MalahatTwo7
05-26-2006, 12:18 PM
Judge Says Child Molester Is Too Short For Prison. Attorney General Will Appeal Sentence
POSTED: 9:05 am EDT May 26, 2006
LINCOLN, Neb. -- The sentence of probation for a man the judge said was too short to go to prison for sexually assaulting a 12-year-old girl will be appealed by Attorney General Jon Bruning.
"This sentence is far too lenient," Bruning said Thursday. "Anyone who sexually assaults a child deserves to live their life behind bars for awhile."
Survey: Send Child Molester To Prison?
Bruning said Thursday that his office will file the appeal within the next two weeks.
The case was drawing international attention, with crime victim advocates decrying the sentence and supporters of short people saying it's about time someone recognized the challenges they face.
"He would probably end up being somebody's woman," said Joe Mangano of New York City, secretary of the National Organization of Short Statured Adults. "Then again, after what he did some people might think he would deserve that sort of a fate."
The 5-foot, 1-inch tall Richard W. Thompson was sentenced on Tuesday to 10 years probation on two felony sexual assault charges.
Cheyenne County District Judge Kristine Cecava told Thompson his offenses warranted a long prison sentence, but she said that he was too small to survive very long in a state prison. He could have been sentenced to 10 years behind bars.
Thompson had sexual contact over a couple of months last year with the 12-year-old daughter of his fiancee, said Sidney Police Chief Larry Cox.
"I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl, with the Nebraska Domestic Violence Sexual Assault Coalition in Lincoln on Thursday.
More concern is being placed on the criminal and his safety in prison than the victim, Sohl said.
Thompson's attorney, Donald Miller of Sidney, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not immediately return a call seeking comment.
Bruning said Schaub was supportive of the appeal and was working with his office on it.
Cecava did not immediately return a message seeking comment.
The judge's reasoning also 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. or state constitutions provides protections based on physical stature, she said.
But the 5-foot-4-inch Mangano said he 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," Mangano said. "It's good to see somebody looking out for someone who is a short person."
Thompson's height would not put him at risk among the state's 4,400 inmates, said prison system spokesman Steve King.
"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."
There are protections available in prison to help inmates who feel threatened, King said, but to his knowledge no one has ever taken advantage of them based on fears related to their height.
State Sen. Ernie Chambers of Omaha, a longtime critic of judges, said he was totally 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."
There are laws against height discrimination in Michigan and in San Francisco and Santa Cruz, Calif., Mangano said. Repeated attempts to pass a similar law in Massachusetts have been unsuccessful.
Copyright 2006 by The Associated Press.
POSTED: 9:05 am EDT May 26, 2006
LINCOLN, Neb. -- The sentence of probation for a man the judge said was too short to go to prison for sexually assaulting a 12-year-old girl will be appealed by Attorney General Jon Bruning.
"This sentence is far too lenient," Bruning said Thursday. "Anyone who sexually assaults a child deserves to live their life behind bars for awhile."
Survey: Send Child Molester To Prison?
Bruning said Thursday that his office will file the appeal within the next two weeks.
The case was drawing international attention, with crime victim advocates decrying the sentence and supporters of short people saying it's about time someone recognized the challenges they face.
"He would probably end up being somebody's woman," said Joe Mangano of New York City, secretary of the National Organization of Short Statured Adults. "Then again, after what he did some people might think he would deserve that sort of a fate."
The 5-foot, 1-inch tall Richard W. Thompson was sentenced on Tuesday to 10 years probation on two felony sexual assault charges.
Cheyenne County District Judge Kristine Cecava told Thompson his offenses warranted a long prison sentence, but she said that he was too small to survive very long in a state prison. He could have been sentenced to 10 years behind bars.
Thompson had sexual contact over a couple of months last year with the 12-year-old daughter of his fiancee, said Sidney Police Chief Larry Cox.
"I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl, with the Nebraska Domestic Violence Sexual Assault Coalition in Lincoln on Thursday.
More concern is being placed on the criminal and his safety in prison than the victim, Sohl said.
Thompson's attorney, Donald Miller of Sidney, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not immediately return a call seeking comment.
Bruning said Schaub was supportive of the appeal and was working with his office on it.
Cecava did not immediately return a message seeking comment.
The judge's reasoning also 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. or state constitutions provides protections based on physical stature, she said.
But the 5-foot-4-inch Mangano said he 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," Mangano said. "It's good to see somebody looking out for someone who is a short person."
Thompson's height would not put him at risk among the state's 4,400 inmates, said prison system spokesman Steve King.
"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."
There are protections available in prison to help inmates who feel threatened, King said, but to his knowledge no one has ever taken advantage of them based on fears related to their height.
State Sen. Ernie Chambers of Omaha, a longtime critic of judges, said he was totally 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."
There are laws against height discrimination in Michigan and in San Francisco and Santa Cruz, Calif., Mangano said. Repeated attempts to pass a similar law in Massachusetts have been unsuccessful.
Copyright 2006 by The Associated Press.