Crazy light sentence for Norman man who molested autistic boy

[ThomPaine]

ThomPaine, surely you are only feigning surprise.

Society has widely accepted similar rationales over time. GLB (good looking boy/babe) has excused more behavior than most will ever care to even contemplate, let alone admit. Quite a bit of it, if accomplished by someone who is not GLB, ends in more serious charges and punishment.

Race and socio economics do factor in as well ... quite a bit. However, even within any particular race, a GLB will often fare better than one who is not.

Throw an M on the front for any race (M being for Money of course) and the effect is typically magnified.

This is not a product of the 80's, 90's, or this century. It's pretty much as old as mankind first establishing societal pecking orders.

Maybe I'm just disgusted by the fact that they've actually come up with a 'name' and are blatantly claiming it as a defense.

[Bunty]

My theory goes that in the past illegal drug use was associated with a lot of death, child molesters less so. Therefore more public outrage has been directed against illegal drug users leading them to spending more time in prison in at least some cases. Seems like I vaguely remember during the 1980s a lot of sensational drugs stories about people dying from overdosing on cocaine and other drugs, addicts holding people up and sometimes killing them, and lots of murderous gang warfare. In passing new laws, the Oklahoma Legislature lumped in marijuana as bad as any of the other illegal drugs.

[hoya]

It was an agreed plea. The DA and the defendant came to that sentence through negotiation. What that tells me is that the DA did not have a lot of faith in his or her ability to get a conviction if it went to trial.

[BBatesokc]

It was an agreed plea. The DA and the defendant came to that sentence through negotiation. What that tells me is that the DA did not have a lot of faith in his or her ability to get a conviction if it went to trial.

As someone who follows the criminal justice system very closely I'd have to strongly disagree. 99% (literally) of criminal cases end in a plea agreement. That has virtually nothing to do with a prosecutor's thoughts of whether or not the state would win at trial - its simply a matter of getting a case off their desk and it going down as a 'win' for the DA's office.

Prosecutors know that virtually nobody follows these cases nor says anything about this conclusion.

In this case all parties involved made full confessions and did not even put up much of a fight. Its all in the publicly available court records - records the public every rarely actually shows any interest in - which is a shame.

Exhibit A: Courts: Plea deals benefit taxpayers, lawyers say<br>Most cases never reach trial | News OK

[hoya]

As someone who follows the criminal justice system very closely I'd have to strongly disagree. 99% (literally) of criminal cases end in a plea agreement. That has virtually nothing to do with a prosecutor's thoughts of whether or not the state would win at trial - its simply a matter of getting a case off their desk and it going down as a 'win' for the DA's office.

Prosecutors know that virtually nobody follows these cases nor says anything about this conclusion.

In this case all parties involved made full confessions and did not even put up much of a fight. Its all in the publicly available court records - records the public every rarely actually shows any interest in - which is a shame.

Exhibit A: Courts: Plea deals benefit taxpayers, lawyers say<br>Most cases never reach trial | News OK

As a person who is going to be starting a murder trial in a little less than 11 hours, you're entitled to your opinion, but deals like the one above generally happen when the prosecutor sees his case falling apart.

[BBatesokc]

As a person who is going to be starting a murder trial in a little less than 11 hours, you're entitled to your opinion, but deals like the one above generally happen when the prosecutor sees his case falling apart.

So....... prosecutors don't trust their cases 99% of the time - because that the percentage that end in plea deals. I can list an endless stream of cases that ended in head shockingly light sentences and many (if not most) either had solid evidence to back up the prosecution - or the fact the defendant faced decades in prison if convicted should have assured they would have taken a stiffer plea if forced to do so.

In this case they had a confession and emails and phone records.

I can rattle off six people in the last couple of years who pleaded guilty to Human Trafficking and got 0-16 months in jail only. Yet the law said they were facing 20 years.

I made an accusation against Oklahoma County prosecutors not charging influential people and popular fellow lawyers after they were caught in prostitution stings. The DA called me on it and asked me to name names. I gave him my list and he said he'd get back with me. Its been months now and he refuses to answer the very question in which he asked me to back up. Why? Because I don't make accusations I'm not confident in (at least based on what evidence I have available). None of the cases against these men were any weaker than any other prostitution case. The difference is these men are wealthy and or well liked/connected.

I watched a judge let a felon gangbanger walk with only probation after he blind pled and admitted to the judge that he stood in front of a man's home and fired multiple rounds into the man's vehicle in an attempt to get him to come outside. When the judge asked him what he would have done if the guy came out - the gang banger said he'd have killed him.

Judge let him turn around and walk out the door. Had nothing to do with a weak case. Had everything with the judge's bias towards prosecutors who asked for this defendant to get more time than his co-defendant (around 15 years if I remember correctly).

Then there's the two OCPD officer's who committed the drive-by shooting outside Night Trips. The DA said "If these off-duty officers want to conduct themselves that way, that’s exactly how we’ll treat them — just like any other gangbanger...."

However, they weren't treated anything like gangbangers. They basically were simply required to leave OCPD. Even got to keep their CLEET and benefits and could work for another police department. One went and bought into an ice cream franchise in Bricktown. There was a mountain of evidence against them. Yet, they were allowed to walk.

As a lawyer surely you realize justice and a good case often have little to do with the outcome of criminal charges.

You are certainly entitled to your opinion - but I think the actual record and history weighs pretty heavy in this. But, based on our own perspectives of the criminal justice system our own bias's play a part as well.

[kelroy55]

As someone who follows the criminal justice system very closely I'd have to strongly disagree. 99% (literally) of criminal cases end in a plea agreement. That has virtually nothing to do with a prosecutor's thoughts of whether or not the state would win at trial - its simply a matter of getting a case off their desk and it going down as a 'win' for the DA's office.

Prosecutors know that virtually nobody follows these cases nor says anything about this conclusion.

In this case all parties involved made full confessions and did not even put up much of a fight. Its all in the publicly available court records - records the public every rarely actually shows any interest in - which is a shame.

Exhibit A: Courts: Plea deals benefit taxpayers, lawyers say<br>Most cases never reach trial | News OK

Are you saying that the prosecutor had a strong case but chose to agree with a crazy light sentence for this case?

[BBatesokc]

Are you saying that the prosecutor had a strong case but chose to agree with a crazy light sentence for this case?

Absolutely - and its not that rare at all.

[Bunty]

Surely, more people than just Alex Jones, who think criminals are running government.

[hoya]

So....... prosecutors don't trust their cases 99% of the time - because that the percentage that end in plea deals. I can list an endless stream of cases that ended in head shockingly light sentences and many (if not most) either had solid evidence to back up the prosecution - or the fact the defendant faced decades in prison if convicted should have assured they would have taken a stiffer plea if forced to do so.

In this case they had a confession and emails and phone records.

I can rattle off six people in the last couple of years who pleaded guilty to Human Trafficking and got 0-16 months in jail only. Yet the law said they were facing 20 years.

I made an accusation against Oklahoma County prosecutors not charging influential people and popular fellow lawyers after they were caught in prostitution stings. The DA called me on it and asked me to name names. I gave him my list and he said he'd get back with me. Its been months now and he refuses to answer the very question in which he asked me to back up. Why? Because I don't make accusations I'm not confident in (at least based on what evidence I have available). None of the cases against these men were any weaker than any other prostitution case. The difference is these men are wealthy and or well liked/connected.

I watched a judge let a felon gangbanger walk with only probation after he blind pled and admitted to the judge that he stood in front of a man's home and fired multiple rounds into the man's vehicle in an attempt to get him to come outside. When the judge asked him what he would have done if the guy came out - the gang banger said he'd have killed him.

Judge let him turn around and walk out the door. Had nothing to do with a weak case. Had everything with the judge's bias towards prosecutors who asked for this defendant to get more time than his co-defendant (around 15 years if I remember correctly).

Then there's the two OCPD officer's who committed the drive-by shooting outside Night Trips. The DA said "If these off-duty officers want to conduct themselves that way, that’s exactly how we’ll treat them — just like any other gangbanger...."

However, they weren't treated anything like gangbangers. They basically were simply required to leave OCPD. Even got to keep their CLEET and benefits and could work for another police department. One went and bought into an ice cream franchise in Bricktown. There was a mountain of evidence against them. Yet, they were allowed to walk.

As a lawyer surely you realize justice and a good case often have little to do with the outcome of criminal charges.

You are certainly entitled to your opinion - but I think the actual record and history weighs pretty heavy in this. But, based on our own perspectives of the criminal justice system our own bias's play a part as well.

There's a world of difference between an average plea deal and one of these "sweetheart" plea deals. Generally the length of the sentence is directly related to the strength of the case.

[BBatesokc]

There's a world of difference between an average plea deal and one of these "sweetheart" plea deals. Generally the length of the sentence is directly related to the strength of the case.

Sorry, but I couldn't disagree more.

All the examples I gave above were "sweetheart" pleas - and all very prosecutable. At the very least they are all cases strong enough to warrant stiffer please.

Another example, Edmond man was caught by OKC Vice and the FBI prostituting a pregnant 15 year old (16 when the arrest went down) in Edmond. He even prostituted her to disgraced Oklahoman reporter Zeke Campfield. The guy pleaded guilty to Human Trafficking - his sentence: 9-months of in-custody RID (are you kidding me? For selling someone's pregnant 15 year old?) There was nothing weak about the case and she could have claimed she was 100% consensual - wouldn't have mattered, she's only 15/16.

[Stew]

Sorry, but I couldn't disagree more.

All the examples I gave above were "sweetheart" pleas - and all very prosecutable. At the very least they are all cases strong enough to warrant stiffer please.

Another example, Edmond man was caught by OKC Vice and the FBI prostituting a pregnant 15 year old (16 when the arrest went down) in Edmond. He even prostituted her to disgraced Oklahoman reporter Zeke Campfield. The guy pleaded guilty to Human Trafficking - his sentence: 9-months of in-custody RID (are you kidding me? For selling someone's pregnant 15 year old?) There was nothing weak about the case and she could have claimed she was 100% consensual - wouldn't have mattered, she's only 15/16.

You should run for DA. You got my vote.

[hoya]

Sorry, but I couldn't disagree more.

All the examples I gave above were "sweetheart" pleas - and all very prosecutable. At the very least they are all cases strong enough to warrant stiffer please.

Another example, Edmond man was caught by OKC Vice and the FBI prostituting a pregnant 15 year old (16 when the arrest went down) in Edmond. He even prostituted her to disgraced Oklahoman reporter Zeke Campfield. The guy pleaded guilty to Human Trafficking - his sentence: 9-months of in-custody RID (are you kidding me? For selling someone's pregnant 15 year old?) There was nothing weak about the case and she could have claimed she was 100% consensual - wouldn't have mattered, she's only 15/16.

Human Trafficking is not listed in Title 57 Section 571, the section that defines statutorily violent crimes in Oklahoma. As a result, if the person is between the ages of 18 and 21, they are required to attend the RID program. That's no "sweetheart deal", there's no discretion. That's the law.

[positano]

Absolutely - and its not that rare at all.

I don't think you can say that with any confidence. I think you and Hoya are both correct - plea deals are generally struck in an effort to keep the system moving, but don't think for a minute that the strength of the case isn't one of the considerations in most cases. I'm at a disadvantage on this particular case because I don't know the facts, but I wouldn't assume you know all of the relevant facts just from reading the publicly available pleadings. An index crime during an upcoming election cycle? You can bet they didn't give that away easily.

[Prunepicker]

ThomPaine, surely you are only feigning surprise.

He'll continue to feign until someone tells him what to think. His posts have
certainly provided the evidence necessary to come to that conclusion.

In the meantime socioeconomics won't matter a hill of beans to someone who
doesn't understand them.

Most psuedo-pro Liberty people, (psuedo-pro Liberty means those who act
like they embrace Liberty buy don't) don't understand economic or Liberty. It's
only a cute attempt to make themselves appear to not be leftists. tp doesn't
embrace Liberty. In fact he's opposed to it at any cost.

[Bunty]

Meanwhile, getting back on topic:

Craigslist Predator Out Probation, Fails Register Sex Offender - News9.com - Oklahoma City, OK - News, Weather, Video and Sports |

[ljbab728]

He'll continue to feign until someone tells him what to think. His posts have
certainly provided the evidence necessary to come to that conclusion.

In the meantime socioeconomics won't matter a hill of beans to someone who
doesn't understand them.

Most psuedo-pro Liberty people, (psuedo-pro Liberty means those who act
like they embrace Liberty buy don't) don't understand economic or Liberty. It's
only a cute attempt to make themselves appear to not be leftists. tp doesn't
embrace Liberty. In fact he's opposed to it at any cost.

Although this is certainly off topic also, do you have anything to add besides attacking another poster?

[BBatesokc]

Meanwhile, getting back on topic:

Craigslist Predator Out Probation, Fails Register Sex Offender - News9.com - Oklahoma City, OK - News, Weather, Video and Sports |

Yet, people want to believe he got a slap on the wrist because the case was weak. If you can't make a case from a explicit craigslist post, confession and explicit emails then you probably shouldn't be a prosecutor.

[Bunty]

Yet, people want to believe he got a slap on the wrist because the case was weak. If you can't make a case from a explicit craigslist post, confession and explicit emails then you probably shouldn't be a prosecutor.

If only he got the child high on an illegal drug and the child ended up in the emergency room, maybe he would still be in prison.

[Bunty]

In Ohio, it was believed wrong to so much as charge a cop for masturbating with a pre-teen boy: Masturbating: Ohio Highway Patrol Trooper Won't Be Charged | TIME.com

[Prunepicker]

Maybe he's going to be outed while in prison. That would certainly make
things better. Most criminals hate sex offenders and know how to deal
with them properly.

[Bunty]

It's too bad the author of http://bubbaworld.com quit doing it after 10 years. He would have brought this story up. He claimed he moved to Oklahoma, because he couldn't believe the strange stories coming out of Oklahoma and had to come see and believe for himself.

[BBatesokc]

UPDATE: Teddy Dean Davis was released after only serving 75-weeks in prison for raping a 6-year-old autistic child while the father watched and masturbated.

He's only been out a couple of months and there has already been a motion to revoke filed because he was still accessing the Internet, was in possession of porn, using drugs and other violations.

And, of course he was given a bond and walked right back out of jail. If ever he was going to reoffend, it would be now - as he knows he's probably going back to prison.

Child rapist set free by D.A. Greg Mashburn, reoffends and is allowed bond » JohnTV

[hoya]

He's entitled to a bond unless the state complies with the requirements of Brill v Gurich, 1998 OK CR 49. One of the factors in Brill is whether the case carries a possibility of life in prison. If the guy has already been sentenced, then it no longer carries up to life in prison. It carries whatever the remaining term of probation is.

[Bunty]

He surely needs to try getting caught with growing a few pot plants as a means of staying in prison for a long time, since the law and culture seems to believe doing that presents a graver menace to the public than child rapists.

I wonder, though, if life in prison as a child rapist is all that bad and dangerous, since he offended his probation.