Inmate Released After Error Fights For Freedom - Again
DENVER (CBS4) - A Colorado inmate is asking a judge to release him from prison -- again.
Rene Lima-Marin, 38, was sentenced to 98 years in prison after robbing two Aurora video stores at gunpoint with a friend in 1998. He was mistakenly released decades early in 2008. In court Wednesday, Lima-Marin argued it is unfair for him to be back behind bars after he got a job, started a family and had good behavior while free.
"Justice is supposed to be about what's right," Lima-Marin said. "This is not right."
Following Lima-Marin's armed robbery conviction, a judge issued consecutive sentences for the crime, totaling 98 years. However, a clerk mistakenly wrote for the sentences to run concurrently in his file. The Department of Corrections relies on such files to determine the amount of time an inmate will serve. Based on that mistaken file, Lima-Marin was released on parole 90 years too soon.
"This entire situation has caused me to be a different person, a different man," Lima-Marin said of his time served in prison and his release.
As Lima-Marin spoke of his wife and kids, he became overwhelmed with emotion.
"I'm supposed to be the head of the household," he said tearfully. "I'm the person that's supposed to guide and lead them and I've been taken away from them."
Since his release, Lima-Marin has worked multiple jobs, got married and adopted his wife's son before having another child of their own. His attorney told Judge Carlos A. Samour his client was complying fully with the conditions of his parole when he was taken back prison in 2014, not long after the prison realized the error.
"Every day I get asked, 'When is daddy coming home?'" Jasmine Lima-Marin, Rene's wife, said during testimony.
Family and friends have been fighting for Lima-Marin to be freed since he was taken back to prison in 2014. The state argues, however, Lima-Marin knew he was released too soon and took advantage of the error. Lima-Marin refuted those claims when he told the court his case manager told him his sentenced changed just before he was released.
"This professional, in this field who was appointed to me, is telling me that I have 16 years, so who was I to question this professional who was appointed to me, to assist me in this process?" he said.
Now, just days before Christmas, his family is hopeful their husband and father will be home in time for the holidays.
"I know it's going to happen, so I'm just going to stay faithful and just continue to pray on it," Jasmine told reporters after the hearing.
Judge Samour did not make a decision Wednesday, saying he wanted to take his time reviewing the details of the case and the evidence submitted. He did not give a time frame for when he will decide if Lima-Marin should walk free once again.
Kelly Werthmann joined the CBS4 team in 2012 as the morning reporter, covering national stories like the Aurora Theater Shooting and devastating Colorado wildfires. She now anchors CBS4 Weekend Morning News and reports during the week. Connect with her on Facebook or Twitter @KellyCBS4.
