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  Law and Public Justice

Too Short for Prison
A Criminal Escapes Justice

By Daniel Muniz


Richard W. Thompson was facing a sentence of ten long years in prison for molesting a 12 year old girl. Instead, Cheyenne County District Judge Kristine Cecava of Nebraska gave him probation on the grounds that this miscreant was “too short” to endure a prison stay.

Although the judge agreed that Thompson committed a heinous crime against a child that should be punished, she simply felt that he was not tall enough to adequately survive prison. Regardless of the actual horrendous nature of his crime, the “perceived” well-being of this thug came before justice.

Thompson, who is 5-foot-1 will now be electronically monitored and will have to stay away from anyone who is under 18 years of age. In addition, he cannot live with a woman who has children under the age of 18. He will also have to get rid of his pornography. And that is about it.

Incidentally, this child molester even has some supporters.

The National Organization of Short Statured Adults has rallied to Thompson’s side. Joe Mangano, the secretary of that organization has stated:

"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."

Apparently it doesn’t matter to the members of this group that Thompson sexually assaulted a little girl; just as long as he doesn’t get sent to prison because he is not tall enough. Mangano doesn’t seem to understand that when you break the law, you take your chances with what can happen to you.

Even the Nebraska ACLU chapter was mystified because no one had ever tried using physical height as a means to get out of prison.

But why do lawyers or judges pursue such shenanigans like this?

Reminiscent of the attractive blonde teacher who was convicted of having sexual relations with one of her teenage students but got probation because she was “too pretty” to go to prison, this sentence reflects an irresponsible nature of our legal system.

Story Continues Below ê

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Just because sensibilities are affected, a lowlife will avoid justice. Yes, a blonde teacher may be good-looking but is that really a good enough excuse for her to avoid punishment? The same goes with this “height challenged” criminal. So he will be shorter than the rest of his inmates, does his physical stature nullify the gravity of his crimes, especially that of sexual assault of a child?

And what other crimes should he and other “short” people be able to get away with?

Of course, this isn’t the first time that such “mitigating circumstances” have been employed by defense attorneys.

Lawyers have always paraded a plethora of excuses before judges and juries that range from the tear-jerking to the ridiculous.

Yes, your client may have experienced a broken childhood, been neglected by parents, ran with the wrong crowd, had an abusive father, or maybe even lived in house that didn’t have cable television. Yes, that biographical background is heart wrenching. Yes, your story is sad.

But even with all the biographical narratives, a brutal crime was still committed and all the background information in the world does not take away from the pain and agony that was inflicted. So regardless of how bad your past was or what you are facing today, you still did a bad thing.

However, I do agree that mitigating circumstances have to be presented to the court and they have to be carefully weighed against the severity of the crime and as well as against everything else involved. And I do whole-heartedly accept that there may indeed be extenuating and unusual circumstances that may warrant an alternative form of punishment and I feel that the public ought to have an open mind to that.

But don’t mistake the general public as idiots as demonstrated here.

Yes, prison is harsh. Yes, it is unpleasant and may even be rather hazardous. But if Thompson is scared of prison, then perhaps he should not have committed a crime that will put him there.

And the same goes for all other criminals. If you don’t like prison, then don’t come back. Do not commit vicious inhumane acts of violence against other people or violate the law because prison is where you will end up.

Overall, this sentence was outrageous and the reasoning behind it was completely misguided. The public has to be vigilant against the judges who allow a vicious hoodlum to have more rights than the victim.

We want your opinion! Tell us what you thought about this article. Click the Your Feedback menu item to send us your comments.
 
COMMENTS
I just ran across your article about this incident, which occurred around Memorial Day. I am currently Vice-President of NOSSA and we wholeheartedly opposed Judge Cecava's decision! Mr Mangano gave his own independent opinion to the AP reporter without getting the organization's stance on the matter and unfortunately it was erroneously reported that his views were the organization’s as well.

NOSSA is about equality for shorter individuals and part of that means equal punishment. Judge Cecava's ruling didn't help our cause. At the same time, that equality has to apply across the board and in all walks of life, such as when it comes to holding higher positions... positions which seems to be reserved for the taller, elite (such as President, CEOs etc). So, if a short man's crimes warrant him to be treated like a man of taller stature (and in this case it is absolutely true), then he should be treated as an equal man when it comes to wanting to run for a political position, in social situations, dating etc. and we all know that isn't true.

Thanks
Christopher A Hamre
VP/NOSSA

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