Murder victim's relatives criticize sentencing plan for Marshall

BY ANN GIVENS | ann.givens@newsday.com

10:08 PM EST, December 3, 2007

Murder victim Denice Fox's family blamed a Nassau County judge Monday for imposing a lifetime of worry on them by refusing to sentence murderer Evan Marshall to life in prison without parole.

"Judge LaPera has transferred Marshall's life sentence onto my brother and me," said Fox's daughter Rebecca, 23, noting that beginning about 30 years from now she and her brother, Andrew, will be forced to fight to keep Marshall behind bars when he comes up for parole every two years.

Fox's murder stunned the Island a year ago because of its shocking brutality. The retired school teacher's body was found dismembered in two trash cans in Marshall's Glen Cove basement, and her severed head was found in the trunk of Marshall's car. Police also found evidence of violent sexual fetishes, including several mannequins and mannequin heads, sadistic and violent pornography and horror videos.

About three months ago, Marshall pleaded guilty to all 13 crimes he was charged with, including first-degree murder, burglary and first-degree assault for hitting a jogger with his car the morning before the murder. In doing so, he negated the district attorney's role in deciding his sentence, leaving it entirely up to LaPera, who said he would sentence Marshall to 30 years to life.

Standing behind the Fox family Monday outside State Supreme Court in Mineola were District Attorney Kathleen Rice and First Vice President of the Nassau County Police Department Detectives' Association Mike Walsh. Rice said she pushed for the maximum sentence for Marshall -- life without parole -- from the start, but had no say when Marshall pleaded guilty as charged.

"Evan Marshall deserves to be behind bars for the rest of his life," she said, echoing what her trial prosecutor said outside court after the guilty plea.

But Marshall's lawyer, William Keahon of Islandia, said that in earlier negotiations with prosecutors about a month before the plea, Rice told him she would accept a sentence of 40 years to life. He said it's disingenuous for her to play the tough guy now.

"It was very clear that she was never seeking life without parole," Keahon said. "Ms. Rice is too young to be having problems with her memory."

Rice spokesman Eric Phillips denied Keahon's claim. Nassau court spokesman Dan Bagnuola said LaPera, who is set to retire next month, is prohibited from discussing any open case.

It was not the first time that LaPera had taken heat from law enforcement for one of his sentencing decisions. About a year ago, the Detectives Association spoke out against LaPera for sentencing Ernest Colon to 12 years in prison after he pleaded guilty to an Oceanside home invasion in which Colon attacked the homeowner with a screwdriver. They said Colon deserved to serve more than twice that long.

Denice Fox's husband, Jay, said at the news conference that he will not sleep easily knowing that Marshall could be on the streets again one day.

"What message does this send the community?" he said. "Defendants have been given the maximum sentence in cases that are far less brutal than this one."