By LAMECH JOHNSON
Tribune Staff Reporter
ljohnson@tribunemedia.net
THE Court of Appeal yesterday reserved its decision on the appeal of a former death row inmate who wants a 52-year sentence for murder reduced by more than half.
Murder convict Maxo Tido and his lawyer, Glendon Rolle, appeared before the appellate court for Tido’s substantive hearing to challenge his sentence for killing 16-year-old Donnell Connover in 2002. Tido’s lawyer believes the sentence is unduly severe.
Yesterday, Mr Rolle argued that his client should have been re-sentenced to 15 years in jail.
However, Justice Stanley John told the convict’s lawyer that “15 years is clearly out of the question”.
The lawyer referred to the case of Quincy Todd, who was released on probation after a number of years in prison for murder.
“Todd had served about 18 years, didn’t he?” Justice Neville Adderley asked. Mr Rolle said yes, adding “and he was released on probation”.
“You want him back into society to make a contribution notwithstanding the circumstances of the case?” Justice John asked.
Tido’s lawyer replied: “We all find ourselves faced with situations that have consequences, but it does not mean the consequence should mean spending the rest of his natural life behind bars.”
On March 20, 2006, a jury convicted Tido of murdering the victim in 2002. Her body was found off Cowpen Road, battered and bruised and her skull was crushed. Evidence also revealed that parts of Connover’s body were burned after her death.
A month after his conviction, then Senior Justice Anita Allen ruled that the crime committed by Tido warranted the death penalty.
The decision came days after the Privy Council ruled that the mandatory death sentence in place up to that point in the Bahamas was not constitutional.
In 2009, the Committee for the Prerogative of Mercy decided the law should take its course, as Tido’s case was not one that warranted mercy.
However, he appealed to the Privy Council, the Bahamas’ highest court of appeal, which ruled that the killing did not warrant execution. Consequently, he had to reappear before the Supreme Court for re-sentencing.
This re-sentencing occurred in March 2012 before Senior Justice Jon Isaacs, who gave Tido 60 years. This was reduced to 52 years considering the time Tido had spent on remand.
In his submissions yesterday, Mr Rolle also referred to the harsh conditions at the prison that his client had to endure.
“I am not sure whether it is for the court to take into consideration the conditions there,” Justice John replied.
The lawyer submitted that his client had a constitutional right to protection from torture and inhumane treatment, which he endures at the prison.
Mr Rolle later told the court: “We’re seeking 15-20 years because we’re saying that the 60 years would, in effect, be a life sentence which is essentially a death sentence.”
The lawyer clarified that the new sentence should run from the date of the appellate court’s decision on the matter, which when combined with his client’s more than 10 years on remand, would fall within the 30-60 year range for murder sentences set out by appellate court in previous decisions.
In response, Crown prosecutor Darell Taylor argued that the case of Quincy Todd was different because Todd had above-reproach behaviour while incarcerated.
“While rehabilitation is an aspect of sentencing, there are a number of other factors as well. In this case, there’s deterrence,” the prosecutor added.
Mr Taylor submitted that Tido could not boast of having good behaviour since his incarceration as supported by the probation report presented to the court.
The prosecutor asked: “If we were to reintroduce him to society, are we able to say that he will not break the rules? That he is reformed?”
The judges asked if a psychiatric report had been presented to the judge before a decision on sentencing had been made.
The prosecutor said no, and submitted that “those are for matters involving the imposition of the death penalty.”
The appellate court said its decision on sentencing will be made at a later date.
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