Judge denies reduction of ‘overly retributive and unduly harsh’ sentence in murder case

A judge denied a man’s request Wednesday to reduce or modify his 60-year prison sentence passed down after he was convicted of both Sharetta Day’s murder and an assault on her young son.

Alvin Harris Jr., 40, was sentenced Dec. 21 to 40 years in prison for the Swansea woman’s 2015 stabbing death and 20 years for stabbing her 9-year-old son Nicholas Day.

Harris will serve at least 57 years of that sentence, imposed by Haida in December after the judge found him guilty in August.

On Wednesday, Judge Robert Haida denied the man’s request to modify or reduce his sentence. Previously, Haida also denied Harris’ request for a new trial, a motion filed the same day the man was sentenced.

Justin Kuehn, Harris’ attorney, argued in a motion that the sentence imposed was excessive and “overly retributive and unduly harsh.” He added that there were more rehabilitative sentencing options and that this sentence was inconsistent with other sentences imposed here and in other jurisdictions.

On Wednesday, Kuehn said that he had no additional argument and referred to the motion he had filed, as well as the arguments he made during Harris’ sentencing — that Harris has a diminished mental capacity and mental illness.

Judith Dalan, prosecuting attorney, did not add an argument Wednesday but also referred to her response filed with the court and arguments made during the sentencing hearing.

During that hearing, she reminded Haida that Harris was arrested in 2006 for holding his then-wife captive with a knife and threatening her children. She also noted subsequent orders of protection from women against Harris.

After denying the reduction request, Haida talked to Harris about the appeal process, noting Kuehn was planning on filing an appeal later Wednesday.

Haida said once the appeal was filed, a team of lawyers with the Fifth District Appellate Court would review the case and be in contact with Harris.

This story was originally published January 3, 2018 at 3:01 PM with the headline "Judge denies reduction of ‘overly retributive and unduly harsh’ sentence in murder case."