Early today, the State Senate adopted new criminal sentencing guidelines but Democrats defeated the Republicans “three strikes” provision.
The “three strikes” amendment, which would automatically send violent career criminals away for life, failed on a 19-16 vote. Three Democrats, fearing retribution at the polls, found their way to the Republican side, including State Sen. Tom “Big Boy” Gafffey, D-Meriden, State Sen. Joan Hartley, D-Waterbury, who often joins Republicans on fiscal and crime issues and State Sen. Paul Doyle, D-Wethersfield, who will be facing a strong challenge again this year from Rocky Hill businessman Ralph Capenera.
The entire debate was captured by the Hartford legislative reporting duo duo of Chris Keating and Mark Pazniokas:
“Under pressure to respond after two deadly home invasions in the past nine months, the state Senate voted early Thursday morning to strengthen the state’s criminal law and allocate $10 million for enhanced crime-fighting.
The bill passed by 32 to 3 at about 2:20 a.m. after the Senate Democrats withdrew a previous amendment that had prompted a sharply bitter debate with Republicans. The final version gained bipartisan support after lawmakers said the bill would authorize a judge to double the penalty following a second violent crime and triple the penalty after a third offense - up to a maximum of life in prison for a violent felon.
Republican Gov. M. Jodi Rell and legislators have all called for tougher laws after the triple slayings in Cheshire last summer and the abduction, rape, and killing of a frail, cancer-stricken, elderly woman who could not defend herself last month in New Britain.
Republicans and Democrats clashed sharply for the second time of the late-night debate when Republicans offered a “three strikes” amendment that would force judges to automatically sentence a criminal to life in prison after conviction of a third violent felony. In a relatively close vote, the “three strikes” amendment failed by 19 to 16 after three moderate Democratic Senators - Joan Hartley of Waterbury, Thomas Gaffey of Meriden and Paul Doyle of Wethersfield - all broke with their caucus and joined with the Republicans to support “three strikes.”
The three Democrats who voted against the overall bill were Senators Toni Harp of New Haven, Edwin A. Gomes of Bridgeport, and Eric Coleman of Bloomfield.
Senate Republican leader John McKinneyof Southport said that the “three strikes” proposal was necessary because some judges were not handing down stiff-enough sentences. A legislative report showed that an average of 103 people have been released from prison every year for the past five years after they finished serving their time for three violent felonies. The average sentence for the third violent felony was 7.9 years in prison, McKinney said, citing the legislative report.
“They have not been punished as severely as we believe they should have,” he said.
But Democrats ripped the “three strikes” proposal, saying it was nothing more than a bumper-sticker slogan in an election year.
“This is not a baseball game. This is life,” said Senator Donald DeFronzo, a New Britain Democrat. “It achieves more as a political sound bite and a sports metaphor than it does as a piece of solid legislation. … This amendment is virtually valueless.”
Earlier in the evening, the Republicans had verbally pummeled the original bill on the Senate floor, saying that it would actually weaken the state’s laws for violent crimes. Following that clash, Democrats — who hold the majority in the chamber — suddenly postponed the debate and called for a recess shortly before 11:30 p.m. The chamber reconvened later, and the “three strikes” debate pushed the vote past 2 a.m. Thursday.
Sen. Andrew McDonald, a Stamford Democrat, began Wednesday’s debate by saying violent criminals would be treated much more harshly than under the current law. A “second strike” under existing law could lead to no prison time at all, but the sentence would be doubled under the bill, he said.
“This is an extraordinary change in our public policy,” McDonald said, adding that criminals “will be punished in extraordinary ways.”
But Sen. John Kissel, an Enfield Republican, said the original bill was so badly written that it would not accomplish the legislature’s tough-on-crime goals and, in fact, would backfire.
“I guess I’m missing something,” Kissel said. “It actually is weaker addressing persistent dangerous felony offenders. … This amendment pushes us backward. How can this be tougher on criminals? It’s not.”
Out of 21 violent crimes mentioned in the original bill, the maximum prison sentence would actually be reduced for eight of them, Kissel said. That includes second-degree manslaughter with a firearm, among others.
“I think we can do better than this,” Kissel said. “I don’t view it as a get-tough amendment.”
Sen. Sam Caligiuri, a Waterbury Republican, agreed with Kissel and rejected the statements by Democrats that the state already has a “three strikes” law.
“You will be lying to the people of Connecticut if you tell them” that the bill includes tough, mandatory minimum sentences, he said. “It’s nothing close to what the people of Connecticut” want.