A woman who was sentenced to six years in prison for killing her autistic 13-year-old son in a house fire could receive more time behind bars due to a court error.
Cayuga County District Attorney Jon Budelmann said Michelle Davis, 45, never received the state mandated post-release supervision when Cayuga County Judge Peter Corning sentenced her to prison on June 8, 2000.
During a hearing in Cayuga County Court on Monday, Budelmann said his office wanted to impose the post-release supervision onto Davis, which would annul her prior sentence, and allow him to attempt to re-sentence her to a longer term of incarceration.
“We are in the justice business, and our job is to do justice,” Budelmann said. “Six years in prison was not justice for the life of a 13-year-old child.”
Davis had admitted during her original case that she lit the stairwell of her Fleming house on fire while her son, Daniel Leubner, was upstairs.
An autopsy confirmed that Daniel died in his sleep due to smoke inhalation.
Under the state law, Budelmann said anyone who received a determinate prison sentence for a violent crime was required to receive the supervision because they would not be eligible for the parole that came with an indeterminate term of incarceration.
Because Davis was never promised any specific amount of time in prison, Budelmann said she could receive up to an additional 19 years with credit for the time she had already served.
But Davis' defense attorney, David Elkovitch, said he believed the DA's attempt to re-sentence his client was un-American, unethical, unfair and unjust.
“If someone has already paid their debt to society, and all of a sudden, just because of a mistake made by two other people, none of whom was Michelle Davis, you punish her for it, that's senseless,” Elkovitch said.
Visiting Monroe County Judge Elma Bellini, who stepped in after Cayuga County judges Mark Fandrich and Thomas Leone recused themselves from the case, said she would listen to arguments from both sides on Nov. 10 on whether or not Davis' sentenced could be lengthened.
Leone said he had to pass on the case because he use to represent Daniel's family in Cayuga County Family Court, while Fandrich said one of his current employees worked as co-counsel for Elkovitch during the original case.
During Monday's proceedings, Elkovitch said his client was willing to accept adding five years of post-release supervision to her sentence, but may withdraw her plea if the DA is allowed to pursue re-sentencing options.
And because Davis had been monitored since her release in 2005 by the state Department of Corrections, who had attempted to illegally impose the supervision without a court order, she would have been credited with some time already served, Elkovitch said.
“She was almost done with it any ways so she wanted to take it,” Elkovitch said. “She would have already have done 3.5 years of the post-release supervision, and she had already served her time in prison.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
During a hearing in Cayuga County Court on Monday, Budelmann said his office wanted to impose the post-release supervision onto Davis, which would annul her prior sentence, and allow him to attempt to re-sentence her to a longer term of incarceration.
“We are in the justice business, and our job is to do justice,” Budelmann said. “Six years in prison was not justice for the life of a 13-year-old child.”
Davis had admitted during her original case that she lit the stairwell of her Fleming house on fire while her son, Daniel Leubner, was upstairs.
An autopsy confirmed that Daniel died in his sleep due to smoke inhalation.
Under the state law, Budelmann said anyone who received a determinate prison sentence for a violent crime was required to receive the supervision because they would not be eligible for the parole that came with an indeterminate term of incarceration.
Because Davis was never promised any specific amount of time in prison, Budelmann said she could receive up to an additional 19 years with credit for the time she had already served.
But Davis' defense attorney, David Elkovitch, said he believed the DA's attempt to re-sentence his client was un-American, unethical, unfair and unjust.
“If someone has already paid their debt to society, and all of a sudden, just because of a mistake made by two other people, none of whom was Michelle Davis, you punish her for it, that's senseless,” Elkovitch said.
Visiting Monroe County Judge Elma Bellini, who stepped in after Cayuga County judges Mark Fandrich and Thomas Leone recused themselves from the case, said she would listen to arguments from both sides on Nov. 10 on whether or not Davis' sentenced could be lengthened.
Leone said he had to pass on the case because he use to represent Daniel's family in Cayuga County Family Court, while Fandrich said one of his current employees worked as co-counsel for Elkovitch during the original case.
During Monday's proceedings, Elkovitch said his client was willing to accept adding five years of post-release supervision to her sentence, but may withdraw her plea if the DA is allowed to pursue re-sentencing options.
And because Davis had been monitored since her release in 2005 by the state Department of Corrections, who had attempted to illegally impose the supervision without a court order, she would have been credited with some time already served, Elkovitch said.
“She was almost done with it any ways so she wanted to take it,” Elkovitch said. “She would have already have done 3.5 years of the post-release supervision, and she had already served her time in prison.”
Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net
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