Somerset County Superior Court Judge Robert B. Reed cited Amy Locane-Bovenizer's behavior in prison and after release as the reason why he will not return her to prison.
SOMERVILLE - Former "Melrose Place" actress Amy Locane-Bovenizer, who has already served two-and-a-half years in prison for a drunken crash that killed a Montgomery woman in 2010, will not have to return to prison.
Somerset County Superior Court Judge Robert B. Reed cited Locane-Bovenizer's post-conviction conduct as the main reason for his decision. He said that Locane-Bovenizer is not a risk to society and isn't a threat to re-offend.
"There is simply no need to impose a further term of imprisonment to deter the defendant," Reed said in a marathon summation before a packed courtroom. "Doing so would only serve as retribution."
Reed said Locane-Bovenizer, who is from Hopewell Township, was a model prisoner and hasn't taken a drink in the six-and-a-half years since the tragic accident. He said she has shown remorse and attends Alcoholic's Anonymous meetings two times each week. He said separating her from her kids again would further damage them psychologically, and referenced letters from medical experts on the children's needs.
"We're disappointed but not surprised," said Fred Seeman. "The judge is way out of line. He talks about she expressed remorse. You were all in court today. Did she stand up and say one word? There's no remorse. There's no contrition. So what is it going to lead to happen? More people will feel that they can go out and drink and drive and kill people.
"The judge bent over backwards to let her walk free. The court told him to don't focus on the defendant's family. You have to focus on the victims. That's what the Appellate decision said and you heard what happened in the courtroom. He went back to the same thing. She doesn't even live with her children."
Seeman said that the state plans to appeal the decision with a different judge. The state has 45 days to appeal.
The judge gave Locane-Bovenizer the same sentence as before, downgrading her conviction from second- to third-degree and sentencing her to three years. He also sentenced her to 18 months on two four-degree assault by auto charges to run concurrently.
Locane-Bovenizer, who is in the process of divorcing her husband, Mark Bovenizer, sat stoically throughout the hearing and showed no reaction when the judge read his decision. Her husband has custody of the couple's two children, one of whom has Crohn's disease.
Crash victim's husband says he wants justice
"I will never drink again," Locane-Bovenizer wrote to the court in a letter, portions of which were read her lawyer, Somerville-based attorney Michael Rogers. "I can only imagine the suffering I caused to the Seeman family. I live every day with that moment. I pray for Mrs. Seeman and her family every day. I hope someday I'll be forgiven."
Locane-Bovenizer declined to address the court, saying, "I respectfully rely on my letter to the court."
Afterwards, she refused to address the media.
In August, the state's Appellate Division ruled that the leniency and downgraded sentence handed down by Reed in sentencing Locane-Bovenizer in the crash that killed Helene Seeman lacked enough explanation and was inappropriate.
Reed, who previously admitted he erred in sentencing Locane-Bovenizer, saying she should have served an additional six months, said on Friday he sentenced her in accordance with the law at that time. He said the law has been changed on the state and federal.
Assistant Prosecutor Matthew Murphy was seeking a seven-year prison term with 85 percent served before parole, with an additional nine-month term for assault by auto. He wanted the sentences to run concurrently.
Murphy said he wanted the increased sentence, in part, because, before the crash, Locane-Bovenizer drove her Tahoe into the back of a minivan driven by area resident Maureen Ruckelshaus, who was stopped at a red light.
Ruckelshaus realized Locane-Bovenizer had been drinking and advised her not to continue driving. Locane-Bovenizer ignored her warning and drove off. Ruckelshaus then followed Locane-Bonvenizer, who sped up and ultimately crashed into the side of the Seeman's Mercury Milan.
Prior to the judge's ruling, Fred Seeman, Helene Seeman's husband, and her son, Ford, both gave lengthy victim impact statements before the re-sentencing, admonishing the judge for his original sentence. Both told the judge that he showed more compassion for Locane-Bovenizer and her children in his sentencing than he did for the Seemans.
They said that they hoped the judge had time to reflect and reconsider his sentence and act in accordance with the law. Both said Locane-Bovenizer has yet to take responsibility for her actions.
"We cried our hearts out to you," Fred Seeman said to the judge. "We showed you pictures and hundreds of letters. We told you the story of our life, but it didn't seem to have any effect."
"You completely ignored the decision of the jury. For no compelling reason you decided to downgrade her conviction. You chose to ignore the law and ignore the people of New Jersey. No message was sent to deter drunken driving. My family has been destroyed. We seek justice, not closure."
After listening to the victim's impact statements, the judge said that the hardship heaped upon the victim's family "resonates" with the court.
Locane-Bovenizer, 44, was released from prison on parole in June 2015. At the time she was convicted of vehicular homicide and assault by auto, she was sentenced to three years for each charge, to run consecutively.
Reed downgraded Locane-Bovenizer's conviction from a second- to a third-degree offense. He cited the hardship the actress' incarceration would have on her two young children as the reason for handing down a lesser sentence.
The sentence outraged the Seeman family, who accused Reed of giving Locane-Bovenizer celebrity treatment. Locane-Bovenizer could have faced five to 10 years on the second degree count.
Fred Seeman told the judge Friday the many women in prison have children, but they haven't been show the leniency given Locane-Bovenizer. He said Locane-Bovenizer served one-fifth of the sentence she should have received.
Fred Seeman suffered seven fractured ribs in the crash. Later, it was discovered that had a hole in his diaphragm. He had to had emergency surgery.
"She almost killed me twice," he said.
The Somerset County Prosecutor's Office appealed the sentence, saying it sent a "bewildering message" about the penalty for drunken driving.
The case was sent back to Somerset County for a new hearing for the judge "to comprehensively explain the reasons for sentence," the appeals court decision states. The appeals court took no position on the proper length of the sentence.
Locane-Bovenizer's blood-alcohol content was more than three times the legal limit on June 27, 2010, when her SUV crashed into a Mercury Milan turning into a driveway in Montgomery Township, prosecutors said. She was driving 53 mph in a 35 mph zone, prosecutors said.
Dave Hutchinson may be reached at dhutchinson@njadvancemedia.com. Follow him on Twitter @DHutch_SL. Find NJ.com on Facebook.