Santa Barbara Article on Sentencing: Courtroom Shocked

DAWN HOBBS, NEWS-PRESS STAFF WRITER

January 27, 2007 — A woman who pleaded guilty to drunken driving and vehicular manslaughter in a collision that killed her passenger was sentenced Friday to more than five years in state prison, despite impassioned pleas from the victim’s parents for leniency.

Bailiffs handcuffed Jessica Binkerd, 22, immediately following the decision and whisked her away amid anguished cries from her mother, who crumpled into the arms of the dead man’s mother, crying “Where is she going? Where are they taking my baby?”

Susan Arcady Barich, mother of the victim, Alex Baer, embraced Melanie Lorenzo as friends and family of each filed out of the courtroom, many wiping tears and shaking their heads in disbelief.

Outside, Mr. Baer’s stepfather, Alan Barich, said, “The last thing we want to see is for anyone to suffer any more from this. The judge says it’s an effective way to send a message, but I don’t buy it.

“We have a system that doesn’t seem to work and a society that doesn’t want to take care of itself and now Alex’s legacy will be this poor 22-year-old kid going to state prison. This is not what we wanted and I really question the good that is going to come from it.”

The dramatic scene capped the all-day sentence hearing in the standing room-only courtroom, during which Superior Court Judge Joseph Lodge listened to testimony — including from Ms. Binkerd — of how she works with autistic children, volunteers as a rape crisis counselor, plans to earn a doctorate in psychology and wants to help other young adults learn from her mistake.

But the judge was also shown photographs posted on the defendant’s MySpace Web page of her drinking in downtown bars with friends in the months that followed the death of Mr. Baer, a 25-year-old UCSB psychology major who worked at Devereux Santa Barbara with Ms. Binkerd.

The judge made clear that he did not think such behavior shows that she understands the magnitude of her actions the evening of Aug. 6, 2006, which resulted in the death of Mr. Baer, the injury of the motorist she slammed into head-on, Sara Maynez, 19, and the death of Ms. Maynez’s dog, Corona.
Judge Lodge stressed that Ms. Binkerd had the opportunity to take a cab home and then pointed to the pictures.

“The Bariches are impressive, loving and forgiving and you seem to be sincere in what you are saying,” he told Ms. Binkerd. “But my job is different here. I represent society and the community and I have an obligation . . . The community will not tolerate this kind of behavior.”

Ms. Binkerd, who had a blood-alcohol level of .20, and Mr. Baer were on their way back to Santa Barbara from a party when the collision occurred on Highway 154 near Calle Real.

Probation officials recommended that Ms. Binkerd serve 270 days in County Jail. Instead, she will serve 85 percent of a sentence of five years and six months at Chowchilla State Prison.

Outside the courtroom, Ms. Barich, who wanted Ms. Binkerd to receive probation, said: “We’re all shocked . . . I think she would have done a lot better work in the community. She could have saved lives. Now, I don’t know that she can.”

The Bariches, who spoke to Ms. Binkerd by phone prior to the hearing, met her and her mother for dinner Thursday evening.

“I think we shift our energy now to the prison, to help Jessica and other women there,” Ms. Barich said. “If the judge thinks that sending her to prison will save lives, then he can live with that. I’m going to do something else.”

Defense lawyer Steve Balash, who appeared visibly upset after the sentencing, said: “Her life has pretty much ended now . . . The one thing learned from this case is you never waive your rights. Jessica waived her rights and cooperated and everything she said was turned against her. You’re much better off not to say a word to law enforcement.”

Mr. Balash noted that the judge has 120 days to recall his sentence and said he is going to request a prison counselor evaluate his client, who has no prior criminal history, and perhaps recommend she be resentenced to County Jail.

Mr. Baer’s girlfriend, Paige Reid, noted, “She still has her life. It’s not over . . . I’m hoping that she can continue to work on positive things no matter what.”

Friend Reid Spencer and Ms. Reid have planned a concert at SOhO for April 13 called “Another Way Home” as a way to raise awareness about drinking and driving.

“I hope this echoes out as a wake-up call to a lot of people,” Mr. Spencer said.
Mr. Baer’s sister, Heidi Davis, said, “I think this is a bit too harsh. I feel really awful for Jessica.”
However, Deputy District Attorney Kimberly Smith, who requested that Ms. Binkerd be sentenced to the maximum of six years in state prison, insisted that justice was served.

“As I argued to the court, forgiveness is a part of healing, but it’s not an excuse or justification or in any way minimizes the defendant’s responsibility,” she said.

The prosecutor added that the evidence did not fit the account given by Ms. Binkerd, who has maintained that a vehicle suddenly stopped in front of her and she had to veer to keep from slamming into it.

“In combination with the emotional, physical and mental suffering Sara Maynez has gone through, and all of her conduct in general, the judge really had no choice but to give the sentence he did, given the magnitude and gravity of the crimes,” Ms. Smith said.

e-mail: dhobbs@newspress.com

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