Former Montana teacher gets 30 days for student rape

[creekland]

In no way am I saying the ruling was right. It's just that people get hung up on things that aren't relevant when they say it's wrong. There is clearly wrongheadedness in the judge's characterization of the victim. But he also had reasonable reasons, such as a lack of evidence that he's likely to do something like this again.

I don't think any of us are getting hung up on things that aren't relevant.  I think the judge used the technicalities of the law to let an offender get off without punishment (more than a slap on the wrist).  The only reason I can think of for this is that the judge feels exactly as he said - that it was as much the girl's fault since she had a crush on the teacher and was willing to go with him. 

 

It also makes me wonder what's in the judge's closet to align so much with the offender and so little with the victim.  I've also wondered if the girl is a minority (her name sounds like she could be, but I haven't looked for pics) and if discrimination is part of it, esp if the offender was white (didn't look, so don't know), but I saw the judge's pic - he's white.  It's totally wrong, but there are folks out there who are prejudiced and let their thoughts/actions reflect that.  He could be one of those.

 

There are a few reasons I can think of as to why the judge ruled as he did - none of them right - nor do I think your assessment is right as to his reasons, esp since it does not match the various facts written in the articles.  Unfortunately, you are probably correct that the judge will get off with his ruling.  The "Good 'Ole Boy Network" is doing just fine.  If there are other victims from the perp or the judge, the likelihood of them coming forward are pretty nil considering justice does not appear to happen in that region.  Let's hope there's a vigilante who is smart enough to get away with it... but that's just wishful thinking wanting justice done.

[Ravin]

The judge's job is to not be aligned with either side, but neutral. I never said I agreed with his reasoning. Just that it had enough rational basis in the legal sense to stick.

 

I also don't think it implies anything about skeletons in his closet. The main problem I see is that personal beliefs about what one thinks the law should be should not play in to how a judge sentences.

 

The main thing I think can be miscommunicated in the news is facts. Facts considered by the judge, such as harm to the victim, must have basis established in admissible evidence. For example, the prosecution may not have been able to establish that the emotional impact of the man's acts contributed to her suicide. Evidence that the girl was willing although unable to consent would rationally provide mitigation to the counterbalancing evidence of harm. Personally in a case like this with the balance of power being what it was, I would not see it the way the judge did, though I might if, say, the defendant was an 18 yo. high school senior.

[Kathryn]

I've also wondered if the girl is a minority (her name sounds like she could be, but I haven't looked for pics) and if discrimination is part of it, esp if the offender was white (didn't look, so don't know), but I saw the judge's pic - he's white. It's totally wrong, but there are folks out there who are prejudiced and let their thoughts/actions reflect that. He could be one of those.

 

 

I thought the same thing as well. I looked up pictures. She was Hispanic, he is white.

As usual, the media seems to be skipping out on facts important to the story, in order to simplify and dumb down the story.  This guy was originally tried in 2010, and the prosecution offered a plea bargain where he would plead guilty to raping the girl, but the charges would be dropped if he completed his sex offender program ?????  What was the thinking there?  Was this same judge in that court?  Seems to me that's a much more outrageous miscarriage of justice than his current parole violations.  Still, if justice can be (belated) applied because of the seemingly minor parole violations, I'm all for that.

[creekland]

As usual, the media seems to be skipping out on facts important to the story, in order to simplify and dumb down the story.  This guy was originally tried in 2010, and the prosecution offered a plea bargain where he would plead guilty to raping the girl, but the charges would be dropped if he completed his sex offender program ?????  What was the thinking there?  Was this same judge in that court?  Seems to me that's a much more outrageous miscarriage of justice than his current parole violations.  Still, if justice can be (belated) applied because of the seemingly minor parole violations, I'm all for that.

I read that too and it is another thing that screamed to me "Good Ole Boys Network" in action.  It's not always one person, it's usually a culture.  The prosecution comes from the local "justice" system... not any sort of private attorney (not that the family likely could have afforded one anyway).  Being minority (and not likely to have lived there for YEARS in the family line at least - not years with stature), the family was not part of it.

 

It's really sad that this stuff still exists and that people are able to get away with it.

[Murphy101]

I read that too and it is another thing that screamed to me "Good Ole Boys Network" in action. It's not always one person, it's usually a culture. The prosecution comes from the local "justice" system... not any sort of private attorney (not that the family likely could have afforded one anyway). Being minority (and not likely to have lived there for YEARS in the family line at least - not years with stature), the family was not part of it.

 

It's really sad that this stuff still exists and that people are able to get away with it.

That did not scream good ol boy network to me, tho I am not discounting that was possible.

 

To me, it screamed not enough evidence to prosecute at the time and they knew it, but at least this gets a guilty plea and maybe some slim chance of rehabilitation and accountability if he doesn't go, which it did. Whereas if they had tried to prosecute (and dragged the victim through that trial) without enough evidence, he would not have been convicted and not have had ANY punishment at all. Prosecutions often have to decide if its worth it to prosecute or deal based on the reality of their chances of getting a conviction based on the evidence they have.

[creekland]

That did not scream good ol boy network to me, tho I am not discounting that was possible.

 

To me, it screamed not enough evidence to prosecute at the time and they knew it, but at least this gets a guilty plea and maybe some slim chance of rehabilitation and accountability if he doesn't go, which it did. Whereas if they had tried to prosecute (and dragged the victim through that trial) without enough evidence, he would not have been convicted and not have had ANY punishment at all. Prosecutions often have to decide if its worth it to prosecute or deal based on the reality of their chances of getting a conviction based on the evidence they have.

If it were JUST that, I would tend to agree with you and we'd have never heard of the case.  That PLUS this lead me to my current line of thinking.

[Murphy101]

What's the this? The judge decision? I wouldn't presume the judge and the prosecutor are buddies. They might be, but I wouldn't presume it.

ETA: especially as the prosecutor wanted 10 years iirc?

[creekland]

Out of curiosity, have you lived in a small town?  For most of my life, it's all I've lived in (multiple small towns as we've done a few moves over the years).  Most (ok, probably all) smaller areas have a network within them that may be difficult to explain if you haven't experienced it.

 

Yes, the prosecutor was asking for 10 years... that was what he was supposed to do (wink, wink). It wouldn't "look" right if he did not.  He and the judge may not be friends (in a rural area - they definitely would know each other), but they likely know how things work.

 

Where I live now is small, though larger than other areas where I've lived.  The "network" that runs the place is still alive and well and if you want to be in business you play within it (works for business and similar legal things as well as the rare criminal case that comes up).  It's not all a bad thing as often common sense CAN rule more than the letter of the law and common sense tends to be better.  But when it's bad, it's nearly impossible to fix.

Whereas if they had tried to prosecute (and dragged the victim through that trial)

 

This plea bargain happened months after the girl killed herself.

[creekland]

There may be hope...

 

 

A legal review of Monday's sentencing suggests Rambold may have gotten off too easily.

That review determined that if Baugh had applied the proper section of state law, the defendant would have received a minimum of two years in prison, according to a memo sent by Yellowstone County Attorney Scott Twito to the appellate division of the state Attorney General's Office.

Prosecutors had sought a 20-year sentence with 10 years suspended. Baugh ordered Rambold to serve 15 years, with all but 31 days suspended and a one day credit for time already served.

The state has 20 days to appeal the sentence. Twito said he's working with the appellate division to decide whether to take that step.

"It will be looked at and reviewed carefully before any action or any decision is made," Twito said.

Read more: http://latino.foxnews.com/latino/news/2013/08/30/teenage-rape-victim-mom-rejects-apology-from-montana-judge/#ixzz2dTWX189r 

 

If anything can overcome this horrid judgment, publicity might be what spurs it.  I'm really glad the community, state, and nation have heard about it and the reaction is as it should be.  If nothing else, it lets that mom (and any other family) know they are not alone.  It also (hopefully) shames the judge and warns others who might think similarly that most people disagree with them.

[LostSurprise]

http://news.yahoo.com/montana-supreme-court-overturns-controversial-one-month-rape-161342705.html

 

Sentence overturned and case sent to new judge.

[IfIOnly]

http://news.yahoo.com/montana-supreme-court-overturns-controversial-one-month-rape-161342705.html

 

Sentence overturned and case sent to new judge.

 

I saw this in the news earlier today.   :hurray:

[Liz CA]

http://www.foxnews.com/us/2014/04/30/montana-teacher-1-month-rape-sentence-overturned/

 

This article mentions a minimum of 2 years in prison.

[Catwoman]

Thank you for posting the update!

[gardenmom5]

one other thing I'd like to see is the first judge thrown off the bench.

[FaithManor]

I can attest to the kind of network that Creekland is talking about. In our county, one of our criminal court judges was finally thrown off the bench over sexual harrassment lawsuits. He was brought down on thoe complaints - well known womanizer and any female that worked at the courthouse routinely warned new female employees to watch out for Judge k's groping ways - but it was a brave, young law student who interned for him one summer who attempted to press charges against him for rape one night when she had to work late for him that ultimately got him thrown out. She did receive medical treatment abd it was declared rape, but he was never charged despite her attempts to prosecute. He, the DA, and assistant DA are all golf buddies.

 

When a new judge was elected to take his office, she found 200+ cases on his docket that NEVER CAME TO TRIAL...literally accused persons, many of them the evidence overwhelmingly pointing to them being "guilty as sin" , running around free as birds and for YEARS. Guess what most of the allegations were? Sex crimes. One of the cases was against....ready for this? The owner of their favorite golf course. She worked her tail off to get those cases on the docket and tried. 75% successful prosecution rate once we got rid of our slimeball D.A. and his friend the assistant D.A.

 

It should have been on dateline or some other news show. But nothing that happens out here, no matter how heinous, ever ends up picked up by more than the local newspapers. Well, except for the school principle that suspended a 4th grader for the little green army men that were used to decorate his birthday cupcakes. We managed national headlines on that.

[creekland]

I can attest to the kind of network that Creekland is talking about. In our county, one of our criminal court judges was finally thrown off the bench over sexual harrassment lawsuits. He was brought down on thoe complaints - well known womanizer and any female that worked at the courthouse routinely warned new female employees to watch out for Judge k's groping ways - but it was a brave, young law student who interned for him one summer who attempted to press charges against him for rape one night when she had to work late for him that ultimately got him thrown out. She did receive medical treatment abd it was declared rape, but he was never charged despite her attempts to prosecute. He, the DA, and assistant DA are all golf buddies.

 

When a new judge was elected to take his office, she found 200+ cases on his docket that NEVER CAME TO TRIAL...literally accused persons, many of them the evidence overwhelmingly pointing to them being "guilty as sin" , running around free as birds and for YEARS. Guess what most of the allegations were? Sex crimes. One of the cases was against....ready for this? The owner of their favorite golf course. She worked her tail off to get those cases on the docket and tried. 75% successful prosecution rate once we got rid of our slimeball D.A. and his friend the assistant D.A.

 

It should have been on dateline or some other news show. But nothing that happens out here, no matter how heinous, ever ends up picked up by more than the local newspapers. Well, except for the school principle that suspended a 4th grader for the little green army men that were used to decorate his birthday cupcakes. We managed national headlines on that.

 

It's sad isn't it?  I love small town/rural living in general, but it definitely can have its dark side.

 

In this case, I'm glad justice is currently taking over and hope it continues.  I'm sure it's only due to the national coverage though.

[La Texican]

I'm so glad to hear that!