A judge delayed announcing his decision on a motion to allow a convicted killer to be considered for a reduced sentence.
A spokeswoman in Circuit Judge Kevin Blazs’ office said Thursday the judge was still working on his order. Blazs said at the end of a Jan. 31 hearing that he intended to rule on the issue Thursday.
Curtis Cross murdered restaurant owner Kew Chin in April 1998 during an armed robbery. Cross pleaded guilty and was sentenced to life in prison.
Chin and his wife, who was there when her husband was killed, had three children, ages 4, 8 and 11. The Chin siblings testified at the hearing, sharing with the judge the devastating effect the murder had on the family.
“The few memories I have with my dad I hold on to dearly, and I cherish his memories,” said Arthur Chin, who was 8 when his father was killed. “But those memories are always outweighed by sadness and hurt and pain and grief and anger.”
Alice Chin, who was 4 when the murder occurred, knows her father mostly through the memories of others. “Most of all, I was told how much he adored his kids, and especially his little girl.”
The motion was filed under a 2011 law that allows state attorneys to request that a judge consider a reduced or suspended sentence for felons who have provided “substantial assistance” to prosecutors.
During the January hearing, three prosecutors detailed the assistance Cross provided in several cases, including information in murder cases and testimony in Stand Your Ground hearings.
“I don’t enjoy standing here and telling the family that, you know, yes, we believe that the defendant is entitled to have the court consider this,” said Assistant State Attorney Richard Mantei. “Normally I’m of a different opinion, but this is the exceptional case.”
Albert Chin, the victim’s oldest son, told Blazs that prosecutors were trying to stretch the law “beyond the intent of the Legislature.”
“If the prosecutors want to advocate for a sentencing reduction, if that is legally possible, or for his parole, then so be it,” said Chin, who worked for Holland and Knight and is now a lawyer for FedEx. “The law, however, does not support the request to reduce Mr. Cross’ plea and neither should the court.”
Blazs told Chin, “Just so you are aware, those are concerns that I had, and those things are issues that I have thoroughly explored. I do appreciate the position you are taking because they are concerns that I had.”
Chin acknowledged Cross’ cooperation with prosecutors in the other cases, saying, “The good deeds that Mr. Cross has done are not lost on me.”
Addressing his father’s killer, he said, “Mr. Cross, you have choices in life and I hope you continue to make good ones. I sincerely do.”
But, Chin told the judge, those deeds “should be considered another day, perhaps when he’s up for parole like he was last year. Let the parole board
decide the weight of these good deeds.”
Chin said Cross didn’t deserve a reduction in the case. “First-degree was appropriate because what Mr. Cross did was deliberate, planned, and he robbed and killed my dad.”
He asked the judge to hold Cross and the prosecutors accountable to the plea deal they reached 25 years ago. “First-degree murder meant something to us, gave us a little bit of comfort,” Chin said.
“Your honor, give my family peace. Let us hold on to what little justice we have received in this entire nightmare, a nightmare that we did not choose to be in, a nightmare that will never end for us,” Chin said.
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