Victim’s Constitutional Right To Be Heard Denied
Last week, an Oregon jury sentenced Randy Guzek to death for murdering Rod and Lois Houser in their home. It is the fourth jury to send Guzek to death row; Guzek has successfully appealed previous death sentences on procedural and technical grounds.
On June 16 and 17, Former Sherman County District Attorney, and OAA Executive Director, Tara Lawrence was in Bend, Oregon, for the closing and verdict. Lawrence was present to show support for the victims' surviving family members. “I feel it is important to ensure that Oregonians better understand the death penalty and the importance of supporting survivors of crime. Support for members of the law enforcement team that investigate and prosecute these difficult cases is important as well,” said Lawrence.
The Houser's grandson, Sam Bracamonte, traveled from Chicago, Illinois, to Bend, Oregon, to testify at the fourth sentencing of his grandparents' killer. Oregon’s constitution gives crime victims the right to be heard in court; so Bracamonte came to Oregon expecting to tell the jury about his family’s suffering after the loss of his grandparents. In legal terms, this is known as a Victim Impact Statement. A Victim Impact Statement can help the jury understand the devastating effects of a crime. Studies show that giving a statement is important in the healing process and regaining a sense of feeling like a survivor, rather than a victim. The pain and memories do not leave, but a sense of empowerment is critical for survivors of crime.
Article I, Section 42 of the Oregon Constitution guarantees crime victims the right to be heard. Despite the Oregon Constitution, the judge shockingly denied the victim the opportunity to share his Victim Impact Statement with the jury. The Judge denied Bracomonte the ability to testify even though Clatsop County District Attorney Josh Marquis and the National Crime Victim Law Institute filed motions in support of Bracamontes’s constitutional right to be heard as a crime victim.
As a victim advocate, Lawrence knew it was important for Bracamonte to share his story. After learning the judge would not allow Bracamonte to speak in court, Lawrence sought other avenues. She contacted the Lars Larson show. Lars brought Bracamonte on the air to share his Victim Impact Statement with tens of thousands of Oregonians.
“The opportunity to learn about Oregon’s treatment of the death penalty, and better understand the painful journey the Houser family has traveled, is a reminder of the need to strongly advocate that victims and their surviving families be treated with dignity and respect, as they navigate the criminal justice system. I am sincerely touched by the family’s ability to maintain a sense of strength and commitment to justice, balanced by an uncommon sense of grace,” said Lawrence.
This week, the OAA Chronicles would like to join Larson and Lawrence in giving a voice to Sam Bracamonte, a brave young man who has endured much since losing his grandparents. Click here to listen to Sam share his victim impact statement on the Lars Larson Show. Follow the link to the June 20, 2010 Oregonian article about Bracamonte's victim impact statement.
