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Author: Subject: Missing Teenager - NEED HELP
Dave
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[*] posted on 3-3-2010 at 10:55 AM


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.




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David K
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[*] posted on 3-3-2010 at 11:00 AM


I vote for people that belive the victims have rights, and animals like Gardner (and the 9-11 terrorists) shouldn't have them ...

Those of you who vote make sure that those you pick don't give the criminals more rights than the victims!




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[*] posted on 3-3-2010 at 11:21 AM


Quote:
Originally posted by David K
I vote for people that belive the victims have rights, and animals like Gardner (and the 9-11 terrorists) shouldn't have them ...



Honoring a person's rights is not honoring the person. Take away a person's rights and you turn into an animal as repulsive as the offender.
The scum has rights and, in spite of that, he'll get his.
We are not a lynch-mob.
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David K
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[*] posted on 3-3-2010 at 11:28 AM


No, we aren't... but they put him in isolation because even other criminals have little tollerance for child rapists and killers... and he wouldn't last long.

His 'rights' allowed him to attack a young girl (again) and murder her...




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DianaT
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[*] posted on 3-3-2010 at 11:29 AM


Quote:
Originally posted by David K
(and the 9-11 terrorists) shouldn't have them ...


A shame you had to add that when it is COMPLETELY not related to this tragic story. Not unexpected, however.
:no::no:

A really sad time for the parents, so very sad. And it is a shame the creep was let loose.

As parents please keep an eye on the National Sex Offender Register----know your neighbors. It certainly cannot stop this from ever happening, but it is a tool.

Perhaps the easiest way to take care of someone like this creep is to turn him loose on the general population yard in a prison and be sure the inmates know his crime-----but, that is a lynch mob mentality and I really do not approve of such things.

I agree with Dennis and his comments about rights and who one becomes when the rights are taken away.







[Edited on 3-3-2010 by DianaT]
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DENNIS
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[*] posted on 3-3-2010 at 11:30 AM


Quote:
Originally posted by David K
His 'rights' allowed him to attack a young girl (again) and murder her...


That is absurd.
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[*] posted on 3-3-2010 at 11:32 AM


"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.
"

The big mistake here was made by the DA who OKed the plea bargain. That's how they got him to change his plea from innocent to guilty and thereby eliminate the need for a trial. The DA was told this guy was dangerous and they originally wanted to put him away for 30 years.

Those of you using the victim vs. criminal rights BS argument are not only absolutely wrong in this case but you are also missing the real cause of this tragedy and therefore hurting the possibility that it will be fixed.

The DA in the original case did not perform his duty to prosecute this guy in a manner that fit the crime.

[Edited on 3-3-2010 by k-rico]




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DianaT
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[*] posted on 3-3-2010 at 11:35 AM


Quote:
Originally posted by k-rico
"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.
"

The big mistake here was made by the DA who OKed the plea bargain. That's how they got him to change his plea from innocent to guilty and thereby eliminate the need for a trial. Ther DA was told this guy was dangerous and they originally wanted to put him away for 30 years.

Those of you using the victim vs. criminal rights BS argument are not only absolutely wrong in this case but you are also missing the real cause of this tragedy and therefore hurting the possibility that it will be fixed.

The DA in the original case did not perform his duty to prosecute this guy in a manner that fit the crime.


If the prison system was not so crowded, perhaps the prosecutions would be better in cases like this. And there is a quick way to fix the overcrowding problems, but that is a different topic that has been beat to death around here.




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[*] posted on 3-3-2010 at 11:42 AM


Quote:
Originally posted by DianaT
And there is a quick way to fix the overcrowding problems,



Arm the prisoners? That should thin it out in no time. :lol:
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[*] posted on 3-3-2010 at 11:42 AM


The reason given for the original plea bargain is they did not want to put the 13 year old victim through the rigors of testifying. Understandable concern but, as it turned out, a concern too small to justifyably act upon.

[Edited on 3-3-2010 by k-rico]




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DENNIS
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[*] posted on 3-3-2010 at 11:44 AM


Quote:
Originally posted by k-rico
The reason given for the original plea bargain is they did not want to put the 13 year old victim through the rigors of testifying. Understandable concern but, as it turned out, a concern too small to act upon.



The system sucks. How long has it been since it's been scrutinized for reform? Not just this aspect of the system...the whole thing.
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k-rico
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[*] posted on 3-3-2010 at 11:50 AM


I wonder if the judge in the original case could have rejected the plea bargain or if judges have to accept what the prosecuters decide?

Also wonder if the DA in the original case had solid evidence. Maybe they thought there was a good chance the guy could walk if they went to trial.

Plea bargaining is a tricky business.




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[*] posted on 3-3-2010 at 11:51 AM


Quote:
Originally posted by DENNIS
Quote:
Originally posted by DianaT
And there is a quick way to fix the overcrowding problems,



Arm the prisoners? That should thin it out in no time. :lol:


:lol::lol::lol:

Reform the system? Having worked in the system---well, anything that does work does not stick around the system long----the system is more interested in job security---another story.

But, no one has ever found any effective reform for sociopaths and sex offenders---sometimes one in the same.




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Donjulio
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[*] posted on 3-3-2010 at 12:11 PM


Interesting discussion for a Baja forum.
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[*] posted on 3-3-2010 at 12:22 PM


I like the way Jessie thinks, this guy shouldn't be allowed to breathe the air. Let out early?? Registered or not this guy shouldn't be allowed to walk the streets. I agree with Diane T. what ever works, doesn't stick around, doesn't suit the bigger picture of Shock & Awe
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Bajahowodd
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[*] posted on 3-3-2010 at 01:08 PM


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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[*] posted on 3-3-2010 at 01:29 PM


eunuch



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[*] posted on 3-3-2010 at 01:40 PM


I know what you mean, but along the same lines, castration is a viable option in my book!
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DENNIS
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[*] posted on 3-3-2010 at 01:45 PM


Quote:
Originally posted by bajabass
I know what you mean, but along the same lines, castration is a viable option in my book!



Won't stop murder.
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comitan
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[*] posted on 3-3-2010 at 01:58 PM


Dennis the mans Sex drive got him into the position that he thought murder was the only way out.



Strive For The Ideal, But Deal With What\'s Real.

Every day is a new day, better than the day before.(from some song)

Lord, Keep your arm around my shoulder and your hand over my mouth.

“The sincere pursuit of truth requires you to entertain the possibility that everything you believe to be true may in fact be false”
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