Citing First Step Act, judge tosses life sentence for man who built bomb that killed Boston police officer in 1991 – The Boston Globe
A federal judge on Friday voided the life sentence of Alfred W. Trenkler, saying he should die a free man despite building a bomb that killed Boston police officer Jeremiah Hurley and maimed his partner in Roslindale in 1991.
In a 53-page ruling, US District Court Judge William E. Smith said Trenkler would not be granted medical release, a petition that drew public attention last month, because he has been vaccinated against COVID-19 and the prison in Tucson where he is serving his sentence currently has no reported infections.
But Smith found an extraordinary and compelling reason under the First Step Act, a sentencing reform measure passed in 2018, to void Trenkler s current life sentence and replace it with a fixed term of 41 years. Trenkler, 65, has served 27 years since his 1993 conviction. Federal sentences are reduced by about 15 percent for good behavior.
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The nature of the crime here was truly horrible, in design and effect, Smith wrote Friday. The bomb easily could have killed more people, including children. This depravity cannot be ignored.
But Smith said his duty was to administer justice with a measure of mercy and determined that a sentence of 41 years would be one that reflects the seriousness of the offenses, promotes respect for the law, and provides just punishment.
Nancy Gertner, a Harvard Law School professor and retired federal judge, welcomed Smith s decision to void the life sentence, but said she remains convinced that Trenkler is innocent and that he still faces life-threatening health challenges.
I’m sure my little brother will come in for some criticism with this decision.
H/t WS.