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A Clerical Error Puts a Man Back in Prison for 90 Years
Free Patriot ^ | May 12 2014 | Tim Walker

Posted on 05/13/2014 1:46:05 AM PDT by PoloSec

Rene Lima-Marin had been free for nearly 6 years. Living a good life with his wife and children since his release in 2008, but that was all about to change for the convicted armed robber.

Marin, originally from Aurora, Colorado opened the door this past January, 2014 only to discover the police who were there to arrest him. In the end, a court clerk’s error led to the release of Marin, 90 years to soon. Colorado authorities did not discover the mistake till January and immediately sent him back to prison to serve the rest of his 98 year sentence.

Lima-Marin’s case brings light to the numerous other clerical errors that have let criminals go free. In the state of Missouri, a judge this week freed a convicted robber who didn’t report to prison, though the robber tried to do so multiple times, all due to clerical error. A California murder suspect who had been freed last year due to a clerk’s error was also captured this past Thursday.

Marin and his friend were convicted in 2000 on multiple robbery, kidnapping and burglary charges that involved two violent robberies. Marin at the time was only 20, but the pair ordered the employees in once case into a back room at gunpoint and demanded money stored in a safe.

The judge in the case sentenced Marin to serve back-to-back sentences on eight counts, for a total of 98 years. The court clerk in the case mistakenly wrote in his file that the sentences were to run concurrent. Marin was released on parole in 2008 after serving the noted 8 year term on his paperwork.

Marin set about building a life, while prosecutors now say he was fully aware of the clerical error. Marin, now 35 years old, took on various jobs, stalling windows and making good money. He connected with his former girlfriend, they married in July of 2012, a celebration of his 5th year anniversary of his parole and a celebration to the new life ahead.

Lima-Marin’s co-defendant, Michael Clifton, nearly received the same release from prison until he filed an appeal which uncovered the mistake. Clifton is serving the same 98 year sentence. Marin filed his own appear but in a rare move, asked the court to dismiss it less than a year later. The motion to dismiss the appeal shows the prosecutors in the case that Marin was well aware of the clerical error before his release.

Colorado State Public Defender, Doug Wilson would not comment on the case. In April, a judge declined to set Marin free at his public defender’s request. The judge in the new case set forth in the system said Marin knew he should have served 98 years but remained silent about the mistake.

Marin’s wife Jasmine noted that her husband had led a good life outside of prison and that people do change and reform themselves. She also noted that Marin did not hide his identity or leave the very region is lived his entire life in to avoid prosecution. Jasmine believes that Marin was handed a second chance at life and they [the police] have taken that away from him.


TOPICS:
KEYWORDS: 90years; donutwatch; mistake; parole; prison
Photo of Rene Lima-Marin with family at site.

His luck ran out, these next 90 years will be much harder to serve.

1 posted on 05/13/2014 1:46:05 AM PDT by PoloSec
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To: PoloSec

I do think the sentence should be dismissed. While do we want people to serve time for their crimes, if they reform themselves, we should take it into account. A justice system that insists on the absolute letter of the law is not administering justice. By definition, justice cannot be absolute - it must take into account the particular facts of the case at hand, including the defendant’s conduct when he remained free in the world.


2 posted on 05/13/2014 1:58:15 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: PoloSec

~~~stalling windows~~~

OK.


3 posted on 05/13/2014 1:59:54 AM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: goldstategop

Meanwhile under Obama and Holder: Not only did Homeland Security spring 68,000 criminals who are in the country illegally rather than process them for deportation in 2013, it freed nearly 40,000 in detention while they waited to hear if they’d been booted, the Center for Immigration Studies reported.

The 36,007 released from Immigration and Customs Enforcement custody included criminals convicted of homicide, sexual assault, kidnapping, and aggravated assault, and in 16,000 cases, nailed for drunk or drugged driving, the Center reported, citing an ICE tally.


4 posted on 05/13/2014 2:22:10 AM PDT by maddog55 (I'd be Pro-Choice if we could abort liberals.)
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To: goldstategop

While I agree - he is not that bright if he thought the law would not eventually get around to re-arresting him. If I was him I would have changed country - moved to Canada or South America!


5 posted on 05/13/2014 2:42:05 AM PDT by melsec (Once a Jolly Swagman camped by a Billabong.)
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To: PoloSec

He rehabilitated himself, that fact is intolerable to the ‘justice’ system. So he had to be ‘punished’ for it.

I guess you could also say this is another instance of zero common-sense like you see in the school systems today when it comes to chewing a pop-tart into the shape of a pistol.


6 posted on 05/13/2014 2:43:46 AM PDT by The Working Man
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To: PoloSec

99 years for robbery? Is the private prison system providing kickbacks to judges and contributions to campaigns for politicians to appear tough on crime? It isn’t healthy to have a justice system with a commercial motive for keeping convicts locked up for as long as possible and not rehabilitate them.


7 posted on 05/13/2014 3:12:14 AM PDT by sinsofsolarempirefan
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To: PoloSec

Someone must be running for political office....

Can’t be targeted as soft on crime....


8 posted on 05/13/2014 3:23:12 AM PDT by Popman ("Resistance to Tyrants is Obedience to God" - Thomas Jefferson)
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To: PoloSec
Describing this story as poorly written would be too kind. The title inaccurately describes the clerical error resulted in putting the perp back in prison (the clerical error resulted in his release from prison). Getting past the factually inaccurate title, we find the following English slop:

90 years to soon...

ordered the employees in once case into a back room...

...stalling windows and making good money.

Marin filed his own appear...

...the very region is lived his entire life...

9 posted on 05/13/2014 3:37:00 AM PDT by NautiNurse (Obama sends U.S. Marines to pick up his dog & basketballs. Benghazi? Nope.)
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To: NautiNurse

Just more clerical errors. Did the author formerly work as a court reporter?


10 posted on 05/13/2014 3:40:34 AM PDT by Cvengr (Adversity in life and death is inevitable. Thru faith in Christ, stress is optional.)
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To: goldstategop

Ummm, the clerical “error” did not put him back in prison, it got him out. How many of these clerical errors are really just errors?


11 posted on 05/13/2014 3:48:21 AM PDT by Lonesome in Massachussets (This is known as "bad luck". - Robert A. Heinlein)
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To: goldstategop
Good post goldstategop, I agree with your statement and hope he is released soon.
12 posted on 05/13/2014 5:08:21 AM PDT by 2001convSVT (Going Galt as fast as I can.)
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To: sinsofsolarempirefan

Kidnapping.


13 posted on 05/13/2014 5:24:39 AM PDT by Eric in the Ozarks (Rip it out by the roots.)
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To: NautiNurse

I’m wondering what the man’s skin melanin content had to do with the story.

Seems irrelevant to me. I guess I don’t try to politicize race at every opportunity, though.


14 posted on 05/13/2014 5:27:19 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: PoloSec

A clerical CORRECTION puts him back into prison.

(Who writes this stuff?)


15 posted on 05/13/2014 5:45:22 AM PDT by nonsporting
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To: PoloSec

Good grief! Was this written by someone for whom English is a second language? Starting with the contradictory headline, it is one big mess.


16 posted on 05/13/2014 6:13:44 AM PDT by Bigg Red (1 Pt 1: As he who called you is holy, be holy yourselves in every aspect of your conduct.)
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To: PoloSec

So who is the “Javert” who prides himself on capturing this “ValJean”?


17 posted on 06/06/2014 3:19:51 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: F15Eagle
~~~stalling windows~~~

Not to mention:

...90 years to soon.

18 posted on 06/06/2014 3:25:19 PM PDT by facedown (Armed in the Heartland)
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To: PoloSec
A Clerical Error Puts a Man Back in Prison for 90 Years

No.

A Clerical Error Puts Man With 98 Year Sentence Back on the Street; Correction Sends Him Back To Prison for 90 years.

19 posted on 06/07/2014 8:42:20 PM PDT by Half Vast Conspiracy (Settled science.)
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To: Half Vast Conspiracy; bamahead

How many convicted murderers, pedophiles and rapists walk the streets prowling for new victims while the Just-Us system preys on men who turn from crime and reform themselves?


20 posted on 06/08/2014 11:47:35 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: sinsofsolarempirefan
Is the private prison system providing kickbacks to judges and contributions to campaigns for politicians to appear tough on crime?

Actually, yes - they are:

4 Industries Getting Rich Off the Drug War

According to a report from the Justice Policy Institute, lobbyists for the private prison industry have pushed “three strikes” and “truth-in-sentencing” laws across the country.

21 posted on 06/08/2014 11:54:28 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: Altariel; Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; amchugh; ...



Libertarian ping! Click here to get added or here to be removed or post a message here!

22 posted on 06/08/2014 11:55:13 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: PoloSec

We let 5 freakin terrorists free so they go back to serialing killing.

Far as I know, this guy didn’t kill anyone and reformed his life.

We want people to serve time but, if they prove themselves regular citizens, them I’m good with the 8 years he served.

Personally, I’d kill my cohort for filing an appeal after already being let out and causing this....

Got nuttin to lose now...


23 posted on 06/08/2014 12:05:07 PM PDT by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: PoloSec
The judge in the new case set forth in the system said Marin knew he should have served 98 years but remained silent about the mistake.

And the court's clerical accuracy is his responsibility because......

24 posted on 06/08/2014 5:43:52 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: PoloSec

The bigger issue in my view is why in the hell is a court sentencing someone to 98 years for armed robbery? That’s a life sentence and well beyond what’s necessary. The taxpayers will be on the hook to pay to keep someone incarcerated who has already demonstrated that he’s capable of living outside the penal system.

This is a racket. We have the highest incarceration rate in the world. Our streets aren’t particularly safe as a result. Obviously some people are profiting from this failed policy or it wouldn’t continue.


25 posted on 06/08/2014 6:17:31 PM PDT by RKBA Democrat (Be a part of the American freedom migration: freestateproject.org)
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