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lizbud
05-26-2006, 06:25 PM
I do hope the AG of that state reverses this ruling. It is so stupid.


Judge Says Child Molester Is Too Short For Prison
Attorney General Will Appeal Sentence

POSTED: 9:05 am EDT May 26, 2006
UPDATED: 11:55 am EDT May 26, 2006



LINCOLN, Neb. -- A judge's decision to sentence a 5-foot-1 man to probation instead of prison for sexually assaulting a child has angered crime victim advocates who say the punishment sends the wrong message.


But supporters of short people say it's about time someone recognizes the unique challenges they face.


Cheyenne County District Judge Kristine Cecava issued the sentence Tuesday. She told Richard W. Thompson that his crimes deserved a long prison sentence but that he was too small to survive in a state prison.

Though he could have been sentenced to 10 years behind bars, he ended up with 10 years of probation instead. On Thursday, the state's attorney general, Jon Bruning, promised to appeal within two weeks, calling the sentence far too lenient.

"I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl with the Nebraska Domestic Violence Sexual Assault Coalition, adding that it shows more concern is being placed on the criminal and his safety in prison than the victim.

But Joe Mangano, secretary of the National Organization of Short Statured Adults, agreed with the judge's assessment that Thompson would face dangers while in prison because of his height.

"I'm assuming a short inmate would have a much more difficult time than a large inmate," said Mangano, who is 5 feet 4 inches tall. "It's good to see somebody looking out for someone who is a short person."

Thompson, 50, had sexual contact over a couple of months last year with a 12-year-old girl, said Sidney Police Chief Larry Cox. He was sentenced on two felony sexual assault charges.

As part of the probation, he will be electronically monitored for the first four months and was told never to be alone with someone under age 18 or date or live with a woman whose children were under 18. He was also ordered to get rid of his pornography.

Thompson's attorney, Donald Miller, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not return a call seeking comment. Cecava did not return a message seeking comment.

The judge's reasoning confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union.

"I have never heard of anything like this before," she said. No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. nor state constitution provides protections based on physical stature, she said.

A spokesman for the prison system said Thompson's height would not put him at risk among the state's 4,400 inmates. There are protections available in prison to help inmates who feel threatened, prison spokesman Steve King said, but to his knowledge, no one has ever taken advantage of them based on fears related to their height.

"He's not the shortest guy we have in prison," King said. "We've got some short guys that are as tough as nails. We've got people from all ages, physical stature of all sizes, in general population."

State Sen. Ernie Chambers, a longtime critic of judges, said he was baffled by the sentence.

"If shortness is an excuse and protection from going to prison, short people ought to rob banks and do everything else they would wind up going to prison for," Chambers said. "We're talking here about a crime committed against a child, and shortness is not a defense."

Lady's Human
05-26-2006, 06:53 PM
Liz,

I saw it, thought it was ridiculous. what I can't believe is how quiet the press is being on this one. Usually they scream for vengeance when this happens.

Karen
05-26-2006, 07:45 PM
The judge should fired and disbarred. Being short did nothing to protect the 12-year-old girl he molested, did it? If you were afraid for the criminal's safety, stick him in solitary confinement - and better yet, lose the key.

Oggyflute
05-26-2006, 10:07 PM
It staggers me that the prime requsite to judge on these cases is an overabundance of gross stupidity.

Sevaede
05-26-2006, 10:49 PM
The judge should fired and disbarred. Being short did nothing to protect the 12-year-old girl he molested, did it? If you were afraid for the criminal's safety, stick him in solitary confinement - and better yet, lose the key.

EXACTLY! I agree wholeheartedly.

king2005
05-27-2006, 01:16 PM
ooook... this has to be the stupidest thing I have ever heard of :mad:
What the hell is wrong with that judge, they need a good kick in the pants to wake them up :mad:

Pembroke_Corgi
05-30-2006, 01:15 PM
What??? :confused: I can't even begin to understand this.... :mad:

Maresche
05-30-2006, 01:38 PM
The logic behind this is completely faulty.

Does he run the risk of getting into trouble in prison? Yes.
Is it because of his height? No, it is because of his crime.
Does that mean he shouldn't go to prison? H*ll no!

He'll offend again. Why shouldn't he when there's going to be no repercussions?

allmypets615
05-30-2006, 06:55 PM
He'll offend again. Why shouldn't he when there's going to be no repercussions?[/QUOTE]

Thats exactly what I was thinking...if thats not a "get out of jail free card" what is?! Maybe they should find the shortest offender they already have and stick him in that cell. Problem solved!

CathyBogart
05-31-2006, 08:40 PM
My grandfather was not sent to jail because he was old...I mean, WTF?! Being old didn't stop him from doing what he did to a six year old girl!!

buckner
05-31-2006, 09:07 PM
The logic behind this is completely faulty.

Does he run the risk of getting into trouble in prison? Yes.
Is it because of his height? No, it is because of his crime.
Does that mean he shouldn't go to prison? H*ll no!

He'll offend again. Why shouldn't he when there's going to be no repercussions?
Exactly. Child molesters are least respected by prisoners. The next is people who kill or mess with elderly people. So basically, if you mess with a child or an older person, you're considered weak because you messed with someone who's "helpless".. and you'll die in jail. But if you shoot a cop, you're praised. It works, in my book.

He should've been sent to jail, but it'll take a couple more molestations and possible murders before anything is done, I see.

dogzr#1
05-31-2006, 09:33 PM
I think that judge needs to get her head out of the clouds and possibly see her mistake. He might take this and think "Now since I'm short, maybe I won't have to go to prison for whatever I do'' and then he goes on to rape/ molest other girls. He can still defend himself even if he is short. I've seen some 70 year old men go to prison and their age didn't stop them from getting in. It's retarded in my opinion.

lizbud
06-01-2006, 10:52 AM
I think this judge is feeling some heat over her decision in this case.
A friend of her's is saying the prosecutor did not seek prison time for
the offender. :confused: He was convicted on TWO Felony counts. I
thought that alone should get anyone prison time.

I'd love to sign this lady's petition.


Petitioner Wants 'Too Short' Judge's Resignation

POSTED: 10:13 am EDT June 1, 2006
UPDATED: 10:23 am EDT June 1, 2006



LINCOLN, Neb. -- A Nebraska woman has opened a petition drive demanding the resignation of a judge who sentenced a sex offender to probation partly because he is short.

Cheyenne County District Judge Kristine Cecava last week sentenced Richard Thompson to 10 years of intensive probation. He will be electronically monitored for the first four months and was ordered to never be alone with a minor.

A transcript of the sentencing hearing showed the judge said she didn't think the man, who is 5 feet 1 inch tall, would survive prison.

The transcript showed she also considered other issues as well as his height.


Tiffany Jones said she has already collected about 700 signatures on her petition.

A lawyer in Lincoln who is a friend and colleague of the judge said the prosecutor didn't ask for prison time. The lawyer also said she ruled based on Thompson's mental capabilities and information in a private pre-sentence report.

DJFyrewolf36
06-02-2006, 02:25 AM
Oook...

This is more proof that the justice system plays to the lowest common denominator...

First twinkies and now this...:rolleyes:

People make excuses that don't even make sense anymore. Gone are the days when you needed a plausible lie.