Yesterday Judge Burdock handed down the sentencing to Michael McClish and a packed courtroom.
First there was discussion on whether or not the sentences would be consecutive or concurrent. That is, would the two murder sentences, along with his rape conviction, be served at the same time, or one after another. It seemed dumb (there is no other word for it) that they would even consider concurrent sentences. The Judge said that a decision would be made after the impact testimony. After some initial dialog between DA Jeff Rosell and Defense Attorney T. Wallraff, citizen impact testimony was heard.
First Mr. Rosell spoke about the brutal, senseless nature of the crime, for which McClish was found guilty of by a group of his own peers. Next up was Asha's mother in law, who gave a heartened account of her wonderful daughter in law, and the life shattering realization that she will never know her granddaughter. She was poised but emotional, and watching McClish nod in agreement with her as she spoke about this wonderful life snuffed out far too soon was aggravating.
The court also heard the words of Richard Veil, the father of the child, and Asha's husband. His words accompanied a slide show of Asha enjoying life, for which he explained that he wishes the court to honor Asha's memory by remembering her for these images, and not those from the crime scene. It was gripping listening to him speak, obviously even after all these years, the wound is still fresh. His words about how they met, how they moved to California and started their life together, and how she cared for him after he became injured without a second though just helped to illustrate her as a good life lost far before its time.
Lastly, a victims advocate read a statement prepared by Asha's parents half way across the world, who could not be there (and by all rights probably would not want to be). It was hard not to watch McClish's many supporters seated behind him sink slightly into their seats during the reading. While they were present to give support to a family member who had been found guilty time and time again, perhaps they hadn't thought about the family on the other side of this situation. Asha's parents halfway around the world who were helpless to support their daughter as she was no longer present to support. They had learned of their impending grandchild, and before that fantasy came to fruition they lost their child and grandchild in one fell swoop. Truly a situation I would not wish upon anyone, and they are living it. Whatever hardships the McClish family is going through, they pale in comparison to those faced by Asha's parents, family, and friends. There is no comparison.
And then McClish took the podium, wearing full Prison attire (an orange and white stripped getup) complete with matching bracelets (read: full shackles, ankles and all). He had multiple pages he read, loudly, seemingly proudly, with little emotion and absolutely no remorse. He started with maintaining his innocence. He said he was unfairly targeted by an overzealous Sheriffs Department, who despite thousands of man hours, outside experts, and State experts doing much of the collection and analyzation of the damning evidence, it is the Sheriffs that are to blame. He went on to explain that he and Asha were just friends, never anything more, and to remember her as an adultress only tarnishes her memory, and he wishes we wouldn't. He described her in detail as a great, wonderful, bubbly woman. He was only suppose to be allowed 5 minutes, stating this himself at the start of his 'testimony' but just describing how wonderful Asha was took longer than that.
McClish continued with how he is the victim, that he has lost his family, his wife, his children, etc etc etc. It was so hard to listen to him speak I wish he would have been cut off. The Judge was also clearly irked by his words, especially when McClish said that the Justice system is broken, and it has failed him. Judge Burdock's face was priceless at this statement. While he was clearly frustrated by McClish speaking negatively about the mismanagement of the Sheriffs Department and the DA's Office, when he called the integrity of the Justice System itself into question, Judge Burdock had a look on his face like he just ate the most sour thing imaginable (an entire bag or Warheads candy). McClish spoke more, but like I said, it was hard to listen to. There was mention of God, etc, etc, etc, who I am sure has some harsh words for McClish, though McClish would beg to differ.
No one else spoke for McClish.
Judge Burdock quickly explained to an incredulous McClish that he had given him the most fair trial he could ever have hoped for. The Jury pool was one of the more intelligent he had seen, representing a great, diverse cross section of our community. Truly a group of his peers. He excluded his prior rape convictions, assaults, threats, witness testimony about death threats, his actions with a hatchet and a woman's neck, and anything else (including allowing him to wear a suit even though he was currently a prisoner). He had his day in court. He had his fair chance. The Jury took nearly a week to reach a verdict, and he was satisfied with it after reviewing all of the evidence himself. Judge Burdock explained that he was found guilty, yet again, despite a group of 12 fresh minds that had no idea of McClish's past actions and behavior. So that is 24 peers that have now convicted him of some heinous crimes. Some of the most depraved, sickening and heartless crimes this community has seen. That he showed no remorse whatsoever during his statement. That the Sheriffs Office had done an amazing job investigating this case and that they deserve commendations for their thousands of hours and dedication to capturing a murderer. When he said he has no choice but to hand down the maximum sentence in all charges, McClish did not look shocked.
Life without the possibility of Parole (LWOP) for murder 1 in the killing of Asha. He was given 15 to life for the murder of the unborn child. He was given 1 year for the special allegation of using a weapon. All of these were to be served consecutively, to each other and to the 18 to life he is currently serving for the rape and sodomy of another woman he was found guilty of years ago.
He has to serve 18 to life before he can serve his life without parole, and then he can start to serve his 15 to life. And then he has one more year. Like I have been saying since the very start of this trial when people have asked my opinion, he will never see the outside of prison. That no one should have any misgivings about possible repercussions for testifying against him, because he can never get out to be a threat to them. I hope he is a Buddhist and believes in reincarnation because that is what it is going to take to ever see the outside of a jail.
A big thank you to Mr. Jeff Rosell, like Judge Burdock stated, you stated your case as clearly and concisely as humanly possible. You made all of the evidence continue to stack, logically, on top of itself until it was impossible to refute. You have done the community a great service, and I know you will continue to do so. The Justice system seems to work just fine from where I sat, keep up the good work and know that you have the community's support.
Judge Burdock, if for any reason I had to appear as a Defendant in a Courtroom (I wont! But we are playing 'What If') I hope you are the presiding Judge. You were more than fair every step of the way. You actually gave the Defendant a better chance at a Defense by excluding many damning testimony, evidence, prior convictions, and fact. Your rulings for even the most trivial of objections seemed logical to this layman, and you made a point to stop both Prosecution and Defense at times to restate in a more clear way when you could tell that they were losing the Jury. I think that making sure the Jury understood every word and statement muttered during the proceedings was a true benefit, something many Judges probably wouldn't take upon themselves. Thank you for your service to this community, and I will say hi next time I see you eating lunch downtown!
Team Patrick, Mr Patrick Murray and Mr Ian Patrick, you guys are killer. I sincerely hope that the two of you got a great sense of personal satisfaction seeing this case end after half a decade of serious work and long hours. You were both naturals in the Courtroom, Mr. Ian Patrick you were by far the most composed up in that Witness box, there wasn't a single pause, you had a loud commanding voice that everyone in the Court could hear, microphone or not, and I wish I was able to speak like that in public. Mr Patrick Murray, you are one amazing guy and I am glad you are in this community working hard to keep it safe(r) for all of us. I am glad to see the beard is back, it makes you look distinguished. From what I understand, Mr Ian Patrick will eventually be transferred out of the DA's Investigation post he is at (shame), but that you are a permanent position. If I in my life accomplish 10% of the good you will do, or probably already have done, for the community, I will die happy looking back on the effect my life had on society. So I envy you, and send my gratitude. So, Mr. Cool and Captain Amazing, I think Burdock was right, you and many of the Sheriffs that worked so damn hard for so damn long on this case deserve commendations. Or at the very least, a huge thank you from the community.
Mr Tom Wallraff, you Defended a man to the best of your ability. While I may have thought that some of your tactics, intentional or not, were a bit much, I would feel comfortable with you as my Defense. You fought tooth and nail, but there is only so much you can do when the evidence makes a verdict as apparent as it was in this case.
To everyone involved in the investigation of this case, Deputy Brzozowski, Deputy McDonald, Sgt Verinsky, Inspector Ramsey, Dr Haskall, Angela Meyers, Tom Fetor, Lara Walker, Sheriff Mata, Faye Springer, and all of the other unseen people that invested hundreds of hours into collecting and analyzing data for this case, THANK YOU! Our community is a tad bit safer and more bareable to live in because of your hard work. And a family half way across the world can start to get some closure on their daughters premature death.
Lastly I would say that I had originally wanted to go into Law Enforcement, but had changed paths in my life some years ago. Attending this trial day in and day out, interacting with the various Sheriffs and Investigators as I did here and there, has revitalized my passion for taking this route in life. So see you soon!
~Chris J Morello
