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a085 0834 13 Jan 89
PM-Goetz Sentencing,0281
Goetz to be Resentenced today in Gun Possession Conviction
Eds: Sentencing scheduled for 2:15 p.m. EST.
By PETER ALAN HARPER
Associated Press Writer
NEW YORK (AP) - Subway gunman Bernhard Goetz decided to go ahead
with his sentencing today despite an appeal to the U.S. Supreme Court
because he wants to get his jail time over with, says one of his
lawyers.
Goetz in 1987 was acquitted of attempted murder but found guilty of
possessing the unregistered gun he used to shoot four young men on
the subway four years ago. He was to be sentenced in state Supreme
Court.
Attorney Mark Baker said Thursday that it was likely Goetz would get
a year in jail and begin serving his sentence immediately. He would
eligible for parole in 51 days. The offense carries up to seven years
in prison.
''He's as ready as anybody, I guess. He's known for a long time,''
Baker said. ''He's tense about it, but he wants to get it over
with.''
Justice Stephen Crane sentenced Goetz in 1987 to six months in jail,
but an appeals court threw out the sentence, saying the law called
for a minimum of a year behind bars.
Baker said that the defense has asked the U.S. Supreme Court to
review the conviction but did not ask for a delay in sentencing in
the meantime.
''We all decided to proceed and not delay it any further,'' Baker
said.
Three of the teen-agers Goetz shot recovered. The fourth was
brain-damaged and paralyzed. Goetz claimed he shot them in
self-defense because he was about to be robbed; the teen-agers
claimed they were panhandling.
AP-NY-01-13-89 1126EST
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a231 1437 13 Jan 89
AM-Goetz Sentencing, Bjt,0716
Subway Gunman Sentenced to One Year, Fined $5,000
By SAMUEL MAULL
Associated Press Writer
NEW YORK (AP) - Bernhard Goetz, who shot four young black men on the
subway and was convicted only of illegal gun possession, was
sentenced Friday to one year in jail and fined $5,000 after a judge
noted he had shown no remorse.
''I do feel this case is really more about the deterioration of
society than it is about me,'' Goetz told the court before the
sentence was pronounced. ''Society needs to be protected from
criminals.''
Goetz's lack of remorse ''gave me concern he might recidivate in
possessing a firearm,'' said state Supreme Court Justice Stephen
Crane in Manhattan. Supreme Court is New York state's trial-level
court.
The now-famous defendant, who faced one to seven years, decided to
go ahead with his sentencing, even though he has asked the U.S.
Supreme Court to review his case, because he wants to get the jail
time over with, said his attorney, Mark Baker.
''He's resigned to the fact that he's going to jail,'' Baker said.
''He's paid his bills for the next few months and gotten his affairs
in order. He's tense and apprehensive.''
Under a one-year prison sentence, Goetz gets credit for nine days he
already served immediately after his arrest, and becomes eligible for
parole in 51 days.
The Correction Department agreed to a defense request that Goetz be
kept in protective custody at the Rikers' Island jail, Baker said.
Goetz shot the teen-agers in December 1984. He fled to New
Hampshire, then surrendered, saying he had shot the men because he
felt he was about to be robbed. The case became a sensation of the
talk-show airwaves and editorial pages, prompting debates on racism,
self-defense and vigilantism.
To many blacks in particular, Goetz was a cold-hearted criminal, a
symbol of racially-motivated violence; to many whites, particularly
gun owners, he was the ''subway vigilante,'' an ordinary citizen
protecting his rights.
Goetz was acquitted in June 1987 of attempted murder, assault and
other charges and convicted only of possessing the gun used at the
time.
On Oct. 19, 1987, Crane sentenced Goetz to six months in jail, a
$5,000 fine, 200 hours community service, five years' probation and
psychiatric counseling.
But last year, a mid-level appeals court overturned the sentence,
saying the judge should have followed the state gun control law,
which mandated a one-year sentence. The case was returned to Crane
for resentencing.
Baker said he and Goetz's other defense lawyer, Barry Slotnick,
asked the U.S. Supreme Court on Jan. 6 to review the case because
they are challenging the conviction itself.
But because Goetz wants to get the jail time over with, the
attorneys did not request that the sentencing be held off until the
Supreme Court rules within six to eight weeks, Baker said.
''We all decided to proceed and not delay it any further,'' Baker
said. ''If he gets the straight time (of a year in jail), we won't
appeal that'' either.
If the high court decides to review the case, however, the attorneys
would ask that Goetz's sentence be interrupted, Baker said.
Three of the four teen-agers Goetz shot recovered. The fourth was
brain-damaged and partially paralyzed. Goetz claimed he shot them in
self defense because he was about to be robbed; the youths claimed
they were panhandling.
Despite all the headlines and public debate that the Goetz case
spawned, it is difficult to say if the case changed the lives of
anyone not directly involved in the shooting or its prosecution.
In the place it logically would have had the greatest impact - the
subways - police say they can see little effect.
''I don't really see any pattern at all that exists based on that
particular case,'' said Sgt. Bob Valentino, a spokesman for the
transit police.
Subway crime figures have bounced up and down in the years since the
shooting, while subway ridership has been up. An estimated 3 1/2 million
people use the subway every weekday.
''The perception of subway crime, of being frightened, is more than
the reality,'' said Valentino. ''We're trying to address that and
inform the public.''
AP-NY-01-13-89 1722EST
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a030 0259 04 Mar 89
PM-Goetz,0279
Goetz May Appeal Parole Denial
By MARC HUMBERT
Associated Press Writer
ALBANY, N.Y. (AP) - The state Board of Parole says Bernhard Goetz
must serve the full one-year prison sentence he got for illegally
carrying the gun he used to shoot four teen-agers on a New York City
subway in 1984.
Releasing Goetz after just two months in jail ''would deprecate the
seriousness of the crime and undermine respect for the law,'' the
board said Friday.
Monday was the earliest Goetz could have been released.
Edward Elwin, executive director of the parole board, said the
decision meant Goetz would have to serve his full one-year sentence,
minus any time off for good behavior, unless he can persuade a court
to overturn the board's ruling.
Goetz, 41, was convicted on the gun charge, but acquitted of
attempted murder, assault and reckless endangerment charges. The case
drew international attention.
Some people called the white radio technician a racist vigilante for
shooting four black young men who were panhandling.
Others hailed Goetz as a hero who resisted a robbery.
Goetz maintained the men were about to rob him and that he was
acting in self defense.
Goetz's attorney, Mark Baker, said he might try to have the decision
overturned and called the board's decision outrageous.
''Anybody in power is afraid to do something that favors Bernhard
Goetz for fear of being labeled a racist by the fringe elements,'' he
said. ''So he sits and rots.
''He's angry. He's frustrated,'' Baker said of Goetz. ''He doesn't
belong there.''
Goetz began serving his sentence Jan. 13 after appeals in the state
courts failed. On Monday, the U.S. Supreme Court refused to reverse
the conviction.
AP-NY-03-04-89 0550EST
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