Amicus Brief of Crime Victim’s Representative Nelson Rivera
Nelson Rivera
SummaryOriginal

Summary

Crime victims have a constitutionally based right to rely on the finality guarantees of the Maryland Uniform Post-Conviction Procedure Act.

2021 | State Juristiction

Amicus Brief of Crime Victim’s Representative Nelson Rivera

Keywords LWOP; murder; life without parole; victims' rights; resentencing; incorrigibility; retroactive relief
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Summary of Argument

Crime victim Lori Ann Lewis-Rivera was one of six Maryland strangers murdered by Malvo and his codefendant, John Muhammed. She was the wife of Amicus Nelson Rivera, the victim’s representative, and the mother of their then six-year-old daughter. Lori Ann’s murder devastated the lives of her husband and her daughter, whose family life ended forever. Her survivors moved out of their residence to try to recover their privacy and to be spared some of the daily heartache from this tragedy. The victim’s daughter’s life since then—her childhood, her preteen and teen years, her young adulthood—passed without her mother’s love, praise, and guidance. These victim losses and Md. Code, Crim. Proc. (CP) §7-105 (victim’s rights during post-conviction proceedings), CP §11-503 (same), and Rule 4-345(e)(2)&(3) (same) trigger the victim representative’s rights guaranteed by Article 47 of the Maryland Declaration of Rights.

Malvo acknowledged the ongoing damage he caused his victims when, at his sentencing, he accepted “full and unmitigated responsibility...without excuse...without blaming other people” (E.125), i.e., not his codefendant nor his friends or relatives, for “what I’ve done to the families and friends” of the murdered victims (E.126). He stated, “I know that I destroyed many dreams and many more lives, and that each of you relive this every morning, every birthday, every anniversary, every time you look in your children’s eyes. You relive it...every day. I also think of the pain and loss I have inflicted on them...and the pain this absence and emptiness causes a child” (E.126). Malvo made that statement, accepting full responsibility for his actions, in support of his request that his six sentences all be imposed concurrent to each other and concurrent to his Virginia sentences, thereby adding no days of incarceration for his six Maryland murders (E.123). At that time, Malvo’s defense team, which had been preapproved by his current counsel (E.124), asked the court to consider Malvo’s “efforts to cooperate and aid families in closure...not only in this jurisdiction...[but also] to bring closure to the family in Arizona” (E.122). Now Malvo seeks a new sentencing hearing that is contrary to and undermines his prior efforts to provide closure for his victims’ families.

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Summary of Argument

This brief analyzes the legal standing of victim representative, Nelson Rivera, in the sentencing review of Lee Boyd Malvo. Mr. Rivera's wife, Lori Ann Lewis-Rivera, was tragically murdered by Malvo and John Muhammed. This act constituted one of six Maryland murders perpetrated by the defendants. The Rivera family, including their six-year-old daughter, suffered irreparable harm due to this crime. The profound impact of the murder necessitated relocation to preserve privacy and mitigate the constant reminders of their loss. Mr. Rivera’s daughter was forced to navigate childhood and adolescence without her mother's presence, experiencing a significant void in her life. These enduring consequences, in conjunction with Md. Code, Crim. Proc. (CP) §7-105, CP §11-503, and Rule 4-345(e)(2)&(3), which address victims' rights during post-conviction proceedings, form the basis for Mr. Rivera's legal standing as guaranteed by Article 47 of the Maryland Declaration of Rights.

During his initial sentencing, Malvo accepted "full and unmitigated responsibility" for his actions, acknowledging the profound and lasting impact of his crimes on the victims' families (E.125, E.126). He expressed awareness of their daily struggle with grief and trauma, recognizing the devastation he caused. Malvo's statement, expressing remorse and taking ownership of his actions, was made to support his request for concurrent sentences, aiming to minimize his punishment. His defense team, with the approval of his current counsel, highlighted Malvo's efforts to cooperate and provide closure for the victims' families, including those in Maryland and Arizona (E.122, E.124). This appeal for a new sentencing hearing directly contradicts Malvo's previous attempts to provide closure and accept responsibility, potentially exacerbating the suffering of the victims' families.

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Summary of Argument

Lori Ann Lewis-Rivera was tragically one of the six victims in the Maryland sniper attacks perpetrated by Malvo and John Muhammed. Amicus Nelson Rivera, her husband and representative for the victims, along with their six-year-old daughter, suffered an immeasurable loss due to this crime. The impact of Lori Ann's murder forced the family to abandon their home in search of privacy and a reprieve from the constant pain. Her daughter has grown up without a mother's guidance and love, enduring the absence through every milestone. These profound losses, coupled with legal statutes (Md. Code, Crim. Proc. (CP) §7-105, CP §11-503, and Rule 4-345(e)(2)&(3)), uphold the victim representative's rights as guaranteed by Article 47 of the Maryland Declaration of Rights.

During his sentencing, Malvo acknowledged the enduring suffering he inflicted. He accepted "full and unmitigated responsibility," emphasizing he wasn't blaming anyone else, particularly not his co-defendant, friends, or family. He recognized the depth of his actions, stating, "I know that I destroyed many dreams and many more lives," acknowledging the perpetual pain he caused. He expressed awareness of the impact on the victims' children, saying, "I also think of the pain and loss I have inflicted on them...and the pain this absence and emptiness causes a child." His statement, emphasizing complete accountability, aimed to support his request for concurrent sentences for his Maryland crimes, ensuring no additional prison time beyond his Virginia sentences. Furthermore, his legal team, with his current counsel's approval, highlighted Malvo's "efforts to cooperate and aid families in closure," including families outside of Maryland. Malvo's current pursuit of a new sentencing hearing contradicts his previous actions and undermines his attempts to provide closure for the families of his victims.

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Summary of Argument

Lori Ann Lewis-Rivera was one of the people murdered by Malvo and John Muhammed in those terrible shootings. Her husband, Nelson Rivera, is now speaking up for her and the other victims. Lori and Nelson's daughter was only six years old when her mom was killed. Having to move, losing their privacy, and constantly being reminded of the tragedy made life incredibly difficult for the family. The young girl had to grow up without her mother's love and support. Maryland law gives crime victims and their families rights; that's why Mr. Rivera is allowed to speak at these hearings.

Malvo himself admitted that he caused all this pain. When he was sentenced, he said he took "full responsibility" for hurting victims' families. He knew he'd "destroyed many dreams" and that the families would think about their loss every single day. He even said he realized how much his actions hurt the children who lost parents. He said all this because he wanted his sentences to be shorter. He and his lawyers claimed he was trying to help the families find some peace by taking responsibility. Now he's asking for a new sentencing, which Mr. Rivera says just reopens old wounds.

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Summary of Argument

Lori Ann Lewis-Rivera was a mom who was killed by a man named Malvo and another person. Lori Ann's husband, Nelson, speaks for her and their daughter, who was only six years old when her mom died. Lori Ann's family was heartbroken, and they even had to move to try and forget the sad things that happened. The little girl grew up without her mom's love and hugs. It's really important for families to be a part of what happens when someone is found guilty of a crime, and that's what laws in Maryland say should happen.

When Malvo was told he was going to jail, he said that he took "full responsibility" for hurting so many people. He knew he had hurt families like Lori Ann's, and he knew they thought about what he did every day. He even said he understood that the families felt pain every time they looked at their children. Malvo said all of this because he wanted to go to jail for a shorter amount of time. Now, he's trying to get a new trial, which would make the family have to think about these awful things all over again.

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Footnotes and Citation

Cite

Amicus Brief of Crime Victim’s Representative Nelson Rivera, Lee Boyd Malvo v. State of Maryland, No. 29 (Md. Ct. Spec. App. Sept. Term 2021).

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