FILE – In this Sept. 16, 2014, file photo, Jasmine Lima-Marin talks during a meeting of religious leaders and supporters at a vigil in front of the Governor’s mansion in Denver. Lima-Marin’s husband, Rene, asked a judge on Wednesday, Dec. 21, 2016, to be released from the prison after the creation of a new life in the several years that he was free due to an administrative error that allowed him to be paroled in 2008. (AP Photo/Brennan Linsley, File)
FILE – In this May 7, 2014, file photo, Rene Lima-Marin sits for an interview with The Associated Press about the circumstances of his conviction and imprisonment in a meeting room in Kit Carson Correctional Center, a privately run prison in Burlington, Colo. Lima-Marin, who was sent to prison after he accidentally released 90 years earlier, said it was a cruel and unusual punishment to put him back behind bars after he reformed his life. A judge is considering on Wednesday, Dec. 21, or free Lima-Marin, who is the argument that it would be unfair to put him behind bars after he started a family and held a steady job after his accidental release in 2008. (AP Photo/Brennan Linsley, File)
CENTENNIAL, Colorado. – A convicted Colorado robber who was sent back to prison after he accidentally released decades before serving his 98 years in prison asked a judge Wednesday to get him released, arguing it would be unfair for him to remain locked up after he started a family, have a steady job, and reformed itself.
Rene Lima-Marin, 38, was convicted in 2000 on multiple counts of robbery, kidnapping and burglary after he and another man robbed two suburban Denver video stores at gunpoint. A judge issued him back-to-back sentences for a total of 98 years.
But a court clerk mistakenly wrote in Lima-Marin’s file that the sentences were carried out at the same time. Corrections officials depend on that file to determine how much time an inmate should serve.
Lima-Marin was released on parole in 2008. He had a steady job as a window glazer, married and had a son before authorities realized the mistake in January 2014, when a team of policemen him back to the prison to his sentence.
First Assistant Attorney General James Quinn said the case was an unfortunate mistake, but not official misconduct, such as Lima-Marin’s lawyers claim.
Judge Carlos A. Samour Jr. not immediately decide whether Lima-Marin should be released, saying he needed time to do more legal research. He got the case after Colorado’s highest court refused to free Lima-Marin earlier this year, saying that he must ask a lower court to consider his release in the place.
Lima-Marin fought against the tears when he told the judge that he was experiencing severe emotional pain because of his separation from his wife, their son and her other son, who he has adopted.
“I should be the head of the household, the person who is supposed to guide and lead them … and I have taken away from them,” he said. “I was stupid, and a stupid boy who made a mistake.”
But the prosecutors said Lima-Marin should not be released because the height of the registrar of the error and never notified authorities as he is about the reconstruction of his life.