Custodial dad sentenced to 48 years for death of 3-year-old daughter (Sterling, Colorado)

You have to wade through a lot of verbage before you find out dad MARK WEEKS was custodial--and even then you have to deduce that fact (i.e. reference to step). Here we have a dad with a record of a previous violent felony (i.e. assault) and evidence of previous child abuse. Yet despite his "anger" problems, he got custody of a young girl anyway. No mention of what happened to the mother here--or in previous postings, except that she appears to live in California. See here.

http://dastardlydads.blogspot.com/2010/07/custodial-dad-step-arrested-in-death-of.html

Again, we have to ask the same questions that we raised in 2010. What California judge gave this abusive father with a criminal history of assault custody of a young girl? How did Dad get moveaway permission in a state that routinely denies these rights to mothers? Was Mom denied all visitation? Why? Especially since she's apparently not the homicidal one?

Notice that the authorities come up with one bland and totally ineffective solution: parental education. What we don't need is useless "education" targeting violent felons and child abusers. What we need is more education directed to the public so they know the abuses that the courts are committing in the public's name.

INVISIBLE MOTHER ALERT

http://www.journal-advocate.com/sterling-local_news/ci_19783550

Mark Weeks sentenced to 48 years for child abuse in Alexis McClain murder case
Will serve concurrent with life sentence on murder conviction
By Sara Waite Journal-Advocate managing editor
Posted: 01/20/2012 01:34:32 PM MST

STERLING -- Mark Weeks sat handcuffed and looking down at his lap through much of the sentencing hearing at Logan County District Court Thursday.

Weeks appeared before Judge Michael Singer to be sentenced on a charge of child abuse causing death related to the murder of his 3-year-old daughter, Alexis McClain. After a request for a change in venue by the defense, Weeks was convicted by a Morgan County jury on that count and a primary charge of first degree murder of a victim under 12 by one in a position of trust on Nov. 8, 2011. The mandatory sentence of life without parole was imposed immediately, but there were some questions to be answered before sentencing on the second count could be done.Weeks returned to Logan County Court for that sentencing because Singer had only granted a change in venue for the trial itself, not for the entire case.

In court Thursday, the defense team of public defenders Damon Brune and Thomas Ward was offered the first opportunity to enter an argument on the sentencing but declined.

Chief Deputy District Attorney Brittny Lewton, representing the People of Colorado, argued that while the law requires that charges related to the same crime against the same victim require a concurrent sentence, she felt the evidence in the case proved that there had been distinct acts that would warrant a consecutive sentence. She cited testimony of prior abuse and evidence of past injuries, saying "the act that killed (Alexis) was separate, or perhaps a culmination, of all the other acts."


Lewton also noted in her argument that the case had been a difficult and emotional one for all involved. She said it involved the most "dismaying and disgusting set of facts" many of the investigators and legal team had ever seen. However, she said, Weeks never showed any signs that he felt remorse, during any phase of the investigation or trial. She said if there had been any doubt about his role in Alexis's death, it was cleared up by his lack of emotion, even when autopsy photos of the child were displayed in court.

"We hope he suffers every day," she told the judge. "There is never going to be a punishment that is good enough."

She offered praise to those who were involved in the case, saying they all gave " the best fight we could have put forward" from the day in July 2010 that the Logan County Sheriff's Office began investigating the allegation of child abuse and the toddler's death. She said the professionalism demonstrated on the case showed that the justice system works.

She also noted that the DA's Office is tasked to represent the state -- not the victim, "We do give voice to those who have none."

"That child, when she died at the hands of her father -- that was a gift to her," setting her free from the torture and abuse that she had experienced, Lewton said.

The defense offered no rebuttal to the argument, and Weeks declined the opportunity to address the court before Singer handed down his decision.

Singer cited case law and questioned whether there were distinct enough acts to impost a consecutive sentence. He noted that the Colorado legislature has made it clear that courts should maximize the intent of a jury's verdict. However, he felt the jury was given the task of weighing two different theories on the same incident. The jury rejected the idea that Alexis's step-mother, Ginger Weeks, who pled guilty to a reduced charge in exchange for testifying against her husband, was the only guilty party or that the death was an accident, and found Mark Weeks guilty on both, Singer said.

Singer said the evidence made it clear that Alexis died of blunt force trauma, but what exactly happened on the morning of July 8, 2010, is a mystery that may never be made clear. The evidence presented showed a pattern of conduct of abuse, as Alexis's body had a number of bruises of varying ages, and signs that she was healing from a broken rib. However, the cause of death was same, and he felt it required a concurrent sentence.

"If I could impose a consecutive sentence, I would do so," Singer said.

The circumstances of the case, as well as a 2005 assault conviction in which Weeks apparently was involved in an unprovoked fight in California, led Singer to issue an aggravated sentence. He said it was evident that Weeks has no control over his anger and was unable to cope with the challenge of caring for a 3 year old.

"Nothing the court does today can satisfy Alexis's interests," he said before handing down a sentence of 48 years, with five years of mandatory parole.

He addressed Weeks, saying, "I hope before you meet your maker you find out who you are... and beg to make amends."

Lewton said today that she wasn't surprised at the judge's decision that Weeks would serve concurrent sentences, and that the system had done the best it could. The important thing, she said, was that Weeks will "never hurt anybody again."

The case was "really, really sad," Lewton said, and while she's glad it's over, she can't be happy because of the circumstances surrounding it.

She said one message that was made clear through the course of the case was that there is a need for parenting education. There's not one right way to raise a child, she said, but "All parents struggle," and need to know how to react to challenges like potty-training issues and other frustrations