Barbara Sheehan will have to wait on word as to whether a higher court of appeal will hear her request for reduction of sentence. Robert Stridiron/The Forum Newsgroup
In an exclusive interview with The Forum over the weekend, Barbara Sheehan says she was devastated when the Appellate Division of the Supreme Court, Second Department upheld the sentencing decision that intends to send her to prison for five years.
Sheehan and her attorneys were hoping that the court would have at least ruled to reduce the sentence, however they voted 3-1 in favor of upholding the maximum term of the sentence.
Under the current decision, with good behavior factored in,she would have to serve a total of three years and eight and a half months.
Speculation continues to swirl around the sentence, which many consider to be extremely harsh, especially given her acquittal on the much more serious charge of murder. It has been suggested that perhaps Sheehan’s case and sentencing is being used as a deterrent in similar cases—intended to send a message that the murder of boyfriends or husbands where domestic violence is indicated is not an acceptable option.
But as Sheehan points out, her case did not involve murder—it was decided by the jury that she acted in self defense and that her actions were justifiable. “And really who would be saying when you are in a live or die situation, ‘oh wait, let me not do this because Barbara Sheehan got 5 years,’” questioned Sheehan. “If you are in a position where you are defending your own life, I don’t think you are going to stop and think about my case.”
The sentencing for conviction on illegal possession of a gun has been hotly debated since it was handed down nearly two years ago. The gun itself belonged to her husband, was legal and, by regulation of the NYPD,it should have been locked up at all times, which Sheehan maintains it never was. Sheehan maintains that the harshness of the sentence imposed for the charge basically makes no sense. “I was charged with illegal possession of a legal gun and it was proven in court that he was not dead when I picked up the second gun. He was not dead and I still felt threatened.”
Sheehan says that she has some consolation because of the fact that she has seen both of her children make successful professional strides in their careers as well as in their personal lives, with both having gotten recently married. But despite those moments, it still remains increasingly difficult on the children, as well as the rest of her family and friends, that she will likely start serving the sentence next week.
The attorneys assigned to her appeal have filed for consideration to have the sentencing ruled on by the next higher court of appeal; however, it is a court which agrees to hear very few cases.
In consideration of how she views the support she’s had thus far, Barbara Sheehan says it has been a phenomenal blessing to her. “The support I have had—starting with the community that I live in, my friends and family, where I work—I can’t begin to say how much [support] I have had, and what it means to me.” She says that letters, emails, cards and people stopping her on the street continue to fuel her hopes.
While she hopes that the next level of the appeals process returns a more favorable result, Sheehan says that if she must face prison, she will do so with a plan to finish her degree in social work, as well as using some of her time on the inside helping those people with domestic violence issues in their lives. “I’m taking every day as it comes, counting on my faith and trying to preserve my trust in the justice system.”
If there is no word from the court before next week, Barbara Sheehan will surrender to begin serving her time on June 21.
By Patricia Adams
