On Thursday, January 14, 2016 the Idaho Supreme Court upheld the sentencing for Richard Ryan Laubach. In April 2015 Mr. Laubach set forth a motion with the Idaho Supreme Court because a previous appeal for a change in his sentence was denied at the District Court.
After much waiting we received the notification. Unlike all the previous court matters we weren't too concerned about this appeal to the Idaho Supreme Court. Why? Well let's talk a little bit about how his sentence came about.
As we were approaching deadlines for jury summons and other things for the upcoming murder trial Mr. Laubach, upon the advice of his attorneys, changed his plea from "Not Guilty" to "Guilty" under the stipulation that the minimum portion of the sentence would be somewhere between 10 and 15 years. That number was to be determined by the presiding judge. See he wanted the minimum allowable by law of 10 years, the prosecutor (and our family) wanted the minimum to be 15. The other end of the sentence would automatically be "to Life Indeterminate" so that was not an issue. Because neither side was willing to budge from their desire on the minimum HE (Mr. Laubach) agreed to let the judge determine the minimum at the sentencing hearing.
The long awaited day of the sentencing hearing came, we listened to all his family and friends tell the judge what an amazing person he is. Sorry, but it was such a side show - all saying the same thing over and over again, one would think they would better prepare to not sound exactly the same and so well rehearsed. It really was pathetic to tell you the truth. Then we listened to an amazing man, one of the police officers, testify to events of that day and then Erin and I gave our Victim Impact Statements. Then, when all was said and done, the judge did just as agreed, she set the sentence at "15 years to Life Indeterminate."
After a few months of sitting in the county jail, waiting to be transported to the state prison Mr. Laubach filed an appeal with the court to have that 15 years reduced to 10 years. The judge denied the appeal with a very detailed documentation for her decision.
After arriving at the state prison a few months later the appeal to the Idaho Supreme Court was filed. And as I said, on January 14, 2016 their decision was given and the appeal denied. Since Mr. Laubach plead guilty to 1st Degree Murder there really isn't much he can appeal about this case. However, he still has a little over a year to attempt more appeals. Whatever.
Here's my frustration with this. First, if you didn't like the sentence on the day of sentencing you should have revoked your plea agreement, changed your plea and we could have gone to trial.
But you see, he didn't want to go to trial, of course not. Because then everyone that didn't have blinders glued to their eyes or wearing permanent ear plugs that only allow them to hear what they want would see and hear what this monster did to my grandson Joey Graham!
When Mr. Laubach plead guilty he had to explain to the court how he caused Joey's death. The bastard still took no actual responsibility for what happened to Joey. He stuck with one of his stories of how Joey fell and hit his head but because he threw Joey in the air without his permission and Joey died he was guilty of 1st Degree Murder according to the Idaho Statute. His court appointed attorney told him earlier in this process to take a plea deal but instead they fired him and hired an attorney. After several more months his attorney told him to take a deal and he did. They had nothing. Oh sure, march all those character witnesses up to the stand but let me tell you when we saw the reports from their "expert witnesses" they were sunk and they knew it.
So really Mr. Laubach, you got off pretty easy, no Life without Parole, no minimum 30 years, you got minimum 15 years to Life. Your family, your friends didn't have to see the horrendous things you did to Joey. But I have seen it. I have seen every last image from his autopsy. I have seen the pictures of his brain and his skull that you crushed, I have seen all the bruises and the scratches from his tiny fingers trying to pull your hands from his throat. So don't think we won't be there every step, every appeal, every parole hearing. We will. You deserve to be right where you are. You deserve a lot less than you have. If I had my way your cell would be plastered with pictures of Joey at the hospital, of pictures of the autopsy. Live with that the rest of your miserable life Mr. Laubach. We have to, those images will never fade from our memories.
You murdered a sweet, innocent little boy. My grandson. You left a mother without her child, a little boy without his big brother. A family without their nephew and two Grandmas without their Grandson.
I do not know that his heart would ever see the harm that he has done. His heart cold and atrophied. If he could look this beautiful boy in the eyes as he drained the life from him,then how could he possibly be bothered by the sight of his lifeless body. He is not human! He is an animal with no sense of the word compassion,mercy, or remorse. I fear that he would take joy in seeing images of this caliber in his cell. He is evil, sick demented and his family is a close second. The torture that they have put you guys through is un-defend-able. They ot to be one cell down from him.
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