Judge Daniel Mabley Rejects Amy Senser’s Proposal for Freedom While She Pleas Her Vehicular Homicide Verdict

Education and Legal Career

Judge Daniel Mabley serves Minnesota's Fourth Judicial District for Hennepin County, Minnesota. In 1992, the judge was appointed to this position. Mabley was nominated to serve terms in 1994, 2000, and 2006. If he decides to run for another six-year term, he will have to win the 2013 election.


The future judge attended Carleton College and received a B.A. degree. In 1974, Mabley earned his J.D. degree from the University of Minnesota Law School. He launched his legal career as a private practice lawyer before he was employed by the St. Paul City Attorney's Office. By the late 70's, Mabley led the Economic Crime Unit for the Dakota County Attorney's Office.

From 1980 to 1992, Mabley was employed by the Hennepin County Attorney's Office. During his twelve year tenure, he led three units: the Adult Prosecution Division, Arson Prosecution, and Senior Attorney and Trial Team Supervisor.

Judge Mabley's Ruling for Amy Senser

Mabley has been featured in the news recently for expressing his disapproval of how Amy Senser's attorney, Eric Nelson, dealt with the investigation and the trial. According to the Star Tribune article, “Judge denies Amy Senser's release pending appeal,” the Hennepin County judge said, “The defendant and her counsel have employed a strategy of extensively using the media to argue the defense case, apparently hoping to influence the jury pool.”

The judge continued to say that “this has continued right through the hearing on this motion when the defendant's husband left the courtroom during arguments in order to address the media and vent his accusations of incompetence and dishonesty on the part of the prosecution. In addition, he misrepresented facts about the case.”

Amy is the wife of former Minnesota Vikings star, Joe Senser. On August 23, 2011, Amy ran over and killed Anousone Phanthavong with her Mercedes Benz.

Phanthavong, who was Head Chef at True Thai restaurant, was filling his car up with gas near an I-94 exit ramp. The thirty-eight-year-old Phanthavong had run out of fuel next to the restaurant where he worked when Amy hit him.

ESPN's article, “Amy Senser gets 3-plus years in jail,” reported that Amy left the scene of an accident and did not quickly report the incident to the authorities; both circumstances are felonies. When the police arrived at the scene of crime, they found pieces of the Mercedes and the authorities pleaded to the public for assistance in locating the suspect.

The Star Tribune West Metro editorial, “Amy Senser: An apology, forgiveness, 41 months,” stated that Amy drove away from the scene of the crime and then gave up her SUV by handing over the vehicle to Nelson. The next day, Nelson turned over the vehicle to the authorities. However, the ESPN article pointed out that Amy and her husband did not speak with the police. The press speculated who was really behind the wheel of the car? Was alcohol a factor in Phanthavong's death? Amy finally took responsibility for her actions nine days after she killed Phanthavong.

The ESPN piece quoted Mabley when he announced, “This avoidance of responsibility was not out of panic or confusion. It was orchestrated.” The judge added, “A certain momentum develops around these denials.”

During Amy's trial, she told the jury that she felt her car shake after she got onto the highway exit ramp. The ESPN editorial discussed how Amy thought she went over a pothole since the area was undergoing construction. The defendant didn't know she killed a man until hearing the news the next day.

In May 2012, Amy was convicted of two counts of criminal vehicular homicide and is currently facing a 41-month prison sentence. The Star Tribune West Metro column noted that the 41-month ruling is the shortest amount of time that Amy could get under Minnesota laws.

Deborah Russell, Assistant Hennepin County Attorney, requested Mabley to sentence Amy to 57 months, which is the maximum amount of time that an individual can serve for two counts of criminal vehicular homicide under Minnesota laws. Although Russell did not get her demand, she was happy with the judge's decision. The Star Tribune West Metro story stated that Russell called Mabley's judgment “thorough and correct.”

Russell also discussed Amy and her husband's testimony. She told the Star Tribune West Metro that the couple's statement “did provide evidence that I might not otherwise have had.” The assistant Hennepin County Attorney acknowledged that the couple's recollection of the accident and how they responded when they realized their vehicle was damaged had been significant during the trial. Russell added, “I think that really told the story of this case.”

During Amy's hearing, Nelson pleaded Mabley to release his client while he appeals Amy's Vehicular Homicide Verdict. Although the judge believes in Amy's remorse, he had a hard time trusting her explanation of the events that occurred on August 23. The Star Tribune column reported that Mabley said that according to the law, it is “extremely rare” to grant probation for a convicted felon looking to appeal their case.

The Star Tribune cited the judge, “Given the extensive publicity in this case and the public discourse around it, if the defendant was released on appeal, the public could well believe that she was granted favors because of her celebrity and perceived economic status.”

Mabley was very critical of Amy at her sentencing. According to the Star Tribune, the judge said, “too many family secrets and not enough candor.” He was not particularly happy with Amy's judgment the night of the accident. In his order, the judge wrote that the defendant left town after the police held her vehicle for inspection. Amy dyed her hair, deleted text messages, and got rid of clothes that she wore on August 23. Mabley was also annoyed that Joe and Amy led the authorities and press to believe that their step daughter Brittani Senser was the individual behind the wheel when the car struck Phanthavong.

On September 24, 2012, Nelson unsuccessfully implored Mabley for a second time to release his client while he appealed her Vehicular Homicide ruling. The defendant is eligible for parole in October 2014.

Amy Apologizes to Phanthavong Family

The ESPN editorial covered the emotional scene at the courthouse when Phanthavong's family read victim impact statements. Amy began to cry and she called out, “I am sorry; I am sorry.” The defendant continued to sob as she apologized to Phanthavong's relatives. She said, “I've waited a long time to say I'm sorry. I hope you can believe me that I never saw your son that night and if I had, I would have stopped to help him.” At this point, Amy faced Phanthavong's family and stated, “I take full responsibility for his death. It was my fault.”

The article also discussed how Nelson later announced that his client was “not a monster.” He added, “She would have never knowingly left someone to die. It's just not in her.”

Joe and Amy settled a civil lawsuit with the Phanthavong family. Phanthavong's relatives accepted Amy's apology and believed that Mabley's ruling was reasonable.

Conclusion

Amy's trial has received considerable amount of press coverage because the defendant struck and killed Phanthavong and did not immediately report the crime to authorities. Even when she emerged as the suspect who killed the victim, she left town, did not speak to the authorities, and got rid of critical evidence. The media also closely watched the criminal trial because Amy is married to an ex-Vikings star, who is a game commentator and owns a chain of restaurants. However, Amy's wealth and popularity did not persuade Mabley to grant the defendant parole while she awaits the appeal process for her vehicular homicide judgment. Amy might have been sincere in her apology to the Phanthavong family, but she was not forthcoming after she killed Anousone.