"This is a tragedy, sad beyond words," Clark said. "This happened because of a man whose miserable life was the polar opposite of this young man."
In March, Charlemagne pleaded guilty to shooting and killing Franklin, 23, during a late-night holdup in a Broadway fried chicken restaurant. Franklin, a Westwood resident who was off-duty at the time, resisted, and Charlemagne shot Franklin in the back and fled. He then returned and shot Franklin again in the head.
Another man was shot in the leg during the incident.
The court proceedings became complicated late Thursday afternoon when Clark received an undated letter from Charlemagne requesting to withdraw his guilty plea. Charlemagne wrote that he had been pressured into pleading guilty by his court-appointed attorney, Margaret Kean, and that she did not have his best interests in mind.
But in court Friday, Charlemagne retracted the letter. Clark asked if Charlemagne had written the letter out of anticipation of the sentencing hearing.
"Yes," he said. "I just want this to be over for both families."
Franklin's parents, fiancȳe, and 2-and-a-half-year-old son, T.J., attended the sentencing, along with more than 20 uniformed Paterson police officers.
"He was a son that every parent wanted," said Larry Franklin to the judge. "What do we tell T.J. when he asks about his daddy?"
Charlemagne's mother, sister, and girlfriend were present at the sentencing and began weeping when Charlemagne addressed the courtroom.
"I know it's going to be hard to forgive me," Charlemagne said to Franklin's family. "I'd like to apologize to T.J. as well, because I have a son as well and he's not going to see his dad for a long time."
Charlemagne had pleaded guilty in March to armed robbery, aggravated assault and a weapons charge. Before the sentencing, Clark read Charlemagne's criminal history, which dates back to when he was 14. Charlemagne had served time twice in state prison for felony handgun possession charges in Essex County. He was also previously arrested in Union and Morris counties on burglary and theft charges.
He has also admitted to abusing alcohol and drugs daily since he was 15.
Though prosecutors had initially vowed to seek the death penalty, Gov. Jon S. Corzine abolished capital punishment in December. Charlemagne's subsequent guilty plea reduced the maximum sentence to 37 years. Under the state No Early Release Law, he will have to serve a minimum of 31 years before he is eligible for parole.
Clark was resolute in her sentencing.
"No question, maximum sentence," she said. Speaking to Charlemagne, Clark said, "With you guiding (your son), I think it is better that you are separated from him."
Outside the courtroom, Franklin's girlfriend said she was unhappy with the sentence.
"I think he should have gotten life," said Christina Imperato.
"After 31 years passes, I'll probably re-evaluate," said Jennifer Imperato, her sister. "I do hope one day I come to terms."
But during the hearing, when Belinda Franklin addressed the man who shot and killed her son, she spoke calmly and sadly.
"Well, happy birthday to you, Charlemagne. I know it was your birthday this month," she said. "I've forgiven you, and I've prayed for you."
In the seat next to her, T.J. played on a chair, stretching his arms to touch both his mother and grandmother.
"You took him," said Belinda Franklin. "My whole Ty, you just took him. Like that."



