Michael N. (Miami Mike) Kleinbart knew that he would be sentenced to 20 years to life in prison for the fatal shooting of Clayton Tyrone Bennett, because that is the penalty that the law requires for first-degree murder.
So he did not argue about that yesterday when he appeared in D.C! Superior Court for sentencing. Instead, he told Judge Nicholas S. Nunzio that the term should be made to rumn at the same time as the minimum of 12 years he must serve in connection with the wounding of U.S. Park Police officers and two armed robberies.
For Kleinbart, 37, the significance of a concurrent sentence lay in the fact that he would be eligible for parole consideration in 20 years. If the sentences considered for release until he was 69.
"I was sick, I was a drug addict," Kleinbart told Nunzio. "When Bennett was killed, I was in a legal sense effective out of control, although I could functions as a robber. You don't hold people out of control responsible."
Assistant U.S. Attorney Hamilton P. Fox told the judge that Kleinbart had been sentenced to 12 to 36 years in connection with the wounding of the police officers in an incident at the Jefferson Memorial that occured a few days after Bennett was shot to death in May , 1975.
"That is not in my opinion a severe sentence," Fox said.
Kleinbart acted as his own attorney in the trial that ended Jan 21 in his conviction of murdering Bennett. He claimed he had killed Bennett in self defense after Bennett had struck Kleinbart's wife.
Yesterday, Nunzio ordered that the 20 years to life in prison for Bennett's muder begin to run after Kleinbart's other sentences have been completed.
"Not because the government asked for it, but because you were convicted of first-degree murder," Nunzio said.