Welton gets maximum

PALMER -- Judge Milton Souter sentenced Suzette Welton on Monday in Palmer Superior Court to the maximum 99-year prison sentence on all counts, including first-degree murder, two counts of attempted murder and seven years for one count of first-degree arson in the fire that claimed the life of her 14-year-old son Samuel.

"You are sentencing an innocent mother," Welton sobbed as she read her prepared statement prior to Souter's ruling.

"The truth will come out someday and you will have to live with what's been done."

Although Palmer District Attorney Roman Kalytiak requested that Welton's sentences be served consecutively, Souter ruled that the sequence of events constituted a single crime and sentenced Welton to concurrent sentences, with credit for the nearly two years that she has already served.

Additionally, Souter said that he would not limit Welton's eligibility for parole, but would leave that decision to be made by parole boards in future years. Welton will not be eligible to be considered for parole until she has served one-third of her sentence. Given credit for time served, Welton, who is 39 years old, will be eligible for parole in approximately 31 years.

Souter also sentenced Welton to make financial restitution for her crimes to be paid should she ultimately be paroled. According to Kalytiak, that restitution would consist of $170,302.77 paid to State Farm Insurance and $4,241 to the Violent Crimes Compensation Board.

Souter advised Welton of her rights to appeal, warning her that should she appeal the sentence, she risked having the sentences increased or run consecutively rather than concurrently.

Souter told Welton, however, that she could appeal other decisions that occurred before, during and after the trial without any risk of an increased sentence. Those could include Souter's decision not to grant a change of venue, the actual jury verdict, and Souter's decision against the motion for acquittal.

Judge Souter spoke at length of the difficulties he had in coming to his decisions.

"I want to say that this has been the most difficult case I've ever had,"

he said.

"I looked for a smoking gun from day one, and never found one," he added.

Concerning the motion for acquittal, Souter said it took him three months to decide against it, "But I could not sit as a 13th juror and re-decide the case."

Souter said that he had reviewed every aspect of what the jury found to be "damning circumstantial evidence."

"The jury had the information to make a reasonable decision and did."

"This does appear to be a deliberate series of premeditated acts of the worst imaginable kind," he said, although he said some questions remained.

"This was a fair jury of decent, good people who did their best. They found deliberate, premeditated arson and murder for the basest of motives -- money -- committed by a mother against her own children."

Dennis Welton, Welton's ex-husband and father of her children, addressed the court by telephone prior to sentencing and called his ex-wife "worse than a contract killer."

"She planned it for months," he said, adding that Welton had shown no remorse or admission of guilt and that he believed there was no possibility of rehabilitation.

"She has sentenced us to a life without Samuel," he said. "I ask the court to make sure she spends the rest of her life in prison with no chance of parole."

Welton's other two children were removed from her care after the fire. Dennis Welton was able to gain custody of them soon after, while Welton was being investigated. She was not arrested until Nov. 21, 2000, and was allowed only supervised visits while on the Kenai Peninsula, where they now live.

Welton was convicted on May 31 of this year after a nearly eight-week trial.

According to Souter's summation at sentencing of the circumstantial evidence in the trial, Welton had purchased sleeping medication two days before the fire. Sedatives were found in Samuel's body, sweat from clothing worn by Welton's other son, Jeremiah, and in the dregs of drinks Welton was said to have served her sons. In addition, an accelerant was found to be used both in an upstairs hallway and an upstairs bedroom.

In closing arguments at the trial, Kalytiak said Welton was willing to implicate either and both sons in the arson.

Welton's defense attorney, Public Defender Greg Heath, told jurors that the state's "so-called evidence" was inaccurate. No solid links were made between Welton and the fire, he said. There was no proof the fire was set, or that Welton had any intention of killing her son. The life insurance purchases ensued because she was renewing her own life insurance policy, he said.

"Suzette Welton loved Samuel. Where is any credible evidence that says otherwise?"

Heath contended that the fire didn't have to stem from a homicidal or suicidal impulse, but by accident.

Welton's defense attorneys, Heath and Assistant Public Defender George Davenport, filed a motion June 21 asking Souter to acquit Welton and to overturn the jury's verdict that sufficient evidence showed her guilty, a motion that Souter subsequently denied.

Souter said Welton's attorneys must file appeals within 30 days from the sentencing, by 4:30 p.m on Nov. 27.

He closed by asking Welton if she had any questions. She indicated by shaking her head silently that she did not.

"I've done everything I can think of to be fair to you," he said.