Question About Letter in Criminal Case

[PleaseClarify]

What is the name of your state (only U.S. law)? NY. A person who has worked for me (and many others) on an occasional, or contract basis for several years has been accused of a serious offense (sexual assault). I believe a weapon was also involved or present during the commission of the crime. I don't know all of the details as there was only some initial press coverage at point of arrest, but there seems to be little doubt as to his guilt (multiple witnesses and video/surveillance camera evidence). I have been asked to provide a letter on his behalf, which I assume will be used during the plea and/or sentencing phase of his case. Quite a few others, including respected members of the community, have already done the same. The accused was highly regarded with respect to his work (ran a successful business for over a decade), is in his early 40's, and has no prior criminal record. From a personal perspective he is among the most professional, and honest individuals I have ever worked with. Obviously none of this has anything to do with respect to the crime he is accused of, and if guilty he should certainly go to prison, and pay his debt to society. The fact he is not a legal resident of the country (despite being here for 20 + years), with little family support in the area, may also work against him. The person collecting letters on his behalf (a former employee of the accused) has indicated a sentence of up to 30 years is being discussed, or likely. It seems many who have very long, or extensive criminal histories, and who have committed equal or even more serious offenses have ended up with far shorter sentences, so clearly it is hoped letters may help during sentencing. My question is whether a letter becomes a part of the public record, or if it can remain confidential? I seem to recall articles in which mention was made of letters written on behalf of defendants, including author identities, even though it seems doubtful that would occur in this case. But is it possible, or can I write a letter that is only read by the judge, and that doesn't become a part of an official record that others might have access to at some point? Any feedback or advice would be appreciated.

 

[OHRoadwarrior]

If you are ashamed to have your name associated with him, you should not be writing a letter.

 

[eerelations]

Just because you've been asked to write a letter doesn't mean you're legally obliged to do so.

 

[quincy]

What is the name of your state (only U.S. law)? NY. A person who has worked for me (and many others) on an occasional, or contract basis for several years has been accused of a serious offense (sexual assault). I believe a weapon was also involved or present during the commission of the crime. I don't know all of the details as there was only some initial press coverage at point of arrest, but there seems to be little doubt as to his guilt (multiple witnesses and video/surveillance camera evidence). . . . My question is whether a letter becomes a part of the public record, or if it can remain confidential? I seem to recall articles in which mention was made of letters written on behalf of defendants, including author identities, even though it seems doubtful that would occur in this case. But is it possible, or can I write a letter that is only read by the judge, and that doesn't become a part of an official record that others might have access to at some point? . . .

If there is a public trial and the letter is read into the record at some point in time, then it becomes a public record, yes. Others could have access to it and your identity. An anonymous letter under the circumstances you describe will be of little value.

Any letter sent to the judge directly in reference to the case before him will not be read by the judge.

I agree with OHR. If you are uncomfortable writing a letter in support of someone you believe committed a serious offense, then don't write the letter.

 

[HighwayMan]

The person collecting letters on his behalf (a former employee of the accused)...

The only person who should be "collecting letters" is the defendant's attorney. I doubt any letter will do anything for him so if you have any misgivings I would just pass on it if I was you.

 

[aardvarc]

The only person who should be "collecting letters" is the defendant's attorney. I doubt any letter will do anything for him so if you have any misgivings I would just pass on it if I was you.

Agree. The only way the letters will have any impact on sentencing is if somehow the judge reads them, and that won't happen without them and the information on their authors becoming public record. If you don't want the world to know that you requested lenience for a rapist, don't write the letter.

And just so you're aware, remember that the victim of his crime has family, and friends, and a support system, too, and there have been MANY situations where those supporting the victim, including people who are total strangers to the victim, have made life a living hell for those who supported the perpetrator. Not that this should dissuade you from doing that which your moral compass tells you to, only to make you aware that there can be unintended consequences. Wanting to write a letter of support isn't the same as wanting your name or family associated with the case in ways you've not imagined (police response can be kind of slow to calls of "there are people pacing on my sidewalk with signs that say "rapist lover""). Stranger things have happened. So just be aware that participation WILL link you (and your family) to the case, and this can have bigger ramifications. If you have a spouse or children, sit down with them and discuss what'll happen should you participate and your spouse is ostracised at work, or the parents of your children's friends won't allow your children into their homes any more, or any of the other bazillion ways that your association and support could play out negatively for your family as a whole.