HELP EDUCATE THE JUDGE
Posted: Wed Mar 12, 2003 8:46 pm
We need help educating the judge who will sentence the man who paralyzed our son’s arm.
Some of you may remember the letter I wrote last year about the attack on my son, Joshua Kolsrud. Josh is a student at Arizona State University. On February 13, 2002, Josh was standing on the sidewalk by his friend’s car, in Tempe, Arizona, where ASU is located. They had been attending a community-sponsored “Fat Tuesday” party. Josh was talking on his cell phone, when a stranger “bumped” into him. Josh told him to watch where he was going, and went back to his telephone conversation. The guy took a few steps, then turned and charged Josh with a knife. He cut Josh under his left arm, circumnavigating all but about an inch of the top of the arm. He cut down to the bone, severing all the arteries, veins, tendons, and the brachial plexus nerve bundle under Josh’s arm. The police later told us that this man had been “bumping” people all evening, but that Josh was the only person who said anything to him about it.
Josh didn't die. They saved his life and reconnected the main artery and vein in his arm. A few days later, when they knew Josh would survive and that the surgery wouldn't be “wasted,” our insurance company authorized the “repair” of his severed nerves. I'm sure none of you will be surprised to know that Josh's arm and hand are now paralyzed.
The man who stabbed Josh was identified and arrested though the Silent Witness program here in Phoenix, Arizona. A jury convicted him of aggravated assault with a deadly weapon last month. His sentencing hearing is scheduled for March 26th. The judge, who will determine the sentence, has said he will consider the severity of the injury to Josh in determining the defendant's sentence. The range of sentence is five to fifteen years in prison.
There was very little testimony at the trial regarding the details of Joshua's injury. We do not think the judge understands a traumatic brachial plexus injury, how permanent it is, and how it affects Josh’s day-to-day life. There was no testimony at trial about Joshua's disability, his daily struggle with pain, the awful drugs he's on, how he will cope with life, the expenses, and all the rest of it. This is why I am writing.
The only time the judge will consider any of this evidence, and what it means to Josh’s life, is at the March 26th hearing. He will accept letters, from anyone who wishes to send one. We need people with credibility—those who have experienced a traumatic brachial plexus injury, or their loved ones who know, to write to the judge to let him know how devastating and permanent this injury is. A letter need not be long. Please help us help the judge to understand, so he will put this man in jail. He should not be let loose to hurt anyone else for a long, long time. (We think the maximum sentence is not long enough.)
If you would like to write and express your thoughts about traumatic brachial plexus injury, or your experience, or even your ideas about sentencing people who commit crimes like this, you can mail your letter to:
The Honorable Alfred M. Fenzel
Maricopa County Superior Court
201 West Jefferson
12th Floor
Phoenix, Arizona 85003
Case name: State v. John Karl Munninger, No. CR2002-091835 (Joshua Kolsrud – Victim)
Or, you can FAX your letters to (602) 506-5894.
Please try to get you letters to Judge Fenzel no later than March 21, so that he will have time to read them.
If you think of it, we’d love to have a copy of what you write. You can e-mail copies to me at nlrowen@yahoo.com.
Thank you very much for your help.
Nancy L. Kolsrud
Some of you may remember the letter I wrote last year about the attack on my son, Joshua Kolsrud. Josh is a student at Arizona State University. On February 13, 2002, Josh was standing on the sidewalk by his friend’s car, in Tempe, Arizona, where ASU is located. They had been attending a community-sponsored “Fat Tuesday” party. Josh was talking on his cell phone, when a stranger “bumped” into him. Josh told him to watch where he was going, and went back to his telephone conversation. The guy took a few steps, then turned and charged Josh with a knife. He cut Josh under his left arm, circumnavigating all but about an inch of the top of the arm. He cut down to the bone, severing all the arteries, veins, tendons, and the brachial plexus nerve bundle under Josh’s arm. The police later told us that this man had been “bumping” people all evening, but that Josh was the only person who said anything to him about it.
Josh didn't die. They saved his life and reconnected the main artery and vein in his arm. A few days later, when they knew Josh would survive and that the surgery wouldn't be “wasted,” our insurance company authorized the “repair” of his severed nerves. I'm sure none of you will be surprised to know that Josh's arm and hand are now paralyzed.
The man who stabbed Josh was identified and arrested though the Silent Witness program here in Phoenix, Arizona. A jury convicted him of aggravated assault with a deadly weapon last month. His sentencing hearing is scheduled for March 26th. The judge, who will determine the sentence, has said he will consider the severity of the injury to Josh in determining the defendant's sentence. The range of sentence is five to fifteen years in prison.
There was very little testimony at the trial regarding the details of Joshua's injury. We do not think the judge understands a traumatic brachial plexus injury, how permanent it is, and how it affects Josh’s day-to-day life. There was no testimony at trial about Joshua's disability, his daily struggle with pain, the awful drugs he's on, how he will cope with life, the expenses, and all the rest of it. This is why I am writing.
The only time the judge will consider any of this evidence, and what it means to Josh’s life, is at the March 26th hearing. He will accept letters, from anyone who wishes to send one. We need people with credibility—those who have experienced a traumatic brachial plexus injury, or their loved ones who know, to write to the judge to let him know how devastating and permanent this injury is. A letter need not be long. Please help us help the judge to understand, so he will put this man in jail. He should not be let loose to hurt anyone else for a long, long time. (We think the maximum sentence is not long enough.)
If you would like to write and express your thoughts about traumatic brachial plexus injury, or your experience, or even your ideas about sentencing people who commit crimes like this, you can mail your letter to:
The Honorable Alfred M. Fenzel
Maricopa County Superior Court
201 West Jefferson
12th Floor
Phoenix, Arizona 85003
Case name: State v. John Karl Munninger, No. CR2002-091835 (Joshua Kolsrud – Victim)
Or, you can FAX your letters to (602) 506-5894.
Please try to get you letters to Judge Fenzel no later than March 21, so that he will have time to read them.
If you think of it, we’d love to have a copy of what you write. You can e-mail copies to me at nlrowen@yahoo.com.
Thank you very much for your help.
Nancy L. Kolsrud