be placed back in jail just like that after the mistake was discovered? Isn't that some form of double jeopardy (being re-incarcerated for something you've previously been deemed innocent of committing)?

 

[EYEL1NER]

I remember this one, and I remember not having too much faith that he'd go free. Sucks it took as long as it did but good for him.

 

[Tagyhag]

Awesome to hear

In the six years that Lima-Miran was free, he found a job, got married, started raising a family, and purchased a home, said his attorney Kimberly Diego. "His case was unique in that sense," she said. "Not all people who are rehabilitated behave that way."

Because our prison system is based on PUNISHMENT AND NOT REHABILITATION.

The fact that a minor criminal could go to jail for petty theft and come out ready to kill MEANS WE FUCKED UP.

 

[TangoAlphaLima]

Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery, and -- because a gun was used in the break-ins -- use of a deadly weapon during commission of a crime. No shots were fired and no one was injured in the robberies, per the judge's document.

98 years seems like a pretty hefty sentence for these crimes. I assume he must have had prior convictions that came into play, but even then it would likely still be egregious.

 

[Einchy]

This American Life did an episode him.

https://www.thisamericanlife.org/radio-archives/episode/518/except-for-that-one-thing

Glad to hear he was released.

 

[Earthbound64]

Wow, it's like jail doesn't work.

What about this article or case causes you to come to that conclusion?

 

[Jason's Ultimatum]

98 years for robbing two video stores? Did he murder anyone? Lol sentence way too long.

 

[Frodo]

98 years seems like a pretty hefty sentence for these crimes. I assume he must have had prior convictions that came into play, but even then it would likely still be egregious. not be white

FTFY.

 

[Mortemis]

Really glad to hear this, I remember reading about how he was arrested after they found out and was pissed.

 

[Spaced Harrier]

Wow, it's like jail doesn't work.

In this case it would actually be the opposite. Too quick on the trigger finger for first post my son.

 

[MRORANGE]

Heard about this, good on him.

 

[Hyun Sai]

98 years for this is a scandal and utterly stupid. I couldn't believe it when I first read about it at the time. Those responsible for this sentence (and bringing him back) are unsufferable morons.

 

[Zen_Arcade]

Wow, it's like jail doesn't work.

I mean, jail must have worked at least a little if he was robbing stores when he went in and came out a man who was willing to straighten up and live a good life. Thats exactly what jail is supposed to do.

It's just that throwing him back in wasn't going to do any good.

 

[Jason's Ultimatum]

FTFY.

It just finally occurred to me that FTFY means fixed that for you. Never bothered asking what it meant. LOL.

 

[Slythe]

Wow, it's like jail doesn't work.

Wouldn't this actually be an example of jail working exactly as intended? The real problem is our justice system/public's obsessions with punitive forms of justice. In reality, "doing the time" is a lot less important than repenting and changing.

 

[Pai Pai Master]

98 years for two counts of robbery????

 

[Socreges]

Excellent

Also:

"In effect, after its utter lack of care led to Lima-Marin's premature release and prolonged erroneous liberty, in January 2014 the government decided to compensate for its transgressions by swiftly turning back the clock and returning Lima-Marin to prison -- not through the use of a magic wand or the invention of a time machine built out of a DeLorean, which might have transported him back to his life in April 2008, but through the simple issuance of an arrest warrant, which merely put him back in prison, disregarding everything that had transpired between April 2008 and January 2014," said Samour.

That's the worst fucking sentence anyone has ever said or written.

 

[Earthbound64]

Excellent

Also:
That's the worst fucking sentence anyone has ever said or written.

Well, it was a quote, although the formatting of said quote was on the writer. So, two people responsible for that.
But,

or the invention of a time machine built out of a DeLorean

Yeah, that's pretty bad.

 

[Dineren]

It's nice to see some good news for once. Fuck that former prosecutor, what an asshole.

 

[ColdPizza]

Wouldn't this actually be an example of jail working exactly as intended? The real problem is our justice system/public's obsessions with punitive forms of justice. In reality, "doing the time" is a lot less important than repenting and changing.

I thought the sarcasm was evident.

 

[Dash_Riprock]

Wow, it's like jail doesn't work.

Next time read the article.

 

[StarCreator]

98 years for two counts of robbery????

Yep, once you include the minority multiplier.

It was utterly disgusting that they even returned him to jail, because fuck everything else. I hope he sues and wins big.

 

[Dalek]

This American Life did an episode him.

https://www.thisamericanlife.org/radio-archives/episode/518/except-for-that-one-thing

Glad to hear he was released.

Believe it or not-that's not the same guy. I thought so too-but it's an incredibly similar story.

TAL profiled Mike Anderson. This story is about Rene Lima-Marin.

 

[Kinitari]

What about this article or case causes you to come to that conclusion?

In this case it would actually be the opposite. Too quick on the trigger finger for first post my son.

Had he not been released would he be better off? Would he need better off if he got sent back? Does his chance of success increase or decrease the longer he's in jail? Fundamentally, empirically, the U.S. prison system is one of the worst in the developed world because it thinks punishment is better than rehabilitation. This guy literally did a better job rehabilitating himself than anyone expected - if someone says 'huh... That's weird, he left jail early but he DIDN'T go on a murder spree?' then that highlights such a fundamental failing.

 

[Shaanyboi]

Good on him. The sentence was insane to begin with.

 

[Morrigan Stark]

98 years seems like a pretty hefty sentence for these crimes. I assume he must have had prior convictions that came into play, but even then it would likely still be egregious.

Yeah it's insane. I'm sure being a minority did him no favours there... :\

Glad it's working out for him at least.

 

[Skellig Gra]

98 years for two counts of robbery????

My first thoughts. Damn it's rough to be a minority. Glad he got out.

 

[Breads]

What he did was horrible but it was 20 years ago. He already served a decade and was on parole for more than half of another. The 6 years he spent rebuilding his life after a clerical error let him walk speaks for itself.

Who does it serve to stick him back into prison just because some papers got spellchecked that many years later? Not his family. Not society. If prison is there to rehabilitate then it already did its job so yeah...

 

[Jarrod38]

98 years for two counts of robbery????

Did you overlook this part?
Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery, and -- because a gun was used in the break-ins -- use of a deadly weapon during commission of a crime.

 

[Heckler456]

That's amazing. I'm glad the judge didn't mechanically go "Well, a crime's a crime", and instead took into account the context of this person's situation.

Yep, once you include the minority multiplier.

It was utterly disgusting that they even returned him to jail, because fuck everything else. I hope he sues and wins big.

Armed robbery and kidnapping though... That's some serious shit. The way America appends sentences for different charges into a lifelong sentence though is indeed just shit in and of itself.

Was this guy actually going to have to sit out that entire sentence by the way, or was there a good chance for parole? I'm not entirely clear on how that works over in the US.

 

[Vicetrailia]

Good!

 

[Socreges]

Well, it was a quote, although the formatting of said quote was on the writer. So, two people responsible for that.
But,



Yeah, that's pretty bad.

That's why I said said or written. I'm not even referring to the formatting. The writer took some verbose diarrhea and tried to represent it in the written form.

 

[skullmuffins]

Did you overlook this part?
Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery, and -- because a gun was used in the break-ins -- use of a deadly weapon during commission of a crime.

So two robberies, not just two "counts" of robbery. They levied a bunch of charges at him for each robbery and ordered them to be served consecutively so he basically got a life sentence for holding up two video stores.

Armed robbery and kidnapping though... That's some serious shit. The way America appends sentences for different charges into a lifelong sentence though is indeed just shit in and of itself.

he was charged with "kidnapping" for moving 3 people from the front of the store to the back of the store.

 

[Z3M0G]

98-year prison term for robbing two video stores in 1998

Did he also murder 20 people?

Edit: That was an unbelievable story... wow

 

[Hari Seldon]

The kidnapping and gun charges are probably worse than the robbery charges.

 

[Breads]

Was this guy actually going to have to sit out that entire sentence by the way, or was there a good chance for parole? I'm not entirely clear on how that works over in the US.

The specifics change from case to case. There are usually some ridiculous margins that are totally up to a judge's discretion.

 

[captive]

This is great news but there are so many things wrong with this.

How is robbery a 98 year sentence? How does a 98 year sentence get reduced to 16?

How does no one notice he was improperly released for so many years?

And most importantly (but not really), how the hell did he manage to buy a house? I cant no interest finance a 5k lawn mower without the bank pitching a shit fit.

 

[SchrodingerC]

Glad to read he's been re-released. Him actually becoming an upstanding citizen after going through our rather broken prison system shows we need to rehabilitate some people back into society, they can change with the correct programs in place.

 

[Extra Sauce]

I mean, jail must have worked at least a little if he was robbing stores when he went in and came out a man who was willing to straighten up and live a good life. Thats exactly what jail is supposed to do.

It's just that throwing him back in wasn't going to do any good.

But he would not have gotten out if it wasn't for a clerical error.

The sentence was way too high.

So we can at least say the legal system doesn't work in this case.

 

[Kthulhu]

But GAF told me all criminals deserve to die and rehabilitation isn't possible.


Edit: like the poster below this one.

 

[shandy706]

98-year prison term for robbing two video stores in 1998

Did he also murder 20 people?

Haha, my reaction. I immediately looked to see if he killed someone.

I'm cool with 5-15 years if you use a gun in a robbery and don't fire it. However, serving your whole life is insane (even with the other "charges").

One murder = life though in my eyes. You take another life...you give up yours.

 

[Jarrod38]

This is great news but there are so many things wrong with this.

How is robbery a 98 year sentence? How does a 98 year sentence get reduced to 16?

How does no one notice he was improperly released for so many years?

And most importantly (but not really), how the hell did he manage to buy a house? I cant no interest finance a 5k lawn mower without the bank pitching a shit fit.

Maybe his wife used her name for the loan.

 

[Thelonelykoopa]

But GAF told me all criminals deserve to die and rehabilitation isn't possible.

What Gaf told you that? That's only true with Nazi,Pedophiles and Rapist.

 

[Earthbound64]

And most importantly (but not really), how the hell did he manage to buy a house? I cant no interest finance a 5k lawn mower without the bank pitching a shit fit.

He didn't put guacamole on his bread.

 

[geomon]

This guy was ready to die in prison. He thought he'd never see the light of day again so I don't blame him for living the good life when suddenly he's released.