David Moses' defense attorney pleaded with the court Thursday, to give Moses a sentence of 25 years to life. Moses was 17 when he beat 81-year-old Dorothy session to death and the judge said Moses was not a suitable candidate for probation, because it was a callous, savage beating.
Moses laid his head on the table during Thursday morning's sentencing. It was the same scene last month, when a jury found him and Katila Nash guilty of first-degree murder for Session's death. The judge declared a mistrial for the third defendant, Angelique Nash.
Prosecutors say the trio were randomly knocking on doors in April 2010 when they came to Session's home in east Bakersfield. They said after Session let them in, Moses beat her to death. Prosecutors believe Angelique Nash was acting as a lookout for the two.
Session's grandson found her bloodied and so badly beaten she suffered severe brain damage. Session was described by her family as a caring, gentle spirit that loved to garden and spend time with her family. "Momma's been gone for 2.5 years now and I can't begin to tell you how much she's been missed. This is something my mother made. She gave this to me at my last birthday before she died. Something that I will treasure," says Elaine Covert, victim's daughter.
"I'm going to ask the court to take into consideration this same hope that this family is going to use to keep them going, is to give this young man hope. Hope that he may one day get to be in front of a parole board," says Jano Mattaeo representing David Moses.
But Judge Gary Friedman did not agree with Moses' defense attorney. He said Session was a frail, defenseless grandmother, attacked in her own home, in an extremely brutal, savage and cowardly beating and it would be impossible to impose a more lenient sentence.
Katila Nash was also in the courtroom, but her defense attorney, Richard Rivera asked to file a motion challenging the special circumstance of burglary. Nash's sentencing was continued to November 13. She faces 25 years to life.
