User Login    
 + Register
PDQ Cleaning
News : Teen Killer Wants To Undo Guilty Plea
Posted by Randy on 2014/1/30 4:30:05 (708 reads) News by the same author

JEFFERSON CITY, Mo. (AP) -- A Missouri teen who wrote that killing a young neighbor girl was an "ahmazing" thrill wants a judge to overturn a guilty plea that she now says was made under the threat of a lifetime in prison.
Click to see original Image in a new window

Alyssa Bustamante was to appear in court Thursday for a hearing on whether to set aside her plea in the 2009 slaying of 9-year-old Elizabeth Olten in a rural community just west of Jefferson City. Bustamante was 15 at the time and wrote in her diary on the night of the killing that it was an "ahmazing" and "pretty enjoyable" experience.

Bustamante was charged as an adult with first-degree murder, which carries a mandatory prison sentence of life without the possibility of parole. Shortly before she was to go to trial, Bustamante pleaded guilty in January 2012 to a reduced charge of second-degree murder and was sentenced to life with a chance of parole.

She also pleaded guilty to armed criminal action for using a knife in the slaying and received an additional 30-year sentence to run at the conclusion of her life sentence.

Five months after Bustamante pleaded guilty, the U.S. Supreme Court ruled in a separate case that juveniles cannot face automatic life sentences without the possibility of parole.

Bustamante's new attorney is citing that ruling as a reason to undo her guilty plea.

"The threat of (life without parole) as a mandatory sentence was allowed to intimidate Alyssa into accepting a guilty plea she would not have otherwise accepted," Columbia attorney Gary Brotherton wrote in documents filed with the Cole County Circuit Court.

Brotherton declined an interview in advance of Bustamante's hearing.

Prosecutor Mark Richardson said Bustamante's claims "do not have any merit" and her original sentence should stand.

"Generally, they're very big long shots to try to prove that somehow some bad advice caused a person to plead guilty when they otherwise wouldn't have," Richardson said in an interview.

Bustamante's attorney claims her due process rights were violated because the original first-degree murder charge would have resulted in an unconstitutionally cruel and unusual punishment. He contends in court documents that her actual sentence is similarly unconstitutional because "it does not provide her with any realistic opportunity for release."

At the time of her sentencing, the Missouri Department of Corrections said Bustamante would have to serve 35 years and five months before she is eligible for parole. She's currently listed as a prisoner at an eastern Missouri facility.

Brotherton's court filing also argues that Bustamante's original attorneys provided ineffective advice. Among other things, it says they pressured her during a more than half hour jailhouse visit to make a quick decision to plead guilty to second-degree murder without explaining that a pending Supreme Court case could have affected her range of punishment.

Evidence presented during Bustamante's 2012 sentencing hearing revealed she had dug a shallow grave in the woods several days before the slaying and used her younger sister to lure Elizabeth with an invitation to play. Bustamante said she had a surprise for Elizabeth in the forest but instead strangled her, sliced her throat and stabbed her. After hundreds of volunteers searched for two days, Bustamante led authorities to Elizabeth's body, buried in a wooded area about a half-mile from Bustamante's house.

Printer Friendly Page Send this Story to a Friend Create a PDF from the article


Other articles
2014/10/24 10:28:48 - Solar Farm Topic Of Economic Development Meeting
2014/10/24 10:25:45 - Livingston County Library Encourages Reading To Young Children
2014/10/24 10:23:16 - Festival Of Trees Fund-Raiser Set For November 28th
2014/10/24 10:18:02 - Bogard Woman Seriously Injured In Accident
2014/10/24 10:13:53 - Unionville Man Injured In Accident South Of Unionville
2014/10/24 4:42:51 - 5 Ways To Tell If Someone Is Cheating On You
2014/10/24 4:29:07 - Six Bodies Identified After Decades In Oklahoma Lake
2014/10/24 4:24:30 - Peyton Manning Rips Broncos' Scoreboard Operator
2014/10/24 4:20:18 - How To Teach Kids To Be Nice Online
2014/10/24 4:14:12 - Police: Missouri Inmate Who Attempted Suicide Dies
2014/10/24 4:09:40 - 1 Taken To Hospital After Being Hit By Train
2014/10/24 4:05:48 - 8-Year Old Scores Touchdown, Team Fined $500, Coach Suspended
2014/10/23 10:42:45 - Disaster Declaration Requested For North Missouri Counties
2014/10/23 10:38:01 - THS Marching Band And Color Guard To Hold Recognition Program
2014/10/23 10:35:23 - Snow Removal Bids Sought
2014/10/23 6:38:04 - Trenton Chamber Ambassadors To Hold Annual Halloween Trick Or Treat Night
2014/10/23 6:30:41 - Chillicothe Firefighters Respond To Vehicle Fire
2014/10/23 6:26:35 - Meadville Teen Hurt In Accident East Of Laredo
2014/10/23 6:23:59 - Spickard Man Injured In Accident East Of Gallatin
2014/10/23 4:46:44 - Giant Gold Nugget To Be Sold In San Francisco
2014/10/23 4:30:00 - The Worst Things To Buy At Walmart
2014/10/23 4:17:35 - Iowa Man Pleads Guilty To Missouri Bank Robbery
2014/10/23 4:09:49 - UK Man Faked Coma For 2 Years To Avoid Court
2014/10/23 4:04:17 - Wife Of Wade Davis Forks Over World Series Tickets As Tip To Server
2014/10/23 4:00:50 - FBI Confiscates Hot-Selling Royals Panties
2014/10/22 6:42:06 - Missouri Livestock Symposium To Be Held In Kirksville December 5th
2014/10/22 4:52:49 - Dead Babies In Winnipeg Storage Unit 'Tragic Beyond Belief'
2014/10/22 4:43:12 - Two Sunken Vessels From World War II Were Just Found Off The North Carolina Coast
2014/10/22 4:34:36 - Partial Solar Eclipse to Darken US Skies Thursday
2014/10/22 4:26:06 - Homeless Man Victim Of Knock-Out Game Attack



Bookmark this article at these sites

                   

Listen to KTTN-FM