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April 3, 2015
Should age matter at sentencing of elderly child molester?
The question in the title of this post is prompted by this local article headlined "Sentencing delayed for 89-year-old child molester in Santa Cruz County." Here are excerpts:
An 89-year-old Felton man is expected to be sentenced in May for molesting a girl younger than 9, but her supporters fear that his advanced age might play a role in a reduced sentence.
Thursday, Santa Cruz County Superior Judge Stephen Siegel delayed a sentencing for Eric Frank Greene, who already pleaded no contest to a felony charge of lewd acts with a minor. The crimes took place in 2004.... Prosecutor Rafael Vazquez said he does not believe there are other victims.
Greene faces a wide range of sentences, from probation to up to eight years in prison. “I haven’t made an ultimate decision, but I am contemplating probation,” Siegel said in court Thursday.
More than 15 supporters of the victim attended the hearing, and Siegel said he received a folder full of letters about the case from many of them Wednesday that he needed to review. Because probation is his indicated sentence, the law requires Greene to be evaluated by a psychologist and by County Probation leaders to see if he would benefit from probation....
Greene, who has no criminal record in Santa Cruz County, remained out of jail. He said in court that he has severe hearing problems, but he walked without a cane or other aid and appeared in good health.
Vazquez said outside court that Greene caused ongoing psychological harm to the victim. “It doesn’t matter that he’s that old,” Vazquez said of Greene outside court. “The fact is that he’s committed this egregious act. They want him to be held accountable just like any other person.”
April 3, 2015 at 10:33 AM | Permalink
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Comments
2004?
I'm unsure the value of putting some 90 year old like this in a regular prison. He should be detained via some sort of house arrest in some sort of nursing facility. The sentence can be the same as if he was fifty. Effectively, it would be a form of detention and probation.
Posted by: Joe | Apr 3, 2015 10:49:45 AM
As with any old person case, I say I bet the jail or prison doesn't want him. The medical costs are probably significant.
The arguments for lengthy incarceration are retributive, the arguments against are utilitarian. Short of some established mental defect due to age that caused a recent change in behavior, I don't think there are any retributive arguments against incarceration.
Posted by: Erik M | Apr 3, 2015 1:09:11 PM
Erik is correct. He will generate $250,000 in health costs, punishing the taxpayer far more than him.
One would appreciate knowing his criminal record outside of the jurisdiction. When people say, release the harmless old prisoners, you get this result.
Posted by: Supremacy Claus | Apr 3, 2015 1:14:32 PM
