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Live Ariel Castro Court Coverage: Ariel Castro Argues With Judge; Castro States He Is Not A Murderer; Judge Sentencing Castro; Castro Receives Life In Prison

Aired August 01, 2013 - 13:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

MICHAEL RUSSO, JUDGE, CLEVELAND, OHIO: But I know that in Kevin Dominic's case which was 300 286, I imposed two consecutive life sentences for him. And Mr. Yaakov in case 450218, he received a sentence of 36 years based upon his conduct. But those did not involve kidnapping and torture and deprivation and such over a number of years. The harm to the victims was, of course, still rape because they were raped and both those instances by their dad but nothing like this.

So, in this matter, considerations or indicators that your conduct is more serious than 29.12b, based upon the information available to the court, all this was organized, used deception, used chains and other means to hold captive three young women and ultimately a young child. And there was a certain strategy involved. The connection between all of these individuals was the fact that they all were friends with one or more of your daughters or your son and that was your entree and that's how this evolved. You indicated that you had to do this because you suffer from sex addiction. But at the same time that this plan was going into operation with Ms. Knight, you had a girlfriend who was not harmed, was not abused. You had apparently a normal relationship with Miss Voldan (ph), you recall her?

ARIEL CASTRO: Yes.

RUSSO: OK. So, you are able to choose who you wish to victimize. There was serious physical harm. Ms. Knight suffered on many occasions, according to the information. The others were, as well as Ms. Knight, showing signs of malnourishment and such. There is serious psychological harm. She touched upon the captivity issue and how liberating it is now. We also heard some information about medical care and how they didn't even want to come out of the house because they, at that point, two of the women had been almost programmed to stay there, not because they wanted to but because they were afraid of what the repercussions would be if they did leave that you would then see this as a test that they failed and hurt them.

I think even without the testimony of the expert from Michigan, any person in America would understand that a person who is held captive between nine and 11 years, sexually assaulted and such, will hold and have a serious psychological harm as well as the physical harm. There is also economic harm. I know Miss Berry was coming from the work and the others were young and they had an opportunity to work but you deprived them of that. And not just the wages, you also deprived them of the opportunity to be out in public to socialize, to be with their families, all of those other things that come under, maybe not under economic harm but back to the psychological harm. (INAUDIBLE) indicate your conduct is more serious to age. Jocelyn was a very young child and yet she grew up in a household where doors were locked, people were chained up, windows were covered, people were not allowed to come over and visit and it was all -- I would believe that the inspector Moore from DRC would agree that the conditions at your house could never be tolerated in any Ohio prison.

CASTRO: Excuse me, your honor, my daughter never seen anyone (INAUDIBLE.)

RUSSO: OK.

CASTRO: (INAUDIBLE.)

RUSSO: Well, also, the age of the victims is important here. They were young women, teenagers, and they could not have imagined that an adult would trick them and imprison them and enslave them and abuse them. You took advantage of their naivete (ph) and the fact that they were pleasant individuals that couldn't -- could not fathom this type of behavior. The relationship issue is important here. Your daughter, you have exposed a young child to unbelievable conditions. In your mind, it was a -- there was harmony and a happy household. I'm not sure there is anybody else in America that will agree with you.

And there were many crimes committed in the vicinity of your young daughter. The women were still being raped and deprived of food and living in difficult physical conditions. You indicated your conduct is less serious under 2929.12c. You have indicated that you were a victim of sexual abuse. That's possible. I don't know. I do know, though, that those who are sexually abused, there is a tendency of some to act out and to abuse others. But there are many, and I suspect more, who move on from that and live the healthy life that they are not abusing others.

You indicate that you do have a mental illness but I am not aware of any that. You -- as you appeared here, you have always answered questions and understood what's going on. You just made a calculated decision in this instance to do wrong. And if anything, to me, you exhibit antisocial personality disorder. I am not a psychological expert, certainly don't have the credentials of those who spoke here today, but you have extreme narcissism and it seems rather pervasive.

You indicated that you are more likely to reoffend. Well, prior to this, there was -- there were no convictions. Now, you said that your wife would irritate you. She wouldn't stop talking and then you would respond. Well, my understanding from the records that she suffered a broken nose twice. She had broken teeth and she otherwise was abused but they were never followed through as a -- as a conviction. And that's unfortunate and something we talk about with all family members who are victims of abuse, whether they're a man, a woman, a child, a young adult, no one is allowed to have violence visited upon them in their home or at their school. I wish that she had prosecuted for her sake. And I know now that she has passed but victims need to stand up for themselves so that the abuse stops and so that those who are abusers, when possible, will receive proper treatment and redirection. And that's what a court is for. You have you resources available to you. And the rape crisis center is open to anyone who is a victim of sexual abuse. So, if you had wanted to, you could have contacted them. Your home is also near recovery resources. There is Marcus Taylor (ph), there's Metro if you want to go and be rated for psychiatric issues. There were a lot of options. But one option that should never be available is that you kidnap someone, sexually assault them and torture them. I mean, that's not ever going to be an accepted remedy.

Indicators that you are less likely to reoffend in the general sense, you did work, although I also know that you had a much different view of your job than the job records would indicate, according to the (INAUDIBLE) metropolitan school district, your performance was not always acceptable. You left a child on the bus. You would go shopping at 143rd and Curtis (ph) and Leaker (ph) school bus at Marks (ph). I mean, you know, there --- you ended up eventually leaving that job. You ended up, I think, on T.V. before about that job, right?

CASTRO: Your honor, that is not right (INAUDIBLE.) When I checked my bus, that's when I noticed the child was there (INAUDIBLE.)

RUSSO: But you were disciplined for it.

CASTRO: Yes.

RUSSO: And, ultimately, your work as a school bus driver ended, correct?

CASTRO: Yes, sir. That happened also when I was -- it wasn't my regular route. I did that and helped them out when a -- when a driver (INAUDIBLE.)

RUSSO: All right. Well, again, keeping in mind the principles of sentencing for each past gestation deterrence, rehabilitation and restitution, I'm certainly not -- I am not sure in this instance that rehabilitation will be possible in any event. But there is certainly -- there's a need here for incapacitation and deterrents.

On behalf of the state with respect to your two counts of aggravated murder.

UNIDENTIFIED MALE: We elect to have a sentence imposed on count one (INAUDIBLE) and count two emerge for purposes of sentencing, thank you.

And you have you no objection on behalf of the defense, correct?

UNIDENTIFIED MALE: No objections.

RUSSO: All right. Based upon the election by the state, count two, charge of aggravated murder with specifications, will merge into count one. So, Mr. Castro, you will only be sentenced on count one for aggravated murder with specifications.

CASTRO: (INAUDIBLE.)

RUSSO: No. Now, what do you want to say? You pled guilty to it.

CASTRO: I know but that's (INAUDIBLE.) There was never any evidence and -- there was no evidence and never any evidence of that. But I didn't want to put these women through any more -- any more psychological (INAUDIBLE.) So, that's why I pled guilty to that. There was never no evidence of murder of a fetus. That never happened.

RUSSO: Mr. Castro, you talked with your attorneys and you made a decision to plead to count one as indicted, correct?

CASTRO: And I just wanted to get on the record. I never killed anyone, and I am not a murderer.

RUSSO: So, on count one with specifications, the charge of aggravated murder, the court is imposing a sentence of lifetime incarceration without the possibility of parole. For the charge of rape in violation of revised code 2907.02a2, with sexually violent predator specifications felony in the first degree. The court is imposing a mandatory minimum term of incarceration of not less than 10 years to a maximum of lifetime incarceration and that is on counts 3, 40, 42, 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, 79, 81, 83, 85, 87, 89, 91, 93, 95, 97 to 93, 300, 347 through 360 inclusive on each and every one. And counts 410 through 428 inclusive. That sentence goes on each and every count. Counts 468 through 487 inclusive on each and every count. Counts 518 through 574 inclusive on each and every count. Counts 675 through 731 inclusive on each and every count. And counts 824 through 880 inclusive on each and every count.

With respect to charge of rape and violation of revised code section 2907.02a2 with sexually violent predatory specifications. Felonies of the first degree committed after September 30, 2011, court imposes a sentence of 10 years' incarceration on each count. That is specifically with respect to counts 575 through 594 inclusive on each and every count. Counts 732 through 743 inclusive on each and every count. Counts 881 through 892 inclusive on each and every count.

With respect to the charge of rape and violation of revised code section 3907.02a2, felonies of the first degree committed prior to September 30, 2011, the court imposes a sentence of 10 years' incarceration.

That is with respect to counts 11, 14, 18, 20, 23, 25, 28, 30, 32, 34, 36, 3, 101, 108, 110, 112, 114, 116, 118, 120, 122, 124, 128, 130, 132, 134, 136, 138, 140, 142, 144, 146, 148, 150, 152, 154, 156, 158, 160, 162, 164, 166, 168, 170, 172, 174, 176, 178, 180, 182, 184, 190, 192, 194, 196, 198, 200, 202, 204, 206, 208, 210, 212, 214, 216, 218, 220, 222, 224, 226, 228, 230, 232, 235, 237, 249, 245, 247, 249, at that r 255, 257, 259, 261, 263, 265, 268, 271, 274, 277, 280, 283, 286, 288, 291, 314, 317, 323, 324, 325 through 346 inclusive on each and every count, counts 400 through 409, inclusive on each and every count, and counts 458 through 467, inclusive on each and every count.

The court imposes a sentence for kidnapping in violation of Revised Code 2905.01(B)(2), a felony of the first degree with a period December 25, 2006 through May 6, 2013. On counts 973, court imposes a sentence of ten years incarceration.

Counts of kidnapping, in violation of Revised Code section 2905.01(A)(3), the sexual motivation specifications, felonies in the first degree committed prior to September 30, 2011, the court imposes a sentence of ten years incarceration. That's on count 7, 8, 9, 10, 99, 100, 104, 107, 302, 303, 308, and 312.

On the charge of kidnapping in violation of Revised Code Section 2905.01(A)(3) the sexual motivation specifications, and sexually violent predator specifications, for felonies of the first degree committed prior to September 30th, 2011, the court imposes a mandatory minimum term of incarceration of not less than ten years to a maximum of lifetime incarceration. That's on each of the counts -- counts that follow, count 44, 45, 46, 296, 297, 298, 320, 321 and 322.

On the charges in the indictment of kidnapping in violation of Revised Code Section 2905.01(A)(4) with sexual motivation specification, felonies in the first degree committed prior to September 30, 2011, the court imposes a sentence of ten years incarceration. That is on each count, specifically count 19, 24, 29, 31, 33, 35, 37, 39, 109, 111, 113, 115, 117, 119, 121, 123, 125, 127, 129, 131, 133, 135, 137, 139, 141, 143, 145, 147, 149, 151, 153, 155, 157, 159, 161, 163, 165, 167, 169, 171, 173, 175, 177, 179, 181, 183, 185, 187, 189, 191, 193, 195, 197, 199, 201, 203, 205, 207, 209, 211, 213, 215, 217, 219, 221, 223, 225, 227, 229, 231, 236, 238, 240, 242, 244, 246, 248, 250, 252, 254, 256, 258, 260, 262, 264, 287, 292, 361 through 384, inclusive on each and every count; 429 through 438, inclusive on each and every count; and counts 488 through 497 inclusive on each and every count.

To the charge of kidnapping in violation of Revised Code Section 2905.01(A)(4), the sexual motivation specifications and sexually violent predator specification, felonies of the first degree committed prior to September 30, 2011, the court imposes a mandatory minimum term of incarceration not less than ten years to a maximum of lifetime imprisonment on etch auto of the following counts. Counts 4, 41, 43, 48, 50, 52, 54, 46, 48, 60, 62, 64, 66, 68, 70, 72, 74, 76, 78, 80, 82, 84, counts 385 through 399 inclusive on each and every count, counts 439 through 457 inclusive on each and every count, 498 through 517 inclusive on each and every count, counts 598 through 653 inclusive on each and every count, counts 744 through 802 inclusive on each and every count, counts 893 through 951 inclusive on each and every count. Again, that was mandatory minimum term of incarceration not less than ten years to a maximum of lifetime in imprison.

For kidnapping in violation of Revised Code Section 2905.01(A)(4) with sexual motivation specifications and sexually violent predator specifications, felonies of the first degree committed after September 30, 2011, the court imposes a mandatory minimum term of incarceration not less than ten years with a maximum of lifetime incarceration on each of the following counts. Counts 86, 88, 90, 92, 94, 96, 98, counts 654 through 673 inclusive on each and every count, counts 803 through 822 inclusive on each and every count, and counts 952 through 971 inclusive on each and every count.

The counts for felonious assault in violation of Revised Code Section 2903.11(A)(1), felonies of the second degree, the following counts the court imposes a sentence of eight years incarceration on each count. That would be counts 674, 823 and 972.

On count 6, a charge of felonious assault in violation of Revised Code Section 2903.11(A)(1) with a pregnant victim specification, and a sexually violent predator specification, this would be count 6, the court imposes a sentence with a mandatory term of imprisonment of eight years to a maximum of lifetime imprisonment on this particular count.

To the charge of felonious assault in violation of Revised Code Section 2903.11(A)(2), felony of the second degree, for counts 234 and 304, for each of those counts, the court is imposing a sentence of eight years incarceration.

For counts involving gross sexual imposition in violation of Revised Code Section 2907.05(A)(1), felonies of the fourth degree, the court has imposed a sentence of 18 months incarceration for the following, counts 17, 105, 305, 306, 309, 310, and 311.

On count 974, count in violation of the Revised Code 2919.22(A) for endangering children, a misdemeanor of the first degree, the court's imposing a sentence of six months in the county jail. That will be concurrent with the time at LCI.

On other counts for endangering children in violation of Revised Code Section 2919.22(A), felonies of the third degree, for counts 975 and 976, the court is imposing on each of those counts a term of incarceration of 36 months.

For count 977, on the charge of possessing criminal tools, a felony of the fifth degree, court is imposing a sentence of 12 months incarceration.

I will be shortly talking about my findings with respect to consecutive sentences. In doing so, I want to make clear that for any counts that are not specifically mentioned and the time on those counts is to be served concurrently with the other counts. And I find that the maximum sentences that were imposed on the counts I've just discussed at length, if they were not mandatory time, the court imposed the maximum because these are the worst form of the offenses there. Although Mr. Castro does not have a prior criminal conviction, the breadth, the scope of these crimes, and the merciless manner in which they were inflicted requires that a maximum sentence on each of those counts be imposed.

Mr. Castro, your uncle is Julio, correct? And his wife Norma, they have been in this courtroom before. They are very wonderful people. They have a great reputation in the community. They have operated a neighborhood store for over 40 years. They were victims of a crime, and the perpetrator of that crime, he had excuses also. In his case he blamed drug addiction and such. But to the victim, excuses don't take away the harm that is involved. CASTRO: I understand.

RUSSO: Page 16 Paragraph 29 of the written plea agreement has a recommended sentence. The parties stipulated and agreed that life without parole is agreed to by the defendant, to mean that defendant will never be released from incarceration during the period of his remaining natural life for any reason.

That is the effect of the plea to count 1, which was, as we have heard here and discussed a little bit on Friday, the parties each gave up something in order to reach that agreement, and the court will be enforcing and accepting the recommendation of the parties as far as the count 1, a murder charge with specification which will be a sentence of life without parole without any release.

With respect to the other part of the recommendation that the defendant agrees to ten year to life sentences, indefinite sentences, the minimum of ten years to maximum of lifetime, for other counts, the court is constrained, as I said, by the decision by the Menis (ph) decision, by the Revised Code Section 2929.14, and also aware of the Blackburn decision and have followed that in the past.

In imposing consecutive sentences, in Ohio, the court is aware there is preference in Ohio for minimum sentencing and for concurrent sentencing, but that can be overcome when a court feels that there are circumstances that make a crime so heinous or so significant in its effect on the community, the victim, or that such punishment is needed that the court can go beyond that preference in the law and impose maximum sentences or consecutive.