The mitigation hearing for Oscar Selgado concluded today with closing submissions. In a little over two weeks, Selgado will know whether he will be sentenced to prison, or if the court will show leniency and hand down a non-custodial sentencing - which his attorney is arguing for.
Today after the hearing, Arthur Saldivar explained what the court will have to take into consideration when determining the sentencing, which includes - as Saldivar mentioned in his arguments - Selgado's mortgage and his health.
He explained that his client, having been convicted, should face consequences, but they must match his particular situation.
Here's how he put it.
Arthur Saldivar, Attorney
"Every crime is an offense against the state so the interest of the general public looms large under these circumstances. Suffice for me to say what also looms large if the particular status of the offender in this case, him being an attorney at law and the person imbued with special knowledge of the law and what is right legally and wrong, not only legally but morally. So these things looms large and these things have to be taken into consideration. Also what has to be taken into consideration is the health of the offender so with all this, myself in representing on behalf of Mr Selgado had to place as many as possible issues for the court to consider in his favor while at the same time not negating the existence of those issues that goes against him."
"What I was seeking to do by seeking to introduce that matter, it was not being done in a flippant manner at all, was simply being done to say listen, this man made a mistake, for all intents and purposes, for which he is being punished and rightfully so. This punishment may lead to him losing his life, it may also lead to him losing other things if not his life, things that he was actively pursuing for his own benefit and the benefit of his family, but that is not to say that because of the existence of these things, he is not to be considered favorably to the exclusion of any other person in society under similar circumstances. What we're I'm saying is this is simple a part of the compendium of factors that are peculiar to him."
"No one is suggesting on the defense side that Mr Selgado not be punished, what we're saying is that imprisonment is not the only punishment that can be meted out and that where imprisonment has the prospect of leading to death, that is too severe a penalty for the crime committed."
