Oswald sent back to prison for the rest of his life
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Oswald sent back to prison for the rest of his life
http://www.zwire.com/site/news.cfm?newsid=14626431&BRD=1399&PAG=461&dept_id=173065&rfi=6
Jonna Clark
Waukesha
Circuit Court Judge Kathryn Foster handed down a sentence this week that will ensure
Ted Oswald never leaves the confines of prison, not even as an old man.
Oswald's retrial ended Tuesday morning with much the same outcome as his first trial
for the April 1994 bank robbery and shootout he and his father James Oswald
masterminded.
After hearing from Waukesha County District Attorney Paul Bucher, Oswald's attorney,
Jeffrey Jensen, and victims of Oswald's crime, Foster sentenced Oswald, 29, to life
in prison with no parole eligibility until 2095.
The sentence took into account 17 counts for a 14-month bank-robbing crime wave in
1993 and 1994, which culminated in a shootout with police during which Oswald took
and wounded a hostage, wounded several police officers and then shot and killed
Police Capt. James Lutz.
Diane Lutz, wife of the slain police captain, gave a statement at the sentencing
hearing and directed many of her comments to Oswald.
"You, Ted Oswald, planned and practiced systematic terrorism on Waukesha County and
have shown utter disdain for the wake of carnage you left," she said in her opening
remarks.
Lutz, a resident of Oconomowoc, said it was only the brave men and women of the
police force that brought Oswald's wave of horror to a halt.
"The thin blue line prevailed again," she said, but not without a cost. "Your victims
still fear you. You are a terrorist."
Lutz also said that the district attorney's team was to be commended for proving to
jurors again that Oswald was guilty as charged.
In speaking to Foster, Lutz asked the judge to bring closure to a tragic chapter in
her family's life. "This is a brutal person," she said. "Please show America that we
will not be terrorized."
Lutz's daughter-in-law Susan Laske also spoke in court, and, in a voice choked with
emotion, described James Lutz as a law-abiding citizen who was proud of his country
and his job, and was a kind and gentle family man.
"The crime scene picture of Dad was horrible and I am sure there are many more
details we did not see," Laske said. "We will never know the half of what those brave
people went through that day."
"He (Oswald) scripted and caused this nightmare," Laske said, adding that, though
years have passed, the pain remains for her family.
"Please only burden us with his food and shelter," Laske said to Foster. "Please
don't ask us to share our freedom with him or ever allow him to take a breath on this
side of the bars."
Bucher spoke at length and said there had been no significant changes in the facts of
the case or additional information brought forth.
Bucher characterized Ted Oswald as progressing into the leader of the father-son
crime duo.
"He improved on the bank-robbery template," Bucher said, but added that April 28,
1994, was a different scenario because the Oswalds robbed two banks that day and
underestimated the resiliency and responsiveness of Waukesha County law enforcement.
According to Bucher, James Oswald panicked that day as the driver of a van taken from
hostage Judy Opat's home, and Ted Oswald believed that, had he been driving, they
would have escaped.
"Thankfully, he encountered Capt. James Lutz, one of the bravest individuals, or they
would still be out there," Bucher said.
Bucher said all Lutz would have seen was Oswald unloading his weapon into his squad
car, with no time to react. "He made sure Captain Lutz would never go home," Bucher
said. "The community has never healed from the heartless terrorist act committed on
the seat of that car that day."
During the retrial, Bucher said Oswald attempted to change his story from one of
coercion by his father to participate in the crimes to one of insanity.
"This is the most violent individual I have ever encountered and it was Theodore
Oswald who was in control that day," Bucher said.
Bucher asked the judge to consider the gravity of the crimes, the character of the
defendant and the effect the crimes had on the community in handing down the most
severe sentence possible for Oswald, who also spoke before sentencing in a rambling
and disjointed speech about the Bill of Rights.
Oswald said he had been stigmatized for the prior conviction and that he had achieved
a level of remorse "separate from politics over April 28."
"I will concur that homicide of a person is an awful deed," he said.
Oswald attorney Jensen urged Foster to consider a sentence that would hold out the
possibility of parole for Oswald near the end of his life.
"There will come a time when he poses no further danger to the community when he is
an old man," Jensen said.
Jensen said that although he searched for words to be able to get through to Ted,
words had failed and the years under James Oswald's tutelage had molded Ted into his
own evil image.
"Ted needs a lot of help, time and counseling to undo the damage," Jensen said and
pleaded with Foster to impose a "real sentence," not a symbolic one, that would make
Oswald eligible for parole in 2047 when he would be 70 years old.
Jensen also said the aged in prison are an embarrassment to our society and show a
lack a mercy.
"There are many quiet people in the community who are not clamoring for the symbolic
sentence who can find it in their hearts to understand why this happened," Jensen
added.
Before handing down the sentence, Foster told Oswald a successful insanity plea is a
rare occurrence, and she believed he did know the difference between right and wrong,
even though he had been raised in a despicable environment.
"Great consideration has been given to your background, but it is not that rare,"
Foster said. "Your actions speak for themselves and without the victims of your
crimes it might be possible to consider some sympathy, but we cannot forget them."
Foster told Oswald she had regrets about the sentence she was about to impose only
because it gives another victory to his father and will add yet more grief to his
mother and sisters.
"This is about punishment, protection and deterrence," Foster said before sending
Oswald back to the Dodge County Correctional Center for the remainder of his life.
Oswald has 20 days to appeal the decision.
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I intend to last long enough to put out of business all COck-suckers
and other beneficiaries of the institutionalized slavery and genocide.
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"The army that will defeat terrorism doesn't wear uniforms, or drive
Humvees, or calls in air-strikes. It doesn't have a high command, or
high security, or a high budget. The army that can defeat terrorism
does battle quietly, clearing minefields and vaccinating children. It
undermines military dictatorships and military lobbyists. It subverts
sweatshops and special interests.Where people feel powerless, it
helps them organize for change, and where people are powerful, it
reminds them of their responsibility." ~~~~ Author Unknown ~~~~
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