A Twin Valley, Minn., man convicted of killing his wife eight years ago is set to be resentenced in a Polk County courtroom Tuesday.
The Minnesota Court of Appeals ordered in 2005 that 47-year-old Mark Wayne Horn be resentenced, saying the state District Court erred in 2003 when it imposed a punishment that exceeded state sentencing guidelines.
Horn was sentenced to 20 years, or 240 months, which is a 75-month departure from the standard 165 months, according to the Court of Appeals.
At the time, the judge gave three reasons for exceeding the standard sentence: 1) Horn committed the crime in his home when his children were there; 2) Horn's wife was vulnerable because her children were present; and 3) Horn concealed his wife's body.
In legal terms, such reasons are known as "aggravating factors." The U.S. Supreme Court ruled in 2004 that a jury, not a judge, must determine if aggravating factors exist. That ruling was the basis of Horn's appeal.
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Last week, prosecutors lobbied for the consideration of a fourth factor: Horn's "failure to render aid" to his wife.
The selection of a jury that would have determined whether there are aggravating factors in this case was set to start Monday, but some horse-trading among attorneys and a judge's ruling led to three factors being thrown out and Horn agreeing to admit to one: the concealment of his wife's body, said Ben Wogsland, a spokesman for the Minnesota attorney general's office, which is prosecuting Horn.
Wogsland said that under Minnesota law, just one aggravating factor can justify a judge's upward departure from state sentencing guidelines.
State law also dictates that a judge cannot impose a sentence greater than the original, said Joel Arnason, one of Horn's attorneys.
Arnason expects the victim's relatives to testify today, along with the babysitter of Horn's children. Horn may make a statement, something he has not done before in court, Arnason said.
In May 2001, Horn's 30-year-old wife, Colleen, was reported missing from the couple's home. Her remains were found two months later in a shallow grave in a remote spot in southeast Polk County, and authorities ruled her death a homicide.
Horn was charged with murder in December 2002. In October 2003, he entered an Alford plea to unintentional second-degree murder as part of a deal with prosecutors. In an Alford plea, the defendant acknowledges that there's sufficient evidence to convict him, but does not admit to committing the crime.
Ingersoll reports on crime and courts. Reach him at (701) 780-1269; (800) 477-6572, ext. 269; or send e-mail to aingersoll@gfherald.com .
