Adam Joseph Longoria told Barton County District Judge Hannelore Kitts on Monday that he didn’t want to attend his sentencing the following morning, since he already knew what the outcome would be. His chair in court remained empty on Tuesday.
Kitts held a hearing Monday attended by Longoria; Wichita attorney John Val Wachtel, representing Longoria; and Kevin O’Connor and Andrew Bauch, assistant attorneys general. O’Connor objected to Longoria’s decision not to attend sentencing, but couldn’t provide a case showing he was required to attend.
The following is from the court transcript of that hearing:
O’CONNOR: “Nevertheless, the State objects to Mr. Longoria absenting himself from sentencing. He exercised his constitutional right to a trial, and at least in the State’s opinion, he didn’t get the result that he wanted. So now he doesn’t want to show up to maybe face the family in this case that the State believes has a right to state their feelings, their position at least in his presence, maybe not directly to him, because we understand that they ought to be talking to the court, not to the defendant. But just as a public policy reason, the defendant should have to face the music, so to speak, and based upon that, we would object to him absenting himself from the court. ...”
Wachtel agreed to check with Longoria on Tuesday morning to see if he’d changed his mind about attending. He hadn’t.
KITTS: “Mr. Longoria ... I want to hear from you why that is that you do not want to be here for sentencing.”
LONGORIA: “Well Judge, I first — first most, I believe that my being found guilty has showed that my sentencing, whether I get a life sentence or — that’s the only thing that I can get is a life sentence. Therefore, I shouldn’t have to be present to be found on the stage of being given the sentencing when I have already been found guilty. Same I don’t want to be a part of the media spectacle, also for the safety — for my safety as long — as well as the officers and anybody else involved, which I know everybody can say that we can ensure the safety, but I just don’t want to be put in that kind of situation. At the same time, I feel that my punishment has already been given to me being found guilty of the crime that I was accused of.”
KITTS: “Okay. Mr. Longoria, obviously, you understand that you have the right to address the court in your own behalf, and you have done that throughout your — this whole procedure. So you are aware that this is your right that you have the right to address the court, and you had at one point announced that you wanted to do that, and now is your opportunity, and now you do not want to take advantage of that.”
LONGORIA : “Well, you’re correct, Your Honor. I have made it publicly clear that I did want to make a statement, but as I also know, I will — or will be filing for an appeal, and anything that I say can — and it could possibly be used against me in the next trial if I’m granted a new trial, which I have been advised of counsel. Therefore, I’m trying to be a gentleman and trying just to avoid anything, and therefore accept my sentence, which I believe I have already accepted during guilty — being found guilty and therefore go forward.”
KITTS: “Well, you have not been sentenced, so obviously, that’s what we’re talking about. You have been convicted but you have not been sentenced, and that’s what we’re going to do tomorrow, and your right to allocution or the right to address the court is obviously something that is — well, an important phase in the sentencing and is the right over every defendant, and so it surprises me that you want to absent yourself and not take advantage of that.”
LONGORIA: “I would rather be absent during the sentencing, Your Honor."