Letter: Judge should have allowed victims to speak

Friday, Aug. 15, 2003 | 8:54 a.m.

The road to attaining and assuring significant rights for crime victims has been long and tedious. Crime victims have been subjected to those in the system who would prefer they not be seen or heard. Myself and others were convinced the only way to improve a system that was designed to protect only the accused and guilty was to take action on behalf of victims. Our goal was not to reduce the rights of the accused or convicted, but rather to equal the rights of the victim.

We supported a state law, which was passed in the early 1990s, guaranteeing crime victims and their close relatives the right to give a statement at the time of sentencing. This law was followed by a constitutional amendment, to assure that the law would not be violated and that victims would be heard.

Clark County District Court Judge Kathy Hardcastle, however, recently chose to ignore the law. She denied Josie Hsueh, the victim of a drunken driver, the right to present her and her father's victim impact statements. Clearly, victims have a right to speak as long as they meet the legal requirements, which Ms. Hsueh did. Judges have a responsibility to follow the law and listen, which Judge Hardcastle did not. There is no acceptable excuse for Judge Hardcastle's blatant disrespect for the law and our constitution. This disrespect amounted to the re-victimization of Ms. Hsueh and her father.

SANDY HEVERLY

Editor's note: Sandy Heverly is the executive director of STOP DUI, a Nevada nonprofit organization that works to prevent driving under the influence of alcohol or other drugs and to assist victims of the crime.