Nassau DA wants voice heard on Marshall sentence

One day after a man pleaded guilty to killing and dismembering a Glen Cove woman, Nassau County District Attorney Kathleen Rice revealed her dissatisfaction with the proposed sentence. Evan Marshall

News 12 Staff

Sep 13, 2007, 9:18 PM

Updated 6,401 days ago

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One day after a man pleaded guilty to killing and dismembering a Glen Cove woman, Nassau County District Attorney Kathleen Rice revealed her dissatisfaction with the proposed sentence.
Evan Marshall pleaded guilty to all counts Wednesday in connection with the murder of his mother's neighbor, Denice Fox, last year. A judge recommended a sentence of 30 years to life in prison without receiving input from the district attorney's office.
"I believe that the DA has a right to be heard when it comes to sentencing, just as a defendant has a right to be heard when it comes to what an appropriate sentencing is," Rice said. "I feel that my voice is the voice of the people."
Steve Scaring, a defense attorney who formerly served as a prosecutor in Nassau, said the defense's strategy in the Marshall case is "pretty straight-forward." In a plea bargain, a deal between a defendant and prosecutors is put before a judge for approval. However, a defendant can go straight to the judge for sentencing when he or she pleads guilty to all charges.
"What typically happens in a case like this is the prosecutor is unwilling to make a deal, the defense lawyer has a case he doesn't want to try and the judge is looking at the picture and saying, 'What's fair?'" Scaring said.
Sentencing is scheduled for November.
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