A Carson City man who has lived inside the walls of an Oregon prison since 1987 saw freedom Monday for the first time in 13 years.
Victor Branson, 35, was convicted in 1987 of several armed robberies in Washoe County and Oregon. When his parole date came up in May of this year, he was transferred to Carson City to face 1987 charges that were not pursued at the time of the other cases.
After a motion hearing Monday, in which Branson's lawyer Bruce Lindsay unsuccessfully tried to have the charges dropped, Judge Michael Griffin released Branson on his own recognizance.
Branson has pleaded guilty to the robbery and faces sentencing July 17. Griffin hinted that he will impose a retroactive sentence, ultimately resulting in Branson's freedom with probation.
"At the time of sentencing I will have trouble saying he needs more punishment," Griffin said. "It appears to me that this case must be handled with a concurrent sentence."
Courtroom observers and Branson were shocked at the news that he would be released pending the July hearing. A motion hearing does not necessarily address matters of bail. Branson was previously held in lieu of $25,000 bail.
Lindsay said he took the case because of its unusual circumstances.
"It's the oddest case I've had in 20 years," he said. "The reality is that he has lived in a cage since he was a young man."
Although Lindsay's motion was denied, he said the ultimate outcome for Branson would be victory. He said he submitted the motion to dismiss based on constitutional guarantees of a speedy trial and due criminal process. "If it's not a negligent or intentional act, I don't know what it is," Lindsay said of the delay in prosecution.
Chief Deputy District Attorney Anne Langer, prosecutor in the case, retorted, saying it was Branson's responsibility to deal with the charge. Griffin agreed.
She indicated she would argue for a consecutive sentence, in the hopes of prolonging Branson's incarceration. "Crimes like that just don't happen here," she said.
Branson admitted he and a friend stole a night deposit at gunpoint from a convenience-store owner while the owner was leaving work.
Branson might stay with his mother in Carlin, a family friend indicated.
Griffin has the power to sentence Branson to an additional five years in prison and a fine of $10,000.
