An attorney for Kurt Kroboth, the former investment banker accused of donning a vampire mask and attempting to murder his estranged wife back in November 2004, has filed a motion calling into question the constitutionality of the sentence his client was handed on May 9. Judge William Shelton sentenced Kroboth to 25 years for attempted murder, with all but 10 years suspended. The defense had recommended a sentence of two and a half to five years; the prosecution recommended four and a half to eight years.
In his 10-page motion filed two days after the sentence was given, David Heilberg, Kroboth’s attorney, argues that his client’s sentence is in violation of Kroboth’s Sixth Amendment right to a trial by jury. Heilberg reasons that, because a jury would not have had the power to sentence Kroboth to a term greater than that which the defense or prosecution had recommended, then a judge does not have that power either. Moreover, Heilberg argues, Kroboth’s Sixth Amendment rights were further violated by the sentence because it was based on “facts not established by a jury beyond a reasonable doubt or admitted by the Defendant.”
According to Heilberg, this is the first time such an issue has been raised in Virginia.
Albemarle Assistant Commonwealth’s Attorney Cynthia Murray, who is prosecuting the case, has not yet responded, but did say after sentencing that the Commonwealth was “pleased with the outcome” of the case.—Nell Boeschenstein
In his 10-page motion filed two days after the sentence was given, David Heilberg, Kroboth’s attorney, argues that his client’s sentence is in violation of Kroboth’s Sixth Amendment right to a trial by jury. Heilberg reasons that, because a jury would not have had the power to sentence Kroboth to a term greater than that which the defense or prosecution had recommended, then a judge does not have that power either. Moreover, Heilberg argues, Kroboth’s Sixth Amendment rights were further violated by the sentence because it was based on “facts not established by a jury beyond a reasonable doubt or admitted by the Defendant.”
According to Heilberg, this is the first time such an issue has been raised in Virginia.
Albemarle Assistant Commonwealth’s Attorney Cynthia Murray, who is prosecuting the case, has not yet responded, but did say after sentencing that the Commonwealth was “pleased with the outcome” of the case.—Nell Boeschenstein