Talking Points: Previewing Amy Senser's Sentencing

MINNEAPOLIS (WCCO) -- On Monday, Amy Senser will find out her sentence in the hit and run death of Anousone Phanthavong.

Senser was convicted of two counts of criminal vehicular homicide. Phanthavong was filling his gas tank on an exit ramp on Interstate 94 last August when Senser hit him.

Not surprisingly the Prosecution and Defense have very different views on what sentence she should receive.

The defense is asking that the Judge give Amy Senser probation. The defense points out that she has no criminal history -- and they have presented 113 letters from friends and family members talking about her devotion to her family, to her church and the community.

The prosecution wants Senser to get the highest sentence under the guidelines of four years, nine months. Prosecutors say Senser has not shown remorse or taken responsibility for the crime.

Hamline Law Professor Joe Daly appeared on WCCO Sunday Morning.

Daly was asked if Senser has a chance of not going to prison.

"The answer is no. This judge and the situation in Hennepin County over the last several years, no one has been put just on probation, everyone has spent at least some jail time or prison time, who have been accused or convicted of criminal vehicular homicide," he said. "So she is going to go to prison."

And Judge Dan Mabley is tough. In the case of Timothy Bakdash convicted of running down a group of U of M students, killing one of them, Mabley gave Bakdash a sentence of 40 years that was more than even prosecutors were asking for.

You can watch WCCO Sunday Morning with Esme Murphy every Sunday at 10:30 a.m.