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Dave
Elite Nomad
Posts: 6005
Registered: 11-5-2002
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| 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
Honored Nomad
Posts: 65286
Registered: 8-30-2002
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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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DENNIS
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Posts: 29510
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| 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 ...
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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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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
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| Quote: | Originally posted by David K
(and the 9-11 terrorists) shouldn't have them ...
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A shame you had to add that when it is COMPLETELY not related to this tragic story. Not unexpected, however.
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
Platinum Nomad
Posts: 29510
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Location: Punta Banda
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| 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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k-rico
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Posts: 2079
Registered: 7-10-2008
Location: Playas de Tijuana
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"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
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| 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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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
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| 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. 
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k-rico
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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
Platinum Nomad
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| 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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Location: Playas de Tijuana
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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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DianaT
Select Nomad
Posts: 10020
Registered: 12-17-2004
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| 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.
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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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Posts: 376
Registered: 5-19-2009
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Interesting discussion for a Baja forum.
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nanachel
Newbie
Posts: 9
Registered: 1-9-2010
Location: La Mesa, Ca
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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
Elite Nomad
Posts: 9274
Registered: 12-15-2008
Location: Disneyland Adjacent and anywhere in Baja
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| 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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comitan
Ultra Nomad
Posts: 4177
Registered: 3-27-2004
Location: La Paz
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Mood: mellow
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eunuch
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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bajabass
Super Nomad
Posts: 2016
Registered: 10-4-2006
Location: La Paz,BCS
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Mood: Want to fish!!!
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I know what you mean, but along the same lines, castration is a viable option in my book!
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DENNIS
Platinum Nomad
Posts: 29510
Registered: 9-2-2006
Location: Punta Banda
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| 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
Ultra Nomad
Posts: 4177
Registered: 3-27-2004
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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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