Trebuchet!
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.
Too bad the DA only verbally lambasted the judge, rather than actually blasting him.
I HATE misleading headlines.
Well, I'm not in a position where I want to have to pay taxes for the next five or six years to pay the salary of incompetent, activist judges.
Trebuchet!
I added the judge to keywords so when it's election time folks can find this case and vote appropriately.
Yup, this guy is just doing the raping the American people don't want to do.
Raping children that Americans won't rape...
Seriously, we need to revist prison sentances that include the words, "At Hard Labor."
Mark
Who knows what the heck is going on with the CA laws regarding consent...
Maybe the age of consent in CA is 14. It wouldn't surprise me. But maybe there's also a "Romeo and Juliet" clause that references an age differential, so that a 17 year old who has sex with a 16 year old doesn't wind up a "sexual predator" in the eyes of the court.
Either way, 3 years isn't enough.
Mark
Retiring this judge would save taxpayer money.
We also know that if he comes out of prison *intact* he will continue to prey on underage girls. Who wants to be his next rape victim? Does the judge have any daughters, nieces, cousins he'd like to offer up for the gig?
The only way I can understand a judge doing something like this is to consider the fact that he doesn't have one iota of concern for the future victims of the perps he runs so quickly through his courtroom mill.
Isn't that Vermont?
Isn't what Vermont? The location of this case?
This was Bakersfield, California.
"This was Bakersfield, California"
Yes, I saw that in the article.
I only made that post because many are unaware that the age of consent in most states is much lower than many think.
This guy should be stoned to near death and dumped back across the border. I was in no way condoning his actions.
If it's all about money..
what is one to make of the comments by Judge Scalia that Judges need a pay raise?
The perp or the judge?
For anyone who is curious:
Teen Life Q & A - How old do you have to be to legally have sex?
Age of Consent: The age at which you can legally enter in to contract or agreements, including saying "yes" to having sex. Usually this age is between 14 and 17, although it can be as young as 12 and as old as 18.
Age of Majority: The age at which you are considered responsible and liable for actions or inactions under the law. This is not the same as the age you must be to; drive, smoke, drink alcohol, be forced in to the military or even vote. In most parts of the world the age of majority is 18 or 19.
Statutory Rape: (3 possibilities)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.