Posted on 12/14/2006 8:26:48 PM PST by NormsRevenge
Kern County District Attorney Ed Jagels blasted a local judge on Thursday for giving a lenient sentence to an illegal immigrant in the name of saving taxpayer money.
Kern County Superior Court Judge Richard Oberholzer sentenced Jose Richard Leiva to three years in prison in October for having sex three times with a 13-year-old girl. This happened while Leiva was on probation for a misdemeanor conviction of having a sexual relationship with a 14-year-old girl.
“In my 30 years as a prosecutor, I thought I had seen every conceivable example of judicial wackiness, but I was wrong,” Jagels wrote in a press release posted Thursday on his Web site.
The Kern County Probation Department recommended Leiva be sentenced to 10 years in prison. But Oberholzer believed that this would burden taxpayers. He gave him the lowest possible term, reasoning he would be exported back to his country of origin after being released from prison, according to a transcript of the sentencing hearing, which Jagels posted on his Web site.
“This is a serious offense,” Oberholzer said, according to the transcript. “And I expect him to be deported. I’m not in a position where I want to have to support him for the next five or six years or however long it takes to get him out of here.”
Deputy District Attorney Chris Staiger argued to the judge that illegal immigrants can easily return to the United States after deportation and asked for a stiffer sentence.
“The problem is that deportation is not final,” Staiger said. “If we could guarantee he wouldn’t be back, I would agree with Your Honor. The problem is that we know that our border is porous. We know that we will probably see him again.”
Oberholzer argued that if Leiva returns, he would return to custody.
Jagels and Staiger were not immediately available for comment.
Leiva’s attorney, Nelson Castro, said he believed Leiva deserved to receive the lowest term because the relationship was consensual and he did not have a criminal record except for the misdemeanor.
This sort of illegal alien should be repatriated by means of a giant slingshot -- send them flying back over the border at high speed to a SPLAT! landing. Little cost to taxpayers and no risk of their returning. And the bodies would serve as a stark reminder to others thinking of sneaking into our country and committing heinous crimes.
Do you want to pay to keep him in prison and then deport him after his time is up, or should he be deported now?
Put him in general lockup at San Quintin. Problem solved.
An air drop from 30,000 feet works for me (no shute of course).
I think we should keep him in prison for as long as we can. A vermin who preys on little girls should not be free in any country. We caught him, we convicted him, and we should make him pay.
Pelican Bay would be a better choice.
The judge is simply acting in accord with the President's sense of family values, the ones that don't stop at the border. Besides, don't forget that diversity is our strength and multiculturalism is a wonderful thing.
Doesn't work for me. Jet fuel is expensive. Slingshot is cheap, even an electric or gas-powered one. It would take just a few seconds to draw back the huge rubber band; then just cut the power . . . 50 cents tops, and we still get to say we sent the perp back over the border alive. We'll see if the Mexican taxpayers are willing to shell out for a line of giant nets to break the falls of the incoming criminals. If not, well then it was the Mexicans' decision to kill the creeps.
Doesn't cost any more to have just one more body in an military aircraft that is flying over Mexican airspace anyway. He just slips out of the doorway when the plane banks to the side the door is on.
Recall the judge!
That's the other part I don't understand. The other offense, the first one with the 14-year-old for which he was sentenced to probation, was a misdemeanor? In Tennessee I think there's a category called "sexual battery" which, IIRC, would cover any illegal sexual contact with a minor, short of full rape. And it ain't no misdemeanor.
In the old days it was seen as appropriate if these girls' brothers would personally take this guy and, um, make a strong impression on him.
There was an article here on FR last summer based on interviews with Mexican Imigrants who had committed sex crimes, they don't think about this the way we do, for instance, if a girl dresses provatively -- which heaven knows girls are doing at younger and younger ages -- they feel it's asking for sex.. there was a lot more, I'll have to look for the link.
Mexico uses their military to enforce their southern border.
Doing the work Americans won't do.
And don't forget, it's not like she was 12. He at least waited 'till she was a teenager. The judge was simply remembering all the things he wanted to do to 13 yr olds. He had 'compassion' on a man 'struggling' with passions for innocent young budding beauties.
I know, it ticks me off that they have no respect for their Northern border.
That's a legislative concern, not a judicial concern, and an example of how judicial activists work. They elevate their own narcissistic tendencies above the law. Judges are not lawmakers. Their job is to apply the law, and nothing in the law of sentencing makes the likelihood of support or deportation a consideration.
He should have locked him up and threw away the key. Instead, he reaches for a reason to go easy on a predator who's had sex with two different young teenagers.
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