Sex Offender gets PROBATION because of his HEIGHT

http://msnbc.msn.com/id/1.../?GT1=8199


Probation for short sex offender sparks debate

Judge decided that prison would be a danger for 5-foot-1 man

The Associated Press
Updated: 6:00 a.m. PT 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.


2 felony charges
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 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.

ACLU mystified
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."

Copyright 2006 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

© 2006 MSNBC.com






*****

WTF??? Shouldn't he have thought about whether or not he could survive prison BEFORE he abused a child???

that's incredible.

isn't it the state's job to ensure the safety of all prisoners - skinny, short, ugly, prone to pimples... what kind of legal precedent is this setting? there's got to be either more to the story, or there will be some reversal of the judge's decision (org legal minds - any thoughts?)

WTF! So now what, we don't punish someone because they are too old or too skinny or too weak or too weird or too fat or too slow or....????

He obviously was not too short to sexually assualt a CHILD!

"Always blessings, never losses......"

Ya te dije....no manches guey!!!!!

I'm a guy!!!!

this is ridiculous...

WTF kind of BULLSHIT IS THIS????

That slack jawed sun of a b**** didn't have any issues with his height when he sexually attacked someone else! The justice system has lost all sense of priority as well as their collective mutha*****n MINDS


...that being said, y'all please excuse me for cursing so much in my response. That was simply my gut response to hearing something as twisted as this taking place in what should have been a vindication for the VICTIMS of this SICK s**t. Since his height is such a question as to whether jail time is appropriate for his crime, I say why not get rid of the issue in question by approaching this situation LATERALLY and castrating the sicko

lawd jesus, i swear the end is near yall

go Ernie! Chambers is still the bomb.

but i hate to see this happening in my parents' state. everyplace seems to be as bad as the next... the worst stuff in france seems to happen in the smallest of towns, or in the rurals... which NE pretty much is.

no place is safe anymore.

thats crazy, pathetic, stupid, silly, dumb, man where have we gotten to?

Since when do we differentiate between criminals? Sure we do it from the viewpoint of religion, one who is a muslim is a terrorist, everyone else is never labelled that. Now we are doing it because Height? Next in line should be Weight, Age, Gender, Personality, Whether they are democrats or republicans, how big
their hands are, how big their breast are, what color eyes they have, what color their skin is ( Oh wait we kinda do that already) what else, what their fav color is, come on all we can go on all damn day.

Im not saying they should be put in with everyone else especially if they are these problems but to get off?????
[Edited 5/29/06 5:14am]

well, i figured there was more to the story.

so what better way to understand the background of this story that just seems too irrational to be true, than to interview a former prosecutor who is familiar with the case?

that's where our friend Bill O'Reilly comes in.

"we report (Bill O'Reilly's opinion), you decide (whether you want to switch channels because the sheer idiocy of exchanges like this one is a complete waste of time)"

http://www.crooksandliars...html#a8565

Well, maybe it hasn't crossed people's minds that his shortness actually lead to the situation of him "assaulting" a child sexually? (judging from that text alone, it doesn'r necessarily sound like an assault, more like taking an advantage of) In a society that has such a competetive atmosphere for people to get their sexual needs fulfilled it's hardly likely that a man who is 5ft tall is going to find a sexual partner for themselves that easily (and don't take Prince into equation). Years and years of frustration because of rejections could left him taking this other route. Many literate feminists would agree that "every pedophile has already suffered his punishment", one can only wonder what it feels like for an individual when they are starting to find underaged children sexually desireable. The mechanisms for that have to be horrid psychologically.

Novabreaker said:

What the fuck he should be burned in a swimming pool of gasoline.

i was going to post this...

i'm so ashamed that this happened in my state. there was a BIG uproar about this here. some were saying "it's about time someone recognized the challenges short people face" WHATEVER!!! that is the most ridiculous load of B.S. i have ever heard. so you're short. so what. does that mean you should be able to go out and rob a bank and NOT do prison time b/c you might get picked on? hurt? killed in prison? sorry, but if you can't do the time, don't do the crime.

in this case i just couldn't believe it. he molested a CHILD!! A CHILD!!! and got off with probation!?!? the attorney general was apppealing the sentence last i heard.... and the public is calling for that judge's resignation.

fantasyislander said:

i was going to post this...

i'm so ashamed that this happened in my state. there was a BIG uproar about this here. some were saying "it's about time someone recognized the challenges short people face" WHATEVER!!! that is the most ridiculous load of B.S. i have ever heard. so you're short. so what. does that mean you should be able to go out and rob a bank and NOT do prison time b/c you might get picked on? hurt? killed in prison? sorry, but if you can't do the time, don't do the crime.

in this case i just couldn't believe it. he molested a CHILD!! A CHILD!!! and got off with probation!?!? the attorney general was apppealing the sentence last i heard.... and the public is calling for that judge's resignation.