Sam Mullet Sentence Reduced to 10 Years, 9 Months

Sam Mullet along with the seven remaining imprisoned members of the Bergholz community have just received shorter sentences for their roles in the 2011 beard-cutting attacks. From the report (no longer online):

Mullet’s 15-year sentence was reduced to 10 years, nine months. Sentences for four men who received seven years were cut to five years. Sentences for three men who got five years were lowered to three years, seven months.

The other eight, including six women, have served their sentences.

Doing my own math: barring further twists in this case, and assuming the roughly three years already served count against the new sentence, Mullet will be scheduled for release sometime in 2022 when he is 76 years old.

UPDATE: I asked Donald Kraybill, who served as an expert witness at the 2012 trial, for his thoughts on the resentencing. He replies:

I guess I’m not surprised at the outcome. Defense attorneys had argued that all of the defendants should be released because the hate crimes no longer applied. The prosecutors argued the opposite, saying given the nature of the crimes and the intent, etc., that the judge had not followed the maximum guidelines in the first place and that the length of the terms should not be reduced.

It’s my impression that in this case the federal district judge (who had originally presided over the trial in September 2012) had considerable discretion to decide the final outcome today. In essence he walked a middle road; reducing everyone’s length of sentence, but assuring that all the men with serious charges and especially Mullet need to do additional time in prison. A number of these men with longer sentences had been arrested and imprisoned in November 2011. So some of them have already served three years and three months.

I’m certain that that amount of time served will be reduced from the time of the length of the new sentences determined today. Those who were afraid that Sam Mullet might be released soon and again pose a danger to the community can still rest in peace for several years.

Previously (Dec. 19, 2014): Sam Mullet Resentencing Hearing Set For February 24

Yesterday, a federal judge set the date for resentencing hearings for Bergholz leader Sam Mullet and 15 others for February 24, 2015.

Hate crimes convictions against the groups were overturned in August.

Prior to the initial sentencing, Amish people made news by writing over a dozen letters requesting a “long” or “life” sentence for Mullet.

Mullet was originally sentenced to 15 years in prison in February 2013 for his role in beard- and hair-cutting attacks against Amish. Fifteen of his followers received punishments ranging from one to seven years.

Despite the scheduled hearing, the case could take a number of courses. From the Cleveland Plain Dealer:

The federal prosecutors still could decide to change course prior to next year’s resentencing hearing. For instance, they could file a petition for a writ of certiorari asking the U.S. Supreme Court to consider overturning the court of appeals’ decision. Or they could ask Polster to reschedule the cases for trial, or ask the judge to sentence the defendants to additional time behind bars.

On the other side, the defense attorneys could ask Polster to dismiss the remaining charges, give their clients credit for three years time already served in prison, and grant their release.

While hate crimes convictions were overturned, other convictions were not:

The appeals court overturned the defendants’ convictions for hate crimes, but not their convictions for conspiring to obstruct justice. In addition, Sam and Lester Mullet and Eli Miller were convicted of obstructing justice, and Sam Mullet was convicted of lying to the FBI, which were not overturned.

Six members of the group remain imprisoned at different locations around the country.

Previously: Bergholz Resentencing Coming Monday (Feb. 27, 2015)

Bergholz leader Sam Mullet is hoping to be granted freedom this coming Monday, March 2. That’s the date set for resentencing following the overturning of hate crimes convictions in August.

The prospect no doubt concerns Amish in Ohio and elsewhere fearful of repeats of the beard-cutting attacks of 2011 (or worse).

Mullet’s attorney says that “Mullet’s only wish is to return to a peaceful Amish community and put this ordeal behind him.” However, critics might note that the 69-year-old leader has a history of not doing what he says, such as in his promise to prevent future attacks only for another to occur.

Perhaps prison time has worked a change in Mullet’s heart. Though due to his track record, I wouldn’t blame any Amish people for taking anything Mullet claims with an enormous grain of salt.

Others imprisoned will be resentenced as well. Those given one-year terms (6 individuals, including 5 women) have already been released, as have those with two-year terms (2 individuals). Others were incarcerated for five years (3 individuals) and seven years (a total of 4, among them the 2 ministers, including Mullet’s son Johnny), with the longest term of 15 years being served by Mullet.

In an email to attorneys, U.S. District Judge Dan Polster has said that he will likely permit the 8 already released to remain free (to be sentenced to “time served”), but has not given any indication about the 8 remaining in prison.

No doubt Amish in Ohio and many other communities will be greatly anticipating Monday’s news.

What next for Bergholz? And what about forgiveness?

There is of course the question of what will happen to members of the Bergholz community. In the final chapter and epilogue to Renegade Amish, Donald Kraybill speculates about possible outcomes, and also raises the question of forgiveness. He also describes how some have left the community, while progressive change has crept in with leadership absent.

Another question that has arisen throughout this case is addressed in the book, and remains relevant for their future: Is the Bergholz group a cult? Interestingly, Kraybill describes them as “not a full-blown cult” but as “a clan with some cultlike features” (p. 143).

He lists 25 deviations from Amish norms, including “Terminating Sunday worship services”, “Accepting sexual misconduct”, “Censoring some incoming and outgoing mail”, “Condoning physical punishment to discipline adults (paddling)” and “Using the Old Testament as a primary source of authority” (see p. 139 for full list).

So it’s unsurprising when one Amishman quoted says that “These people are totally not Amish” while an Amish scholar states that “They removed themselves from the Amish world when they stopped having church services.” (p. 138-139).

Ultimately the impression I got after reading Kraybill’s book is that of an off-the-rails community in the control of a powerful, influential leader assured of his own righteousness. Combined with an unrepentant heart and a desire for revenge, there could be danger ahead if Mullet is released.

On a more positive note, despite the fact that they have been essentially disowned by many of their former co-religionists, members of the Bergholz community and even Sam Mullet himself could find a way back into the Amish fold.

To their credit, Amish would offer forgiveness. One ex-member of Bergholz quoted in Renegade Amish says that “Even today the Fredericktown people and related congregations, even today, they would forgive Sam and accept him back if he was contrite, and confessed, and returned to them” (p. 149).

Likewise, a minister at Fredericktown, a community where Mullet once lived, said “Yes, we’d gladly take him back into the church if he repented and confessed” (p. 149).

But with all we’ve seen in this case, that’s a big “if”.

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