The Antelope Valley Times

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Family urges judge not to reverse convicted killer’s death sentence

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[Left] Victim Fred Rose. [Right] Convicted murderer Scott Collins (pictured in 2007)
The widow and two daughters of a Lancaster construction manager who was kidnapped, robbed and murdered three decades ago urged a judge Wednesday to reject a request by the Los Angeles County District Attorney’s Office to vacate his killer’s death sentence and re-sentence him to life in prison without the possibility of parole.

“I have lived 30 years in the peace that the state of California gave to me,” Fred Rose‘s widow, Sharon, told Superior Court Judge William Ryan. “I have also lived 30 years without Fred. Every second of my life — both practically and emotionally — has been affected by that.”

She said anything short of denying the request to re-sentence former Palmdale resident Scott Forrest Collins “would be to victimize my family again,” and urged the judge to “please take into account my wish that the request for re-sentencing not be granted.”

Collins, now 51, was sentenced to death in 1996 for the kidnapping, robbery and murder of Rose, a 42-year-old father of three who failed to return to his job at a Lancaster construction business after a lunch break. Rose was found lying next to railroad tracks in North Hollywood with a gunshot wound to the head on Jan. 23, 1992, and died the next day after being taken off life support, according to court records.

Earlier that day, the Rose’s ATM card had been used to withdraw $200 from a Northridge bank and his gas station credit card was used to buy gas in North Hollywood the night of the shooting. Collins — who had previously been convicted of armed robbery, assaults and possession of narcotics — was found guilty of first-degree murder, robbery and kidnapping. Jurors also found true the special circumstance allegations of murder during a kidnapping and murder during a robbery, along with an allegation that he personally used a firearm during the commission of the crimes.

The same jury that found Collins guilty of Rose’s slaying recommended that he be sentenced to death, but then-Van Nuys Superior Court Judge Leon Kaplan granted the defense’s motion for a new penalty phase based on alleged juror misconduct and then recused himself from presiding over further proceedings in the case. An appellate court reversed the trial court’s decision and reinstated the jury’s verdict recommending that Collins be sentenced to death. The death sentence was imposed about three years later by Judge Howard Schwab.

In its 2010 ruling upholding Collins’ death sentence, Associate Justice Carol Corrigan noted that Collins claimed he took Rose’s 1983 gray Oldsmobile Cutlass after seeing it parked on the side of Sierra Highway with the keys inside.

In a court filing in February of this year, Deputy District Attorney Shelan Joseph wrote that Collins “was only 21 years old at the time of the offense and he experienced hardship as a child, including the death of his father.”

Joseph’s filing noted that Collins had learning disabilities that were “never adequately treated in school” and that he has engaged in “educational and work opportunities” since being moved to California Correctional Institution at Tehachapi under a voluntary program that allows condemned inmates with good behavior to transfer off death row. She described him as a “model prisoner.”

Former Los Angeles County District Attorney Steve Cooley and former Deputy District Attorney Kathleen Cady, who are representing the victim’s family, wrote in a court filing in February that “any objective review of the case and procedural history would lead one to come to the conclusion that the people’s recommendation for re-sentencing is a result of (District Attorney George) Gascón’s policy that `A sentence of death is never an appropriate resolution in any case’ and working backwards to have the ends justify the means.”

“When the evidence suggests that the District Attorney’s Office and the defense are in collusion, the court is the final and only gate keeper to ensure that justice is done and victims’ rights are upheld,” Cooley and Cady — who are both involved in an attempt to recall Gascón — wrote in their filing.

Last December, Gascón’s office noted that death sentences are no longer being sought in murder cases in Los Angeles County and said post- conviction death penalty cases were being reviewed to determine if there is a meritorious legal reason to vacate an inmate’s death sentence or to re-sentence them in the interest of justice, saying that five people had already been re-sentenced to life in prison without the possibility of parole.

On Wednesday, June 22, one of the Rose’s daughters, Heather Scott, told the judge that her father was taken from his three children when they were 14, 12 and 10, saying that Collins “took a few hundred dollars and my dad’s life so he could buy beer and party.”

“Judge and jury decisions today matter. How can we ever rely on our system of justice if we allow a few people to overturn what were lawfully meant to be permanent sentences? What’s to say Collins won’t again be re-sentenced to something even less in the future?” she asked. “Our family unanimously wishes that Scott Collins’ current sentence stand and not be reduced.”

In a written statement read in court on her behalf, another of the victim’s daughters, Amy Rose, said, “Having my father killed as a teenager was horrifying. One of the only comforts I’ve carried with me over the years was knowing that the man responsible for murdering Dad was given the appropriate sentence for the crime he committed.”

“Over the last few months, knowing that his sentence could be changed has caused me many sleepless nights,” she added.

The judge — who noted that he wasn’t going to immediately decide on the request by the District Attorney’s Office — is set to hear from attorneys on the case on July 19.

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35 comments for "Family urges judge not to reverse convicted killer’s death sentence"

  1. It’s surprising so many people have so little to do that they hang out here for entertainment

    yet here I am

    I’m curious to here Tim’s reasoning on why abortion rights should have been left as is by the SCOTUS

    • Because as previous supreme courts have always understood they have an obligation to consistency. The law, being words, is open to interpretation. With fifty states interpreting differently, for example what does “well regulated” mean in regards to a militia, we have chaos. The intention of the supreme court should be to establish clarity, and in the past they have.

      Once a decision is reached by the supreme court citizens and businesses have a guideline they can plan by. There will always be more interpretations to be made around the edges, but the core of a decision should be final unless the elected representation in the legislature changes the law of the land. Look at the situation we are in because Scalia led the court into an interpretation of “well regulated” as meaning “every nutbag can get a gun and nothing can be done to stop them.” Every time the legislature or the public considers the subject we are reminded that “the supreme court ruled and subsequently all the nutbags got guns, so you can’t change direction now and take them away.”

      But we have women this morning who had made a very difficult decision regarding their own healthcare, and they are stuck with a cancelled appointment and back at square one, in an environment where no one is certain what the law will be tomorrow. That’s why every justice sitting on the court got there by saying that they respect precedent, and we now know that a number of them are just flat liars. Fitting, given who appointed them and who supports that miscreant.

  2. I don’t mean to sound insensible but what difference does it make? Scott Forrest Collins is unlikely to ever be executed by the state of California given the state’s leftist views on that particular penalty. He would just sit on death row until he dies naturally in all likelihood, a life sentence w/o the possibility of parole is effectively the same thing for him. I doubt that he would ever have his convictions minimized to the point where’d he’d be a free man again in this lifetime. He is going to die within the walls of a California State Correctional Facility, him dying in general population Vs him dying on Death Row seems like it would make little to no difference, given that he is likely going to die of natural causes in either instance. The family wants justice via execution but 30 years have already gone by, it’s more likely that he’ll just be sitting there for another 30 years than actually being executed by the state.

    • While he may ‘never’ have his sentence reduced to the point he’s paroled, ‘lifers’ have been known to kill other prisoners & prison staff – – even escape. It doesn’t hurt society to have him spend the rest of his days on death row.

    • This is what the DA is hoping people will fall for. “Nothing will change” but yes it will. Reducing his death sentence opens him up for further re-sentencing in the future. I asked the DA if she could guarantee us Collins wouldn’t AGAIN be resentenced in the future and she said no. Gascón doesn’t believe people should spend life in prison.

    • LOL…I’m pretty sure that execution of a helpless prisoner doesn’t score all that high on the guts-o-meter.

        • What’s your point?

          You were suggesting that “California needs guts.” The question I asked is, basically; why? It doesn’t take “California’s guts” to execute a prisoner. Now you are off on a tangent.

          • Sooo…I take it that you have no way to make sense of your comment and you are just upset that I noticed it was nonsense. Okay then, good talk.

          • The ever present oracle@lancaster and his vapid outlook strike again. Nice you,’re spending less time at the local gloryhole.you go tiger!

        • You think someone in prison is in any position to defend themselves? How out of touch with reality are you?

          Or do you just not understand what the word ‘helpless’ means? I understand that at eight letters it may be too much for you.

  4. He was found guilty, the sentence should stand! I will never forget Fred Rose and I will never forget that day! I stand behind the family 100%.Scott was a wannabe gang banger and didn’t like life on the outside so he took an innocent man a killed him just so he could get back in prison. Well let him stay there till the day he dies or give him what he deserves the death penalty.

      • Have you had any success telling obviously stupid people not to be stupid? That never seems to work for me. They just keep right on being stupid.

      • Youand oracle boy can have 500 shots if it helps you two skeeters focus on the actual topic..thaaaanx

        • Where was this concern about staying on topic when your fellow idiot made the “ten Pfizer shots” comment in the first place?

          Nevermind, I understand that you are totally obsessed with me. You aren’t the first.

  6. Put him to death he got the death sentence that is what the hours agree on for first degree murder so let it stand .