Ariel Castro Sentencing Hearing. Part 2. Life without parole plus 1000 years.

[00:00:00] Speaker 1: these are live pictures right now from from from the courtroom yeah we have an assistant county [00:00:05] Speaker 2: prosecutor um they're talking with each other that the the young woman there we're [00:00:15] Speaker 1: you're gonna bring castro out we're bringing castro out who who was the young woman there you can ask our if you can ask our cameraman who was on the scene he's but we are looking at live television pictures right now from the courtroom we've taken a recess of about 15 minutes or so uh ariel castro back in the courtroom uh gentlemen his his his demeanor that he doesn't seem fazed by by any of this or am i misreading something well you know [00:00:41] Speaker 2: uh judge russo entered a formal order telling castro to knock it off stop looking down look at me be attentive and after that order was entered look at the kind of almost animation we're seeing from the defendant there's no screwing around the judge was very serious about it and once again we're looking [00:01:01] Speaker 1: at i don't want to get i don't want to guess on anything because we've seen so few pictures of uh that is michelle knight yeah yeah that is michelle that is michelle that is michelle knight michelle knight one of the victims and it was thought that she was going to testify that she was going to speak today and given in given impact uh uh correct correct right the victims uh in this case have a right to [00:01:30] Speaker 3: come into court and testify they can testify openly in court obviously michelle might be doing that shortly the other methods whereby they could appear is through a victim impact statement which is often read by a family member and then finally uh they could appear via video as well it remains to be seen [00:01:46] Speaker 1: it actually has the attention of castro he was looking over the his uh his attorney uh uh uh jay uh jay uh slackett over his shoulder looking in that in that direction and uh surprised doesn't he yeah he [00:01:58] Speaker 4: does yeah and i think another thing too leon is going to be interesting is i've been watching castro's body language and i'm very much into that and it amazes me that you know about his body language and what he thinks about this whole thing but more importantly you know he's probably going to say something and i really think he's going to lean towards you know i'm a victim almost coming off like i'm a victim also right you know and and that and that's going to be hard for people to digest that you know maybe he's got some issues going on but i think he's going to try to partially justify that he was not in control of his actions that he could not control his actions and he has that split personality and i i you're going to see him almost semi-justify and say i just can't control myself but it probably won't wash [00:02:44] Speaker 1: it's not going to wash here not up to 13 226 days of captivity uh people aren't going to appreciate [00:02:52] Speaker 4: him taking that stance that's going to be a real real hard thing and and hopefully uh if i was his attorneys i would have coached him not to try to come off that way but i suspect he's going to look [00:03:03] Speaker 1: how he's reacting i mean he's a very animated guy i was i was taken by by all the all the photographs of the chains the the 99 feet of chains are in that house and almost 100 pounds almost 100 pounds of chains and it is castro himself who is wearing chains around his ankles right now he is handcuffed and his and his ankles are shackled as well he is the one in chains avery what's defense what's defense saying to him what do you think defense is telling him right now actually you can you can see [00:03:35] Speaker 2: part of it um this is a pretty wound up guy they're about to start up but i think they're trying to calm their their client down he seems to be getting a little out of control and they're trying to take charge of this because we we are far from done here yeah they're telling him hey look you see who's in [00:03:51] Speaker 4: this courtroom and there's going to be other family members in the courtroom and you know what keep it short simple and sweet you know be careful once again and ron you said earlier that they were trying [00:04:02] Speaker 1: to just to humanize the man that's correct just just for the sake of well that's to what defense attorneys do is represent the client all the way to the end of the line they're doing everything that [00:04:13] Speaker 3: they can as defense counsel now just as the victims in this case are going to address the court ariel castro has a right to address the court as well and and as was indicated you know even during the change of plea he he took issue with some of the language whether he was a sexually violent predator or not um he also indicated that he himself was a victim so we expect to hear more about that you mentioned how you know these young women were in chains and now he's in chains the one thing we do know is at the end of this hearing upon sentence michelle knight is going to walk out of that courtroom with the freedom to live her life knowing that ariel castro will never exit prison the whole world is [00:04:52] Speaker 1: watching this not not only people here in cleveland but the whole world is watching this um what what what what what are the attorneys in this case what's prosecution in your thought saying to the world [00:05:07] Speaker 3: well they're they want to show that the importance of what they're doing is showing that we have accuracy and reliability in the results in the criminal justice system that verdicts and decisions that are reached are based upon evidence and they're showing right now that there's ample evidence to justify the conclusion in this case and they also want to bring justice uh to this entire matter as [00:05:29] Speaker 1: well as closure for these young women that's a word from the counselor on my left elbow let me go to the counselor here on my right elbow avery friedman what do you think what the prosecution is saying to the [00:05:38] Speaker 2: world you know i gotta tell you um i'm not going to disagree with anything that was said but i'm more inclined to look at this on the world stage the world is watching this and it really means this for men whether they're in cairo whether they're in thailand whether they're here in america when they abuse and injure women there are going to be consequences the message coming out of ariel castro is one for the world and this prosecution has the obligation to get that message out that when women are abused and injured there are consequences and that's a powerful universal message uh tim demhoff uh national security [00:06:20] Speaker 1: consultant former police detective with the akron police department uh were there any missteps on the part of law enforcement in the handling of this case did you see anything that that was a misstep in the [00:06:32] Speaker 4: last in the last many months that well i think there's two sections there's a section of did the police do anything say not right or not totally what they should have done before they were discovered and then there's the case after they were discovered and the after discovered i would say it was a very very thorough job they had everything from different law enforcement experts forensics evidence uh really did a great job and the biggest thing is they work together with a lot of different agencies and sometimes there's problems working together with other agencies and there's egos that get in the way i didn't see any of this and on the flip side i got to say something about the defense attorneys i think they did it one thing very well i think they came out and their theme was our guy cooperated we're not even going to begin to argue what he did and was involved in was anywhere near right justified any excuses they're really the theme that they have is he and we cooperated from day one and that's what they're trying to drive and that's what they're trying to get castro to stay focused on and i don't know if he will and the prosecution has one other thing look we gave him a thousand years okay world it's a thousand years in a in a small cubicle and they want to justify it and that and that's really where we're at here with this [00:07:50] Speaker 1: whole thing you know perhaps in a cubicle smaller than 11 and a half by 11 and a half which was the dimensions of one of the rooms uh i already know the way you're putting it i think that's exactly it'll be smaller than the rooms in which he held them captive uh tim dimhoff while we got here we're looking at a picture uh right in the foreground there the the right in the center of the screen that's tim mcginty county prosecutor you have worked with prosecutors during your time as a police detective at akron what's prosecution saying right now what are they thinking right now what they're thinking right now [00:08:22] Speaker 4: is let's put the icing on the cake let's bring family and or victims out here let's get a statement and let's end this thing and and and let's get out of here because you know what right now the prosecution is very close to doing too much today here i'm starting to get the feel that if they go too much and present too much it's almost going to drown out their theme so they got to say let's end it on [00:08:43] Speaker 1: a sharp note let's go back to the courtroom of judge michael russo we have finished with the recess the judge has entered the courtroom once again thank you your honor as part of the parcel of the state's [00:08:52] Speaker 5: presentation this afternoon uh the most important part is the victim impact statement um all three victims um two of them are represented by family members and one victim sean knight is present here in the courtroom and we'll address you we'll begin this afternoon judge with um sylvia cologne who's representing gina de jesus and accompanied by henry kyle the attorney for the panel would they be [00:09:21] Speaker 6: comfortable at the podium would they like to be up here they i believe are going to stand in front of you [00:09:26] Speaker 5: your honor and directing you we asked about going [00:09:49] Speaker 7: good afternoon ma'am my name is sylvia cologne and i am a cousin and spokesperson for the day jesus family we have enjoyed our low-key lives and pray we can continue to savor our privacy on behalf of my entire family we would like to thank the honorable judge michael russo office of prosecutor timothy mvinti and staff as well as the defense team for an accelerated resolution to the castro case today we will close this chapter of our lives family members we love you to our friends neighbors fbi cleveland police attorney henry hiro and our attorneys at jones day the great city of cleveland and too many others to name thank you and god bless you for nine long years you've been by our sides encouraging and supporting us we shall never forget you you are now part of our family to the castro family we are saddened that you are burdened with this horror and will unfortunately forever be tied to these atrocities please know that we do not hold you accountable and pray that you can one day be whole again continue to love and support one another we promise you that with this recipe you will be triumphant our family recognizes it is not for us to judge or determine any punishment only our higher power can do that today is the last day we want to think or talk about this these events will not want a place in our thoughts or our hearts we will continue to live and love we stand before you and promise you that our beloved family member thrives she laughs she swims she dances and more importantly she loves and she's loved she will finish school go to college fall in love and as she chooses she will get married and have children she is where we will continue to put in our energy she lives not as a victim but as a survivor her insurmountable will to prevail is the only story worth discussing we continue that we ask that you continue to give her and our family privacy as we continue this journey back into society to ariel castro thank you [00:13:23] Speaker 6: thank you ma'am [00:13:30] Speaker 5: your honor your honor next is best serrano accompanied by james willie the attorney for the family and her husband mr serrano i'm the outcome of annie barry [00:13:48] Speaker 8: good morning mr serrano welcome what would you like to say hi my name is best serrano i am annie barry's my mother and sister the impact of these crimes on our family is something that we do not want to discuss with people we don't know even if i wanted to talk about it it is impossible to put in two words for me i lost my sister for all the years and i thought it was forever and we lost my mother forever she died not knowing my mother and sister the two ones loving people in the world it is impossible to put into words how much it hurts amanda is here is not here today she is strong beautiful inside and out and is doing better every day she is not just my only sister but the best friend i have the best person i know she does not want to talk about these things she has not talked about these even to me and she does not want others to talk about these things the main reason she does not want anyone to talk about these things or be forced to talk about these things is because she has a young daughter she would love to be the person who decides to tell her daughter when to tell her daughter how to tell her daughter there's certain things when people say things and file things in court it is public it is written and talked about by people we don't know amanda's concern is that her daughter will hear about things or read about things said by the wrong people the wrong way at the wrong time before amanda thinks the time is right to tell her her daughter my sister has asked me to say the same thing she has been saying since this case started please respect her privacy she does not want other people to talk or write about what happened now that there will be no trial there doesn't seem to be any reason at all why people cannot do what she asks amanda did not control anything for a long time please let her control have control over this so she can't protect your daughter she will do anything to protect her daughter she also asked me to say that she is grateful this case is over she wanted to say thank you to the people they have supported her and our family including james woolley henry highwell heather kemmel and everyone at the jones bay law firm the fpi quaver police the hastings family the entire community and everyone else who's continued to stand by our side we appreciate everything we appreciate everyone's support and kindness thank you thank you ma'am [00:16:29] Speaker 5: Your Honor, Michelle Knight was dressed to you. She's accompanied by her attorney, Kathy Joseph, and a member of the victim's legal... Lisa Mariela. [00:16:51] Speaker 6: Thank you. Good afternoon, Ella. [00:17:12] Speaker ?: Good afternoon. [00:17:14] Speaker 9: My name is Michelle Knight, and I would like to tell you what it's like for me. I miss my son every day. I wondered if I was ever going to see him again. He was only two and a half years old when I was still king. I look inside my heart, and I see my son. I cried every night. I was so alone. I worried about what would happen to me and the other girls every day. [00:17:58] Speaker ?: I'm so alone. [00:18:01] Speaker 9: Days never got shorter. Days turned into nights. Nights turned into days. Years turned into eternity. I knew nobody cared about me. He told me that my family didn't care. He told him and he passed me, even on holidays. Christmas was the most dramatic day, because I never got to spend it with my son. Nobody should ever have to go through what I went through or anybody else, not even the worstest enemy. Gina was my teammate. Gina was my teammate. She never let me fall. I never let her fall. She nursed me back to health when I was dying from his abuse. My friendship with her is the only thing that was good out of this situation. We said we will someday make it out alive. And we did. Ariel Castro, I remember all the times that you came home talking about what everybody else did wrong and act like you wasn't doing the same thing. You said at least I didn't kill you. For you took 11 years of my life away, and I have got it back. I spent 11 years in hell. Now your hell is just beginning. I will overcome all this that happened, but you will face hell for eternity. From this moment on, I will not let you define me or affect who I am. You will live, I will live on, you will die a little every day. As you think about the 11 years and atrocities you inflicted on us. What does God think of you hypocritically going to church every Sunday? Coming home to torture us, death penalty will be so much easier. You don't deserve that. You deserve to spend life in prison. I can forgive you, but I'll never forget. With the guidance of God, I will prevail and help others that suffered at the hands of others. Writing the statement gave me the strength to be a stronger woman and know that there's good, there's more good than evil. I know that there's a lot of people going through hard times, but we need to reach out a hand and hold them and let them know that they're being heard. After 11 years, I am finally being heard and it's liberating. Thank you all. I love you. God bless you. [00:21:16] Speaker 6: Thank you, Ms. Stein. Mr. O'Reilly, you were going to cover some of the sentencing criteria. [00:21:30] Speaker 5: Yes, Your Honor. Pursuing to Criminal Rule 2929.11, the purposes of felony sentencing, and 2929.12, seriousness of crime and recidivism factors. Judge, as you well know, the purposes and principles of sentencing are to punish the offender and to protect the public. This case speaks volumes with regards to the defendant's actions. If we look at the harm that has been caused to this victim, the only thing I need to tell you is 13,226 days of captivity. His actions of luring these victims, vulnerable victims, a victim that wanted to see her son, luring that woman for puppies and then keeping her health captive for the next 11 years. Luring the other two young women, they're ages 16 and 14, that is something you need to take into consideration. Under the guise of coming to see his own flesh and blood, his daughter's, and then holding them in captivity for the next 10 years for Amanda and 9 years for Gina. He locked the doors, he kept them chained, he used dirty socks when they screamed for help, there was duct tape and motorcycle helmets. That's what you need to consider, your honor. Repeated pattern of sexual abuse, physical abuse, laying a hand on a woman, on anybody is a crime in this country. And he repeatedly did it for his own benefit. That's what needs to be considered, the impact on the victim. He dictated, he dictated when they ate, when they slept, when they could talk, when they could interact. He dictated when they could go to the bathroom and if that commode would even be empty based on their defiant behavior. He tormented them by allowing them to watch their vigils where members of our community circled around the families looking for them on their anniversary dates. And he even had the audacity to attend them and to talk to the family members knowing full well that these women were in his captivity. They were right underneath his roof. Again, what kind of impact on this victim? As Michelle just told you, he would go to church on Sundays and come home and torment them. He told them that they had to respect their elders. He was their elder and they had to do exactly what he wanted, when he wanted, and whatever he wanted. He bartered food. He gave them money and then he took it away. He made them clean to earn their keep. He provided no medical attention. From the oldest victim to the youngest. The child was born in the swimming pool. That impact alone, your honor. That child wasn't breathing. But for a young woman who had the courage to breathe some life into that child, that child may not even be here. And to exacerbate that, he further kept the placenta in the refrigerator as a momentum. And then he discarded it when they were getting close to him being copped. Brazen behavior, your honor. Giving the appearance that he was a good guy in the community. That he would take out the six-year-old child, his only daughter. And represent her as the daughter of his girlfriend. That is brazen behavior of a cold, calculating, self-absorbed human being that does not need to see the light of day. You, as a judge, are entrusted with the powers of sentencing. This is a court of law. It is not one of mercy. This court doesn't impart mercy. Only God gives mercy. His actions have spoken so loud in this community. And by this plea, we hope that anybody else who challenges law enforcement or anybody else in the field, that will prevent this kind of behavior from ever happening again. I think Michelle said it best to you. It was an attorney, your honor. And that's what he deserves in his sentence. The minimum is a thousand years. But this court can go higher. And the reason for our hearing today was to give you a picture of what happened in 2207 Seymour. It was by no means any way to disparage, to humiliate, or to embarrass. Or to tell a story to a child. It was information that's being given to a court of law to impose a sentence. And that's what we did. Thank you. [00:27:43] Speaker 6: Thank you, Ms. Braulio. No, your honor. [00:27:54] Speaker 10: Ultimately, I think that the statement that I made prior to the presentation reflects our true feelings about the presentation that was made. And in our opinion, I feel that it was inappropriate. And I think as Ms. Knight said, as well as some of the other family members that were here on behalf of victims, these were really private matters. And I understand the point for sentencing purposes. But this sentence was agreed upon. And Mr. Castro waived his fault right to shield any of facts and instancing this case. This is a highly unusual case. He has agreed to life without parole. And he'll suffer as a result of a plea. And the 1,000 years, minimum of 1,000 years to life is also seems to be supportive of us to be like the alcohol. But we understand the reasons why the prosecutors included that in the plea agreement. [00:29:03] Speaker ?: Thank you. [00:29:04] Speaker 6: In terms of law, the court has a lot of discretion under the sentencing statutes in terms of its findings. But I don't think that the presentation by the prosecutor, although more likely than one we would ordinarily have in a case, the facts of this case and the span of the crimes are unprecedented in this county. And if you're aware, as I'm sure you are, State v. Venice, which is a recent decision from May in our Court of Appeals, when there are consecutive sentences sought to be imposed, the court must apply with 2929.14 C. And I have to make specific findings relevant to those factors. Since there was not a trial, in a trial I would have heard all the facts and could have applied them for sentencing. But here, there was a plea, there was no PSI, so I understand why the State presented some of the information. It was toned down greatly, as far as I could understand, the original potential testimony of trial. So I respected the defense position, but at the same time, in order to determine whether I wish to impose the recommended sentence, I have to make those findings and I have to have a basis for them. So it has been relevant in that sense and, in my view, necessary. Anything that was seeking to generate any passion or prejudice or emotionalism, I've discarded it. And that will not be part of my decision here. Mr. McGill, as your side, you're done, correct? [00:30:59] Speaker 11: Yes, Your Honor, unless the defendant makes a statement, then I would reserve the ability to count it upon it. [00:31:06] Speaker 6: Well, if you want to make a statement, make it now. Because then if Mr. Castro wants to make a statement, that will be the end of it. Okay? [00:31:18] Speaker 11: Your Honor, thank you. If you have noted these are unprecedented crimes to call for an unprecedented sentence, the great confidence in this court's ability to decide the correct sentence based on your experience and your understanding of the law in the 937 convictions before you. The presentation and facts, now that there is a record of the facts, demonstrate the depth of the defendant's decrepity [00:31:49] Speaker ?: and the time appropriate. [00:31:50] Speaker 11: We agreed to a recommended minimum sentence of $1,000. There are $9,245 years available, $11 million, $650,000 plus available in fines. The, we do not want this man profit now or in the future from this crime. We will, we appreciate whatever sentence you deem appropriate. They took advantage of young, enrollable children with a plan, as the record calculated, to help the record, help this court grab and get a feel of the, of the, of the criminal acts. [00:32:35] Speaker ?: It's been a disaster to this community. They, the ultimate disaster to these three or four individual victims and to their family. [00:32:40] Speaker 11: The, uh, the anguish they experienced is almost undescribable. So, in these short few hours here, we tried to help the record, help this court grab and get a feel of, of the, uh, extraordinary defamation that these victims have heard. One victim, Michelle, in the morning, she wakes up in the hospital, puts out the window for her first day, the first time she gets to see the sunrise. It was a cloudy day, but it was beautiful to her. That was her first opportunity in over a decade to see what the outside looked like, to see what green looked like, to see life, the, what this man did as a master manipulator then and now when it continues. We've heard this claim, sudden claim that he suffered from mental illness. The, there is absolutely no backing to that claim. He had no psychiatric, uh, disorder. It's noted in Dr. Wesnick's, uh, there's no psychiatric diagnosis. He has no psychiatric, uh, excuses. He is responsible. Does a man like he or Casey or Bundy have a problem? They sure do. And is he a sexual predator? He sure is. And do sexual predators, should they seek help? They sure should. They shouldn't even engage in such an activity. He has no excuse. He has run a series of attempts to blame others. In fact, he takes no responsibility when flustered. He blames others. He blames the children and the victims and now women who entered his car for getting into his car. He constantly berated them for listening to him, for not doing what they were told, not doing what they were taught in school. They, he takes no responsibility. He has no sincere remarks. The only reason he pledged this crime and agreed to this sentence was, uh, to avoid a death penalty sentence for himself, for no one else. The, uh, we, uh, we thought, we heard the evidence of the methodical tortures and, uh, issues that he caused and the harm he has caused to the victim. [00:35:12] Speaker ?: I will not elaborate on it. It was the, uh, the victims themselves and the doctors and the other witnesses have demonstrated that. [00:35:23] Speaker 11: But his attitude is what I want to comment. Before we hear from it again, the, he said if he had to do it, he would do it all over again. He doesn't believe he did anything wrong. The, uh, that, that is what the ultimate, uh, issue is and calls for this function. There is no remorse, and that is a factor, as the court well knows, in the, in the evaluation. We thank and admire the victims and their courage for how they survive, how they work together, as we heard, teammates is the word we heard today. They, uh, to, uh, to survive the ordeal, to live through this, to live, to testify, to live to the point, survive, to go back to their families, those that were left. Amanda, of course, her own mother had died in the meantime, she sadly wrote to her in her diary, um, and had regular basis to her mother. Then she had to write to her deceased mother. She had to sit there and tell her loving mother what she would have told her. She then had to learn of her own mother's funeral, and then she has to learn of this man, the guy who goes to church on Sunday, comes home, beats and rapes him, that this man had the audacity to go to their vigil. And then they can see it on TV, allows them to see it on TV, they're vigil. Then he has the audacity to go to Gina's mother, when he sees it online or on Facebook, to go get a poster, to post, uh, of the daughter he has, that he knows, that her mother is looking for, begging for, praying for, and he has in his own home, and he's tortured her. This man deserves as many years and as much punishment, uh, as his court can possibly, uh, give him. We thank the courage of, of the victims, they have inspired us all, they have inspired law enforcement, they have inspired the prosecutors, they have inspired their families, and they have inspired other victims in the future. Thank you, Your Honor. [00:37:40] Speaker 12: Thank you. [00:37:40] Speaker 13: Your Honor, before proceeding, uh, I would offer the binder of our marked exhibits that are in support of the plea agreement, and I'll note that states 18, the firearm, will be retained by the state of Ohio. [00:37:53] Speaker 12: Continuing objection to the introduction of the inappropriate material, Your Honor. Thank you. [00:37:59] Speaker 10: Judge, Judge, specifically, we object to, uh, state's exhibit 17, which is the, uh, actual full interrogation of Mr. Castro, uh, by the police officer. It's my understanding that the only thing that was going to be introduced to this hearing, was going to be the synopsis that was presented by, I believe it was detective, uh, Dave Jacobs. [00:38:22] Speaker 6: You met the other day about this, correct? [00:38:24] Speaker 11: Yeah, and not, not the actual video itself. That's not my understanding. I've reached over him with anyone on that subject. [00:38:32] Speaker 6: Do you have the synopsis in here? [00:38:36] Speaker 11: Yes. [00:38:36] Speaker 6: Yes, but it's not in there. Well, so you can provide the synopsis, which you have read, and is a, uh, less volatile version of events. Um, that'll be accepted by the court, and I'll, uh, return the DVD to you of the actual interview. Um, that's fine. [00:38:54] Speaker 12: Thanks. Exhibit 11, Your Honor, is a three-page written statement of Mr. Castro. That is, uh, represents a synopsis that was the result of the second interview. [00:39:02] Speaker 11: Well, Your Honor, the statement of Mr. Castro is in no way a synopsis of the, uh, more than a dozen hours of interrogation of Mr. Castro. That's Mr. Castro's, uh, uh, uh, make me feel, make you feel sorry for me, uh, statement. [00:39:18] Speaker 6: Mr. McGinney, you seem to be operating under the impression that I don't know what this case is about. [00:39:23] Speaker 11: I'm with the future reader of his record and what it's about, Judge, 20 years from now. This guy's setting up his appeals right now. Promise not to appeal. He'll appeal if he wants out the door. [00:39:35] Speaker 6: I don't see the DVD in here. If you have it, keep it. If it's in here, you'll have to take it out at the end because the DVD won't be going, and you can substitute that, you know... [00:39:44] Speaker 13: I'll be on the witness stand, and I'll be here with you. [00:39:47] Speaker 6: Thank you. All right, Mr. Schlackett and Mr. Weintraub, you've now heard some additional information. The state's done. Anything that you wish to say on behalf of your clients, uh, with respect to, uh, um, the issue of sentencing, mitigation, anything else? Judge, I believe that Mr. Castro was prepared to make a statement. He is your honor. All right, I just wanted to see if either of you had anything else to say. No, no. [00:40:17] Speaker 12: All right. [00:40:18] Speaker ?: Thank you. [00:40:18] Speaker 6: So, Mr. Castro, earlier we spoke and you were aware that you had a right to make a statement. either, uh, with respect to sentencing or by way of mitigation of punishment. So, what would you like to say? [00:40:33] Speaker 14: Um, first of all, I'm a very emotional person, so I'm going to try to get it out. I stated before that I was, uh, capable of sex as I was a child. This led me to, um, view of pornography for my whole life. And actually, after I held jobs, because I always worked, what I'm trying to get is that these people are trying to hate me as a monster. And I'm not a monster. I'm sick. I mean, I mean, I mean, my sexual prowess is so bad online. I mean, also, but eventually I married, I had four children. I've been a long life, but I still practice the art of touching myself. I'm a human. I believe I am addicted to a porn to the point that it really makes me impulsive. And I just don't realize that what I'm doing is wrong. I know it's not an excuse. I'm not trying to make excuses here. Because I know when I told Dave that sex crime is dead with me, okay? Forever. I'm not the testament. Um, I've been a musician for a long time, maybe 25, 30 years. You know, to be a musician and to be a monster like they're trying to say that I am, I don't think I can handle that. I'm a happy person inside. I joined the school bus for 21 years. I did a very good job. Towards the end, I started slacking off, trying to get tired because I knew it was just too much. This job is too stressful and coming home to my situation. But, um, I never had a record until I met my children's mother. My son was on there the other day saying how abusive I was, but I was never abusive until I met her. And he failed to say that at the end, before she passed the wedding, that them two weren't even talking. So what I'm trying to say is what she's saying that I was a wife leader, that is, that is wrong. Because this happened because I couldn't get her to quiet down. I would continue to tell her, the children are right there. Would you please? And she would respond with, I don't care. The children are there and she would just keep going. And the situation would escalate until the point where she would put her hands on me and that's how I would react. I'd put my hands on her. I know that's right. After living with her for 12 years and we separated and then I was, I was, uh, sinned for about five years. And that time I, I continued to, uh, practice the, uh, the art of, uh, masturbation and, uh, pornography. And it got so bad that, uh, I used to do it like maybe two or three hours a day, nonstop. And when I would finish, I would just collapse right there. When I picked up the first victim, I, I, I wasn't, I was, I didn't even panic that day. It wasn't, it wasn't something that the Chinese looked like I did and I was thinking about it. I didn't do that. That day I went to family daughter and I heard her over say something about she needed to listen to her. And I reacted on that. But when I got up that day, I did not say, oh, I'm gonna get up and try to find some women. I'm not trying to make excuses here. I know I'm 100% wrong. But I'm just saying, they're trying to say that I'm a violent person. I'm not a violent person. Like I said, I drove a school bus, I was a musician, I had a family. I do have that for a human life. Because every time I came home, I would be so mad for the situation. It's crazy as it may sound. And my daughter, she just made it, made it every day for me, and I thought she was a woman. She never saw anybody that was going on in that house, you know? If anybody has to question her, she'll say the opposite. She would like to say, my dad is the best daddy in the world. Because that's how I tried to raise her in those six years. So she wouldn't be traumatized or anything like that. She had a normal life in those six years. I tried to take her out to public to give her a normal life. Look, this is how it works. I would take her church. I would come home and just be normal, like a normal family. These accusations about it and be her, eat them, those are totally wrong, because I am, like I said before, I am not a violent person. I know what I did is wrong, but I'm not a violent person. I simply kept them there without them being able to leave. I know when I picked up the second victim, which was Gina. I don't understand how I passed up my own daughter to pick her up, because I was driven by sex. And no, I did not know who she was. I saw her walking with my daughter, but I did not know. Because I know her dad. We went to school together. We didn't see much of each other at school, but I know her at school. Amanda, she got into my vehicle without even knowing what it was. I don't blame you. I don't, I'm not. I'm not putting the fault of her, but I'm just saying, I'm trying to make a point across that I am not a violent predator that they're trying to make me look a monster. I'm not a monster. I'm one person. I am just sick. I have an addiction. Just like an alcoholic has an addiction. Alcoholics cannot control their addiction. That's why I can't control my addiction, Your Honor. But most of the sex that went on in the house, and probably all of it was consensual. These allegations about being forceful on them, that is totally wrong. Because there was times that they would even ask me for sex, many times. Many times. And I learned that these girls are not virgins from their testimony to me. They had multiple partners before me. All three of them. But that's basically it. I just want to clear the record that I am not a monster. I did not prey on these women. I just acted on my sexual instance because of my sexual addiction. And God is my witness. I never beat these women like they were trying to say that I did. I never tortured them. And finally, I would like to apologize to the victims. I am truly sorry for what I am. To this day, I am trying to answer my own questions. I don't know why. Oh, man, they had everything going on for itself. I had a job. I had a home. I had vehicles. I had my musical talent. I had everything going on for me, Your Honor. I had a good history of working, providing. I just hope they can find it in their hearts to forgive me. Because we had a lot of harmony going on in that home. And if you've seen the YouTube video of Amanda this weekend, that right there itself proves that that girl did not work on torture. Because if that was true, do you think she would be off the party on the radio having fun? I don't think so. I've seen Gina. I've seen Gina. And for the media, she was normal. She had some love. A person that's been tortured does not act normal. They'll act withdrawn and everything. On the contrary, I heard the opposite. She's happy. The victims are happy. I haven't seen much of Michelle because Michelle, since day one, no one missed her. Missed her. I never saw my fly or something about her. But I feel that the FBI let these girls down. Because when they, again, when they, when they question, when they question my daughter, you know what? That's okay. But if they fail to question me, I'm her father. If they would have questioned me in 02 or whenever it happened that Gina was missing, it's possible that it would have ended right there. So. And also Dave forgot to mention that I, I did mention to him that it was, uh, if it's a porn. But. I am truly sorry to the, it makes this family, Michelle. And Amanda. You guys know all the harmony that went on in their home. I ask God to forgive me. I ask my family and I apologize to my family also for putting them through all this. I want to apologize to the state of Ohio, the city of Cleveland for putting a dark cloud over the city. I just want to apologize to everyone who was touched by these events. But I do also want to let you know that there was harmony in their home. It was harmony in their home. I was, I was, I was a good person. Even brought up. I never had a record. I just hope that they find it in their hearts to forgive me and to maybe do some research on people who have addictions. So they can see how their addiction takes over their lives. So again, I'm sorry to all the victims. I'm sorry to my daughter because I, I know that. God bless her. She's a married child. And God bless the women too. But she, you know, there was times that she, when she was born, I know I could have taken her. That's why she's a married mom. So I, I could have taken her to, to the, to the ER. And I chose not to thank God that nothing that happened, nothing bad happened. Because, um, just last year she started getting the toothpaste. And I said to myself, I'm not gonna have her die. You could bring her in fresh and, you could possibly take her out of this. So, I was just, the situation, Your Honor, was just, right now, collecting words, love. So, that's part of the problem that I have also. I'll start talking and I'll just go thank. So, I, I, I thought just to you, Your Honor, for, for bringing this case even into your court. Um, again, thank you for, thank you everyone. And I, I'm sorry for everything. Um, I know, just, the true judgment day is when, when God comes and judges me. But I've been reading the Bible and praying and I've been asking for forgiveness. And, due to the fact that I do have sexual opposition. I don't know how I was going to judge. I don't know, the comment that the, uh, the lady made for the DTJs family at the end. So, again, thank you everyone. Thank you people. Please find it in regards to the community. Thank you. [00:56:47] Speaker 12: Thank you, Your Honor. [00:56:49] Speaker 6: Thank you. Mr. Castro, you have, uh, before you, your plea agreement. And if you, uh, recall on page 10, uh, part of the agreement was that you would execute all necessary documents. And to form all acts to transfer right title and interest in the real property to 2207 Seymour Avenue in Cleveland. to the Cuyahoga County Land Reutilization Corporation, the land bank. So, the other day after the, uh, plea hearing, that's what you did, is that correct? That is correct. You signed all the papers? Yes. All right. And you, uh, understand that you are not entitled to seek any profit. You've agreed not to seek any profit from this matter. Correct? [00:57:33] Speaker ?: That's correct. [00:57:36] Speaker 6: Say it again, I'm sorry. You have agreed that you will not seek any profit from this. In other words, you're not going to be writing a book and receiving funds. Uh, you won't be licensing anything. Right. The only people that may, in the future, receive any benefit from this will be the victims. Is that clear? [00:57:54] Speaker 14: Yes. [00:57:57] Speaker 6: Ms. Knight, thank you for your remarkable restraint during that statement. Mr. Castro, you had, uh, uh, several times, both were in the plea, uh, colloquy, and then again today, you mentioned that you don't feel that you're a violent person. Uh, perhaps you're not, uh, fully understanding, uh, revised code section 2971, uh, talks about what is a violent sex offense. Uh, and that includes a charge of rape, and you've pled guilty to a number of those, hundreds of counts. Uh, it also defines sexually violent offense, means a violent sex offense, uh, for which a person was convicted over, pled guilty to, with a sexual motivation spec. Uh, and then it talks about a sexually violent predator. Uh, so by operation of law, the rape, and such, uh, would then constitute a sexually, uh, violent offense, and you've pled guilty to that, and been found guilty of it at your plea. Uh, and a sexually violent offense, and, uh, the likelihood to engage in the future in one or more sexually violent offenses qualifies a person as a sexually violent predator. Um, here, under 2971.01, H2, C, D, and E, where they talk about the available information or evidence suggests that the person chronically commits offenses with a sexual motivation. You'd have to admit that that happened here by virtue of all the, uh, the rape charges. That the person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims. That seems to fit here, too. Also, the person has committed one or more offenses in which one or more victims were physically harmed to the degree that the particular victim's life was in jeopardy, and that, um, most prominently occurred with Ms. Knight. So, there are legal reasons that your attorneys, I'm sure, have considered and discussed with you why, although you may not like the wording or the terminology of the revised code, it fits. Okay? [01:00:22] Speaker 14: Okay. It's, um... It may be unpleasant to you. It's confusing, yeah. It's confusing, yeah. The violent part. Well, it makes me, it makes me sound like if I force myself onto them, that can happen. [01:00:35] Speaker 6: Well, that has, by virtue of your plea, that's what you did. You pled guilty to that, and by virtue of your plea, when you raped someone, that's what it means. So, Mr. Castro, in sentencing you and all others come before this court on felony matters, and of course there's one misdemeanor as well. But, coming before this court on felony matters, I have to comply with the felony sentencing statutes. The overall purpose is to punish the offender and protect the public from future crime by the offender and others using the minimum sanctions that the court determines accomplish those purposes without imposing an unnecessary burden on state or local government resources. In an imposing sentence, a court must consider the need for incapacitation, deterrence, rehabilitation, and restitution. I have to come up with a sentence for you that's commensurate with and not demeaning to the seriousness of your conduct, its impact on the victims, and a sentence that's consistent with sentences for similar crimes by similar offenders. And also, the sentence must not be based upon your race, ethnicity, gender, or religion. One issue here in terms of proportionality, which we'll get to later, but as you look back in the cases I've had, there have been none in this that have a scope approaching this, but in terms of harm to a victim, they're similar. Although, your misconduct here far exceeds the scope and duration of the defendants I'm going to mention. But I note that in Kevin Dominick's case, which was 300-286, I imposed two consecutive life sentences for him, and for Mr. Yakov, in case 450-218, he received a sentence of 36 years based upon his conduct. But those did not involve kidnapping and torture and deprivation and such over a number of years. The harm to the victims was, of course, still great because they were raped, in those two instances, by their death, but nothing like this. So, in this matter, considerations or indicators that your conduct is more serious under 29-29.12-B, based upon the information available to the court. All of this was organized, used deception, used chains and other means to hold captive three young women and ultimately a young child. And there was a certain strategy involved. The connection between all of these individuals was the fact that they all were friends with one or more of your daughters or your son. And that was your entree, and that's how this evolved. And you indicated that you had to do this because you suffer from sex addiction, but at the same time that this plan was going into operation with this knife, you had a girlfriend who was not harmed, was not abused. You had an apparently, or outwardly, normal relationship with Ms. Roldan. Do you recall her? [01:04:17] Speaker 14: Yes. [01:04:18] Speaker 6: Okay. So, you are able to choose who you wish to victimize. There was serious physical harm. Ms. Knight suffered on many occasions, according to the information. The others were, as well as Ms. Knight, showing signs of malnourishment and such. There was serious psychological harm. She touched upon the captivity issue and how liberating it is now. We also heard some information about medical care and how they didn't even want to come out of the house, because they, at that point, two of the women had been almost programmed to stay there. Not because they wanted to, but because they were afraid of what the repercussions would be if they did leave, that you would then see this as a test that they failed and hurt them. I think even without the testimony of the expert from Michigan, any person in America would understand that a person who was held captive for between 9 and 11 years, sexually assaulted and such, will hold and have a serious psychological harm, as well as the physical harm. There's also economic harm. I know Ms. Berry was coming from work and the others were all young and they had an opportunity to work, but you deprived them of that. And not just the wages. You also deprived them of the opportunity to be out in public, to socialize, to be with their families, all those other things that come under, maybe not under economic harm, but then back to the psychological harm. Others indicate your conduct is more serious to age. Jocelyn was a very young child and yet she grew up in a household where doors were locked, people were chained up, windows were covered, people were not allowed to come over and visit. It was all, I would believe that Inspector Moore from DRC would agree that the conditions at your house could never be tolerated in the Ohio prison. Excuse me, Your Honor. [01:06:44] Speaker 14: My daughter never has seen anyone that she had. [01:06:48] Speaker 6: Okay. [01:06:49] Speaker 14: At the early years. [01:06:54] Speaker 6: Well, also the age of the victims is important here. They were young women, teenagers, and they could not have imagined that an adult would trick them and imprison them and enslave them and abuse them. You took advantage of their naivete and the fact that they were pleasant individuals, that could not fathom this type of behavior. The relationship issue is important here. Your daughter, you exposed a young child to unbelievable conditions. In your mind there was harmony and a happy household. I'm not sure there's anybody else in America that will agree with you. And there were many crimes committed in the vicinity of your young daughter. The women were still being raped and deprived of food and living in difficult physical conditions. Indicates your conduct is less serious under 29 and 29.12 C. You have indicated that you were a victim of sexual abuse. That's possible. I don't know. I do know though that those who are sexually abused, there is a tendency of some to act out and to abuse others. But there are many, and I suspect more, who move on from that and live a healthy life that they are not abusing others. You indicate that you do have a mental illness, but I'm not aware of any of that. You, as you've appeared here, you've always answered questions and understood what's going on. You just made a calculated decision, in this instance, to do wrong. And if anything, to me, you exhibit antisocial personality disorder. I'm not a psychological expert. Certainly don't have the credentials of those who spoke here today. But you have extreme narcissism and it seems rather pervasive. Indicatives that you are more likely to reoffend. Well, prior to this, there were no convictions. Now, you said that your wife would irritate you. She wouldn't stop talking and then you would respond. Well, my understanding from the records is that she suffered a broken nose twice. She had broken teeth and she otherwise was abused, but they were never followed through as a conviction. And that's unfortunate. And it's something we talk about with all family members who are victims of abuse. Whether they're a man, a woman, a child, a young adult. No one is allowed to have violence visited upon them in their home or at their school. I wish that she had prosecuted for her sake. And I know now that she has passed, but victims need to stand up for themselves so that the abuse stops. And so that those who are abusers, when possible, will receive proper treatment and redirection. That's what a court is for. You have resources available to you. The rape crisis center is open to anyone who is a victim of sexual abuse. So if you had wanted to, you could have contacted them. Your home is also near recovery resources. There's Murgis Taylor, there's Metro if you want to go and be raided for psychiatric issues. There were a lot of options. But one option that should never be available is if you kidnap someone, sexually assault them and torture them. I mean, that's not ever going to be an accepted remedy. Indicators that you are less likely to reoffend in the general sense. You did work, although I also know you had a much different view of your job than the job records would indicate. According to the Cleveland Metropolitan School District, your performance was not always acceptable. You left a child on the bus. You would go shopping at 143rd in the Pyrtis and leave your school bus at Marks. I mean, you know, you ended up eventually leaving that job. You ended up, I think, on TV before about that job, right? [01:11:42] Speaker 14: Your Honor, that is not right. When I checked my bus, that's when I noticed the child was on their bus. You were disciplined for that. But that child never stayed alone. [01:11:53] Speaker 6: But you were disciplined for it. Yes. And ultimately, your work as a school bus driver ended, correct? [01:12:01] Speaker 14: Yes. That happened also when I was, you know, it wasn't my regular route. I would think that helped me now when a driver missed board. All right. [01:12:22] Speaker 6: Again, keeping in mind the principles of sentencing for incapacitation, deterrence, rehabilitation, and restitution, certainly not, I'm not sure in this instance that rehabilitation would be possible in any event. Um, but there's certainly, there's a need here for incapacitation and deterrence. On behalf of the state, with respect to your two counts of aggravated murder. [01:12:58] Speaker 15: Judge, we elect to have the sentence imposed on count one. Prior calculation, we would ask that count two emerge for purposes of sentencing. Thank you. [01:13:10] Speaker 6: And you have no objection on behalf of the defense, correct? No objection. All right. Based upon the election by the state, count two, charge of aggravated murder with specifications will merge into count one. So, Mr. Castro, you'll only be sentenced on count one for aggravated murder with specifications. [01:13:34] Speaker 14: No. No. [01:13:36] Speaker 6: No. And what do you want to say? You pled guilty to it. I know. [01:13:41] Speaker ?: Because there was never any evidence. [01:13:41] Speaker 14: And, and, there was no evidence of never any evidence of that. But I don't want to put any women to any more, any more psychological. So, that's, that's why they're guilty. All right. But, uh, the bill is never an evidence of any murderizing a fetus. That never happened. [01:14:13] Speaker 6: Mr. Castro, you talked with your attorneys and you made the decision to plead to count one as an item, correct? [01:14:18] Speaker 14: Yes, I understand. I just want to clear the record. I never killed anyone. I am not a murderer. [01:14:25] Speaker 6: So, on count one with specifications of charge of aggravated murder, the court is imposing a sentence of lifetime incarceration without the possibility of parole. For the charge of rape, in violation of Revised Code 2907.02A2, with sexually violated predator specifications, felony to first degree, the court is imposing a mandatory minimum term of incarceration of not less than 10 years to a maximum of lifetime incarceration. That is on counts 3, 40, 42, 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, 79, 81, 83, 85, 87, 89, 91, 93, 95, 97, 293, 300, 347 through 360 inclusive on each and every one. Counts 410 through 428 inclusive, that sentence goes on each and every count. Counts 468 through 487 inclusive on each and every count. Counts 518 through 574 inclusive on each and every count. Counts 675 through 731 inclusive on each and every count. And counts 824 through 880 inclusive on each and every count. Counts 675 through 487 inclusive on each and every count. With respect to charge of rape and violation of revised code section 2907.02 A2 with sexually violent predator specifications. The only is the first degree committed after September 30, 2011. Court imposes a sentence of 10 years of incarceration on each count. That is specifically with respect to counts 575 through 594 inclusive on each and every count. Counts 732 through 743 inclusive on each and every count. Counts 881 through 892 inclusive on each and every count. With respect to the charge of rape and violation of revised code section 2907.02 A2. Felonies of the first degree committed prior to September 30, 2011. Court imposes a sentence of 10 years of incarceration. that is with respect to counts 11 14 18 20 23 25 28 30 32 34 36 38 101 108 110 112 114 116 118 120 122 124 126 128 130 132 134 136 138 140 142 144 146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194 196 198 200 202 204 206 208 210 212 214 216 218 220 222 224 226 228 230 232 235 237 237 239 241 243 245 247 249 251 253 255 257 259 261 263 265 268 271 274 277 280 283 286 288 291 314 317 323 324 325 255 246 inclusive on each and every count counts 400 to 409 inclusive on each and every count counts 400 to 409 inclusive on each and every count counts 458 to 467 inclusive on each and every count the court imposes a sentence for kidnapping in violation of revised code 2905.01v2 of felony the first degree of the period December 25th 2006 through May 6th 2013 on count 973 the court imposes a sentence of 10 years incarceration counts of kidnapping in violation of revised code section 2905.01 the sexual motivation specifications felonies of the first degree committed prior to September 30th 2011 court imposes a sentence of 10 years incarceration that's on count 7 8 9 10 99 100 104 107 302 303 308 and 312 in charge of kidnapping in violation of revised code section 2905.01 a3 the sexual motivation specifications and sexually violent predator specifications for felonies of the first degree committed prior to September 30th 2011 court imposes a mandatory minimum term of incarceration of not less than 10 years to a maximum of lifetime incarceration that's on each of the counts count the follow count 44 45 46 36 297 298 320 321 and 322 on the charges on the charges in the indictment of kidnapping in violation of revised code section 2905.01 a4 with sexual motivation specification felonies of the first degree committed prior to September 30th 2011 court impose impose a sentence of 10 years incarceration that is on each account specifically count 19 24 29 31 33 35 37 39 109 111 113 115 117 119 121 23 125 127 129 131 133 135 137 139 141 143 145 147 149 151 153 153 155 157 159 161 163 165 167 169 171 173 175 177 179 181 183 185 187 189 191 193 195 197 199, 201, 203, 205, 207, 209, 211, 213, 215, 217, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215, 215 260 262 264 287 292 361 through 384 inclusive on each and every count 429 through 438 inclusive on each and every count and counts 488 488 through 497 inclusive on each and every count the charge of kidnapping violation of revised code section 2905.01 with sexual motivation specifications and sexually violent prejudice specification felonies of the first degree committed prior to september 30th 2011. court opposes a mandatory minimum term of incarceration about less than 10 years with maximum of lifetime imprisonment on each of the following counts counts 4 41 43 48 50 52 54 56 58 60 62 64 66 68 7 72 74 76 78 80 82 84 counts 385 through 399 inclusive on each and every count counts 439 through 457 inclusive on each and every count counts 498 through 517 inclusive on each and every count counts 598 through 653 inclusive on each and every count counts 744 through 802 inclusive on each and every count counts 893 through 951 inclusive on each and every count and again that was a mandatory minimum term of incarceration not less than 10 years to a maximum of lifetime in prison for kidnapping the violation of revised code section 29 05.01 a4 with sexual motivation specifications and sexually violent predator specifications felonies in the first degree committed after september 30th 2011 the court imposes a mandatory minimum term of incarceration not less than 10 years with a maximum of lifetime of incarceration on each of the following counts counts 86 88 90 92 94 96 98 counts 654 through 673 inclusive on each and every count counts 803 through 822 inclusive on each and every count counts 952 through 971 inclusive on each and every count it counts for felonious assault in violation of revised code section 2903.11 a1 felonies of the second degree the following counts the court imposes a sentence of eight years incarceration made each count that would be counts 674 823 and 972. on count six a charge of felonies assault violation of revised code section 2903.11 a1 with a pregnant victim specification and the sexually violent predator specification this would be count six court imposes a sentence of a mandatory term of imprisonment of eight years to a maximum of lifetime imprisonment this speaker come for the charge of felonies assault in violation of revised code section 2903.11 a2 fell in the second degree for counts 234 and 304 for each of those counts the court is imposing the sentence of eight years incarceration for counts involving gross sexual imposition in violation of revised code section 2907.05 a1 felonies of the fourth grade court is imposing the sentence of 18 months incarceration for the following counts 17 15 305 306 309 310 and 311 on count 974 counts in violation of 919.22 a for endangering children a misdemeanor of the first degree courts imposed in a sentence of six months in the county jail that will be concurrent with the time at lci on other counts for endangering children in violation of revised code section 2919.22 a felonies of third degree for counts 975 and 976 the court is imposing on each of those counts the term of incarceration of 36 months for count 977 charge of possessing criminal tools following the fifth degree court is imposing sentence of 12 months incarceration and i'll be shortly talking about my findings with respect to consecutive sentences but in doing so i want to make clear that for any counts that are not specifically mentioned then the time on those counts is to be served concurrently with the other counts and i find that the maximum sentences that were imposed on the counts i've just discussed at length if they were not mandatory time the court opposed the maximum because these are the worst form of the offenses there although mr castro does not have a prior criminal conviction the breadth and the scope of these crimes and the merciless manner which they were inflicted requires that a maximum sentence on each of those counts be imposed mr castro uh your uncle uncle is julio correct and his wife norma they have been in this court before they're very wonderful people they have a great reputation in the community they've operated a neighborhood store for over 40 years they were victims of a crime and the perpetrator of that crime he had excuses also in his case he blamed that drug addiction and such but to the victim uh excuses don't take away the harm that's involved so i would page 16 paragraph 29 of the written plea agreement and the recommended sentence the party stipulated and agreed that life without parole is agreed to by the defendant to me that the defendant will never be released from incarceration during the period of his remaining natural life for any reason and that is the effect of the plea to count one which was as we've heard here and then discussed a little bit on friday the parties each gave up something in order to reach that agreement and the court will be enforcing and accepting the recommendation of the parties as far as the count one aggravated murder charge with specification which would be the sentence of life without parole without any release with respect to the other part of the recommendation that the defendant agrees to 10 year to life sentences indefinite sentences the minimum of 10 years to a maximum of lifetime for other counts the court is constrained as i said by the venice decision by revised code section 29 29.14 i'm also aware of the blackburn decision and have followed that in the past in imposing consecutive sentences in ohio of course aware that there is a preference in ohio for minimum sentencing and for concurrent sentencing but that can be overcome when a court feels that there are circumstances that make a crime so heinous or so significant in its effect on the community the victim or that such punishment is needed that the court can go beyond that preference in the law and impose maximum sentences or consecutive so here we're dealing with the issue of the consecutive sentences and under venice and our court of appeals has made clear that the court must make separate findings but that that's our practice anyway so i have to determine whether a consecutive sentence is necessary to protect the public from future crime or to punish the offender i must determine that the consecutive sentences are not disproportionate to the seriousness of the offenders conduct and to the danger the offender poses to the public and then the court must make a finding and there are three alternatives and here the one that i'm going to focus on is b at least two of the multiple offenses were committed as part of one or more causes of conduct and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offenders conduct so with respect to the plea agreement where the parties have recommended to the court that there be consecutive sentences imposed for certain of the counts in the indictment based upon the information presented here as well as the sheer number of the offenses the instances were not just where the victims were initially through subterfuge in prison but the subsequent kidnappings where they would be taken to the garage for a period of time because you had company or they would be allowed out but only for a brief moment or they'd be taken from one room to the basement and brutalized or restrained other than just the normal conduct where our court of appeals or the state of ohio says we should have an ally defense and those have been dealt with already in the plea agreement those were taken out of this consideration the state dismissed those charges so there would not even be an issue about ally defenses but in this instance the court finds that the so many many instances of sexual assault both the rapes the gsis as well as all the the kidnappings and the felonious assault and the ag murder make it necessary that a consecutive sentence be imposed here to protect the public from future crime and to punish you i don't i still feel based upon our just the information that's that you provide to the court as well as information from others that you feel that you are a victim and that you may have been a victim in the past during your childhood i don't know but from the time of the majority you have not been a victim you've been a victimizer and the three young women should never have had anyone tricked them into captivity for an hour not even a moment they should have been free to live their lives as everybody else in greater cleveland to enjoy um all the wonderful things that our area has to offer they shouldn't have been locked in a house had locked in um in deplorable conditions it shouldn't have happened okay so you should receive punishment for harming them in that way the court finds that consecutive sentences are not disproportionate to the seriousness of your conduct and to the danger that you pose to the public you didn't just do this once you did it to three young women and at various times you took advantage of one or took advantage of others all in really horrific conditions and inhumane ways and as you're here and you say that you you really couldn't help this essentially that's what you were saying to the court that lack of insight means to me that you are still opposed a grave danger to the community if you would receive anything other than a consecutive sentence that you don't deserve to be out in our community which are dangerous because you're in your mind you're a victim again as opposed to those who actually did suffer the victimization with respect to 3b the court finds that at least two of these multiple offenses were committed as part of one or more courses of conduct you went out you hunted for one woman or you said that you just had not made this plan formulated all right so you know if you abducted this night and that wasn't your initial attention when you were driving that day or fine but given that circumstance then you went on and did hunt for two others and you never released this night i mean you didn't release anybody i don't know what the end game here was i don't know that you had any plan but you committed all this as part of one or more courses of conduct three women three uses of subterfuge to get them into your house and you did not release them and then further you physically and sexually abused them court also finds that the harm caused by your multiple offenses the restraints gsis the rapes the felonious assaults was so great or unusual and this certainly goes in both categories the pain that they suffered particularly miss knight was unbelievable and similar i believe from the information she suffered in a way that was similar to what was visited upon your ex-wife when she was struck but the harm here is also so unusual that in a completely negative sense that you took three young women out of very significant relationships they had in their family in their community and their time of their lives and you made them slaves and you treated them as if they were not people that they were just sex objects we have a lot of cases now coming before this court about human trafficking this is really and the way it was conducted no different and equally sad so court finds that no single prison term for any of these offenses that you've committed as part of these courses of conduct would adequately reflect the seriousness of your conduct unless the court imposes consecutive sentences so that being said in addition to serving a sentence of life without parole for count one the court is also imposing consecutive sentences of minimum mandatory of 10 years to a lifetime sentence counts 44 45 46 296 297 298 320 321 322 4 41 43 48 50 52 54 56 58 60 62 64 66 68 70 72 74 76 78 80 82 84 90 92 92 92 92 92 92 92 92 393 393 393 394 394 393 40 42 42 47 49 51 53 55 57 59 61 and 63 63 and then consecutive terms of 10 years to all the aforementioned accounts for each of counts 11 14 14 18 20 23 25 28 30 32 34 36 38 101 101 108 110 112 114 114 116 116 118 120 119 19 19 21 21 21 21 251 314 and 317 those counts that i just mentioned will all be served consecutively to count one and to each other so you do have and received from this court an aggregates second sentence of incarceration to be served of life without cool consecutive to what amounts to a sentence of 1000 years to life you understand that sentence which are capture so so the court has received so the court has reviewed and accepted the plea agreement the recommended sentence i don't see any further purpose in going beyond life without flow in a thousand years a person can only die in prison once and certainly you will receive a sentence that is commensurate with the harm you've done but one that also accomplishes the sentencing principles and the purposes here in ohio there will be an order of forfeiture for the firearm the home at 2207 seymour avenue and 22 268.83 all those items will be forfeited by virtue of this sentencing today the court also is imposing a fine of one hundred thousand dollars on this matter you do have property a separate and apart from the house and for count one three seven eight and nine the court is imposing the maximum fine on those counts which total together equals one hundred thousand dollars we'll also have to pay the court costs we are here solely because of your actions misguided and despicable as they may be receive credit for time served 87 days in this matter for the felonies of the first degree that i mentioned all the rape charges all of the kidnapping charges that i've outlined for you and that you have consented to by virtue of the plea agreement for felonies the first degree you'll be subject to five years mandatory post-release control which means the adult parole authority would supervise you for a five-year period after any release from prison you would be required to do so if you violated their rules the adult full authority could send you back to prison to do additional time up to one half the time that this court has just imposed is that clear that the function of and effect of prc now for the polonius assault charges i believe those are the only felonies of the second degree but for felonies of the second degree or offenses of the third degree where there is a serious physical harm you're subject to three years mandatory post-release control again if it would happen that you'd be released your adult parole authority would be required to supervise you for three years mandatory on those charges if you violated their rules they could send you back to prison to do additional time up to one half the time i imposed on following the second degree is that clear and also that would apply to the uh two counts of the 900s of uh endangering children for the possessing criminal tools count you'd be subject to three years discretionary post-release controls of the adult whole authority if they supervise you on that count it would be for three years if they chose to do so again they can impose a sentence up to one half the original time for your failure to comply with their rules if they did supervise you and if you did not report you could be charged with escape is that clear and your serving time here on fourth degree felonies for gross sexual imposition those also carry a mandatory five-year period of post-release control as i described to you for the kidnapping and the rape charges do you understand us and it's right yeah i didn't miss any of the prc did i and mr castro as i mentioned at your plea uh it may seem nonsensical to you that i have to advise you of uh eventualities that are not to be but the law requires it uh any claim for restitution any information i don't have any before me [01:46:50] Speaker 15: no but we do request a no contact order with all victims haven't gotten there that's next thanks [01:46:58] Speaker 6: but you have talked in addition to the funding that's being done privately you've talked with the uh uh your victims about the victims of crime funding you will yes okay and mr castor you already have no contact with your victims don't send them letters don't make phone calls don't have others contact them they have requested after this proceeding to go back to the lives that they formerly enjoyed not anonymous uh just not uh celebrities they're certainly not anonymous they were people that had uh vast connections in the cleveland community and they want to reintegrate and renew those and expand them but they would also like their privacy so you will not be committed to contact them is that clear yes you understand that requirement are you referring to my daughter yes she's a victim she's a subject of three counts of endangering a child [01:48:04] Speaker 14: but by law she's a victim i know but uh i i heard the answers that i can be filed for um for parental rights [01:48:15] Speaker 6: well as in many other instances a person can file whether they're going to be successful is a different matter and it would take place in a different court that does not involve this court but i'm opposing a no contact order you should not try and contact them from the institution okay right now counselor you have been afforded under law an extraordinary number of rights and their rights are guaranteed to all those who come into this courtroom and it's part of the strength of our system is that no matter what has occurred we treat everyone civilly in our country their standard under criminal rule 32 you have a right to appeal if you're unable to pay a cost of appeal you have the right to appeal without payment if you're unable to obtain council for an appeal council be appointed without a cost if you're unable to pay the cost of documents necessary to appeal the documents will be provided without cost and you have a right to have a notice of appeal timely filed on your behalf you understand that anything further on behalf of the statement we don't other than we've done our objection that's a contract issue uh [01:49:56] Speaker 11: we've litigated investors thank you okay i think they understand we want to thank the court for all the [01:50:01] Speaker 6: work you've done it thank you thank you um mr slackett uh do you want to comment anything further yes thank [01:50:08] Speaker 12: your honor we um just so you can expect we're going to be upon the motion for return of some of the items that is not by agreement we'll present an order to you by tomorrow [01:50:18] Speaker 6: those are photo albums and clothing and there's a list yes uh a few cars and some motorcycles all right thank you and mr beginning mr tobos you'll review that if you have no objection the court will enter an order correct thank you help for anything else so we have to leave a partner no thank you all right mr castro um if you would rise please sir there's no place in this city there's no place in this country indeed there's no place in this world for those who enslave others those who sexually assault others or those who brutalize others more than 10 years you have preyed upon three young women you subjected them to harsh and violent conduct you felt you were dominating them but you would be correct you could not take away their dignity although they suffered terribly this night mr jesus and miss berry did not give up hope they have persevered in fact they prevailed these remarkable women again have their freedom which is the most precious aspect of being an american so castro you forfeited that right do not become a number with the department of rehabilitation and correction you will be confined for the remainder of your days you are hereby to manage the transport to the rain correctional institution now from this night mr jesus and mr barry as well as your young daughter we celebrate your futures we acknowledge the faithfulness of your families your friends and all others in this community who so fervently believe the two are alive on behalf of the judges and the staff this court we wish you to do [01:51:56] Speaker 12: this may well be the last time we ever see him going to a sentence of life in prison plus one thousand years it is formal and we're looking at the [01:52:02] Speaker 1: live pictures right now michelle knight one of the three women who was victims she's being led to the to the to the back of the courtroom uh to a to a place where she will gather prosecutor uh tim mcgetty in the center the gray-haired man in the center of the picture talking with one of the assistant prosecutors and the gallery it has been four hours and uh more than four and a half hours more than four and a half hours this proceeding has taken place there was a short break but ariel castro got what everybody expected he would get uh life in prison meant plus one thousand years i've got a group of gentlemen here who are well steeped in these kinds of things and