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September 3, 2013

New hearing ordered by Montana judge in case involving controversial 30-day child rape sentence

As reported in this local article, headlined "Judge orders new hearing on controversial rape sentencing," a high-profile state sentencing case from Montana took another notable twist this afternoon. Here are the details:

Saying the sentence he imposed on a former Billings teacher for the rape of a student may be illegal, Yellowstone County District Court Judge G. Todd Baugh has ordered a new hearing.

In an order filed Tuesday, Baugh set a hearing for Friday at 1:30 p.m. to determine whether the sentence he imposed last week on Stacey Dean Rambold should be revised. Baugh said in the order that the mandatory minimum sentence Rambold should have received appears to be two years, not the 30-day sentence that Baugh ordered on Aug. 26.

Yellowstone County Attorney Scott Twito called Baugh’s order an "unusual occurrence." Twito has been consulting with the Montana Attorney General’s Office to determine whether to appeal the case to the state Supreme Court. "The state will review the issue and we will be prepared to be in court on Friday," Twito said in response to the judge’s new order.

Rambold, a former Senior High teacher who admitted to raping a 14-year-old female student who later committed suicide, received a sentence of 15 years in prison, with all but 31 days suspended. He was given credit for one day previously served.

The sentence, and statements made by Baugh at the hearing last week, drew international attention and calls for Baugh’s resignation.

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Unless the state can show some type of conspiracy between the defendant and the judge. It's too fucking late. As for this govt fuckup. If the sentence was illegal now. Then I assume it was illegal when he gave it out. Why is this UNCHARGED criminal still on the bench? If he gave out an illegal sentence why was he not arrested and hauled off in chains.

Posted by: rodsmith | Sep 4, 2013 12:15:40 AM

rodsmith --

"Unless the state can show some type of conspiracy between the defendant and the judge..."

I doubt the state can do that, since the judge obviously lacks the mental capacity to enter into a conspiracy.

Posted by: Bill Otis | Sep 4, 2013 10:35:15 AM

Although I would like this defendant to be resentenced appropriately, how can he expect a neutral bench with all the world call for his and the judge's blood? Seems like it is too late for this judge to hear this case. We are way past an appearance of partiality: the judge has to impose time on this guy or get run off the bench.

Posted by: Ala JD | Sep 4, 2013 11:52:14 AM

Ala JD --

I agree. If there is to be a re-sentencing, it should be done by a different judge.

I have no idea if the present sentence is illegal under state law. But I know it's a scandal under ordinary notions of decency.

It was, however, useful while it lasted, as an unarguable example of why we should have mandatory minimums. No judge should be able to use what is hilariously called his "discretion" to make a joke of a teenage rape victim.

Posted by: Bill Otis | Sep 4, 2013 4:58:24 PM

|"admitted to raping a 14-year-old female student who later committed suicide"|

We should note as well, that American females are 4x less likely than males to kill themselves,
{"the male to female suicide death ratio varies between 3:1 to 10:1"-- familyfirstaid.org}
so this girl was massively traumatised.

Posted by: Adamakis | Sep 5, 2013 10:02:36 AM

I would be willing to bet that the government/law enforcement/parent/public reaction and actions to her rape(s) were much more of a factor in this teen's suicide than was the actual act of sex with the teacher. I will admit that I haven't read much about the case but I do expect that in most of these cases, the teen simply wants to put the issue behind him/her. No doubt that this girl was told that she "massively traumatised" and would be a victim and suffer for the rest of her life. She must have been told she was permanently damaged.

One thing that I don't get about this latest trendy, me-too, politically-correct lynching is why the prosecution team is not being attacked. They are the people who made the offer of no jail time at all. And let's not forget that he was sentenced to lifetime punishment of Registration. So who cares about the jail time? Is that not enough?

And also let's not forget that it wasn't long ago at all that the age of consent in some states in this country was 14. We didn't know any better until the Sex Offender Witch Hunt started to educate us all. How much longer do you think before it is 21? And our kids will be expected to live with us until they are 30.

I don't know, I expected a lot of accountability from my own kids, I guess. Setting aside the suicide, if this had happened to one of my daughters, I would have felt like I had partially failed. It was the teacher's fault but I would have felt like I personally did not do what was necessary to teach my child how to avoid that and participate in her life enough to help prevent it. I know that kids do things they shouldn't but I still would have felt partially responsible.

I also never would have notified law enforcement either. I have learned via the Registries that they don't know how to handle such things. They would undoubtedly make nearly any situation worse. Further, after they Register people such as this teacher, they will be working and working to help him commit another sex crime or other crimes. Why would I want to take a productive citizen and make him someone who hates people, doesn't care about his community, and doesn't care about committing crimes?

I'm biased against the criminal regimes, I know. I'm sorry I can't help it. Anyway, I had a great Registry Retaliation weekend last weekend. How about everyone else?

Posted by: FRegistryTerrorists | Sep 5, 2013 2:15:59 PM

FRegistryTerrorists --

"Setting aside the suicide..."

And other than that, Mrs. Lincoln...

"It was the teacher's fault but..."

As soon as the "but" shows up, trouble is brewing.

"Anyway, I had a great Registry Retaliation weekend last weekend."

Could you give some specifics on what you did?

"How about everyone else?"

I had picnic, thought through some points I wanted to make in my FedSoc teleforum with Doug, and contemplated what a blessing this country has been to its people and the world -- by leaps and bounds the most beneficent nation of its power the world has ever seen.

The landscape looks very different when viewed with gratitude instead of anger. Maybe you could try that for a while and see whether you agree.

Posted by: Bill Otis | Sep 5, 2013 4:46:52 PM

So Bill they should be "grateful" for a country that treats them like second class citizens as best and Animals at worst!

They should be "grateful" for a govt that ILEGALLY has been changing the rules of their convictions for decades after the fact.

They should be "grateful" for a govt that has created the Megan's Law "hit list" so the complete retards i.e the american public can use it to persecute and harass them for LIFE!

They should be "grateful" for a govt and fellow citizens who use LIES and FRAUD to keep the illegal registry scheme alive and well?

YEA RIGHT!

What they should be doing is getting together and use thier justifiable anger to destroy what's left of the former United States of American so it can be given a nice funeral and we can buld a new country!

Posted by: rodsmith | Sep 6, 2013 6:46:42 AM

Bill:

We all know it is difficult to explain things briefly without ambiguity. You should try harder to focus on what people are trying to say instead of on nitpicking.

For example, instead of "Setting aside the suicide", does "Even excluding the suicide" work better for you? I was saying that even without the suicide, if I was one of the parents, I would have felt like I failed. I also would not have informed law enforcement of anything because I would have felt that they, and the swirling cesspool of nonsense around them, would absolutely harm my daughter more. They might even contribute to her committing suicide.

I could get into specifics about my Registry Retaliation weekend, but they aren't that important. Basically, I just had a great, normal weekend where the Registries had no hope of keeping me from committing any crime that I would like. That's what it means. I spent a lot of time around a lot of different people and had lots of opportunities to molest children.

But I also took steps to harm people who support the Registries. I took steps to make my life better and theirs worse. I took steps to take money away from local governments. So that's it, basically. A successful retaliation day is just ensuring that the Registries are worse than worthless and providing retribution for their existence. All while living a better life than the Registry Terrorists.

And I am grateful for my county. But that doesn't mean that I can't complain about its problems or try to correct them. Terrorists who support the Registries are harming my country and they need to be neutralized.

Families who are listed on the Registries should be angry and should stay angry. Anger is a great motivator and it drives you to do things you should be doing. Families who are listed on the Registries should use it to enrich their lives at the expense of people who support the Registries.

The trick with the anger created and maintained by the Registries is that you cannot let it seep into the rest of your life. You have to be a happy person generally and yet cultivate the anger driven by the Registries and direct it at the people who deserve it.

I am kind and generous to a fault with the people I know and love who I know do not support the Registries. However, when dealing with anyone else, I start with the assumption that this is a person who supports the Registries and will harm my family. I owe them nothing, not even civility. So when you see someone cut you off on the road and then flip you off, that might be me. I can be as big a jerk as is convenient, I'm listed on the harassment Registry.

That is what the Registries are bringing to this country. I hope that the millions of families affected by the Registries stay angry for decades and act exactly the same way. I saw an article very recently that was talking about the "surprising" demise of civility in this country. It's no surprise to those of us who know reality.

Posted by: FRegistryTerrorists | Sep 6, 2013 8:56:02 AM

rodsmith --

The way the world is constructed, there are all manner of things for which a person can be deeply angry, and all manner of things for which he can be grateful.

Only lunatics focus exclusively on one to the complete exclusion of the other, but my experience is overwhelmingly that well-adjusted people focus more on the things for which they can be grateful.

Posted by: Bill Otis | Sep 6, 2013 5:33:49 PM

Well Bill amost any battered wife will confirm that it's almost impssible to feel greatfel or anything else when being slapped every day.

Posted by: rodsmith | Sep 6, 2013 6:28:32 PM

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