55 Extreme Cruelty

On June 19, 1992, Randy was brought before Sullivan for his sentence. Brenneman and Storey had asked Sullivan to give Randy an exceptional sentence—one far longer than the normal eighteen-year minimum for first degree murder. The prosecution’s recommendation of fifty-five years meant Randy would spend virtually the rest of his life in prison. The prosecutors also wanted Sullivan to bar Randy from ever marrying again without the permission of prison officials, or buying life insurance on any other person.

After hearing arguments from the prosecutors and the defense on what the sentence should be, Sullivan asked Randy if he wanted to say anything.

“No,” said Randy. “I’ve been advised I should refrain from making a statement in view of the fact I will be pursuing an appeal.”

Sullivan nodded. “All right,” he said. Then he sentenced Randy to a year in prison for all the lesser theft charges.

“As to Count One,” Sullivan continued, “the state of course has urged an exceptional sentence, citing several different reasons, the first being that this was a major economic offense and that there was an attempt to gain at least $300,000 or more as a result of the death.

“Certainly—perhaps sophisticated is not the best word, but certainly there was planning. [It] could well be argued … that the planning commenced years ago. And certainly also there was the violation of a trust situation between Mr. Roth and his wife.”

But the key factor, Sullivan said, was the effect of Cindy’s death on Tyson and Rylie.

“The impact on the victim’s children was, I think, extreme.… The children were on the beach; and the event occurred … a mile or so out into the water. And when the boat got to shore, they observed their mother laying in the bottom of it. Also they observed the condition of her body. They observed the rather violent efforts that were made to resuscitate her, unsuccessfully. And Mr. Roth’s conduct immediately following, at the hospital and when they left the hospital, I think all indicate extreme cruelty and abuse to the children, all of which was foreseeable by Mr. Roth.…

“I received a lot of correspondence regarding this matter,” Sullivan continued. “And I suppose probably the majority of it ends up with the statement that ‘Mr. Roth should be sentenced to prison for life without parole.’” The law didn’t allow him to do that, he said. But there was little doubt that an exceptional sentence was justified. “And so,” concluded Sullivan, “I am going to sentence Mr. Roth to a term of fifty years.”

That meant, even with time off for good behavior, Randy would still have to spend at least thirty-seven years in prison—long enough to make him seventy-four when he would be released. And while Sullivan said he didn’t think he had the authority to prevent Randy from ever marrying again, he could order that Randy not be allowed to marry anyone else unless the intended new wife was completely informed about Randy’s past.

Afterward, Cody did file an appeal on Randy’s behalf. Although Cody cited a dozen different rulings by the court to justify the reversal of Randy’s convictions, the principal issue was whether the life and death of Janis Roth should have been admitted as evidence. Jan’s death, Cody continued to insist, was just a prior bad act.