Branson Seeks "Hard 50" Sentence in Homicide

Sarah B. Gonzales McLinn, age 19, appeared today before the Honorable Paula B. Martin in Douglas County District Court.  McLinn was charged with premeditated first degree murder in the death of Harold M. Sasko on January 14, 2013.  During today’s first appearance District Attorney Charles Branson filed an amended complaint with the Court adding a charge of felony theft and giving notice the state will seek a ‘Hard 50’ sentence against McLinn if she is convicted of first degree murder.

The “Hard 50” sentence may be sought in particular cases after the finding of guilt by a jury.  In this case, the jury would decide a special question as to whether there were aggravating circumstances that apply to the manner in which Sasko was killed.  In order for a ‘Hard 50’ sentence to be possible, the state alleges the defendant committed the crime of murder in an especially heinous, atrocious or cruel manner.  The jury does not have to find Sasko was aware of his fate or he had conscious pain and suffering as a result of the physical trauma leading to his death.

Because of the Kansas Rules of Professional Conduct governing statements by counsel prior to trial, Branson is unable to go into detail about the facts that caused the crime to be heinous, atrocious or cruel. 

First degree murder is punishable by a sentence of life in prison with the possibility of parole after 25 years.  Application for the ‘Hard 50’ sentence would result in a possibility of parole only after a minimum of 50 years in prison has been served.

Any charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.