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Last updated on Friday, August 24, 2012
(SALEM) - 26-year-old Tim Orman, was in court Thursday morning to plead guilty to the deaths of his father, Timothy Mark Orman and his uncle, Roy Orman.
Orman was charged with the murders along with assisting his girlfriend, Tammy Spengler, in the crime. He tried to plead guilty on July 9th, but the judge denied the request as Orman refused to admit that his Spengler had anything to do with the murders.
Orman's attorney, Bob Hamilton, submitted a sentencing memorandum listing the facts of the plea agreement and the reasons the court should accept it.
Those reasons included the fact that with a 90-year sentence (the plea requests the minimum of 45 years per murder to be served consecutively), Orman will be 70 years old when he leaves prison if he gets full good behavior credit. He has also been "intimately exposed" to Hepatitis C by a sexual partner and is a long-term abuser of both prescription and street drugs, including spice or bath salts. Another reason Hamilton believes the plea agreement should be accepted is that Spengler's trial, in which she was found guilty and sentenced to 121 years in prison, cost nearly $50,000 and that a trial for Orman would cost at least half of that amount, especially if, as the memorandum stipulated, pre-trial publicity would force the state to either move Orman's trail to another county or bus in a jury from another area.
Kate Wehlann, of the Leader-Democrate, who attended the hearing reported, Medlock indicated that he was concerned that Orman would be getting less time through his plea deal than Spengler received after her trial, but said he would be willing to accept the plea if it was proven to him that the victims' family was agreeable to the plea.
Prosecutor Dustin Houchin informed the judge that the family was in favor of accepting the agreement and a member of the family, a cousin to Roy and Mark Orman, spoke during the hearing.
One of the stipulations of the guilty plea is that Orman will waive his right to a trial with a jury of his peers and the right to appeal the sentence.
Medlock said he was still uncomfortable with giving Orman "substantially less" than what Spengler received, "but the wishes of the family weigh heavily upon me," he said, and agreed to take the guilty plea under advisement.
"I don't want to drag this out for the state or the family," said Medlock. "I'm just not sure of the agreement." Medlock said he would make an official decision regarding the deal sometime this week.
Before Orman left the courtroom, he requested that Hamilton announce to the court and the family present that he was sorry for what he did. The only response he received was a strangled sob from Orman's relative.
If Judge Medlock does not sign the agreement, there will be another hearing.
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