The attorneys for the victim in the Washington case, solo practitioner James Marsh of White Plains, N.Y., and Paul Cassell, a former federal judge who teaches at the University of Utah S.J. Quinney College of Law, are pressing forward with an appeal in Washington challenging Kessler’s restitution order issued last month. The lawyers filed two appeals on Jan. 25 in the D.C. Circuit – one a direct challenge of Kessler’s order and the other asking the appeals court to order the trial judge to award the full amount of restitution.
Calling the case’s legal issues complex and novel, judges Douglas Ginsburg, Judith Rogers and Thomas Griffith agreed to expedite the litigation. The court is scheduled to hear the closely watched dispute on Feb. 7. “The D.C. Circuit has the opportunity here to really frame the law and issue a precedent-setting ruling on how much restitution victims like Amy should get,” Cassell said. “The law is clear that district judges have to award restitution. There’s been a real split of opinion on whether victims like Amy should get the whole figure.”
Cassell said it’s unlikely Monzel has the means to cut a check for the full amount of restitution. But, Cassell said, when Monzel is released from custody in a decade and enters the work force, every dollar he pays to the victim will add up.
“This isn’t really about the money,” Cassell said. “This is about the principle of protecting the rights of crime victims.”