« Long child porn sentence affirmed by Eleventh Circuit | Main | Eleventh Circuit grants mandamus in CVRA case »

December 19, 2008

Louisiana child rapist officially comes off state's death row

Patrick Kennedy is surely the most famous child rapist sentencing to death, since his case went all the way the the Supreme Court and led to the Kennedy ruling that the Eighth Amendment precluded all capital child rape sentencing.  But Louisiana had another child rapist sent to its death row, Richard Davis, and this local news article details the lastest development in his case:

Richard Davis, a 36-year-old who was on death row for raping a 5-year-old girl, now faces life in prison. Caddo District Judge Scott Crichton resentenced the Ohio native Thursday afternoon.

A Caddo jury last year sentenced Davis to die after convicting him of aggravated rape for repeatedly sexually assaulting the child from October 2004 to January 2005.  The U.S. Supreme Court ruled in June a child rapist cannot be executed, forcing Crichton to resentence Davis.

By default, Crichton today sentenced Davis to life in prison at hard labor without the possibility of parole, probation or suspension of sentence....

In 2007, the jury also convicted Davis of one count of indecent behavior with a juvenile for promoting a 16-year-old girl for prostitution in 1996.  Crichton resentenced him Thursday to serve those seven years consecutively. "I want it to be clear that this man should never be released under any circumstances," the judge said....

Crichton discusses the Supreme Court [Kennedy] ruling in an article on his Web site. It states: "Now if an offender with a history of being a violent sex offender kidnaps a 5-year-old child from the bedroom of her parents' home in the middle of the night, rapes her repeatedly, causing severe permanent physical and psychological damage, and then cuts off both of her arms, this offender is ineligible for the death penalty following a full trial, due process and unanimous jury verdict no matter what the state law provides.  Why? Because five justices out of nine on the U.S. Supreme Court believe that it's cruel and unusual punishment."

Judge Crichton's website can be found at this link, where one can find this August 2008 entry titled "Ruminations on Kennedy v. Louisiana: Further Erosion of the Death Penalty?"

December 19, 2008 at 05:31 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201053689de44970c

Listed below are links to weblogs that reference Louisiana child rapist officially comes off state's death row:

Comments

A sad day for the rule of law in this country.

Posted by: federalist | Dec 22, 2008 3:47:58 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB