The Colorado Supreme Court is considering whether to free a convict who was sent back to prison after being mistakenly released 90 years early.
An attorney for Rene Lima-Marin told the court Thursday that it was cruel and unusual punishment to put him back behind bars after he started a family and reformed his life.
A judge in 2000 sentenced Lima-Marin to a total of 98 years in prison for multiple counts of robbery, kidnapping and burglary after he and another man robbed two video stores at gunpoint.
But a court clerk mistakenly wrote in Lima-Marin’s file that the sentences were to run at the same time. Corrections officials depend on that file to determine how much time an inmate should serve. Lima-Marin was released on parole in 2008. He held a job, married and had a son before authorities realized the mistake in January 2014, when a team of police officers returned him to prison to complete his sentence.
Assistant Attorney General Kathy Gillespie says the case was an unfortunate mistake but not misconduct.
Prosecutors have said Lima-Marin was fully aware of the error and never notified authorities as he set about building his life. He withdrew an appeal of his sentence in 2001, a rare move they said proves he wanted to avoid further court action that would call attention to the mistake.
