Killer had no right to avoid statements

By skipping his sentencing, the Highland Park parade killer was allowed to inflict a second indignity on the victims and their families. Though his victims were not allowed to dodge the shooter’s bullets, Lake County Judge Victoria Rossetti allowed him to dodge his victims’ statements. That was wrong.

A criminal defendant has a constitutional right to be present at all stages of his trial, including sentencing. There are certain circumstances — like if he flees or is disruptive — that he can be sentenced “in absentia,” without being physically present in the courtroom. But because he can be sentenced without being present does not mean he in turn has a right to be absent. He doesn’t. Neither the Constitution nor any law affords him the right to be absent.

If victims wanted to address him — instead of an empty chair — they should have been allowed to do so. Case law is replete with examples of judges issuing “drag orders” forcing the custodial defendant to sit in court.

This case was no different.

Under Illinois law, victims have the right to make a statement in court at sentencing. If any of those victims wanted to address the depraved killer, they should have been allowed. Just as the shooter had no “right” to end innocent people’s lives, he also had no right to avoid his own sentencing.

One function of our justice system is to provide closure. Here, the system failed those victims who wanted to address the criminal killer by giving him a “right” he does not possess.

William Choslovsky

Chicago