: nysid: martin heidgen, sentence state of new york : … · 2018. 3. 2. · mineola, new york 10...

1

2

1 STATE OF NEW YORK : NASSAU COUNTYSUPREME COURT : PART 33 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - xTHE PEOPLE OF THE STATE OF NEW YORK,

3

4

5MARTIN HEIDGEN,

: IND: 1910N-05

SENTENCE

: NYSID: 5195576K

- against -

6 Defendant. - - - - - - - - - - - - - - - - - - - x

7

8February 28, 2007262 old country RoadMineola, New York

10 Before:

11

12

13

THE HONORABLE ALAN L. HONOROF,Acting Supreme Court Justice.

For the People:14

15

16

HON. KATHLEEN RICEDistrict Attorney - Nassau CountyBY: MAUREEN MCCORMICK, ESQ.Assistant District Attorney

17

18 For the Defendant:

19

20

21

22

STEPHEN LAMAGNA, ESQ.GREGORY MARTELLO, ESQ.666 old Country RoadGarden City, New York 11530

BUFF BRANSON, RPRSenior Court Reporter

Case 2:15-cv-00819-LDH Document 10-8 Filed 01/04/16 of 139 PageID #: 3190

2

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

THE CLERK: The following case is on for

sentence, the People of the State of New York against

Martin Robert Heidgen under Indictment 1910N of 2005.

Sir, you are Martin Heidgen?

THE DEFENDANT: I am.

THE CLERK: Appearances for the defendant,

please?

MR. LAMAGNA: Stephen LaMagna, 666 old

Country Road, Garden City, New York.

THE CLERK: Appearances for the People?

MR. HAYDEN: Robert T. Hayden and Maureen

McCormick, your Honor.

THE COURT: Thank you.

THE CLERK: Do the People wish to be heard

before sentence is imposed, and do they have any

victim impact statements?

MS. McCORMICK: Yes, your Honor, the People

do wish to be heard, and the Court and defense

counsel have been apprised there are eight members of

the victim's family who request to speak before your

Honor this morning.

THE COURT: Application is granted.

MS. McCORMICK: May I begin, Judge?

THE COURT: Yes.

MS. McCORMICK: Your Honor, on July 2nd,


1

2

3

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

3

People v. Heidgen

2005, the defendant, a 24-year-old man, engaged in

drinking alcohol. No crime in that, Judge. He was

in Manhattan. He went to a place called the House of

Blues and he started drinking with friends.

The problem began with Mr. Heidgen's choice

not to stop, not to stop for a period of almost nine

hours. He stayed at the House of Blues, and how much

he had to drink is the subject of some questions. He

returned to Nassau county, and he continued drinking

until nearly two o'clock in the morning.

It's unknown exactly when he left the party

on Sandra Lane where he had continued his drinking,

but he did leave, and he had been drinking at that

party. He had been drinking so much, in fact, your

Honor, that in spite of metabolism over nine hours,

at the time his blood was tested after this crash, he

still had in his system a .28 blood alcohol

concentration, .28, three and a half times what is

the established legal limit for driving while

intoxicated.

There was extensive toxicology testimony in

this case that revealed that that .28 was in the area

of the defendant still having, still having in his

system, 14 drinks.

But that's not what makes this crime the


1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

crime of murder, the crime of murder for which he was

charged, the crime of murder for which he was

convicted by a jury, who, in spite of allegations of,

after the fact, through the interviews conducted by

this office, we learned tried desperately to follow

the court's instruction and were diligent in their

obligations as citizens, an obligation that should be

honored.

It was clear from the jury's deliberation.

It was clear from the notes that they sent that they

had immediately gone to the heart of the matter, what

was the defendant's state of mind.

His state of mind can only be elicited by

the facts in this case, Judge, and while I mean no

disrespect ever to the people that I serve, I say

that this is not a DWI death. That's not what this

case is.

This is a case of depravity, and depravity

is something different, something more. The law has

made that distinction. This defendant's depravity

can be seen through his actions.

He had the opportunity to stay where he was.

He was welcome to stay in the home where he was

drinking, and having consumed enough alcohol to be a

.28, he chose, instead, to get in his car and drive


25

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

1

2

4

3

6

5

9

5

People v. Heidgen

4,375 pounds of steel uncontrolled, in his

estimation, although appearing very controlled, down

Nassau County streets.

Your Honor, I direct the court to the

probation report with respect to this one fact alone

where the defendant himself states -- he admitted,

however, that part of not staying at the house that

he was at was that he did not want to stay there and

have to sleep on the floor. He wanted to sleep in

his own bed.

His claimed rationale, his claimed reason

for endangering the lives of everyone who came across

his path, and taking the lives of Katie Flynn and

Stan Rabinowitz, of destroying the lives of their

community, their family, their extended family, is

because he wanted to sleep in his own bed after he

consumed enough to be a .28.

Again, Judge, it's not what makes it the

murder per se, because the question is what was going

. on in the defendant's mind, as per Feingold.

.This defendant managed to control, in a

deliberate way, operate his motor vehicle without

incident for five miles, from the point on Sandra

Lane to the point at the Meadowbrook Parkway where he

inexplicably, because there's been no testimony about


6

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

how, he became turned around and going the wrong way.

But we do know from the series of witnesses

beginning with Elizabeth serwin, Joseph Caruso,

Mr. weber, Matthew Sussingham, that over a period of

at least 2.9 miles, 2.9 miles, this defendant

proceeded in the left lane of the southbound

Meadowbrook Parkway going north.

He proceeded at highway speeds estimated to

be between 60 and 70 miles per hour. He was

unwavering. His operation of that motor vehicle was

controlled. It was deliberate. He didn't just

simply miss a turn and slide off the road because . his

ability to operate had been.substantially affected by

alcohol. He maintained that road. He maintained

that speed. There was an air of deliberation and of

controlling every action this defendant took.

Still, having been faced with any number of

warnings that he was going the wrong way, that he was

being passed by oncoming headlights, people honking

at. him, people blinking their lights at him, people

veering suddenly out of the way to avoid being killed

themselves, still he continued in that deliberate,

controlled operation of his motor vehicle.

Thirteen thousand feet, more than that,

Doctor closson testified about the effects of alcohol


7

People v. Heidgen

1

2

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

on perception reaction time, and that the most it

could be extended to was the outrageous time of five

seconds.

This defendant had multiple times, he had

every opportunity to proceed to react, to stop, to

slow, to get out of the way, and he never took them.

That is what makes this case depraved

indifference to human life, because, fudge, there are

facts about this case and the way they align with the

law that need to be discussed. But before we get to

those facts, I would like to talk about the defendant

himself and what we know of the defendant himself.

The court has had access to hundreds of

hours of telephone calls , from the defendant to any

number of parties from the jail. The People have not

heard them, but the People wish, nonetheless, that

the court consider the content of those

conversations, the attitude of the defendant, and

what we believe has to be a continued lack of remorse

because there has been no remorse expressed in this

courtroom or out of it.

The People have sent to the court sentencing

letters with letters attached, unguarded letters to

friends. we ask the court to consider them. we ask

the court to consider the fact that when asked by a


8

People v. Heidgen

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

4

5

6

7

8

friend if he would drink again, he said, yes, but he

might not drive though.

Nowhere in the letters that were provided to

the court is there any remorse expressed or concern

for the victims. I think it is fair to state that it

is all about the defendant from the defendant.

The defendant expresses himself as a victim

in this case. He continually blames other people.

Tracy sodikoff, his friend, is going to be the reason

he has to go to jail, not his own behavior, not the

choices he made, not the deliberate way he acted.

she's going to be responsible.

The victims' families don't like him because

they are being lied to by the prosecution. The

police are lying. They are conspiring against him.

He is the victim in his own , mind, but he is only the

victim in his own mind, because, in reality, he is

nothing, nothing of a victim. He is purely and

absolutely the offender.

This man who, after this crash, can be

questioned and comes up with movie quotes, who is

devising a scheme of lies, who claims in his letters

to his friend Josh zigman, which was part of this

trial, that he knew we couldn't use -- we couldn't

use those statements against him because he claimed


9

People v. Heidgen

25

16

22

10

11

12

13

14

15

17

18

19

20

21

23

24

1

4

3

6

7

5

8

9

he had never received his Miranda warnings.

That begins a pattern of behavior of

believing he can out smart this system, that he's

better than this system that. was betrayed throughout

the course of this trial. This defendant sat in this

courtroom emotionless. Never did he express the

slightest sign of remorse, even as he listened to

devastated family member after devastated family

member describing scenes that no one should ever have

to view or hold in their hearts as they will for the

rest of their lives.

No, Judge, this man, after causing this

crash, was in the hospital being questioned by

Investigator Harris, and he said, I thought I was

talking myself out of a DWI. He's protecting

himself. He thinks he is going to protect his

friends from whatever repercussions, but he's not

claiming to know that he has seriously injured or

killed people in another car.

As I said during summation, and I will say

again, protect them from what? Protect them from his

own crash, if he had not seriously injured or killed

people? I submit to this Court that the series of

statements by this defendant back and forth render

him incredible.


20

' 7

10

11

12

13

14

15

16

17

18

19

21

22

23

24

25

2

4

3

6

5

8

9

10

People v. Heidgen

He claims in letters to friends that he

blacked out while driving, and, yet, in his probation

report, there are very clear and vivid imagines that

he recalls about operating his motor vehicle that

night. He suddenly remembers, Judge, that he

believes he tried to slow down just before the crash,

because that's just as the alcohol hit him, that .28.

suddenly things got very wrong.

Now, for the first time, he recalls a car

passing him on the right and thought it was strange,

but none of his letters say that, none of his

statements to the police said that. Now he says he

tried to slow down.

In that probation report, Judge, it is

astonishing how he focuses on himself, but along the

lines of his persistent behavior of trying to beat

this system, the court is aware of the behavior of

this defendant as it relates to a DNA -- court

ordered DNA test.

The only emotion ever expressed by this

defendant was in court the day .that your Honor

suppressed the blood test, the blood and the blood

test results. That was the only time the defendant

was seen slightly weeping for joy.

But when the court ordered that the


11

People v. Heidgen

defendant submit to a DNA test, instead, this

defendant made every attempt to thwart that DNA test,

and testimony was provided to your Honor by

Mr. Buffalino from the DNA lab that instead of it

being a sample, there was additional, a second

sample, a majority sample that belonged to another

person who turned out to be an inmate with the

defendant.

MR. LAMAGNA: Judge, I object to that line

of statements for the purposes of this hearing. That

is not part of the record.

THE COURT: It was not part of the record,

but it is a part of what I am taking into

consideration. I am not limited to the record in my

determination today. overruled.

16 MS. MCCORMICK: Part of what needs to be

considered in that fact, Judge, is that as the

defendant was taken from his cell and brought down

for the buccal swab testing, surrounded by'officers

to make observations and. make sure that everything

went well, he smugly turned to Trooper Harris and

said, I'm watching you guys.

The clear implication is that he was trying

to beat them again, first by believing that he could

get around the statement by his claim that Miranda

1

3

4

5

6

7

8

9

10

. 11

12

13

14

15

17

18

19

20

21

22

23

24

25


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

12

-People v.Heidgen

wasn't given to him, and, now, again, by thwarting

the test.

Your Honor, in the defendant's probation

report it has to be noted that the defendant feels

that he has -- the way he has been portrayed in the

media is hurtful. His concern, again, goes to

himself.

There are other items that must be

considered by this court in terms of the defendant's

character. while it is true and it is reported in

the defendant's probation report that he had been

stopped for suspicion of driving while intoxicated

and was acquitted, he was found not guilty in a bench

trial, the police report relating to that incident

indicates that he had the smell of alcoholic

beverage --

MR. LAMAGNA: objection, your Honor.

THE COURT: Sustained.

MS. McCORMICK: Your Honor, the defendant on

a prior occasion was given the opportunity to take a

breath test and refused that opportunity resulting in

the suspension of his license --

MR. LAMAGNA: Objection.

MS. McCORMICK: -- in Arkansas.

THE COURT: Overruled.


13

People v.Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22 .

23

24

25

MS. McCORMICK: The defendant, in saying

that he is offended by the portrayal of him in the

media states: They don't know me. Heidgen stated

that his character is immutable and maintained that

one foolish or reckless or negligent act doesn't

define me.

He concludes his statement, unbelievably,

with a statement that somehow, he hopes that somehow

he can live with the fact he is responsible for the

death of these two people, which he finally mentions,

and he says that somehow, his final words, I can

smile again like I used to.

Your Honor, he has robbed the smiles, he has

robbed the life, not just of the two people he

killed, but of countless others who are affected by

their deaths, and still his final thoughts are that

he be able to smile again.

There is a distinction in the law, your

Honor, between a person who is depraved and a person

who is reckless or -- I hesitate to say the words

simply reckless because I always worry that that will

somehow minimize to the victims of reckless criminals

the acts of their crimes.

This defendant starts with being reckless,

but he elevates his own activity to depravity. There


14

People v. Heidgen

15

16

9

10

11

12

13

14

17

18

19

20

21

22

23

24

25

1

3

4

2

5

6

7

8

is a distinction in the same way between the words

accident, which were used frequently throughout this

trial, and a preventable crime.

The word accident could consume anything

from a child knocking over a glass of milk to

something as horrific as this where the results,

though unintended,. were absolutely avoidable and

preventable.

There is a distinction in the law, Judge,

between the definition of intoxication provided by

People v. Cruz which says that the driver has

voluntarily consumed alcohol to the extent that he is

incapable of employing the physical and mental

ability he is expected to possess in order to operate

a vehicle as a reasonable and prudent driver.

A reasonable and prudent driver is something

substantially different than a person who has

intentionally blinded themselves, who has effectively

put a blindfold on and chosen to get behind the wheel

of a four thousand pound missile through our streets.

There are only two ways to interpret the

facts before your Honor. This defendant was aware of

where he was. This defendant, in the state that he

was in, for the evidence that your Honor heard about

the condition of his life, and the fact that he left


15

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

15

16

17

18

19

20

21

22

23

. 24

25

that party without saying good-bye to anyone, found

himself, whether intentionally or otherwise, going

the wrong way and simply said, tough, I'm going for

it.

Everything about his behavior indicates that

he was operating that car in a deliberate and

controlled manner, and if that's what he did, and

only he knows what he did, if that's what his mind

set was at that moment, that can be considered

nothing but depraved, and I would submit everything

about these facts and the way he operated that car

says that's exactly what he did. He was one exit

away from the one he had to take to get home, and he

was just going for it.

But, fudge, for argument's sake, if this

defendant had actually, as claimed originally in the

black-out contention, if he rendered himself, not

substantially affected in his ability to operate a

motor vehicle, but blind, selectivity blind -- and it

has to be selectivity blind because he manages to

maintain the curves of the roadway, maintained his

speed. He doesn't slide off. If he has truly

blinded himself with alcohol, if he has truly

rendered himself oblivious, he could not have

maintained this road the way he did.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

16

People v. Heidgen

But, if he had, if that's the contention,

blinding yourself, not drinking to the point of

intoxication, not being .09 or a ten, and not taking

the turn properly, turning wide, maybe striking

another car, if you have rendered yourself in a

position that you can actually travel three miles the

wrong way and not be aware of it, and you,

nonetheless, got in your car and tried to drive home,

that too is an utter disregard for human life. It is

depraved.

The jury, in its wisdom, found so. The

jury, in its wisdom considered, all of these . facts

for five days.

This is a result oriented crime, Judge.

Because the defendant did not target particular

victims, the randomness of his victims is one of the

things that plays into how he should be sentenced.

when he put into motion these depraved -- the

depraved mind and the acts that resulted in these

horrific deaths and injuries, he had no idea how many

people could suffer as a result of his behavior.

The very breadth of the risk that he took is

something that has to be considered by this Court,

because the fact of the matter is that had the

defendant been able to have been stopped prior to the


17

People v. Heidgen

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

6

7

8

crash occurring, these same actions committed by the

defendant would have resulted in a charge of reckless

endangerment.

It is the fact that he killed these people

that elevates this case to murder. It is the result

that not only changes the charge, but the results

themselves must be considered in effecting a fair

sentence for this defendant, and his results are

unspeakable.

His results caused a mother to hold her

child's head in her hands. His results caused the

death of Stanley Rabinowitz.

The irony in this should not be lost on

anyone. Stanley Rabinowitz was a man who drove a

limousine and volunteered his time to see that drunk

drivers got home free of charge. Stanley Rabinowitz

was a man who was operating a limousine from a

wedding in which the Flynns and the Tagneys went from

the most beautiful day, the most celebratory day in

their lives.

The court has seen the photographs ' from that

day. The Court observed for itself, as did all of

the other jurors, that in the back of the limousine,

the shells that the children collected and are

pictured in the photographs given to the court, are


18

People v. Heidgen

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

6

7

8

still in the back of that limousine. The Court

observed Mr. Rabinowitz' s eye glasses are still

embedded in the windshield of that limousine.

The Flynns and the Tagneys did everything

right. They attended a wedding. They celebrated

with their family. They have beautiful family

photographs. what should have been perfect memories

of a perfect day were destroyed after they acquired a

limousine so as not to take any risks of being tired

or having consumed any alcohol.

They were doing everything right, and this

defendant who did everything wrong, everything wrong,

stole from them the most precious things in their

lives, and they will never be the same. The concept

that time heals all wounds is a lie, and it cannot be

said to these families.

Judge, I need to point out, from the

probation report, the astute observations of the

probation officer who says that one sentence,

however, that any limited expressions of remorse from

the defendant may be more about regret for his own

life which is in ruins than a heart felt reflection

of remorse for the victims' losses.

The victims' losses are the results of this

crime. The victims' losses, and the fact that two


19

People v. Heidgen

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

7

lives were taken, three lives' physical health

destroyed, and countless others' emotional health.

Judge, it has to be pointed out that the

entire Flynn family were coming home from that

wedding down that route, down the Meadowbrook. The

first person who responded to that crash was the

victim's great uncle. He saw his brother, that young

child's cousin, Gracie and Katie's cousin, arrived on

that scene to see that family decimated after just

having celebrated with them.

This charge, because it does not specify its

victims, must also include an assessment of the

results, and, at this time, your Honor, the People

who can convey those results better than I will ever

be able to are the victims' families, and I ask them

to come and make their statements, but only after we

beg the court that justice demands, for the character

of this defendant, for his behavior, for his lack of

remorse, for the fact that he still doesn't get it,

for the damage he's done and the extreme nature of

his depravity, that this defendant be sentenced to 25

years to life.

At this time, your Honor, the People would

ask that Nolan Rabinowitz come up.

MR. N. RABINOWITZ: Thank you, your Honor,


1

2

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

20

People v. Heidgen

for your understanding, your patience, and your

attention.

My name is Nolan Rabinowitz. I'm Stanley

Rabinowitz' youngest son.

My father was 59 years --

THE COURT: Take your time, Mr. Rabinowitz.

MS. McCORMICK: With the court ' s permission,

may I stand with the victim?

THE COURT: Yes.

MS. MCCORMICK: Thank you.

MR. N. RABINOWITZ: My father was 59 years

old when he was killed, just at the age of

retirement, and just a short time after getting

married.

He was taken away from me way before his

time. He wasn't here for me during my sudden divorce

this year when I really needed him. He won't be here

for my next wedding.

My future children will never have the

pleasure of knowing firsthand their grandfather's

smile or gentle ways. Now they will only know my

father through stories, like past presidents in

history books. Like tragic history-book stories,

they will know that he was killed on July the 2nd,

2005, and they will know about this trial.


1

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

21

People v. Heidgen

Another way my children will know their

grandfather is in the way in which I will raise them,

my father as my guide.

when my son is eight years old and he is

interested in helping me build a shed, I will teach

him everything I know about shed billing and give him

a piece of wood and a nail.

when my son is twelve years old, when that

shed project has now turned into a three-tiered deck

with support for a hot tub, I'll show him how and why

I designed it the way I did, and we'll build it side

by side, because I know that, if he is as interested

in it as I was, he will remember every detail about

the project down to how many post holes we dug and

how much concrete is used to support each post.

I'll be the type of father that hands my son

the power tools and, after a little instruction,

says, here, now it's your turn.

Every year I'll make sure to plan a family

vacation and expose my son to sites like the giant

sequoia trees in California and the alligators in the

Everglades.

when my son is thirteen years old, I'll be a

the father who not only agrees to but offers to take

my son and his friends to the roller rink every week,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

22

People v. Heidgen

because maybe this Friday night will be the night

when he gets the opportunity to skate holding hands

with the cutest girl in his class.

I will be the father that would either

prefer to pick him up, no matter how late, to insure

that he and his friends get home safely, and driving

will never be an issue.

when my son is fifteen years old, no matter

how embarrassing the situation may be, I'll try to

understand the influences he may be under and

seriously ask him if protection is needed for his new

girlfriend.

I will ask him this because I love him and I

want to protect him and I want the best for his

future and not because I think he will remember this

conversation for the rest of his life.

This is the best that I can do, and because

of the actions of one person, two innocent peoples'

lives have been killed, and countless lives have been

horribly and unforgivably impacted. The convicted

individual that caused this deserves no less than the

maximum time away from society.

Your Honor, thank you very much for

listening and understanding.

THE COURT: You are welcome.


10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

3

2

4

6

7

8

9

23

People V. Heidgen

MS. McCORMICK: Your Honor, at this time the

mother of Mr. Rabinowitz' s children, Joyce

Rabinowitz, would like to make a statement.

MRS. J. RABINOWITZ: Judge Honorof, I want

you to know that Stanley Rabinowitz was a good man.

I don't say those words without facts to back them

up. He only spoke well of someone or he didn't say

anything at all.

Stan was always there to lend a helping hand

to anyone, a neighbor, a stranger, a friend, his

sons, me.

Stan worked his entire life from the time he

was just a boy. He deserved a chance to live to a

ripe old age and enjoy the fruits of his labor. He

deserved the right he had to walk down the aisle at

the wedding of his son, Keith, which was last August

when he married Bonnie as planned.

He deserved the right he had to meet and

play with his grandchildren, to enjoy his new

marriage, to collect social security, and to

ultimately retire.

Some people may say what impact could Stan's

death have on me. After all, we were divorced for a

number of years. was he a part of my life? But the

truth of the matter is, he has always been a part of


9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

6

7

8

24

People v. Heidgen

my life. we were going steady when I was fourteen

years old. He was at my junior high school

graduation. The week before he was killed, we sat

together at our son's engagement party. we hugged

each other each time we saw one another. we cared

about each other. I always wanted stan to be happy,

whether we were married or not.

with Stan gone, there is a void in my sons'

lives that I try my best to fill, but I know I can't.

I am not stan. I am not their father.

Since losing stan, my family has cried a

million tears. we have had sleepless nights and we

have suffered beyond comprehension. I personally

have had anxiety problems driving on the highway, and

each day as I go to work, I relive Stan's last

moments remembering the video again and again.

I refuse to go out in any situations where I

would have to drive home after midnight since that is

usually a time when drunk drivers are on the road. Ihave had flair ups with skin disorders and

nervousness as a result of the defendant and the

trial that he has put us through.

My children comment to me that I worry about

everything, and I guess that has become a reality for

me. I have had stomach disorders, probably because I


1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

25

People v. Heidgen

now realize that people like this defendant can be so

callous and show no remorse for their actions even

when their actions cause death.

Even his family members are so self-centered

that they care nothing for the victims here. They

have made statements to the press that this defendant

is a scape goat and a victim of a political plot

against him. It is just unbelievable that people can

be that cruel.

My feelings and anguish also encompass the

suffering of the Flynn and Tangney family. Hearing

the testimony at trial and the descriptions of their

injuries and the operations they have endured resound

in my head often. I cry for them and their loss of

that beautiful child, Katie. Many tears have been

shed by my family for their suffering.

I respectfully request that your Honor make

the proper and warranted decision in this matter.

Martin Heidgen did heinous crimes against the people

of this state and against my family and the Flynn and

Tangney family.

He knew exactly what he was doing. He did

it purposefully. He proved the kind of man he is

that day, as he did in court when he was ordered to

have a DNA test done.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22.

23

24

25

26

People v. Heidgen

Your Honor advised the defendant's attorney

that his client came to court with dirty hands, but

the defendant actually showed us his dirty mouth and

deviousness and untrustworthiness. Martin Heidgen

deserves the maximum sentence of 25 years to life in

prison.

unfortunately, we cannot bring Stanley and

Katie back to us, but we can prevent him from doing

this again to others. we must protect the public

from this unremorseful and dangerous man. Thank you.


MS. MCCORMICK: Your Honor, Keith Rabinowitz

would like to speak now, his first son.

I have been corrected, his second son.

MR. K. RABINOWITZ: Your Honor, my father

was a very honest and decent man. His friends loved

him for the person he was, not for what he had or

owned.

He was the type of person who his friends

and family could always count on. His opinion on any

matter was always held i.n the utmost regard by all of

his friends and family. He would say, if you don't

have anything good to say, don't say anything at all.

My father was only thirteen when he lost his

father to Parkinson disease. He quickly became the


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

27

People V. Heidgen

man of the house, working to help support the

household. He learned responsibility at a very young

age, and he did anything and everything he could to

better himself and his family.

He was a very sensible, wise and level

headed, safety minded and cautious person. when we

would go out on the boat, he would have everybody sit

still and listen to him giving the rules of the boat,

what to do and not to do, and made sure everyone

understood them. He knew it was his responsibility

to protect his passengers and guests, which he always

took very seriously. He genuinely cared about people

and would help anyone in need to the best of his

ability.

My father took pride in everything he did

and gave a hundred -- a hundred and ten percent in

all that he did and taught me and my brother to do

the same.

when he had a pick up to do when he was

driving, he took a little extra time to make sure

that everything went right. He would put a smile on

his face to make people feel good.

The night of the crash some of the other

drivers were arguing about the trip to Long Beach,

and it was him who came forward and who volunteered


1

2

3

4

6

7

8

:9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

28

People v. Heidgen

to drive, maybe not because he wanted to, but because

it was the right thing to do.

My father really was my best friend. He was

the first person I would call to talk to about

anything, good or bad, and I held his opinion in the

highest regard.

when he was married to Rita in October of

'04, I was honored and happy to sign his marriage

certificate because I knew it would make him happy,

and making him happy was the most important thing to

me.

when I met Bonnie, my dad was the first

person I called. I said, Dad, I think I met the one.

My father's relationship with Bonnie grew very strong

and they came to love and respect each other very

much. They got along very well, sometimes talking on

the phone for hours. He was always welcome over at

our house, and we always encouraged him to stop by

any time.

when it was time for me to propose to

Bonnie, my father and I planned out the surprise

together. I told him how honored I was that he was

part of the surprise, and we both felt very good

about that. He was very happy. I told him we wanted

to have kids and start our family and that one of the


29

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

reasons for this was to give him grandchildren. He

was very excited that she would be part of our

family, the future for us, grandchildren, and his

future.

My father always told me to watch out for

the other guy and be careful on the road between

1:00 a.m. and the morning. My father was a guy who

would give someone who had been drinking too much a

ride home for free.

Martin Heidgen never showed any remorse

toward me or my family at any time through this trial

or at any time. He seems to think that he is the

victim in this, and he has refused to take

responsibility for his actions.

Anyone playing chicken on the wrong side of

the road without care of anyone's life, including

their own, doesn't deserve to live. I can't even

fathom that someone who has seen so much pain and

horror seems not to even care about any of the pain

they caused.

unfortunately, our state does not believe in

the death penalty in this case, and we are forced to

concur with the sentence imposed on him by you. That

is why I ask of you to impose the maximum sentence

allowable by law. Thank you.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

23

24

25

30

People v. Heidgen


MS. McCORMICK: Your Honor, the next victim

to speak is Rita Rabinowitz, Stanley Rabinowitz' new

wife. They had not yet had their first anniversary.

MRS. R. RABINOWITZ: Martin Heidgen, due to

your selfishness and wanton lack of concern for human

life, you took the life of Stanley Rabinowitz and

Katie Flynn. Katie hadn't begun to live yet, and

Stan, who was so full of life, had his cut short by

your senseless act of murder.

Stan Rabinowitz was a strong man, yet gentle

and tender. People were drawn to him because of his

personality, crazy sense of humor, honesty, kindness

and wisdom. He was a wonderful husband, father,

grandfather and friend. He had a big heart and loved

easily.

He was my oasis in the desert, my bright and

shining star, and he taught me to love again. we

loved our life together and had wonderful plans for

the future. All that was ripped away from us by you

on July 2nd, 2005, in the early hours of the morning.

we had only been married for nine months.

There is a hole in my heart that will never be

filled. You killed my soul mate, best friend and the

love of my life. Stan was truly my gift.


31

People v. Heidgen

24

25

22

23

20

21

18

19

14

15

16

17

12

13

8

9

10

11

3

4

5

6

7

1 Your Honor, I respectfully request that you

sentence martin Heidgen to the maximum that the law

allows. Twenty-five years to life will never bring

Stan back to me, but martin Heidgen will be in a

place where he cannot kill anyone else while driving

drunk or break hearts ever again. Thank you.


MS. McCORMICK: Your Honor, before Iintroduce the members of the Flynn family, I will ask

the Court to bear in mind, in consideration of

sentencing, the eight-inch binder of letters and

petitions and photographs that have been submitted by

the Flynn family as well as the number of letters

from the Rabinowitz family and friends.

Your Honor, at this time, the first speaker

from the Flynn and Tangney families will be

Christopher Tangney.

THE COURT: Mr. Tangney, will you be able to

stand for this, or would you like to sit down?

MR. C. TANGNEY: No, I'm fine. Thank you.

Your Honor, thank you for this opportunity

to address the court.

Thank you, Maureen and Bob, for your

compassion and help on this trial.

My family has suffered irreparable damage


32

People v. Heidgen

1

2

4

5

3

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

inflicted by martin Heidgen. Everything that has

happened, Stanley's death, Katie's death, Neil's

injuries, henna's injuries, Denise ' s injuries,

Gracie's injuries and my injuries, were all set in

motion by the choice that evil Marty made.

Martin Heidgen, like Charles Manson, has

lured Stevie and Greg to believe he is the victim.

He is not. I am. My family is. we, as a people, as

a society, are. We are the victims, not just my

family, the Rabinowitzes, but all of us. We, as a

people, have a right to be safe and comfortable when

moving about on the roadways.

During this trial Stevie and Greg have

distorted the facts and outright lied. They have

portrayed evil Marty as a victim. He is anything

but. He has lied to the police. He has lied to his

friends. He has lied to his family. He was caught

polluting court directed tests. He has tampered with

evidence to the degree of taking another man in his

mouth to foil a court ordered DNA test.

Stevie, in his opening statement, said that

Marty was innocent but should pay for his crimes. At

no time has the defense team come forward with a

plea. They have gone out of their way to delay,

confuse and lengthen this trial and confuse the jury.


33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

.20

21

22

23

24

25

People v. Heidgen

The conduct of the defense team was

appalling. Stevie's incessant clicking of his pen

while miss McCormick was on direct, his animated

gestures and arm waiving in the presence of the jury

while miss McCormick's and Mr. Hayden's backs were

turned, these acts were childlike and unprofessional.

Denise was on the stand giving testimony a

short time when Greg accused her of -- and the

charges -- of being politically motivated, inferring

that the charges were not warranted.

Greg inferred the charges were some campaign

agenda of Kathleen Rice when, in fact, he knew the

indictment and charges were at the direction of then

DA Denis Dillon. This was another deception.

My family, the Rabinowitzes, society, we all

deserve justice. I mean, we are the victims here.

we did nothing wrong.

Your Honor, as a judge, you look at the

reports, the clinical police, medical records of

events. You impose a sentence on the jury's verdict.

.when you impose that sentence, you are to be

impartial.

when you look at us, you don't see or hear

my wife whimpering every night in her sleep from the

pain, and you don't see the lack of Neil's, Denise's,


34

People v. Heidgen

1

2

3

4

5

6

7

8

9

J

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

and my ability to move, to get dressed in the

morning, our limited abilities caused by evil Marty.

You don't see an athlete, a 37-year-old father,

unable to pick up his children. He can't chase after

them, wrestle or roughhouse with them. This is a two

year old, a four year old, and a six year old who

should not have been robbed of a father's

roughhousing.

You don't see Lisa, a newlywed, apologizing

to me hundreds of times over the past year for having

a wedding so far away. she did nothing wrong to

deserve this guilt. She got married.

You don't see Denise, ]enna and me cry every

day.

You did not see me avoid Neil for over a

year, not talk to him, not get caught alone in a room

with him, for fear I would look at him, because he

looked so much like Katie.

You don't see a family that at one time

spent every holiday, vacation and weekend together.

Now, one of us, conspicuously and purposely, stays

away for fear that we are moving along without Katie.

Your Honor, I don't know how you look at the

reports, the various paperwork, the verdict and

impose a sentence devoid of emotion, especially with


35

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

us sitting right in front of you and in your face a

family demanding justice. It is not only us that

needs justice and protection but society as well.

when you look at us, we are nothing special.

we are everybody. we are the guys in the white hats,

just an average family returning home from a wedding.

Your Honor, you must protect us from the

evil Martys who choose to act without regard to the

rules and the laws of society.

Evil Marty chose to drive drunk that night.

He knew what he was doing. He entered into a course

of conduct that proves he knew exactly what he was

doing. He specifically snuck away from his friends

without saying good-bye because he knew they would

provide a place for him to stay. He knew that his

condition -- that in his condition they would

intervene and he didn't want the hassle. He chose to

leave. He chose to drive and he knew his condition.

He chose to drive, and as he drove, he

decided to self-destruct. I don't know exactly when

he chose.-to kill. I do know it was decided around

2:00 a.m. on July 2nd, 2005, in the vicinity of the

toll plaza on the Meadowbrook Parkway, because that's

when an evil Marty decided to kill and kill he did.

His first attempt failed when he tried to


1

2

3

4

5

6

8

9

10

11

12

13

14

15

16.

17

18

19

.20

21

22

23

24

25

36

People v. Heidgen

crash into Elizabeth serwin forcing her to the

shoulder. she evaded and lived.

His second attempt further north on the

Meadowbrook Parkway, while more aggressive, also

failed when he tried to crash into Mr. Caruso.

Mr. Caruso had to veer across two lanes on to the

shoulder to avoid being killed.

Further north near the Babylon Turnpike, on

the third attempt to kill, he was successful. I am

the victim of that crash. I am also an eye witness.

I witnessed Marty track us. when he changed lanes --

when we changed lanes, he changed. I watched him aim

at us. I watched him turn into us at full speed.

Mr. Rabinowitz tried to evade the on coming

onslaught. I watched evil Marty crash into us. I

watched his truck climb up over the hood of the limo,

and I watched as Marty killed and maimed. Your

Honor, I watched Marty aim at us with intent and

purpose.

Your Honor, you must protect us and you must

extract justice for what has happened. The only

justice warranted for this evil, evil piece of shit,

is that he gets 25 years to life. I seek justice for

the acts of Marty Heidgen. Only the maximum is

dictated. Thank you.


1

2

3

4

5

6

7

8

9

10

11

16

17

18

19

20

21

22

23

24

25

37

People v. Heidgen

THE COURT: Before you ask your next victim

to speak, I am going to. adjourn these proceedings for

about ten minutes.

(whereupon, a brief recess was taken.)

THE COURT: Miss McCormick?

MS. MCCORMICK: Your Honor, in listening to

Christopher Tangney's statement, before I bring in

Denise Tangney, I realized that I neglected to bring

something to the court's attention that I think bears

on this sentencing.

The court is aware that there had been

statements made by one of the defendant's friends,

Tracy sodikoff, that the week before this incident

the defendant had become intoxicated and had left the

party, again, without saying good-bye to anybody,

what she believed was an attempt to evade having his

keys taken, because, according to all of those

friends, it was their practice not to drive, to take

the keys and remain where they were.

Your Honor is aware that miss sodikoff made

a statement that she confronted the defendant just

one week earlier about never doing that again and was

given assurances by the defendant that it was a

one-time event, an anxiety attack, and that that

prompted belief of the proximity of that behavior.


9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

5

6

3

4

1

2

7

8

38

People v. Heidgen

The promises elicited, the fact that he was

directly told that it was unacceptable and now the

proximity to this event is something that I think the

Court should bear in mind in sentencing.

I apologize for leaving that out initially.

Mr. Tangney's statement, since he referred to it, I

thought it needed some clarification.

Denise Tangney was a victim and is the

grandmother of Katie and she is the next speaker,

your Honor.

THE COURT: would you like to sit down.

MRS. D. TANGNEY: No. Thank you.

Judge Honorof, thank you for the opportunity

to address this Court.


MRS. D. TANGNEY: I heard your admonitions

to the jury. You told them to be impartial. You

told them to stick to the evidence. You told them to

separate the facts from sympathetic emotion, and

almost as impossible as that is to do now, I'm

attempting to address . you today from that

perspective.

I have tried to compartmentalize our deep

scars, our catastrophic losses of our physical and

spiritual and our emotional beings, our entire family


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

39

People v. Heidgen

unit. i have tried to put that aside for the brief

opportunity to speak to you and come to it from a

different perspective.

In your decision today, I ask you to

consider why there's-so much media here today. why?

why?

In determining the sentence for this

depraved human being, I ask you to consider why our

circumstances, our story, this case, why has it

touched so many across the united States, and I've

gotten letters from overseas. why is that?

In my bed for a year and a half, unable to

do anything but sit and read and think and pray, Ihave pondered why you open the paper and every day

there's somebody's tragedy in there. Why has our

case resonated with so many? why is that?

I believe it's because this depraved

individual violated everything that represents right

and good. This depraved individual violated a

family, our family. He violated loving,

interdependence, loving, mutual support, violated

loving, customs, joy, loving, responsibility.

we did everything right that night, and we

had every right as citizens to expect to travel on a

public highway and expect to tuck in four children in


4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

40

People v. Heidgen

bed that night.

why are they here? why is the media here?

Because we are everybody. We are every man. our

face is everybody's face. We are every mother. we

are every father. we are every grandparent. we are

every family.

Interdependence, mutual support, customs,

joy, responsibility, doesn't that describe the tenant

of a healthy society? Aren't laws meant to protect

the very fabric of a civilized society? Isn't that

why we are here today? Isn't that why you and

everybody else that works in this building gets up in

the morning?

It's 2007 but the premises is primal to me.

society has rules. It has rules to protect it's

integrity, and, since the age of the caveman, if an

individual violated the integrity of the group, they

were shunned and they are were ostracized. why? To

protect the group, and living in this group and

reaping the benefits of this group demands

responsibility.

in this day and age, you want to abandon

your kids, you want to shave your head, you just go

to rehab. You extort money, forfeit public trust,

you say you are sorry and then you go to rehab.


1

3

4

5

6

7

8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

41

People v. Heidgen

Today, your Honor, your decision has the

opportunity to tell this depraved individual, and

those who are like him, that this court will not

tolerate a laisez-faire attitude towards social

responsibility.

This pathetic, depraved individual chose to

live outside the boundaries of social and lawful

conduct. My family and the Rabinowitz' family are

the victims of that choice.

My comments today are addressed to you and

to lady justice who is blind to all the emotions and

everything except for the facts, and the fact is that

Neil, Chris and I were brutally assaulted. The fact

is that we lost our Kate to murder.

In the midst of this whole time, we can't

lose sight that we have lost our little girl. She's

not a cause. she's not a social agenda. she's our

baby and the light of our life. she's the glue that

keeps our family family. she is pure joy, and we are

poorer for her absence.

Jenna and Neil will parentdifferently.

Neil will practice law differently. They will

interact with the world around them differently void

of her absence.

Her sister and her brother are going to grow


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

42

People v. Heidgen

up differently, void of her loving influence. Her

friends, her school, Long Beach, anyone and any

person that she was supposed to touch in her life are

poorer for her absence.

This depraved individual is responsible for

that. This depraved individual must take

responsibility for the way he chose to live his life.

This court has the responsibility to demand

responsibility from this person and from its

citizens.

Judge, I request the maximum sentence for

each count charged against him, three assaults and

two murders. Thank you.


MS. McCORMICK: The next speaker is Jennifer

Flynn.

MRS. FLYNN: I loathed standing before you

today knowing that I am expected to sum up the impact

of the crash in a statement. It cannot be done, but

I stand before you because no one should live like I

do.

I am here for Grace, Eamon, Colm, for my

family, friends, neighbors and for the thousands of

people that have been extraordinarily kind to us. It

is courage that brings me here, not revenge, because


2

3

4

6

7

8

9

10

11

12

13

14

15

16

17

18

19

-20

21

22

23

24

25

43

People v. Heidgen

it's the right thing to do.

we, as a society, have allowed drunk driving

to continue. Katie didn't die from cancer, cystic

fibrosis or some other terrible disease which compels

us to send money to a foundation praying that

scientists will cure. we donate all we can afford.

we raise funds. we pray and hope that someone will

come up with a cure. Everyone agrees that these

scourges needs to be eradicated.

Drunk driving exists because we allow it to.

with drunk driving, you can't just write a check and

hope for the best. It requires us to look at how we

have been tolerating drunk driving with insufficient

jail time, inadequate charges and ridiculous

self-improvement classes.

why do we accept laws that are written insuch a way that law enforcement must prove someone's

state of mind? I have the blood, the confession, the

witnesses, the videotape and the unrepentant

sociopath driver.

People actually said to me that if he was

not convicted of murder, at least he'll get

manslaughter and some jail time. why would I accept

that? why do we accept that?

Kate was murdered needlessly by a deliberate


44

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

act. Drunk driving could be dramatically reduced

tomorrow if we changed our mind set and punished

drunk drivers. It's easy to give jail time. It ' s

easy to stick someone in a program, but it doesn't

work.

I wish that I had the opportunity to spend

Thursday nights in a class somewhere. I wish I had

the opportunity to pay a fine. I wish I could spend

ten years in jail. By ten years worth of calendars,

I would cross every day off, and, at the end, I would

get my life back. But my tomorrow will never get

better ever.

Drunk driving continues because people

aren't afraid not to. Punishments are not that big

of a deal. They are not severe enough because

society doesn't view it as the crime it should which

brings me to the trial.

why do we accept it when the New York Times

reports that this is a drunk driving bungle, bungle?

Bungle is the word they actually used. Bungle is a'

term you should use if you drop a bag of chips or, at

worst, roll through a stop sign.

Katie's head was severed from her body. The

entire front end was embedded in Stanley Rabinowitz.

To clean it up and water it down so it's more


1

2

3

4

5

6

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

45

People v. Heidgen

palatable for the papers and the news, the jury and

the defendant is wrong.

setting aside how insulting that is to Kate,

Mr. Rabinowitz and our family, it was a disservice to

drivers everywhere to not discuss the crash as it

actually happened. If it were not constantly watered

down, maybe we would punish drunk drivers

appropriately.

Maybe if you knew that the crash didn't end

on impact, if you knew how things unfolded after

impact, people could form an informed opinion on

drunk driving.

Two dead, three others maimed in a car

accident, as the defense would like to paint this,

doesn't even come close to describing the carnage of

that night.

The defendant has rights -- and I am a true

believer in the system -- but his rights don't

supersede mine, and if the decisions are to be made,

they should be based on all the facts, and it didn't

end on impact and it should count.

who cleans it up for me? who cleans it up

for the court officers and police officers who don't

even know us and are still visibly affected during

their testimony by the horrors of July 2nd, a year


46

People V. Heidgen

10

11

12

13

14

15

17

18

19

16

20

21

22

23

24

25

4

2

9

3

6

7

8

5

and a half later, or the EMTS and police officers

that were not permitted to testify because it would

have been prejudicial? who cleans us out of their

nightmares?

It should count for sentencing today and

people should know so that change might be made and

society's tolerance and acceptance of this crime. I

shouldn't be dismissed as a grieving mother. what

happened to me and Kate should be known and be given

the weight it deserves.

I sat with Kate on the Meadowbrook Parkway

and calmly and knowingly told officer Collins, the

officer stationed to sit with me, that my life was

over. There was nothing exaggerated,or dramatized in

that statement because he drove seventy miles an hour

and mowed us down with a head-on crash. I was left

to pick up my most beautiful, loving, first born

seven-year-old daughter's head off the floor of a

limousine, to sit on the ground holding her and

watching helplessly those I love in so much pain, to

see my father's leg cut off and his body mangled, my

husband moaning in pain and screaming for Kate, the

unnatural and scary positioning of my mother, the

blood and bodily remains strewn on the seats and my

helpless, scared five-years-old hurt daughter crying


47

1

2

4

5

3

6

7

8

9

10

11

12

.2 13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

in the corner.

It sounds flat on paper. I hate saying it

out loud, but living it can't be described:

Driving with Kate to the hospital, crying as

I knew I was getting closer and closer, knowing it

was the end, and kissing her good-bye, having minutes

to get it together as I was rolled into an empty

corridor to wait at the opened back entrance of the

ER where I would meet Grace;

How scarey it was to see my baby on a

gurney, not knowing how we would make it through the

night or any day thereafter, saying good-bye to my

father as he was transferred to a hospital better

equipped to treat his horrendous injuries, letting

him know how much I loved him, how peaceful Kate

looked in her sleep, and how she could not have felt

any pain;

Calling Neil's mother with the devastating

news about Kate and having nothing to say about

Neil's condition, how frightening it was to be at the

hospital without him, how scared I was for his

survival physically and mentally, pleading into

friends' answering machines to pick up the phone so

they could get to south Nassau Hospital before the

state trooper that I was told was sent to tell him


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

48

People v. Heidgen

that his daughter was dead, all the secondhand

information I was getting about his condition and

doubting he was well enough too hear about Kate;

watching the clock minute by minute, waiting

for 7:00 a.m. so that my mother could start her first

of many surgeries, still not knowing if it was

because she wasn't stable enough to be operated on or

if the hospital was waiting for the surgical team;

At about 7:00 a.m., the hospital staff

realized that Grace was never examined, knowing that

she was bleeding internally and would need to be

watched for several days in the pediatric intensive

care unit, not knowing how much she knew and how much

we could tell her.

we spent five days together in the hospital.

As we were discharged, Grace and I sat in a wheel

chair being rolled out to the car when she saw a

newspaper with Kate ' s picture on the cover. I had to

tell her and the boys by myself when we got out.

we stayed with relatives for a couple of

days hoping Neil would be released and that we could

go back to my mother's house together. But it would

be three weeks before he was released and we needed

to get home..

It was two weeks before the doctors released


23

24

25

21

22

16

17

18

19

20

14

15

11

12

13

9

10

7

8

3

4

5

6

2

49

People v. Heidgen

my parents and my husband, transferring them to a

rehabilitation facility and permitting them to go by

ambulance to Kate's wake and funeral.

I visited three hospitals a day, comforting

my. one year old, three year old, five year old,

planned a wake and funeral mass by myself. That

should count and that should be weighed. Two dead,

others injured is an unfair incomplete depiction of

that crash.

After the mass, Neil and I went back to the

rehab facility. I had just had a funeral mass for my

perfect, spectacular child, and Neil still could not

come home with us. Because of his injuries, he slept

in a recliner while I slept in his hospital bed, the

two of us holding hands for as long as we had the

strength to keep them outstretched.

our house was being renovated by my father

and the six of us had been staying at my parent's

house. Now we had no home to go home to, no one to

go with, broken bodies and spirits. Friends,

neighbors and strangers came together like an Amish

barn raising to build us a place where could try our

best to live. we spent four months living in one

room, myself and the kids on the bed, Neil in the

recliner, and Kate in a small, small cardboard box on


1

2

3

4

5

6

7

8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

50

People v. Heidgen

a shelf in the closet next to my T-shirts.

He spent all day crying and drinking and all

night staring at the television. For the first few

months, I never spoke in the morning because Icouldn't believe I had to live another day without

her. For the next few months, I didn't speak in the

evening because I couldn't believe I lived the whole

day without her.

My father came home four weeks after the

crash and my mother five and a half weeks after the

crash. All of us living in one home wailing from the

pain both mental and physical. It was helpful

because we needed each other and horrible because

it's too hard to be with people you love in that pain

and not be able to help each other.

we moved back home the weekend of Kate's

birthday. on what should have been Kate's eighth

birthday, we brought ashes to the beach, spreading

her in the place that once brought her so much joy.

The past year and a half required more

surgeries for all of us. The physical and mental

pain we lived with could not and should not be

referred to and cleaned up as also injured.

I don't want to describe what my life is

like, but would it make a difference if you knew how


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

51

People V. Heidgen

he ended all of our lives because he could and

because he wanted to? would it change the way we

view and punish this crime?

The papers cleaned it up. The trial cleaned

it up. I put my makeup on and I stay busy with my

children, but if you knew that I was half the person

that I used to be, would it make a difference? It

should.

I spell, count or pray to keep my mind from

going to where it's difficult to come back from. The

crash and living without her affects every TV show I

watch, every book I read, every conversation I have,

every activity I engage in and all the relationships

I have.

Food, drugs, alcohol and exercise do not

provide respite. I gasp for air as I walk through

the aisles of waldbaum's. I get so overwhelmed with

grief or gratitude when I meet the people who are so

kind to us that I can't speak. I fumble over my

words and I am reduced to tears in a second.

i try to be the best mother, wife, daughter

and friend that I am or can be, but I'm half the

woman I was. I am most happy when I'm with my

children. Yet being with them makes me want them

more. I had four kids in six years. we didn't have


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

52

People v. Heidgen

a chance to grow as individuals yet. we were one

unit, each piece making up one personality. Her

absence is palpable.

My marriage has suffered. I have loved my

husband since I was seventeen. But it is

excruciatingly difficult to be with someone in that

much pain and to feel the same way and not be able to

do anything about it.

I am quiet, disconnected and withdrawn.

There is no conversation that follows what happened

to us. There is no subject worth talking about, so Idon't.

My friends and family mark the loss of Katie

and us. we are trying. I spend time with relatives.

I wake up with a rash. I go to a birthday party or

holiday. I wake up with an infection. I sat through

the trial coughing and sneezing.

Living with the stress makes me physically

ill. I have suffered from infections, headaches,

back pain, cuts and colds that take an inordinate

amount of time to heal. I can't sleep . : I'm

incredibly sad. i wonder what we are doing here, and

I hope that heaven is everything I want it to be.

we are a good, strong people, a loving

family with close friends living in a great community


1

2

3

53

People v. Heidgen

and every day is a struggle, a

can't-get-the-door-open air-on-my-face-fast-enough

struggle.

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

If people knew all of this, would it make a

difference in the way that we punish drunk drivers?

would it force a remedy for the inadequacy of the

current system?

It doesn't end with two dead, others

injured. It's not that neat. Although time will

make us more resilient as we learn to live this new

life, it will never be good. How we live to get

there should count for sentencing and be known so

that changes can be made.

Living without Kate is more difficult that Ican or care to convey, but the manner in which she

was stolen leaves my breathless. One man chose to

end her life.

The murder charges, correctly chosen because

it fits the crime, were submitted under Denis Dillon,

the previous DA. . The current DA prosecuted the case.

By reporting the defense's claim that this charge was

brought by Kathleen Rice's political motivation,

without adding that it was actually her predecessor

who brought the charge, is wrong.

This is not about political agendas. It is


/" 1

16

10

11

12

13

14

15

17

18

19

20

21

22

23

24

25

4

2

9

6

8

3

5

54

People v. Heidgen

not about Kathleen Rice. It is about Katherine Marie

Flynn. It is about Stanley Rabinowitz. The charge

of depraved indifference murder was chosen because it

fit the crime committed.

His reptilian attorneys misled the jury and

the public with complaints that the charge was

tantamount to intentional murder when he was only

charged with depraved indifference murder. where is

the follow-up statement that challenges him on his

blatant lies? How can we ever have a necessary

dialogue if the public thinks that we are crazy

grieving parents and that this is a political witch

hunt?

If Newsday is going to go print articles

with three defense attorneys or liberal law

professors who state we'll never win, where are the

three retired prosecutors that counterbalance that

pathetically wrong drivel?

I am not saying you have to give the victims

preferential treatment, but be fair. How does it

serve the public if we are led to believe that this

is a battle that can't be won?

our crash fits the new appellate rulings

perfectly. who else would have the videotape, the

number of witnesses, sympathetic victims? why are we


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

:21

22

23

24

25

55

People v. Heidgen

writing the laws in such a way that it makes

prosecuting these cases so difficult? why do we

tolerate it? why is it not discussed in detail?

we give the media the perfect vehicle to put

this dialogue out there. We all drive on the same

roads and the focus should be on changing the system.

His foul, disgusting defense attorneys have

lied about how remorseful this murderer is. we know

he isn't sorry because he tried to have his blood

thrown out. He tried to beat the DNA test. He

allowed a strategy based blatantly on false distances

and speed. He showed not a scintilla of remorse

throughout the entire trial.

we know he isn't sorry from the letters he

wrote from prison. we know from the court officers

who took him to and from the courtroom. we know from

the correction officers who take him to the law

library where he researches his appeal. He never

grieves. He is not sad. He never mentions us. He

is only concerned with himself. The remorse would

not make him less guilty, but it would make him

human.

I request that he receive the maximum

sentence available. He drove such an incredible long

distance the wrong way. It's the entire length of


56

People v. Heidgen

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

our boardwalk. To go that far and pass all those

people and never break or turn when on his side of

the road before the overpass are wide areas of grass

on both sides. He aimed his truck right at us and

plowed into us at a crushingly high speed.

He stole her life. He ended ours. I

request that he be sentenced to 25 years to life. It

is not out of revenge. I take no pleasure in knowing

he'll be serving that length of time. I will not be

soliciting convicts to have him beaten weekly.

I almost never think of him because he's in

jail, and that is the way it's supposed to be. He

should serve 25 years to life because it is the

correct punishment for the crimes committed. Life is

worth that, Kate's life, Stanley Rabinowitz' life and

our lives.

Thank you for taking the time to read the

binder. I hope it was considered, and thank you for

fairness throughout the trial and the opportunity to

be heard here today.


MS. MCCORMICK: Your Honor, Neil Flynn.

THE COURT: Mr. Flynn, as you know, I read

the letter you sent me personally. would you prefer

to sit down for this?


_ 25

11

15

19

10

12

13

14

16

17

18

20

24

21

22

23

4

1

2

9

3

6

8

5

57

People v. Heidgen

MR. N. FLYNN: No, your Honor.

Good morning, your Honor, M. Hayden, miss

McCormick.

There are two tangential but important

issues I am going to deal with before the bulk of my

remarks.

The first is the reprehensible behavior of

the defense attorneys who were under the direction

and control of this defendant. while you may have

convinced yourselves that you were engaged in

ethical, even laudatory efforts to defend the rights

of this filthy child killer against the over charge

of murder, your dishonest, unethical behavior

throughout the proceedings belies that contention.

From the very outset it was clear that the

truth would have no influence on your presentation,

thus undermining whatever tenuous claim you might

have otherwise made to acting honorably in a

distasteful cause.

when, at the suppression hearing, you

produced that unethical quack to bolster your

unsupported allegations of police and prosecutorial

impropriety, it was clear that you would stoop to any

level to free this filthy killer from justice.

without any facts to support your


1

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

58

People v. Heidgen

contentions, you recklessly slandered the police and

the prosecution inventing wild claims of evidence

tampering, conspiracy and perjury. Your willingness

to slander hard working, honest people to protect the

interest of a filthy child killer remain consistent

throughout the trial and continues to date.

You lied repeatedly to the jury, to the

Court and to the public regarding the provenance of

the blood sample. Incredibly, you repeated these

lies even after that filthy killer drank another

criminal's juices in a desperate attempt to escape

justice.

Even after it was clear to everyone that he

knew the blood was his and that its contents were

damning, you were perfectly willing to take advantage

of the jury's ignorance and lie to their faces. Your

glib willingness to lie over and over again on behalf

of a filthy child killer was, unbelievably enough,

not the most disgusting aspect of your performance.

It wasn't even your habit of patting him on

the back or rubbing his shoulders in a feigned effort

to revive his spirits despite his absolute lack of

remorse or emotional response for the horrors he had

reaped, no, the absolute low point was, when

questioning the medical examiner about my daughter's


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

59

People v. Heidgen

death, you actually stood not 20 feet away from my

wife and 1 and blamed us for killing our daughter by

failing to put a seat belt on her, when you knew we

had and that your client used that very seat belt to

cut her head off. I knew by then that you were

unethical liars, but I did not know what absolute low

lives you really were until you blamed me for killing

my own daughter.

You continue -- you can continue to lie to

anyone stupid enough to listen and pretend you were

simply taking on an unpleasant but necessary task in

defending this filthy child killer, but everyone who

saw you lie day in an,d day out, and everyone who saw

you blame us for our daughter's death, knows that

there is no puss filled sink hole that you wouldn't

swim in in order to garner the publicity and thereby

the money that a successful defense would bring you.

say what you want, but you and I both know that you

are just whores.

As for you, you greasy little boot ticker,

everything I just said holds true for you as well.

You should feel obliged to tell every potential

client you were sick day they taught

cross-examination at law school. You are not an

accident reconstruction expert, are you (gesturing)?


24

25

22

23

18

19

20

21

16

17

14

15

10

11

12

13

4

8

9

7

2

6

3

60

People v. Heidgen

As for you, you filthy child killer, you are

utterly beneath me, my wife and my daughter's

memories, so I won't waste much time on you. I just

want you to know two things.

understand, you and I aren't through, not by

a damn sight. So you better make the most of your

time in prison because that's as good as it gets for

you from here on out.

second, nobody in this room gives a damn if

you are sorry, most of all because it doesn't matter.

Neither my family nor I would care even if you were

truly repentant. what you did can never be overcome.

But the fact is, you aren't the least. bit

sorry. Everyone who has paid any attention can tell

that you couldn't care less that you cut my little

girl's head off and forced my wife to hold her

lifeless daughter in her arms for hours.

So whatever empty claims of apology you plan

to make will fall on deaf ears. But, if you do

bother to beg for mercy, be advised, do not mention

my daughter or my family. I will not allow you to

use us in your filthy charade.

Your Honor, in that regard, I urge you to

disregard anything he might say out of hand, not

allow him to make a further mockery of these


4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

61

People v. Heidgen

proceedings. He has done contortions to deceive this

Court without regard to the institution of justice or

the truth. Do not countenance his request for mercy

because he is unworthy, and do not believe his false

pleas of apology or sorrow.

In addition to this statement, I have

submitted a letter to Judge Honorof because I do not

intend to reveal the true depths of my family's

suffering in open court. I have made this decision,

not because I am embarrassed or ashamed, but simply

because I do not wish to give the defendant the

satisfaction of hearing the full extent of the pain

he has caused us.

I believe he would revel in hearing of our

true suffering because he is an immoral sociopath. I

believe this because, as the videotape clearly shows,

he intentionally rammed our limousine and because he

clearly believes himself to be the aggrieved party in

these proceedings.

His disregard for the lives of innocent

strangers was manifested in his behavior on that

night, and his disregard for the rules of decent

society have been manifest every day since.

From the outset it was clear that this was

not a DWI involving homicide. It was a multiple


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

62

People v. Heidgen

murder committed by a depraved killer who happened to

be drunk. when you look at the evidence, this

conclusion is inescapable.

From his concern only for his truck to his,

by his own admission, hideously contrived, calculated

statement to Investigators Harris and Baez, to his

self-absorbed correspondence to his friends, to his

constant complaints to his jailers and fellow

criminals, to his attempt to beat the DNA test, to

his absolute lack of emotional response to the most

compelling testimony regarding his crimes, all of

this clearly points to an evil, narcissistic

personality, not simply someone who had too much to

drink and made bad decisions.

Whether you accept this premise is

immaterial since intent is not an issue, and, in the

event the results of his actions were so devastating

to so many people, he must receive the maximum

punishment available. Anything less would be an

affront to the memories of Katie and Stanley and to

our families as well as a rebuke to society in

general which has finally awoken to the horrors of

drunken driving.

unfortunately the court is constrained by

the vagaries of our law and the extremely lax


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

63

People v. Heidgen

sentencing statutes in place in New York. The

defendant benefits from the fact that he killed two

people and physically crippled three others by virtue

of a single act.

Had he done these things separately,

concurrent sentences would be available exposing him

to much more time behind bars. Instead, his multiple

crimes are counted as a single act with a single

sentence while his multiple victims suffer multiple

agonies.

This paradox is even worse when viewed in

light of the fact that New York allows for a sentence

of as little as fifteen years for murder, in this

case multiple murder. This is offensive and wrong.

The lenient nature of New York's sentencing

law stems from an overindulgence of criminals

exemplified by the emphasis placed on the idea of

rehabilitation. unfortunately we now know after many

decades of leniency that rehabilitation does not

work.

one must only review the recidivism rates in

general or examine the number of murder victims whose

killers were on parole to reached this conclusion.

However, even if one subscribes to the hope of

rehabilitation, it should not trump the true


2

1

7

8

9

10

11

12

13

14

15

16

17

18

19

.20

21

22

23

24

25

64

People v. Heidgen

underpinnings of the penal system, deterrence and,

most importantly, retribution.

The widespread media attention paid to this

case provides a significant opportunity to deter

potential drunk drivers through the imposition of the

harshest sentence available. For too long drunk

driving was treated as a minor infraction carrying

the risk of just a fine or possibly a license

suspension. This is, in large part, why it is still

rampant.

By imposing the maximum available sentence,

this court can convey the message that society will

no longer treat drunk driving with a wink and a nod

and a slap on the wrist. The case for a strong

message on the issue of deterrence is clear.

However, more important for my purposes is the issues

of retribution.

For too long retribution has been disparaged

as revenge by those who coddle criminals. It is

seldom mentioned when, in fact, it is the most basic

and most important of the three tenants of the penal

system.

Deterrence is a wonderful side effect, but

it does not address the crimes at issues which is

what the sentence is actually supposed to do.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

65

People v. Heidgen

Neither does rehabilitation address the actual crimes

for which the criminal is being punished. worse, it

elevates the interests of the criminal above those of

society in general.

In this case, of course, rehabilitation

should not even be considered. If we believe the

defendant, he is simply a victim of circumstance with

nothing to rehabilitate. Alternatively, we must

recognize that his absolute lack of remorse, his

consistent dishonesty and attempts to thwart justice

during the trial, the pre-trial hearing and into the

post-trial motions, render him a noncandidate for

rehabilitation.

Deterrence and rehabilitation should be

considered desirable byproducts of a prison sentence,

but its true purpose should be retribution for what

the criminal has done to his victims. In that

regard, I will now attempt, futilely, I assure you,

to convey some small sense of the horror and

devastation the defendant has wreaked on me and my

family.

when my wife advised me that it was time to

start a family, I was very sceptical. I was not

particularly fond of children, had very little

experience with them and enjoyed my life just the way


1

2

3

4

5

6,

7

8

9

10

11

12

13

18

19

20

21

22

23

24

25

66

People v. Heidgen

it was. I now know how foolish this outlook was as I

have learned that fatherhood is the greatest endeavor

a man can undertake. My children are the focus of my

existence. They justify my life. Without them, I

would be nothing. Katie taught me all of this.

when I met her for the first time in the

delivery room, it was as if someone flicked a light

switch. My doubts and fears disappeared and I

instantly fell in love with her. As she grew, my

wife and I came to realize that being parents was the

most satisfying thing to which we could ever aspire.

Katherine taught us what it really meant to

be a family, to be in love, with her and each other.

She opened my eyes as to what my life should really

be about. She helped elevate my love for my wife to

a level I didn't know existed. Sharing Katie brought

us together and strengthened our marriage in a manner

I cannot describe.

From the beginning, we knew Kate was a

special child. our older relatives advised us not to.

get used to that type of behavior from our children

because you only get one like that. Now, as the

father of four, I realize how true this was.

unlike other children, Kate woke up smiling,

not crying, each morning. She would wait patiently


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

22

23

24

25

67

People v. Heidgen

in her crib until her mother or I would peek around

the door jamb, and when she saw us, her face would

light up like the sun. At the age of six months, she

earned the first of many nicknames, smiling Kate.

You can see from the pictures that that nickname was

apt.

Kate's incredible effect on us quickly

convinced yen and I to have more children. As our

family moved from three to six in just five years,

life just kept getting better, and Kate shined as

both a daughter and a sister.

She was a quintessential big sister. She

doted on her younger siblings and always included

them in her games, even when she had friends over.

she was Grace's best friend and loving guardian to

Eamon and Colm. She loved to her help her mother in

the kitchen, and my father-in-law once remarked that

she was more mechanically inclined than yen and I put

together.

I often say that while my wife and I are the

foundation of our family, Kate is the cornerstone,

the first and most important building block placed,

without which there would be no more. Her absence

has crippled our family as severely as you can

imagine.


2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20.

21

22

23

24

25

68

People v. Heidgen

Every aspect of my life is defined by grief

and anxiety over Katherine's death. The first

sensory input I received upon regaining consciousness

that night was the sound of my wife screaming, Neil,

Katie's dead, Katie's dead. of course, I didn't want

to believe. I told yen, No, she can't be, she is

just hurt real bad, she'll be okay, I'll get help.

of course, I didn't know my wife was holding my

daughter's head in her hands when she yelled to me.

Ten knew Kate would never be okay, and

despite my words, so did I. I simply didn't want to

accept it.

Throughout that night, I begged the

emergency workers and medical personnel to let me

die. Today the only thing that keeps from me suicide

is the responsibility of raising my other children.

If Katie were an only child, I would have taken my

own life a long time ago.

while my physical injuries are the least of

my worries, they are objectively significant, and I

will take a moment to describe them so you understand

the context in which I suffer Katherine's loss.

The defendant broke my back in two places,

he ruptured two of my spinal discs. He broke my nose

and'three of my ribs. He collapsed one of my lungs,


69

People v. Heidgen

25

23

24

17

18

15

16

12

13

14

11

10

9

4

7

8

6

1

2

3

5

damaged my heart, liver and bladder.

I spent a month in three different

hospitals. I was separated from my wife for a week

immediately after our daughter was killed. I had to

be released from the hospital on a day pass to attend

her wake and funeral in a wheel chair and gave her

eulogy in a back brace propped up on crutches.

I have undergone two surgical procedures and

will probably require future surgery because the

fracture has not properly healed. I attend physical

therapy two times a week for intense two-hour

sessions. I am deprived of my family's company

during this time, but it is necessary because,

without therapy, I am physically incapable of

working.

I am in constant pain which is exacerbated

by every physical movement, including breathing and

blinking. coughing and sneezing are agonizing. Islept in a recliner for five months after the crash

because I couldn't lie flat in bed.

I can no longer run, bend or twist. Myright leg gives out several times a month and I fall

down. I cannot play physically with my children.

sometimes they forget and jump on me. This makes me

cry out in pain, and, on many occasions, I have come


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

70

People v. Heidgen

close to striking them. This is unspeakably ugly to

me.

My wife has to shovel snow from our

sidewalk. I have to ask friends to put up our

Christmas tree or move pieces of furniture. I cannot

change a flat tire, climb a ladder or carry grocery

bags. I take 17 pills a day including

antidepressants, blood pressure medications, muscle

relaxers and painkillers.

The physical limitations briefly described

here are, as I said, the least of my worries. They

pale in comparison to the emotional and mental

torment I suffer every day because of what this

filthy child killer did to us.

From my first waking moment, my thoughts are

dominated by sadness, grief and anxiety. At least

three times a day I am overwhelmed by grief and break

down in tears despite the fact that I take two

powerful antidepressants. I frequently cry in front

of my children. This is extremely painful to me and

damaging to them.

My children suffer along with Jen and I.

Grace told us that she wished we had all died that

night. She has slept in our bed every night since

coming home from the hospital. she can't be alone in


71

People v. Heidgen

23

24

25

20

21

22

17

18

19

15

16

12

13

14

8

9

10

11

3

4

5

6

7

1

2

a room for more than a few seconds without being

overcome by fear. she attends therapy, but it does

not help. she has told us that her therapists don't

know what they are doing and therapy does nothing.

Grace is six.

I also attended therapy for over a year. It

meant more time away from my family, but I hoped it

would ease my pain. It did not, and I abandoned it.

I have no hope of life without grief. I do not look

forward to the future except to the extent it brings

me closer to the release of death.

My son Eamon lives in fear of the defendant

who he refers to as the bad man who killed Katie. He

too sleeps in our bed every night because his room is

closest to the landing and he's afraid the bad man

will get him first when he comes up the stairs. I

tell him that I will protect him, but we both know

that I didn't protect Katie. so my words are empty.

He cries over the loss of his sister every day.

My son colm is to young to comprehend these

events. His suffering consists of being deprived of

the love and compassion of his big sister, watching

his parents and siblings suffer from being deprived

of their full support and nurturing care. I expect

that in time his memory of Katie will fade to


72

People v Heidgen

1

2

3

4

6

7

8

9

. 10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

shadows. This saddens me.

when I wake, I silently wish Kate good

morning. I do not believe she can hear me but I hope

so. I rise slowly because of the pain in my back. Ilimp to the bathroom and swallow the first of eight

painkillers and six muscle relaxers I will take each

day.

I perform my ablutions through a veil of

tears, wracked with sobs. I dress and descend the

stairs, stopping on the landing to kiss the cold

glass covering Kate's picture saying I love you Katie

as I do so. I sullenly kiss my wife and three of my

children good-bye.

I drive to work alone frequently crying or

screaming with rage. When I see a clear blue sky, Ispeak to Katie again, not believing, only hoping she

hears me. I struggle through my workday consumed and

distracted by my grief and pain. I have no

confidence in my ability to continue to provide for

my family and this makes my anxiety worse.

when i return home from work, I take my

dinner alone in my room. I cannot stand to sit at

the table with Kate's empty chair. Each night, Imake some excuse for my other three children as to

why I cannot eat with them, but they know I'm lying.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

73

People v. Heidgen

I do not know how my wife does it, beyond my

general knowledge that she is the strongest woman Iever met. I fear someday it will prove to much for

her. It pains me to see this once vibrant woman

crushed under the weight of her suffering. she alone

knows how much I miss Kate. Although we console each

other as best we can, I cannot stop her pain.

we hug, but rarely kiss. our embraces are

not passionate, only conciliatory. Our conversations

are brief and usually marked by tears.

By eight o'clock, I'm exhausted and bent

over with pain. I take a heavy dose of medication so

I can get a few hours of uninterrupted sleep.

I no longer pray with my three other

children. I have no faith. I tell them that we must

wish Kate good night and sweet dreams and that

someday we will be reunited with her. I do not

believe this but I hope it is true. My hope is

desperate because I believe it is futile.

As I drift into fitful, drug induced sleep,

I try to talk silently to Katie to tell her about her

brothers and sister, but I feel awkward and foolish

because I don't know if she can hear me.

This is especially painful because when Kate

was here with me things were never awkward. we could


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

74

People v. Heidgen

sit in silence holding hands and watching TV or laugh

and sing uproariously and unselfconsciously. Now I

am reduced to stumbling, halting words in my head and

find myself repeating I miss you over and over again.

I feel guilty for burdening her with my grief.

My sleep is punctuated by nightmares and I

wake often. I rarely dream of Katie alive. I have

done so only three times since her death. Although

waking from these dreams is incredibly painful, Iwish I had them more often. I wake after three or

four hours and stare aimlessly at the pointless

television. I drift back to sleep in the early

morning for a few more fitful hours before starting

the cycle again.

I do not know joy. I have no hope for a

better future here on earth. I hope but do not

believe I will see my daughter again. Iam wracked

with guilt for denying my other three children the

father they deserve but I cannot overcome my sadness.

My life is desolate:

MS. MCCORMICK: That concludes the victim

impact statements.

THE COURT: May I see counsel at the bench,

please?

(whereupon, an off-the-record conversation


75

People v. Heidgen

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

*22

23

24

25

took place at the bench.)

THE COURT: I think, at this time, ladies

and gentlemen, we are going to break the proceedings

until a quarter to two. See you then.

(whereupon, a luncheon recess was taken.)

A F T E R N O O N S E S S I O N

THE CLERK: On the record please,

Indictment 1910-05, the People against martin

Heidgen. Case on for sentencing.

MR. LAMAGNA: Defendant ready.

THE COURT: Mr. Martello, Mr. Lamagna, would

one you of like to address me?

MR. LAMAGNA: Judge, before Mr. Martello and

I make our statement to the Court, we would ask the

Court's indulgence to have various . family members of

the Heidgen family address this Court.

THE COURT: Yes, of course.

MR. LAMAGNA:' We would ask first for victor

Aponte.

MR. APONTE: Good afternoon, your Honor.

THE COURT: Good afternoon, Mr. Aponte.

MR. APONTE: My name is victor Aponte. I am

Marty's stepfather. I met Marty in 2004 when he

moved to New York. I was dating his mother at the

time. I asked Marty for his mother's hand in


76

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

marriage.

I was so impressed with Marty's southern

politeness and his maturity for his young age. Marty

showed so much enthusiasm towards his job. Every day

he came home talking about his plans for the future

and job opportunities in New York.

He showed me -- he told me that getting on

the train every morning with everyone headed to work

was like getting a burst of energy. He loved being

part of the working force. His dedication and

perseverance was admirable for a young man of his

age.

Marty always was so willing to help his

mother and me in any task that we asked. on Sundays

we would watch football games and discuss the plays.

He enjoyed cooking for us on weekends. It amazed me

to see his culinary abilities. Marty is very family

oriented and enjoys good conversation over a well

prepared meal.

For people to say that Marty and . i were

having problems over my marriage with his mother is

nothing but a lie.

I was very impressed with his love and

respect for his mother. Many times Marty told me

that he was -- he told me that he was working hard


77

People v. Heidgen

19

20

21

22

23

24

25

16

17

18

12

13

14

15

9

10

11

3

4

7

8

5

6

1

2

and looking forward to a good future so he could take

care of his mother. He said that he would never

consider putting her in a retirement home.

what I saw in Marty was a happy, young man

who was looking forward to his future and fascinated

with the challenges in life. Marty's ability to

relate to young children helped establish a great

relationship with my grandson Andrew who was always

asking when he would see Marty again to play.

Marty is a very kind-hearted person who

under no circumstances would purposely hurt anyone.

His hundreds of hours of charitable work is proof of

the kind of person that Marty is. He did volunteer

work for the Dorkus House of battered women. This

place provides support and a home for women who have

nowhere to go after being beaten by their husbands or

boyfriends.

He helped the Leap Frog program in oxford,

Mississippi. This charity helps underprivileged kids

and provides mentorship for them; Marty also coached

a soccer team for children, seven and eight-year

olds, at the YMCA. He co-directed soccer camps for

kids ages five through twelve at the Little Rock

Athletic Club. He designed T-shirts for the 5K run

with proceeds benefiting st. Judes Cancer Research


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

78

People v. Heidgen

Hospital in Memphis.

This, your Honor, is the life of someone who

would never, never set out to intentionally hurt

anyone.

The day of duly 2nd, 2005, Marty made the

mistake of drinking and driving after a 4th of July

party. This caused a tragic accident which resulted

in the loss of the lives of Katie Flynn and Stanley

Rabinowitz. Marty will always have to live with this

guilt on his conscience.

I know Marty made a mistake for which he

wants to take responsibility but to punish him for a

long sentence would not be fair and just.

Marty got lost because he barely drove on

Long Island. He worked in the city and took the

train. He had very little experience driving on the

Island.

Your Honor, this is a young man who has lead

a life of service to others. At the age of 24, Marty

had given more to society than most people do in a

lifetime.

22

23

24

25

His character is immutable. It doesn't

change because of one mistake. I am not talking

about someone would has a pattern of hurting people.

on the contrary, he is always ready to help those in


79

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

need.

Please, your Honor, give him an opportunity

to redeem himself. Justice is about fairness. what

good would it be for society and for Marty to spend

many years in prison?

I beg of you, your Honor, take all this into

consideration and make a decision as a parent and as

a judge that is fair for everyone. Please; your

Honor, Marty is my wife's only child. Please, be

lenient. Thank you.


MR. LAMAGNA: Your Honor, we would ask that

Kurt Heidgen address the court.

THE COURT: Yes.

MR. K. HEIDGEN: Your Honor, I'm Marty

Heidgen's father. I think I know him as well as

anybody and probably better than anybody. we have a

close relationship.

it really is painful to hear the prosecutor

categorize him the way she has but there's not really

any basis as far as--- you know, the case is bad

enough, tragic enough, and I can only imagine the

agonies the Rabinowitzes and Flynns have gone

through. I mean, I can't imagine. It's beyond

comprehension. But to say that he would deliberately


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

80

People v. Heidgen

do anything like this, it breaks my heart, because

he's a good person and it's the furthest thing from

the truth.

It was a tragic accident. The end results

are the same as so many accidents. Again, you know,

he's devastated. It's been 20 months since the

accident on July the 2nd. we have all suffered a

lot. Maybe in comparison to the other families,

maybe it's not much. I don't know how it can be any

worse because he's an only son, an only child. They

have had the burden of seeing him two or three times

a week and it's tuff. It's really tuff. It's tuff

for all of us.

I don't live here. I'm an over-the-road

truck driver, so I'm, you know, in forty-eight states

and I try to get back here as often as I can. As a

truck driver, I see drinking and driving and

accidents all the time. It's tragic. There's no

easy answer to the problem and I don't have an

-answer.

I.-think that, you know, just putting

somebody in prison for a long time is not necessarily

a positive thing because it didn't seem like I heard

anything this morning about, you know, what positive

could come out of this, except that maybe this tragic


1

2

3

4

5

6

7

9

10

11

12

13

14

15

16

17,

18

19

20

21

22

23

24

25

81

People v. Heidgen

accident, there will be more thought put into warning

young people particularly about the dangers of

drinking and driving.

That's something Marty would be very good

at. He relates very well to young people and he's

devastated. As you will hear when his achievements

are run through, the work with the center, the young

kids, he really likes the young kids'. He has coached

them.

so little Katie's death was -- you know

again, for a week he couldn't talk. we couldn't

speak to him because he was totally devastated by

what he had done. Maybe some of his sorrow was for

himself. I don't know. But it seemed it was the

tragedy he caused more than anything else. I don't

know what the results were.

I think Margo is going to tell you about

some of his achievements. I could start listing them

but, to me -- he graduated in 2003 from the

university of Mississippi with a degree in history

and also in Spanish. He went out and was successful

working.

He had many friends from all walks here. Iwas most proud that he went through a private school

system, a catholic school system, and he was a good


23

24

25

19

20

21

22

14

15

16

17

18

13

10

11

12

4

8

9

6

7

2

3

5

82

People V. Heidgen

student. He went through with a lot of privileged

kids in a private school. But, in the full spectrum,

mostly more affluent kids, and he related to those

kids real well. But he went outside that school and

related to kids in public schools. He related to

blacks, Hispanics, all kinds of people.

I think that was evident in the way he was

liked by his peers. He was captain of the soccer

team, captain of the rifle team. They liked him and

respected him.

so I am proud of him for his character, the

way he was able to reach other people and didn't have

any preconceptions about anybody and got along with

everybody. They liked him and we loved him for that

aspect.

so, you know, what's happened is just --

most of these DUI cases are a good person did a bad

thing. You know, again, it's devastating. words can

can't, you know, solve the problem. we would just

like to reach out somehow to the people. They are

not here right now, but, obviously they are extremely

angry and, you know, it's just a tragic thing.

I ask you to take these things into

consideration about martin Heidgen and try to find it

in your heart to see that there's goodness in his


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18,

19

20

21

22

23

24

25

83

People v. Heidgen

heart and that he would someday be a real positive

influence as far as relating his personal tragedy to

others. If he could just save one life, it would be

well worthwhile.

If he has the opportunity at sometime in the

future to do that, knowing him like I do, I know

that's what he would do. He'll be a great citizen

and is a great citizen, but he would be a real

positive influence on many people. Thank you, your

Honor.


MR. LAMAGNA: Margo Aponte.

MRS. APONTE: Good afternoon, your Honor.

THE COURT: Good afternoon.

MRS. APONTE: Good afternoon, everybody.

I am Marty's mother. I want to take this

opportunity to tell the Flynn family and the

Rabinowitz family how truly and deeply sorry I feel

for the pain and suffering my son, Marty, has caused

in your lives. You are and always will be in my

prayers.

This is a tragedy that has affected so many

lives. I have also experienced pain because of

what's happening to my son, my only child.

I know you and your family understand how


1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

84

People v. Heidgen

this accident, this disaster, has turned everyone's

life into a nightmare. My son made a horrible

mistake. He understands he has to take full

responsibility for what he did.

I know my son. I raised him to be

sensitive, kind-hearted person. In the 21 years

prior to the accident, Marty has been a faithful

servant to God, to his family and to those in need.

There's only a small number of young adults

with a service record like Marty's. Your Honor, you

have over a hundred letters written to you from all

over the country that speak about Marty and his

character.

All the letters, in different words, all say

what kind of person my son is, responsible with a

strong work ethic, an exemplary citizen, optimistic,

athletic and always involved in sports, a good friend

who has always and will always give whatever he has

to his friends.

He was elected captain of his high school

soccer team by his peers, not only because he was one

of the best team players, but also because they

believed he was the fairest leader. During his high

school years, he joined the ROTC where, again, he was

elected by his peers to be the captain of the rifle


85

1

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

team.

Marty always stayed very active. He did

hundreds of hours of community service, always

helping those less fortunate, coaching unprivileged

children and providing mentorship for them in the

Leap Frog program in oxford, Mississippi. He also

volunteered to coach a soccer team for children ages

seven and eight at the YMCA.

My son, your Honor, would come home talking.

He was so proud of having an opportunity to help

children with difficulties in sports. He would say,

Mom, that is why I like soccer, because anyone can

play, tall people, short people, It doesn't matter a

person's size, It's about skills, mom, and I can help

these children develop them and feel good about

themselves. This., your Honor, is how my son feels.

Marty also helped organize fundraising

activities to help the Dorkus House and battered

women. He helped sell and deliver poinsettias during

Christmas to raise money for these abused women.

This is my son. which young man at the age of 16

would spend his free time helping battered women? My

son did.

During this time, he also worked at the

athletic club in Little Rock where he headed the Down


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

86

People v. Heidgen

under Program. This is for children ages four

through seven. I remember so many parents would stop

and tell me how much the children loved Marty and how

appreciative the parents were of his love and

dedication to the little ones.

Marty continued his volunteer work in

college. He volunteered his time in organizations

such as st. Jude's Cancer Research Hospital where he

organized and participated in different charitable

fundraising activities.

In the Pi Kappa Alpha fraternity, he

volunteered to be a chaplain and also the

philanthropy chairman. My son never forgot his

responsibilities to others, your Honor.

As parents, Marty's father and I taught him

love, compassion and religious principles. He went

to catholic schools, and, with so much pride, we saw

our Marty develop into a caring, optimistic and

responsible human being. This, your Honor, is my

son.

Measure the man by his actions. Look at his

life. Put the incident in perspective. I implore

you, while in the quiet of your chambers, to consider

my son and judge his actions in the context of his

entire life.


1

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

87

People v. Heidgen

I know Marty is deeply remorseful for the

pain he has caused the Rabinowitz and the Flynn

family. My son has.to live with his conscience the

rest of his life. He is in utter shock as to how his

life has changed. He is living in pain and remorse.

Every time I visit him, he tells me his faith in God

is helping him get through this.

All of our lives have been changed since

that tragic morning of July 2nd, 2005. It was clear

that my son was lost, not knowing where he was going

on an unlit parkway. He was unfamiliar with the

roads in New York. He only had lived here a few

months. He worked in the city where he took the

train. He was going to meet friends. He called them

several times to get directions. He called them

again when he was lost.

My son made the terrible mistake to drive

under the influence of alcohol which resulted in this

horrible accident. For that, he takes full

responsibility.

Is it fair to charge him with murder?

Absolutely not. At least twelve other alcohol

related accidents have happened on Long Island since

Marty's and no one has been charged with murder.

we just saw how Karen Fisher, with a


25

22

23

24

17

18

19

20

21

15

16

13

14

11

12

10

4

9

6

7

8

2

3

5

88

People v. Heidgen

previous record, with a suspended driver's license,

who has driven while intoxicated with children in the

car, killed Garden city priest monsignor William

Costello and left the scene of the accident, has been

charged with manslaughter. Just this month, they

negotiated a plea bargain.

Then there's Young Cho, a drunken driver

with a vehicular assault conviction, who killed a

father and is charged with manslaughter.

In July of 2005, a former firefighter killed

a teenager and received thirty-two days behind bars

and then, in January of 2007, Danielle Baymack is

charged with second degree manslaughter for the death

of fellow officer while driving drunk. The list goes

on and on, your Honor.

In each of these cases, the accused received

manslaughter. My son is the only one charged with

murder. Did he have a prior record? No. But he

alone was singled out.

Your Honor, where is the justice here?

Marty ' s case is also a DWI case. It is not a murder

case. Please, your Honor, don't single him out and

place him in a class by himself. He's guilty of

driving drunk which resulted in the death of two

people but no more than those peoples I have listed.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

89

People V. Heidgen

The tragic circumstances of all the media

attention pushed this to be a murder case but it is

not.

what I ask you today, your Honor, is to

provide all the families involved justice. Look at

Marty's life and how my son has contributed to

society. Judge his actions in context. Look at his

life. was his life reckless? No, it was not. He

was a caring individual who helped others all the

time and just made a horrible mistake. He's prepared

to pay for that.

Please, your Honor, for the sake of what is

just, temper your decision taking all that I have

said into consideration. Please, give my son an

opportunity to redeem himself. Thank you.

MR. LAMAGNA: Your Honor, Father Thomas.

FATHER THOMAS: Good afternoon, your Honor.

THE COURT: Good afternoon.

FATHER THOMAS: Thank you for the permission

to address you today and all those who are present.

Before I offer my prepared remarks, I think

I would be very remiss not to recognize the

extraordinary accounts that we heard this morning of

the pain and suffering from this accident. It was

truly extraordinary, and as I will indicate later in


9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

3

4

2

5

6

7

90

People v. Heidgen

my prepared remarks, as I have prayed for all of you

these past months, I promise you, to the Rabinowitz

and Flynn families, to continue praying, most likely,

for all my life as a priest.

I come here for two reasons: To join with

the Marty's family to ask for mercy and leniency and,

also, to give voice with Marty. It is our faith

tradition, in the ]ewish-Christian tradition, to

never ever Abandon another human being for any

reason. I can only be true to myself, as a priest

who has grown to know and love this young man, to

never abandon him. So, as I promise to pray for

victims, I also promise never to abandon him.

Some may wonder why a priest would insert

himself in this room, in this tragedy, in this

caldron of pain and suffering. I present myself

today as a priest, a minister of faith who has been

very attentive to this case. But, most of all, I

present myself because I am a pastor and martin

Heidgen is my parishioner.

In the catholic tradition to which Martin

and I belong, as do many in this tragedy, I bear the

very sacred responsibility to minister to martin for

a spiritual and pastoral well being. Martin has

given me the privilege of offering that ministry,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

91

People v. Heidgen

and, I have come to know him very well. I say

without qualification, I know his heart, and I would

be less a man not to be here today and to meet my

responsibility as a pastor.

This entire tragedy has been filled with so

much pain and so much sorrow, so much sadness and

grief. This morning you heard broken hearts speak.

It is so evident that Katie Flynn was so

deeply and well loved as a daughter, sister and a

granddaughter, and Stanley Rabinowitz was so well

loved as a dad and a husband.

The broken heartedness we heard this

morning, I'm sure, saddened everyone in this room and

is almost indelibly described in our hearts and minds

and memories.

As I indicated earlier, I assure you, I come

here as a priest who was has prayed, not only in the

morning but also in the evening, for all of you, for

the Flynn and Rabinowitz families, for Katie and

Stanley, for martin and his family and for you,

Judge.

The pain of the Flynn and Rabinowitz

families is beyond what I have ever experienced and

what I can imagine. I am not a spouse. I am not a

parent. But, as a priest, repeatedly, I have shared


1

2

3

4

5

6

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

92

People v. Heidgen

in the pain of spouses and siblings. It is my

vocation.

My prayers these months have been for many

intentions but all my prayers have been governed by a

desire for healing, healing for all. Because I have

not experienced the profound sadness and loss of the

families of Katie and Stanley, I can only share my

empathy and continue to pray for your healing as I

have promised and for the healing of all others who

loved these two people.

I respect, I have reverence, I recognize the

holiness and sacredness of the Rabinowitz family, the

grief and sadness of the Rabinowitz family and the

Flynn family. As another human being and as a

priest, I share that role. It is the right thing for

all of us to do. It is what God calls us to do, to

reverence that grief that we heard.

At the same time, in my vocation as pastor,

I know too that martin has been very well loved by

his family, and though different from the pain of the

Flynn and Rabinowitz families, as his mom and dad and

stepdad just shared, martin's family . is also filled

with sadness over these past 20 months. I am here

because I have come to know their pain through my

ministry.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

93

People v Heidgen

I believe the court needs to know about

that. I know that martin accepts responsibility for

what happened in July of 2005, and I know he

struggles every day with that responsibility. He

feels it deeply in his heart and I know that with

certainty. I join with his mom and dad in

acknowledging his responsibility and join to that

this plea for leniency and mercy.

Concerning the accident and deaths of Katie

and Stanley, he was profoundly sad. He has shared

with me repeatedly on numerous occasions his feelings

and emotions about this tragedy. He has expressed to

me his deep since of remorse and repentance. we have

shared readings about this topic from scripture and

contemporary literature.

He feels deeply the responsibility he

shoulders for what has happened. The deaths and

injuries caused by his driving while intoxicated

causes him much sadness and sorrow. He too is

destroyed and broken hearted. His words and his

tears have made-this clear. He knows he is

responsible. At the same time, there was no

intention on his part to cause harm.

I am often called as a priest to minister to

people in grief and sorrow and remorse. I am often


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

94

People v. Heidgen

called to discern with people their intentions. I do

it often. I have no doubt about the depths of

Martin's sorrow and I have no doubt that he had any

intention to cause anyone harm in the early morning

hours of duly 2nd, 2005.

Some have questioned his expression of

remorse. we all know that some people express their

remorse and sorrow in very public ways. usually such

public expression is very sincere and heartfelt.

Occasionally its sincerity is in question.

some people, such as martin, express their

remorse or sorrow in more private ways. Maybe you

are one of those people and sometimes that is

questioned. But that someone expresses sorrow in a

more private manner in no way reflects necessarily a

lack of depth of sorrow. Again, I declare to you,

Martin feels both responsible and profoundly

remorseful for all that has transpired.

He has been convicted under the description

. of having exhibited depraved indifference to life.

All who new martin prior to this accident know that

he never demonstrated any kind of behavior indicative

of a depraved indifference to life. In fact, just

the opposite was true.

As his parents just said, he always


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21-

22

23

24

25

95

People v Heidgen

expressed a love for life, a love, kindness and

compassion for others, care, respect and reverence

for others. His personal history, academic, athletic

and socially, all indicate a love and respect for

life. He tells me with great delight how during high

school he worked with kids in summer camp and soccer

clinics. The administration of his high school in

Arkansas had nothing but positive things to say to me

about him.

At college, he brought his faith and

conviction to his fraternity and served as a

chaplain. In that role, he organized prayer services

and organized community projects. In addition, he

became involved in inter-faith projects and worked

with victims of abuse, as his mother just outlined.

in his immediate employment after college,

he used his bilingual skills to assist Spanish

speaking clients. Throughout his high school and

college years, he expressed a love for life and

respect for others, a true reverence for the gift of

what it means to be a human being, and all those

experiences taken together make even more profound

his sense of responsibility and guilt and remorse for

the deaths of Katie and Stanley.

It is no exaggeration, my friends, to say


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

96

People v. Heidgen

that martin has expressed and practiced an unusually

high level of faith for a young man in his twenties.

In the short time that martin was a parishioner in

valley stream, his presence was noted each Sunday at

mass because not too many single young men of his age

are regular church goers. Martin's quiet, but

regular, weekend attendance was noteworthy and always

observed.

His religious formation that his mother

spoke about and his religious practice that I have

noticed indicate that he knows well and feels very

humanly the experience of guilt and remorse, the need

for that very sacred experience necessary for every

human being, the need for repentance.

Even under the circumstances of these past

20 months, he has continued to express his faith. At

the weekly mass at the county jail, martin has

ministered both as sacristan and as lector. He has

assisted the priest there and set up for mass and he

proclaimed the Sacred readings to the other inmates.

He has outreached to the other inmates at

the jail using, again, his bilingual skills to teach

English. He has been most cooperative with the

policies and procedures of the jail.

This tragedy continues to be traumatic and


1

3

4

5

6

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

97

People v. Heidgen

it continues to be traumatic for martin. People in

trauma struggle every day, as we heard this morning,

to maintain their faith, to believe in God's love and

to find meaning and confidence in God's word. I have

been amazed at his ability to maintain his life of

spirit and soul this past year and a half.

I say -- I can say with no embarrassment, my

visits to him has enriched my humanity and my

priesthood.

I hear a man who is intelligent and

articulate about many topics from sports to politics

to religion. i see a young man who can still greet

me when he walks through the visitor's section of the

prison, still greet me with a smile. Yet, I know his

heart is heavy with sorrow.

He is a person who knows he is responsible

for a terrible tragedy that does require punishment.

But, at the same time, as is so often the case with

human experience, he yearns, desires, longs, hopes,

for another opportunity to live a life in which he

can make a positive contribution to the lives of

others.

So, for me, as a priest, as a human being,

as a man who has grown to know this young man so

well, the question is, how does justice allow for


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

98

People v. Heidgen

that opportunity. we have to be confident that

justice does that.

Today's sentencing of martin is the

concluding step in the legal process of this court

that has the sacred charge and awesome responsibility

to effect useful justice. In the Jewish-Christian

faith and tradition that so many in this room share,

justice is understood as one of the greatest virtues,

a virtue so awesome that the psalmist of the

Jewish-Christian tradition ultimately leaves the

fulfillment of justice to God.

still, as seen in the story of Moses and

through the proclamation of the prophets, God who

creates us in his own image and likeness, as Genesis

tell us, invites us to join with God in working out

justice. So justice is part of our faith tradition

we share as well part of our nation's ambition and

this court's ambition.

So true justice always transcends politics.

True justice, the People have the right to expect to

be consistent, fair minded and even handed. The

tradition of justice looks to prior example. True

justice does not set example to make a point. True

justice makes sure its consistent with law. So

justice always depends on wisdom and is often checked


99

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

by temperance.

So that brings me directly to the precise

question for the final step today: what is the

appropriate sentence for martin? certainly a just

sentence is one that respects the truth and surely it

has a healthy purpose.

Does an appropriate sentence serve the

purpose of retribution? Retribution usually leaves

the human person unsatisfied and still hurting. we

experienced that this morning.

Does an appropriate sentence serve the

purpose of deterrence? Sociological studies question

the deterrent value of harsh sentences.

Is the purpose of martin's sentence

rehabilitation? His past behavior, attitudes and

actions, as we have come to know them, do not

demonstrate the great need for rehabilitation. He

has no previous criminal record. His prison behavior

has been excellent.

So what is it that we hope for today, a very

difficult question. whatever sentence is given will

serve as a punishment for martin's responsibility for

the deaths that his driving while intoxicated caused

a year and a half ago.

The time he serves in prison will be a time


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

100

People v. Heidgen

that he continues to deal with what he has done. I

know him well enough, I know him better than anyone

in this courtroom, except for his family, and, with

that knowledge, I expect that martin will use the

time as best he can.

It is my hope that he will continue to share

his gifts and talents with other inmates as he has

already done here in Nassau County. It is my prayer

that he will be able to maintain his interior

strength that has allowed him to be a man of such

strong spirit and soul.

As his pastor, it is my responsibility to

continue to assist him in that regard and I assure .

the court I will continue to take that responsibility

seriously.

His family requests leniency and mercy. Ijoin in making that request. I believe the maximum

sentence of 25 years to life will only serve the

purpose of retribution. A sentence of lesser

duration will encourage and allow this man to

continue to understand his responsibility, to do

whatever he can to be a positive influence in the

very difficult prison system and to look forward to

returning as a productive member of our society.

we who know martin best know that he is not


101

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21,

22

23

24

25

a person with a depraved indifference for life and we

believe he had no intent to hurt anyone on that

tragic morning. we also give witness that when he

returns from prison, whenever that will be, he will

not be a danger to society.

Along with his family, your Honor, I ask you

to offer him leniency and mercy as you assign his

sentence and I thank you for your time.

THE COURT: Thank you, Father.

MR. LAMAGNA: If I may?

THE COURT: Yes.

MR. LAMAGNA: Your Honor, this is the

culmination of probably one of the most difficult

matters, I think, any of us will probably see. The

pain and suffering, the sorrow that has been

exhibited in this case. This case truly was about a

tragedy of immeasurable proportions.

unfortunately we cannot change what has

happened and we can not undo what has been done. Icome before this court, not only as an advocate and

as an attorney representing a client, but I also come

to this Court as a person, as a father, as a son with

deep sorrow and grief stricken for the pain that we

all were influenced by during the course of this

trial. In fact, I speak for everybody who has been


13

24

25

19

20

21

22

23

16

17

18

14

15

10

11

12

9

4

8

2

6

7

1

3

102

People v. Heidgen

associated with this case that we will forever feel

the palpable pain that was exhibited in this

courtroom.

Now, I believe it was Mrs. Tangney who said

that they are the victims here. They certainly are

the victims, the Flynn family, the Rabinowitz family

and the Tangney family. They are the victims. They

always have been. There has never been any dispute

concerning that.

They did everything right that night. They

did take the limousine to avoid -- to be safe. Iagree with that. we all agree with that. That's

what makes what happened that night so tragic.

But I'm also grief stricken from hearing

everything that was said today, for, also, the loss

of a promising young man, a 23 year old, that we see

before this court charged and now convicted of murder

for a moment in time that, if he could take it back,

he certainly would. I think miss McCormick said,

that moment in time that caused such tragedy, Icouldn't agree more.

There are times in life where a moment

becomes a defining moment in a person's life but that

moment doesn't define who that person is or how they

had lived their life.


103

People v. Heidgen

17

18

19

9

10

11

12

13

14

15

16

20

21

22

23

24

25

1

2

3

4

5

6

7

8

Certainly July 2nd, 2005, was the defining

moment in many people's lives that appeared in this

courtroom and it was a defining moment in Marty's

life. But, again, that moment does not define who

stands before you to be sentenced today. It doesn't

define the manner in which he lived his life prior to

that dreadful, tragic night and it is one of the

issues that I ask this court to consider when meteing

out a sentence. It is not only the crime itself, the

conduct, the impact on the victims, but also who

stands before you to be sentenced.

Now, we heard many things concerning who

Martin Heidgen is. Many of the things and many of

the statements made by many of the people were from

people who never met Mr. Heidgen, never spoke to

Marty, never associated with Marty.

The truth -- the truth is there is an

objective truth, empirical truth, and then there's

truth that people want to believe is the truth

because they need to believe that that is the truth.

Many of the things that were said about

Martin today and throughout the last 20 months were

from people who never even spoke to Marty, never knew

his background, but it was a truth that they believed

to be the truth because they needed it to be that


1

2

3

4

5

6

7

8

9

14

15

16

17

18

19

20

21

22

23

24

25

104

People v. Heidgen

truth because of the monumental tragedy that occurred

here. But what was said is empirically and

objectively not the truth about the young man who

stands before you.

Now, your Honor, I had submitted about a

hundred -- a little more than a hundred letters to

you that I know you have read. Those are from people

who know Marty their entire lives. These are from

people who Marty has influenced positively for the 23

years that he has been either in Arkansas or in New

York.

Prior to July 2nd, 2005, by reading these

letters and from all accounts, whether it's through

the letters or through probation, Marty lived a

caring, wonderful, selfless life, an honorable life

that brought him to this defining moment, a life any

parent would have been proud of.

we have heard through Marty's mom how he was

raised, we know he was raised in Arkansas and he

went to Catholic school. what's important to note,

Judge, is that all of the things .that this. young man

did at 15, 16 years old, he didn't need to do, didn't

have to do and he wasn't forced to do. He

voluntarily did this because this is what he wanted

to do.


105

People v. Heidgen

1

2

3

4

5

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

He didn't have to join and serve in the

ROTC. He chose to do that. He didn't have to work.

He chose to. He didn't work in some sporting goods

store. He didn't work at some Mcoonald's. He chose,

at 16 years old, to work as a supervisor of a day

care center. That is the tragic irony here, that

Marty spent a bulk of his young adult life working

with children, not because he had to, but because he

chose to, and that is the truth. This is the life he

has lead.

Not only did he work as a supervisor of a

day care center, he co-directed a summer camp when he

was at school for children five to twelve years old,

not because he had to, but because of who he is, a

man who is standing before this court to be

sentenced.

Furthermore, he volunteered, as we heard

from his mom, at the local YMCA to coach young

children on the weekends in soccer, children who

either didn't have parents that were available to

coach their children or children who came from

single-family homes that didn't have a dad to be

there. He did it. He didn't have to. He chose to.

This is the type of person that stands

before you. He was voted captain of his soccer team,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

106

People v. Heidgen

not because he was the best player, but because he

was voted by his peers for his leadership qualities,

his compassion and to deal with other people. That's

not the only thing we heard. while in the ROTC, he

was voted captain of his rifle team.

The reason I bring this up, Judge, is how

many young people have come before you in our

judicial system, or in our personal lives, that we

have seen at such a young age, when you are a

teenager, that gave so much?

I see teenagers all the time that live

pretty much as, no offense to that teenager, but

pretty much selfish lives, not in a negative sense,

but they don't need to be doing anything at this

point. They are living their lives going to school

and playing. He chose not to do that and that is the

truth. That is a fact.

So not only do we have to look upon the

tremendous tragedy of this case, which is obvious,

the desires of the victims and their families, but I

ask you, look at the person whom is about to be

sentenced, what his life was like.

That moment, that defining moment of

duly 2nd, 2005, does not define the manner in which

he, this young man, lead his life.


107

People v. Heidgen

20

21

22

23

24

25

16

17

18

19

14

15

9

10

11

12

13

3

4

7

8

5

6

1

2

The letters that I submitted, that I had the

opportunity as well to read, from over a hundred

people, all have a similar theme about them, about

how they articulate their thoughts of Marty, caring,

compassionate, loving human being, as you recall in

some of those letters. They all say the same.

These aren't letters just from family

members or friends. we have letters from neighbors.

Neighbors like we have, where we see a young child

growing up before our eyes, our neighbors. You have

letters from them, neighbors who have known martin

since he was a baby, as he grew through high school.

You have letters from teachers, elementary

teachers that still recall having martin in their

classrooms. we have letters from college professors,

one in particular who starts out her letter, if you

may recall, saying it is remarkable that I can even

recall a student given the nature of the university

of Mississippi where there's four hundred people in a

classroom. That says something. That means

something. It's who this person is.

It's the moment, it was a defining moment,

but it doesn't define him.

we have letters from attorneys who were

either fathers of friends of his, assistant district


1

2

3

4

5

6

7

8

9

10

1.1

12

13

14

15

16

17

18

19

20

21

22

23

24

25

108

People v. Heidgen

attorneys who lived on his block and watched him

grow, who actually represented, as defense attorneys,

and prosecuted cases like this, as we all have,

members of the clergy, co-workers, employers, the

whole gamut of all of the people that you as a person

living in this world would come into contact with.

All 'of them submitted letters, letters from

all around the country, on behalf of martin. They

didn't have to do that. They are not family members.

They are college professors, teachers, neighbors, but

they did.

They bestirred themselves to put pen to

paper on behalf of somebody they may not have seen in

the last three or four years, or, in some cases, in

seven or eight years, but they remembered him from

their classrooms and they wrote that letter. That

says something.

How many 23 years olds, at the time this

accident occurred, would have been able to have one

hundred people from all walks of life, at such a

young age, to influence that many people, to write

letters on his behalf? I don't know how many people

who are sixty who have met that many people in their

lives who would be able to have a hundred people

write in on behalf of them.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

23

24

25

109

People v. Heidgen

The people who have spoken of martin and of

his character today have never met him. They don't

know him. I urge you, Judge, listen to what has been

said by people who know him as to who the person is

that stands before you.

Now, many times defendants stand before you

with terrible criminal records, terrible backgrounds.

In fact, the legislature actually penalizes, under

certain circumstances, for a prior conviction, as a

predicate to have you make -- to make you serve more

of a sentence. so a bad character, a bad past, a bad

background enures to the detriment of a defendant who

stands before you ready to be sentenced.

So too -- so too must a person's good

background, good character, the manner in which he

lived in a positive way, it has to have some positive

influence in arriving at what a just sentence would

be.

Now, it is not my position today to

relitigate any of the facts of this case. The trial,

we went through that. There is a verdict. At this

point, Mr. Heidgen is convicted of murder and your

Honor is going to sentence him today on that charge.

The purpose here, your Honor, is the

obvious. I am going to articulate truthfully -- not


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

110

People v. Heidgen

based upon what I am saying, I'm his advocate here,

I'm his attorney, don't take my word for his

character, take the word of the hundreds of letters

from the people who put pen to paper to try to

explain to you, who now has this awesome

responsibility now of sentencing somebody.

Somebody said earlier this morning that

justice is blind and that is true. Justice is that

elusive quality that we try to balance the needs of

all competing interests out of society, out of the

aggrieved parties, the victims and the pain they

receive, as well as where does this person fit in, in

the context of all others that come before you.

unfortunately, as we heard from Marty's mom

at length, terrible DWI related homicide,

manslaughters or murders, are not treated

consistently within our system. Justice, in our

criminal justice system, has to have consistency that

all people are treated equally who are similarly

situated who have committed the same crime, should be

treated similarly.

Now, martin ' s mom mentioned the Karen Fisher

case and, for obvious reasons, in that case that

person received a sentence of three and a half to ten

years -- or she hasn't been sentenced yet. That was


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

111

People v.Heidgen

the plea agreement. But what was most important or

significant to me when I read that was it said, Karen

Fisher meekly standing in a large courtroom empty but

for her estranged husband, empty.

This courtroom has never been empty. Even

when we needed to do an adjournment, it was never

empty. What does that say now with respect to cases

that have this cavalcade of media attention on it?

Do people in the spotlight in a high profile case,

defendants, get treated more harshly than in a quiet

courtroom? I suspect not. It can ' t be. We can ' t

believe that that could happen in our experiences but

there is some imbalance in what's happening.

High profile cases like the Staten Island

Ferry, yes, ten, twelve people were killed by a

person who was in the position and the job to ferry

people to work, and besides the ten or twelve people

that died, people were maimed, amputations and the

like. He wasn't charged with murder. I think he did

a year.

Joseph Grant, a New York city police , officer

killed a family of four and a police officer;

manslaughter, five to fifteen. Two to six, time

served and probation, Christina Page (phonetic).

I don't know what that means necessarily.


2

.3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

112

People v. Heidgen

what I do know is that justice needs to be aligned.

People who commit similar acts with similar results,

regardless of the attention given, cannot be held to

a higher standard than others.

People who commit a DWI related homicide of

a non-US citizen who has no family at all in the

united States can't get a better sentence by virtue

of that than somebody who commits the same crime with

the same result to a US citizen who has victim's

rights and MADD and family members saying we want

more time. It can't be that way.

we can't value the lives of people. That

one person's life is not worth more than another

person's life.

The pain is all the same. I can't imagine

what the Flynns and the Tangneys and the Rabinowitzes

went through. I can only empathize but I can never

imagine.

Judge, the legislature gives you the

discretion on murder cases to sentencing a defendant

from 15 years to life to a maximum of 25 to life.

That is a ten-year window, almost double, difference

between the minimum and maximum, same crime, murder.

They are all murder. who gets the 25 to life? The

worst, heinous, intentional murderer. some murderers


113

People v. Heidgen

1

2

3

4

5

6

7

12

13

14

15

16

17

18

19

20

21

22

23

24

25

get 15, it's still a murder.

so who fits in the 15, if we know what the

25 to life murderer is? what murderer or what

conviction for murder gets 15? Certainly an

unintentional murder, certainly somebody who has a

past that devoted his entire life to helping others.

This was a defining moment in his life. It

does not define who stands before you. His deeds,

the manner in which he lived his life, defines who he

is, how he lived his life.

In light -- I have asked myself, learning

about his background, how can somebody who in so few

years of life have given so much of himself to

volunteer work, to charity work, to working with

children and positively influenced so many people at

such a young age, yet, in one moment, so negatively

and tragically affect others, and that's the

conundrum here.

People say that Marty is not remorseful. we

heard that from various speakers today. we heard

that from the prosecution table. There's no book

about how somebody is supposed to react under stress

or under extreme circumstances. There's times people

are crying at a table, and they say, oh, that's

crocodile tears, that's not good. Sometimes people


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

114

People v. Heidgen

don't say anything. well, he's not paying attention.

He doesn't care. Some people are smiling because

they are nervous. oh, well, he thinks this is a

joke.

we can't look at somebody, especially a 23

to now 25 year old, in the eye of this hurricane

where he is sitting charged with murder looking at

life in prison, and say, well, I am going to look at

him and I am going to ask him -- I'm going to say to

myself is he showing remorse.

He can't speak during the pendency of a

criminal trial. we all know that. He can't get up

and give an interview for all these people and say I

am remorseful, I am so sorry. The few times he did,

he was told not to say anything, by myself,

certainly, and by various courts along the way. He's

a criminal defendant. He can't speak during the

pendency.

I have spoken to him. I can tell you -- at

least this I can tell you, is that he has always

expressed remorse to me. He has always wanted to

accept responsibility for this.

The defense in this case was not to excuse

his actions. The defense in this case was defending

the charge of murder, the unusual charge of murder,


115

People v. Heidgen

2

3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

not unprecedented, but unusual, unprecedented here,

certainly. That is what it was.

An individual who is convicted of

manslaughter who has a .28 reading and kills another

because of that drunk driving, the maximum sentence

would be five to fifteen. That same act as a murder

for the depraved indifference jumped the sentence

from 15 to 25 to life. The minimum sentence on the

murder charge for the same conduct and result is

three times the maximum of the manslaughter, three

times by virtue of that, from five to 15 to 15 to

life.

certainly, Judge, I urge you that that three

times the sentence of other similarly situated cases,

whether it's a prosecuting attorney's decision in

county to county to county -- that's another thing

that maybe the legislature needs to deal with at some

point. But there's such discretion now with using

this depraved indifference, which the court of

appeals is still grappling with what it really means,

but if it can be used so indiscriminately from county

to county to county, the same acts, three times the

maximum sentence of the traditional charge of

manslaughter is certainly a severe enough penalty,

upgraded penalty, from what other people may be


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

116

People v. Heidgen

charged with and convicted of.

THE COURT: Mr. LaMagna, forgive me. My

court reporters have been working for an hour and a

half now. I am not curtailing you in any way, if you

intend to finish.

MR. LAMAGNA: Three minutes?

THE COURT: okay. Go ahead.

MR. LAMAGNA: Judge., I urge you to consider

the truth, the manner in which he lived his life

before this. None of us in this courtroom, including

your Honor, knows him. Those hundred people know him

and that should speak volumes. It should, at

least -- it certainly is relevant to the man who

stands before you, and 15 to life, given these

circumstances, I believe, is just.

Judge, there is one letter, and I will

conclude, that I submitted by an attorney who was

Martin's friend's dad who I think encapsulates pretty

much what I wanted to say, so if I may conclude with

that:

As an adult who has known martin Heidgen for

most of his life and seen him grow up literally in

front of my eyes, I want to express to you my

observations in regards to the question of who is

Marty Heidgen.


25

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

4

3

6

7

5

8

9

117

People v. Heidgen

I'm not going to read the whole letter.

Marty has always been a well rounded

all-American boy, much as my son, Joseph, and the

sons of most average American families you can

imagine. He has always been fun loving, outgoing,

witty and a pleasure to be around. My wife and I

have always found Marty to be respectful and well

mannered. I have never known him to exhibit any

unduly aggressive or hostile behavior. He is truly

your typical American boy.

He and Joseph can sit for hours talking

about sports and their plans for the future. Marty

has always expressed a desire to pursue a meaningful

career and his goal is to attend law school. He and

Joe were both in the marine Corp., ROTC at catholic

high school and Marty was on the soccer team.

I often saw Marty at the Little Rock

Athletic club when I went there to work out and he

was employed there in the area where adults left

their children to play while they worked. He seems

to have a real rapport with the kids.

I am not trying to say that Marty is a

perfect person, none of us are. what I am saying is

that Marty is like most other young -- like most any

other young person who you would be proud to call


118

1

3

4

5

6

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

your son.

From years of knowing Marty and observing

his behavior and character, I know that he would not

intentionally bring harm to anyone and that the

accident in New York would leave him unbelievably

distraught and anguished for the families involved,

including his own.

Marty is not a bad person. Marty is a good

person. He is the same good person today that he was

the date of the incident. He made a mistake which

unfortunately resulted in terrible consequences.

Many of us have sons and daughters who have made

similar mistakes. But for the grace of God, we could

have been sitting in the position that Marty is

today.

I don't write this letter to excuse Marty's

actions or to minimize the consequences of his

actions which leave us all grief stricken for the

families involved. Rather, I am writing to let you

know that Marty is, like most of us, a caring, well

intentioned, level human being . and not a monster,

which, by human nature is a reflective conclusion

others understandably might jump to given the

magnitude of this tragedy.

I think that says it.


1

2

4

5

6

7

8

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

119

People v.Heidgen

The only thing, Judge, that I will leave you

with, that I do disagree with, unfortunately, like.

everybody else who is involved in this trial, Marty

is not the same person he was before this accident,

just like many of us, certainly the Flynn family, the

Rabinowitz family and the Tangney family. The person

you observed under the stress of this cavalcade of

media is not the same 23 year old kid that's in those

letters.

I would ask you to bear that in mind in

arriving at any just sentence and I trust and I have

all the confidence that you will. Thank you, Judge.

THE COURT: Thank you, Mr. LaMagna.

we'll take a ten minute break.


MR. MARTELLO: Your Honor, may I proceed?

THE COURT: Yes, please.

MR. MARTELLO: Your Honor, first of all

thank you very much for affording me the opportunity

to address.the Court. I know the time is late and I

am going to reduce my.prepared remarks accordingly.

I know a lot has been said here, Judge.

Judge, you heard from a lot of people here

today and you heard a lot of opinions about who Marty

is, what he's done and how he should be punished.


120

People v. Heidgen

24

25

22

23

18

19

20

21

13

14

15

16

17

11

12

9

10

3

4

7

8

2

5

6

1 The great thing about this country is that everyone

does have a right to an opinion and a right for their

opinion to be heard. It was a vital part of this

process in this sentencing hearing for you to hear

all these opinions.

Likewise, Judge, another great thing about

this country is that the law protects an individual

sitting in a courtroom from opinions. The law is

above those opinions. The law treats everyone

equally and does not allow itself to be pressured by

the opinion of the public or the government or even

the media.

This courtroom, Judge, is the one safe haven

for Marty Heidgen to be viewed fairly as to what he

did and only what he did, regardless of what the

public opinion is.

Judge, as you know, public opinion can. cut

both ways. There have been cases where the public is

more lenient toward the defendant and they come here

to Court to ask for a less harsh sentence for a

defendant that is similarly situated. Then there are

times when the public opinion feels that the

defendant should be more harshly treated.

In both instances, the public opinion is not

really the relevant thing here. The law is what must


121

People v.Heidgen

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

control. In our country the law guarantees that

every citizen will be consistently judged as all

other citizens in a similar situation are judged.

Judge, I don't have to remind this Court,

because I know what type of judge you are, that you

are above the fray of public opinion, and only

because the court is above that fray of public

opinion can Marty be judged just for what he did.

Now, you know, Judge, when Mr. LaMagna and Itook this case, we knew it was a very unpopular case.

You know, we understood from the very beginning who

the victims are. It's clearly the Tangney,

Rabinowitz and Flynn families. we are never saying

that Marty here is a victim, but even a person

accused of what he has been accused of deserves a

defense.

Though our heart goes out to the families,

we have to keep asking yourselves, just like

Miss Tangney asked, why has this case received so

much attention.

Mr. LaMagna alluded to the fact of the

Staten Island Ferry case, the case of Karen Fisher

where a priest was killed. In all those instances,

families were destroyed, but yet there has not been

this focus on those cases to have a certain result.


122

People v. Heidgen

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21.

22

23

24

25

The district attorneys in those cases have made much

less recommendations in their sentence, and, like,

Miss Tangney, we had to ask the question why, what

was it about this case.

It's almost as if the collective anger of

all of society over the last 30 years, of all the

senseless tragedies on the roads that have occurred

at the hands of drunk drivers, have been visited on

Marty Heidgen. It's almost as if he has become a

flash point, a poster child, if you will, for all the

sins of other drunk drivers of the last 30-plus

years. He has almost become a poster child of what's

wrong with the laws today and, frankly, Judge, that's

wrong.

As you know, Judge, he's not supposed to pay

for what's happened 30 years ago. He's only supposed

to pay for what he did and for who he is. If the

laws are to be changed, there's another venue for

that. Here, as we sit here today, we are judging

Marty Heidgen just for his acts on July 2nd, 2005,

and not for all that has gone on on the streets and

on the highways over the 30-plus years.

Now, Judge, you know -- and again -- I know

I am pressed for time.

THE COURT: You ' re not pressed for time.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

123

People N. Heidgen

MR. MARTELLO: All right. Thank you, Judge.

Judge, I want to tell you, and I'm not

pandering to you by saying this, but I've gotten to

know you quite well over the last couple of months

and I know your representation and, again, please

don't accept this as pandering, but you are a good

man. You ' re a moral man. I see it in your actions

and in your words. I haven't always agreed with your

rulings here in court, but I always knew whatever

your rulings were, they were from the heart and they

were what you believed to be right.

Sometimes justice, an and act of justice,

requires us to do unpopular things, and you have

ruled and made unpopular rulings just simply because

they were right.

I am going to ask you today to make what may

be an unpopular ruling, but as I alluded to you

before, we, as the guardians of the law, chiefly you,

Judge, we have to be above the fray of what the

public may want, whether they want a harsher sentence

or lighter sentence.

Now, I'm not asking you, Judge, to affix a

sentence to Marty because it's what I want or what

the families want or the government or the media. I

am asking you because it's right. If the truth be


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

124

People v. Heidgen

told, Marty's family, if they were to have their way,

if they were to get what they really they want, they

would ask you to return Marty to the bosom of their

home, to the safety of their home. That would be

their opinion because they are his parents.

But that opinion isn't necessarily right. Iunderstand it, but it's not necessarily right. He

must be punished for what he did, but that's an

opinion that the courts must be above, that fray.

Likewise, the victims' families, they are

completely justified in their feelings, but there is

no measure of punishment that could he exacted here

in this courtroom today that would be sufficient for

the victims' families. Now, that's their opinion.

Again, just because it's their opinions does not make

it right.

Lastly, I come to the district attorney.

Now, the government is asking -- making a

recommendation of 25 years to life. Again, that's

their opinion, and they have a right to it, to that

recommendation. But just because it's their opinion,

again, does not make it right. I need you, Judge, to

see through that.

The district attorney is, as you know, is a

very important arm of the government. They are the


22

23

24

25

20

21

18

19

16

17

14

15

12

13

8

9

10

11

3

4

5

6

7

1

2

125

People v. Heidgen

prosecuting arm of the government. By virtue of the

social conduct we have here in society, we entrust in

the DA's office to employ the proper discretion in

making recommendations upon a defendant.

we, as citizens of this county, put our

lives in the hands of the DA by asking them to use

their discretion when we, as citizens, do something

wrong. When we do something wrong, we ask the DA,

judge us fairly, to use your discretion.

I submit to you here, Judge, that the

district attorney's recommendation is inappropriate.

I believe that they did not properly use their

discretion here.

They -- and I understand the DA has to speak

for the victim, but they too must use their

discretion and be able to distinguish between the

actions of one defendant versus the actions of

another defendant.

The DA has asked for 25 years to life,

Judge. That is the maximum sentence allowable in New

York state, the maximum. Now,. it seems to me that

the maximum sentence should be reserved just for the

most heinous members of our society, the most evil,

because you can't give any greater of a sentence.

so when they recommend to you, your Honor,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

.17

18

19

20

21

22

23

24

25

126

People v. Heidgen

25 years to life for this 25 year old young man, who

has this terrible tragedy, but we must keep in mind

it was borne from drinking, from a terrible mistake

in judgment, they are asking for 25 years to life for

him.

I asked the district attorney in a

rhetorical sense, what would be reserved, what would

they ask for in the most heinous, the most evil in

society.

Clearly, despite the terrible, terrible

tragedy that has occurred here because of Marty's

actions, I don't believe anyone in this courtroom

could possibly say he is the most evil we have in

society, that he is the most heinous we have in

society.

Suppose there was a contract killer here

before this court and the district attorney had to

make a recommendation, a contract killer accused of

putting a gun to somebody's head and being paid a

hundred thousand dollars to do it, more evil, more

heinous than that.

A gang member that slit someone's throat

just because that's the initiation right to get into

the gang. That person -- could you get any more

depraved than that, any more evil.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21.

22

23

24

25

127

People v. Heidgen

The rapist and the murderer, or the mugger

that lies in wait in an alleyway, doesn't know how

much money you have in your pocket. You could have a

couple hundred dollars or $10,000, but he will kill

you just the same for that money in your wallet, any

more depraved than that person.

But yet, the only recommendation, the only

sentence that could be given to those most heinous,

evil people is 25 years to life. I suggest to you,

judge, that it is the obligation of us, as officers

of the court, to do our best to use our discretion,

to distinguish between those most evil and those that

have done a terrible thing, nonetheless, and must be

punished.

Don't mistake what I am saying, Judge. Iknow Marty must be punished and he must be punished

significantly. A terrible tragedy has occurred as a

result of his actions. But, regardless of how

terrible this tragedy is, there have been people in

our society that are so -- that are evil and purely

heinous, that that maximum charge should be reserved

for.

Judge, as I said -- and I disagree with the

DA's recommendation but, fortunately, in this

country, they are not the last word. You are the


25

24

20

21

22

23

17

18

19

15

16

10

11

12

13

14

4

9

8

1

2

6

7

3

5

128

People v. Heidgen

last word, Judge. You know, both physically and

symbolically, you sit higher than everyone here, and

there is avery good reason for that, Judge, because

you are empowered with the very tough job to be wiser

than all of us, to not give sway to public opinion,

to not give sway to, let's say, an over reaching

government. You are the final arbiter here in this

sanctuary here, Judge. You are the last resort.

Judge, I know -- I know you. want to send a

message here, Judge, and you absolutely should. But

I'm just going to ask you, Judge, to send the right

message. Don ' t send the message that he should be

punished because of the collectively anger of all the

sins and tragedies that have happened on the road at

the hands of drunk drivers over the last 30 years.

Don 't sentence him to that as the public seems to

want.

Don 't sentence him by grouping him with the

most heinous criminals, the most evil members of

society, as the government wants you to group him in.

Do not put him in with those people. Don ' t sentence

him consistent with that.

Those are the wrong messages, Judge. I

think the message that this court should send is that

driving while intoxicated in this county, or anywhere


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

129

People v. Heidgen

in this state, will not be tolerated, and, if you do

so, you are going to be punished and you are going to

be punished severely, but you're going to be punished

justly, consistent with other citizens in our society

similarly situated regardless of what the rest of the

public wants.

You're going to be punished as a person that

has done a terrible thing as •a result of drinking,

but you're not going to be punished consistent with

the Jeffrey Dahmers of the world or the collin

Fergusons of the world. You're not going to be

judged as harshly as those most evil people in our

society.

The maximum punishment must be reserved for

those people, and, if it is not, then we are watering

down the punishment we give to those most evil people

in society, if we can give it to this young man here

today.

Judge, I told you I would try to be brief.

I think I have accomplished that, but I would like to

leave you with this, Judge.

You know, this courtroom doesn't guarantee

that justice is going to happen here today. There's

no guarantees. These four walls, all it guarantees

is that we have a chance to have justice here today.


25

14

16

17

18

19

20

21

22

23

24

10

11

12

13

15

4

2

9

3

6

7

8

5

130

People v. Heidgen

You have heard from so many people, now

including myself, and I suspect the person you most

want to hear from is Marty himself. But, Judge, you

have heard from so many people, and you have heard so

many opinions, please listen to that one concept of

justice. That, to me, is the overriding concern

here, not to let him off the hook. He must be

punished significantly but he must be distinguished

from the most evil in society. Please, allow this

courtroom to have a chance for justice to happen.

I want to thank you, Judge, for allowing me

to address you. It ' s been a pleasure to serve with

you in your courtroom. I know now Marty wants to

speak to you, and, with your permission, he would

like to address the court.

THE COURT: Thank you.

THE DEFENDANT: Good afternoon. There is

really no easy way to begin this. I haven't had the

opportunity to address all involved until now. I

have been anxious though to say how I.felt since the

beginning but I couldn't because of the

circumstances. I have wanted to take responsibility

for this, Judge, from the moment this happened.

It has been difficult to find words that

express how I truly feel. Nevertheless, I am going


131

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v. Heidgen

to speak to everyone today from both my mind and my

heart.

First and foremost, I am very sorry. I am

very sorry every day, every hour and every minute,

for the deaths of Katie Flynn and Stanley Rabinowitz

and for the physical and emotional pain that you have

suffered and will continue to suffer.

Even though words do not fully express the

sorrow and emptiness that I feel now, nor can Iimagine that I will always feel, your anger towards

me is justified and understandable. I am most angry

at myself, fudge.

I can also understand that you all are never

going to forgive me. I am mean, nor did I intend for

this to happen. I was just trying to go home. The

reason this accident happened was because of my

foolish and selfish decision to drink and drive.

That is why this terrible accident happened and that

is why good people died and good people were hurt.

It was my responsibility to put-down my keys, that

night. That is the biggest failure of my :life so

far.

I also want to take this opportunity to

address other young people in this community about

drinking and driving and irresponsible social


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

132

People v. Heidgen

drinking. If you respect yourself and love others,

do not drink and drive. It is deadly. Please, take

it from me, all of us in this courtroom have lost

because of my decision to drink and drive. Don ' t

think that something like this can't happen to you.

All of us here are proof that it can.

In. my opinion, blood alcohol limits should

be 0.0 to properly reflect society's view on drinking

and driving. That way there's no ambiguity or

excuses. There are no opportunities to bend the

rules.

I am also, fudge, a good person with warm

feelings and compassion. I have shown that

throughout my life by my actions. I have spent

thousands of hours in my teenage and adult life

working with children and needy members of the

community. I have been a coach, a role model and a

mentor for kids. I feel like I have let all those

people down.

That time has been . the most rewarding and

special in my life. Being a part of building a

child's self esteem and character is truly special.

Empowering a child is an amazing skill that I have

been blessed with and kids have changed for me in

miraculous ways. They have taught me to never judge,


133

1

2

3

4

5

6

7

8

9'

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

People v Heidgen

to love and to listen. There viewpoint is not

politicized or polluted. They have a natural

unconscious bias towards good. I am sure Katie was

just like that.

I also have respect and admiration for the

older citizens of society. My grandparents have

taught me wisdom, compassion and a lot of love.

These things are what makes the death of Stanley so

hard for me to take. I would never harm a child or a

man like him.

I hope that this court will give me the

opportunity to grow after this experience and allow

me to aid in the growth of the community.

I also want to say I am sorry to the good

people of Long Island who welcomed me with open and

loving arms when I moved here eight months before

this accident. I betrayed the trust that you gave

me.

This foolish and unintentional act does not

define who I am and I ask the Court and everyone here

not to confuse the tragic events of July 2nd, 2005,

with who I am. I am not a depraved person or a

monster, nor have I ever been at any moment in my

life. I am just a normal, kind and caring guy who

had a great life before this accident.


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

134

People v. Heidgen

I am not saying good people should get a

free pass when they break the law. I think their

whole lives should be considered.

I understand, Judge, the anger you must feel

by listening to the events of that night and the

testimony in this trial. Just know that I have

already begun a life sentence of anguish, grief and

heartache long before this sentence.

I have also heard the accounts that say I

show no remorse. For people to write that I am

unremorseful is very shocking to me. All I have is

remorse, not for me, but for the souls of the

deceased. My demeanor is a result of the shock of

the events transpiring around me which still to this

day seem very surreal. It is also a sign of my

belief in God's plan. It's a comfort I have my

parents and family. I have put my full faith in God

that this is His plan.

Once again, I want to say again how very

sorry I am. I will always live with this. I am a

person of faith and I pray that God gives you all the

strength to deal, as much as possible, from all of

this.

Now I want to offer Katie, Stanley, the

Flynns, the Rabinowitzes, the Tangneys and you,


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

135

People v. Heidgen

Judge, my greatest gift, as defined in my life, the

gift of love. Love defines who I am. Thank you,

judge.

THE COURT: I am going to take a two-minute

break to give the family an opportunity to come back

in before I discuss the sentence.


THE CLERK: will the defendant, please,

rise?

THE COURT: Mr. Heidgen, you have been

present all day and heard how you have affected lives

of those who have lived to experience and endure the

pain that you have caused. .Any attempt that I would

make to discuss the enormity of their loss, both in

terms of the lives lost due to your actions or the

pain they endure on a daily basis, both physical and

emotional, would pale in comparison to the heartbreak

in the expressions that we have just heard.

As a judge of this court for the past ten

years, it has been my duty to sentence many

individuals who have intentionally taken lives from

innocent people. But I have rarely been in a

position to sentence one who has taken lives and

affected so many because of pure blatant, callous and

wanton disregard for the consequences of his actions


6

. 7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

136

People v. Heidgen

and their affect on innocent victims.

while your pleas may sound genuine, you will

remember that I have been privy to letters and phone

calls made by you while in the Nassau county

Correctional Center. The letters and phone calls

speak volumes about who you are and where your true

sympathies lie.

I was also privy to your attempt to falsify

the DNA results ordered by this Court during your

trial. That conduct speaks volumes about the callous

disregard and contempt with which you view authority,

law and the necessity for you to adhere to the rules

of our society.

However, I will not punish you now for that

act. That charge will have to be brought and proven

beyond a reasonable doubt, like any allegation of a

criminal nature. My sentence here today reflects

only the sanction I believe you deserve for the

charges of which you have been convicted.

The pleas of your attorneys, your family and

.yourself do not fall on totally deaf ears. I know

that it is true that you didn't intend to take the

lives of Stanley Rabinowitz or Katie Flynn and, while

you didn't intend to cause devastating injuries to

the Tangneys and the Flynns, through the course of


10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

2

1

3

5

6

7

8

137

People v. Heidgen

the evidence presented, I am also aware that, unlike

so many other defendants this court has sentenced,

you have no prior criminal convictions.

However, it is also abundantly clear that

you were aware of the risks that you took, both with

respect to yourself and anyone unfortunate enough to

cross your path on the night of duly 2nd, 2005, and

you consciously chose to disregard those risks. That

disregard goes to a level of culpability consistent

with those who intentionally'take a life. This is

why I will sentence you to a term whereby you may

well spend the rest of your life in prison.

Before I do, I can only express this court's

heartfelt condolences to the families that your

actions have so deeply affected, the Rabinowitzes,

the Flynns, the Tangneys, and your own family who had

hoped so much for your life to take a different path.

The record should reflect I have before me a

presentence report prepared by the probation

department, reviewed by counsel, to which both sides

have expressed their comments.

It is the judgment of this Court that for

the crime of murder in the second degree, two counts

thereof, each a class Al felony for which you stand

convicted under counts one and two of


9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

1

2

3

4

5

6

7

8

138

People v. Heidgen

Indictment 1910N-05, you, martin Heidgen, are hereby

sentenced to two indeterminate terms of imprisonment

each of which will have a range -- will have a

maximum of life and a minimum of eighteen years

It is the further judgment of this court

that for the crimes of assault in the first degree,

three counts thereof, each a class B violent felony

for which you also stand convicted under counts

three, four and five of Indictment 1910N-05, you,

Martin Heidgen, are also sentenced to three

indeterminate terms of imprisonment, each for

eighteen years, with five years of post-release

supervision.

It is the further judgement of this court,

for the crime of driving while intoxi cated, two

counts thereof, each an unclassified misdemeanor for

which you also stand convicted under counts eight and

nine of Indictment 1910N-05, you, martin Heidgen, are

hereby sentenced to two definite terms of

imprisonment of 180 days and a fine of $1,500.

In addition, your New York state driver's

license or privileges to operate a motor vehicle . in

the state of New York are revoked for six months.

All of the terms of imprisonment just

imposed will run concurrently.


2

3

4

5

6

7

8

9

10

11

12

13

14

15

139

People v. Heidgen

Are there orders of protection here?

MS. MCCORMICK: There are not.

THE COURT: In addition, it is directed that

a DNA sample be taken. You are directed to pay

restitution in the amount of $4,052 by civil

judgment. You are also assessed a mandatory

surcharge of $250, DNA fee of $50, DWI surcharge of

$25 and a crime victim assistance fee of $20, all

payable by civil judgment.

it is further ordered that you are committed

to the New York state Department of corrections at

Fishkill, New York, to be dealt with there according

to law.

Certified to be a true andaccurate transcript.

16

17

18

19

20

/.)--2 . ^, • 1BUFF BRAN'SON , RPR

Senior Cou r t Reporter

21

22

23

24

25


: nysid: martin heidgen, sentence state of new york : … · 2018. 3. 2. · mineola, new york 10...

Documents