Originally posted by Bajahowodd
Quote: | Originally posted by Dave
Quote: | Originally posted by David K
The bastard assulted a 13 year old, pleaded guilty, the sentence was to be 11 years, reduced to just 6, he got out after just 5, and he was back just
blocks from the girl he attacked then... all over the local TV news right now.
Some legal system we have here in USA... |
"In 2000, Gardner was convicted of a forcible lewd act on a child and false imprisonment after a 13-year-old neighbor girl accused him of repeatedly
punching her in the face and touching her private parts. He was sentenced to six years in prison and served five years before he was released in
September 2005. He completed probation in 2008.
Court records show that the psychiatrist who interviewed Gardner in that case said the man’s callous attitude and lack of remorse made him “an
extremely poor candidate for any sexual offender treatment.”
“It is my opinion that (the defendant) would be a continued danger to underage girls in the community,” said Dr. Matthew Carroll.
Prosecutors initially charged Gardner with more violent sex crimes that could have resulted in a sentence of more than 30 years because the terms
would have been served consecutively. A plea deal meant the maximum he could have faced was 10 years and eight months in prison.
Carroll recommended the maximum sentence, but a sentencing memorandum from the District Attorney’s Office said prosecutors asked for a six-year
sentence to resolve the case without a trial and spare the victim from testifying."
Laws are written by our elected representatives. We have only ourselves to blame. |
OK. I admit that I have not researched the earlier case. And I also feel the palpable anger and frustration being voiced by the posters on this
thread. But, as everyone trashes our legal/ judicial system, I was just wondering if the plea bargain may have been influenced by significant input by
the victim and her parents. Having to testify in such matters as victim can be emotionally devastating. It's one thing to submit that the DA made the
decision on the plea for their own reasons, but, if there had been forceful input from the victim and her parents, I'd have to lighten up on the DA.
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