A state appellate court has upheld the eight-year prison sentence for
actress Amy Locane, who was convicted of vehicular homicide in a drunken-
driving crash in Montgomery in 2010.
On Sept. 17, 2020, Locane was sentenced by Superior Court Judge Angela
Borkowski to eight years in prison with a minimum mandatory sentence of
six years, nine months and 22 days. However, she received credit for the
two years and four months she initially served from Feb. 14, 2013 to June
12, 2015.
Her new eligible for parole date is Dec. 20, 2024, one day after her 53rd
birthday.
James Wronko, Locane's attorney, said that he "just can’t comprehend how
after five years later they can reincarcerate a person who already served
three years."
In its ruling, the court ruled that "a reasonable person would more likely
conclude that (Locane) received a just and fair sentence, one which fit
the crime."
Fred Seeman, a New York attorney, was driving with his wife around 9 p.m.
June 27, 2010, and turning into the driveway of their Montgomery weekend
home when Locane, who was a featured actress on the television show,
"Melrose Place," struck their vehicle while going about 20 mph over the
35-mph speed limit. Helene Seeman died in the crash and her husband
suffered serious injuries.
Locane's blood alcohol content was 0.23%, almost three times over the 0.08
legal limit.
In sentencing Locane, Borkowski said Locane was at several parties earlier
that day drinking wine and believed her then-husband was going to drive
her home. But when her husband drove home with their children without her,
Locane decided to drive drunk, the judge said.
The appellate court agreed with Borkowski that the sentence was warranted.
"Here (Locane) chose to get behind the wheel with a BAC level nearly three
times the legal limit," the appellate court wrote. "As the judge found,
her extreme intoxication practically ensured she would harm another. She
could have asked for a ride, called or a cab or simply stayed at her
friends' house. But, as she told police, she did not care because her
children were not with her."
It was the fourth sentencing for Locane, the former actress who starred
with Johnny Depp in “Cry-Baby” and came after an appellate court agreed
with the Somerset County Prosecutor's Office that retired Judge Robert
Reed's original sentence should be modified.
Locane previously had been sentenced to three years in state prison on
charges of vehicular homicide and assault by auto.
The Somerset County Prosecutor's Office appealed the sentence. An
appellate court decision called Locane's sentencing "excessively lenient"
and ordered that she return to Superior Court for a new sentencing.
But after Reed did not follow the appellate court decision in the second
sentencing, the prosecutor’s office again successfully appealed.
Judge Kevin Shanahan then sentenced Locane for a third time in February
2019 to five years in state prison. That sentence was again successfully
appealed by the prosecutor's office.
In its 24-page decision on Tuesday, the appellate court ruled Borkowski
"imposed a sentence befitting the crime, not just the defendant (Locane)."
During the sentencing hearing, Locane presented letters attesting to her
years of sobriety. She also argued that going back to prison would harm
her two children both physically and emotionally. Locane also contended
that her own health would suffer because she had developed microscopic
colitis.
But Borkowski rejected those arguments, saying that Locane had yet to
accept full responsibility for the crash.
"No one else is to blame for what happened that night to the (victims) but
you," the judge said. "Until you recognize that you alone by your actions,
beginning with the decision to drive after drinking, are responsible, you
are at risk to commit another offense."
The judge also noted that Locane's two children may suffer less than other
children with incarcerated parents because they have a strong support
system, including relatives and professionals.
Borkowski also rejected the argument that Locane's volunteer work since
her trial should mitigate the sentence. Locane also argued that the $1.94
million insurance settlement to Fred Seeman should be a factor.
The appellate court agreed with the judge.
"No amount of money can compensate a family for the loss of a loved one,"
the appellate panel wrote. "Nor can community service offset the taking of
a life, no matter how praiseworthy that service can be."
The appellate court also rejected Locane's argument that Borkowski should
have recused herself because Wronko's law firm had represented her niece
in a municipal matter.
"Recusal was unwarranted under the relevant guidelines," the appellate
court wrote.
https://news.yahoo.com/court-upholds-8-prison-sentence-142117947.html