Judge: Child Molester Is Too Short for Prison
Judge: Man Is Too Short for Prison SIDNEY, Neb. (AP) - A judge said a 5-foot-1 man convicted of sexually assaulting a child was too small to survive in prison, and gave him 10 years of probation instead. Last update: May 25, 2006 – 6:25 AM SIDNEY, Neb. (AP) - A judge said a 5-foot-1 man convicted of sexually assaulting a child was too small to survive in prison, and gave him 10 years of probation instead. His crimes deserved a long sentence, District Judge Kristine Cecava said, but she worried that Richard W. Thompson, 50, would be especially imperiled by prison dangers. "You are a sex offender, and you did it to a child,'' she said. But, she said, "That doesn't make you a hunter. You do not fit in that category.'' Thompson will be electronically monitored the first four months of his probation, and he was told to never be alone with someone under age 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography. He faces 30 days of jail each year of his probation unless he follows its conditions closely. "I want control of you until I know you have integrated change into your life,'' the judge told Thompson. "I truly hope that my bet on you being OK out in society is not misplaced.'' http://www.startribune.com/484/story/454310.html

Sentence for Short Sex Offender Draws Fire Probation Sentence for Short Sex Offender Sparks Debate; Attorney General Plans Appeal LINCOLN, Neb. May 26, 2006 (AP)— A judge's decision to sentence a 5-foot-1 man to probation instead of prison for sexually assaulting a child has angered crime victim advocates who say the punishment sends the wrong message. But supporters of short people say it's about time someone recognizes the unique challenges they face. Cheyenne County District Judge Kristine Cecava issued the sentence Tuesday. She told Richard W. Thompson that his crimes deserved a long prison sentence but that he was too small to survive in a state prison. Though he could have been sentenced to 10 years behind bars, he ended up with 10 years of probation instead. On Thursday, the state's attorney general, Jon Bruning, promised to appeal within two weeks, calling the sentence far too lenient. "I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl with the Nebraska Domestic Violence Sexual Assault Coalition, adding that it shows more concern is being placed on the criminal and his safety in prison than the victim. But Joe Mangano, secretary of the National Organization of Short Statured Adults, agreed with the judge's assessment that Thompson would face dangers while in prison because of his height. "I'm assuming a short inmate would have a much more difficult time than a large inmate," said Mangano, who is 5 feet 4 inches tall. "It's good to see somebody looking out for someone who is a short person." Thompson, 50, had sexual contact over a couple of months last year with a 12-year-old girl, said Sidney Police Chief Larry Cox. He was sentenced on two felony sexual assault charges. As part of the probation, he will be electronically monitored for the first four months and was told never to be alone with someone under age 18 or date or live with a woman whose children were under 18. He was also ordered to get rid of his pornography. Thompson's attorney, Donald Miller, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not return a call seeking comment. Cecava did not return a message seeking comment. The judge's reasoning confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union. "I have never heard of anything like this before," she said. No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. nor state constitution provides protections based on physical stature, she said. A spokesman for the prison system said Thompson's height would not put him at risk among the state's 4,400 inmates. There are protections available in prison to help inmates who feel threatened, prison spokesman Steve King said, but to his knowledge, no one has ever taken advantage of them based on fears related to their height. "He's not the shortest guy we have in prison," King said. "We've got some short guys that are as tough as nails. We've got people from all ages, physical stature of all sizes, in general population." State Sen. Ernie Chambers, a longtime critic of judges, said he was baffled by the sentence. "If shortness is an excuse and protection from going to prison, short people ought to rob banks and do everything else they would wind up going to prison for," Chambers said. "We're talking here about a crime committed against a child, and shortness is not a defense." On the Net: Nebraska Domestic Violence Sexual Assault Coalition: http://www.ndvsac.org National Organization of Short Statured Adults: http://www.nossaonline.org/nossa.html Short Support: http://shortsupport.org/index.html http://abcnews.go.com/US/LegalCenter/wireStory?id=2008182&CMP=OTC-RSSFeeds0312

Judge who sentenced short sex offender to probation faces protest SIDNEY, Neb. (AP) -- Protesters want the Cheyenne County judge who sentenced a man to probation for sexual assault because he is short to resign. Organizer Tiffany Jones said during demonstrations Sunday about 200 signatures were gathered on petitions calling for District Judge Kristine Cecava to resign. And Jones said more signatures were gathered Tuesday at the courthouse where a small group of protesters spent the day. They waved signs calling for Cecava to resign. Cecava sentenced Richard W. Thompson to 10 years probation last week on two felony sexual assault charges. The judge told the 5-foot, 1-inch tall Thompson his offenses warranted a long prison sentence, but she said that he was too small to survive very long in a state prison. He could have been sentenced to 10 years behind bars. Sidney Police Chief Larry Cox said Thompson had sexual contact over a couple of months last year with the 12-year-old daughter of his fiancee. The case has drawn international attention, with crime victim advocates decrying the sentence and supporters of short people saying it's about time someone recognized the challenges they face. And Attorney General Jon Bruning has said he plans to appeal the sentence because probation is too lenient for sexual assault. http://www.siouxcityjournal.com/articles/2006/05/31/news/nebraska/20604d14cfe79e658625717f00098ea6.txt

Petitions Seek Resignation of Judge Who Sentenced Short Sex Offender to Probation Scott Bauer The Associated Press June 1, 2006 A petition drive is calling for the resignation of the Nebraska judge who sentenced a sex offender to probation instead of prison in part because of his short stature. The campaign is aimed at Cheyenne County District Judge Kristine Cecava, who last week sentenced Richard W. Thompson to 10 years intensive probation instead of prison on two felony child sexual assault charges. Cecava said at the sentencing hearing that she did not believe the 5-foot, 1-inch Thompson could survive in prison. Thompson, 50, could have faced 10 years behind bars. The petition drive is being conducted by Tiffany Jones, a resident of the county seat of Sidney, who said she already had about 200 signatures. Cecava did not return a call seeking comment Wednesday. Attorney General Jon Bruning plans to appeal the sentence, arguing that it is too lenient. According to a transcript of the sentencing hearing, Cecava told Thompson: "So I'm sitting here thinking this guy has earned his way to prison but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison." A friend and colleague of the judge, Bernie Glaser of Lincoln, Neb., said Cecava's ruling has been misunderstood. He said the prosecutor didn't ask for prison time, and the judge took other factors into account when deciding that prison wasn't right for Thompson including his mental capabilities and information contained in a pre-sentence report that is not public. "We need more judges like her," Glaser said. "I think they should be proud they have a judge like her." As part of his probation, Thompson will be electronically monitored for the first four months and was told never to be alone with anyone under age 18 or date or live with a woman whose children were under 18. Thompson was accused of having sexual contact with a girl who is now 14. "I truly hope that my bet on you being OK out in society isn't misplaced," Cecava said at the sentencing hearing. "It's very hard to keep you in society when I know the risk is another child getting hurt." District judges in Nebraska are appointed but face retention elections that determine if they will remain in office. Cecava's next retention vote is in 2008. In the 2002 election, 74 percent of the voters said she should remain on the bench. In a judge evaluation survey filled out by attorneys in 2004, Cecava received above average marks in every category except in promptness of completing her work, which was just below satisfactory. Of the attorneys who completed the survey, 74 percent said that she deserved to keep her position. http://www.law.com/jsp/article.jsp?id=1149066337990&rss=newswire

Colleagues defend Sidney judge By DIANE WETZEL, The North Platte Telegraph 06/01/2006 North Platte colleagues of embattled Cheyenne County District Judge Kristine Cecava are speaking out in her defense. Cecava's sentencing last month of convicted sex offender Richard Thompson to 10 years intense supervised probation on two counts of felony child sexual assault has created a national uproar, with extensive coverage on network television and talk radio. The media has focused on Cecava's comment regarding Thompson's "physical size," and her statement that, "I don't think you will do well in prison." Thompson is five feet, one inch tall. Cecava also referred to Thompson's "basic ability to cope with people, and quite frankly, I shake to think of what might happen to you in prison." The newspaper in Sidney has called on Cecava to resign as a result of the sentence, and there have been demonstrations in the Western Nebraska town. Cheyenne County Attorney Paul Schaub and Nebraska Attorney General Jon Bruning have filed an appeal, contending that the sentence was too lenient. Lincoln County Public Defender Robert Lindemeier said in a letter to the editor that appears on today's Opinion page that calls for the judge's resignation are "reactionary'' and "overboard.'' Cecava was born in North Platte, and was in private practice here before her appointment as a county court judge in Keith County in 1987. Lindemeier wrote, "As a criminal defense attorney, I see sentences and rulings by judges I think are wrong. I do not take to the streets to protest or call for the judge's resignation. If I think the decision is wrong, I file an appeal." Lindemeier said Cecava listens to both sides of any case. "She weighs many factors, but always takes a close interest in how an individual's actions have affected the victim and the community." Lindemeier said Cecava takes her responsibility to the law seriously. "She recognizes what a horror child abuse is," Lindemeier wrote. "Studies have been done that show community corrections can be a much more effective way of handing offenders while saving taxpayer dollars." Programs for sex offenders on probation have rigid requirements, Lindemeier said. Thompson will be monitored electronically for the first four months of his probation, and will be subject to drug and alcohol testing, along with other restrictions, such as to never be alone with children under 18, or date or live with a woman who has children under 18. In her ruling, Cecava told Thompson, "Any time you don't want to be on intense supervised probation, we'll come back here and I'll revoke your probation and enter a new sentence." According to Lt. Rick Ryan of the North Platte Police Department, "Judge Cecava was very fair and one of the better judges in the area." Cecava served as Keith County judge until 1999, when Gov. Mike Johanns appointed her to be a district court judge in the 12th Judicial District in Sidney. When that appointment was made, her county court position was moved from Keith County to Lincoln County, and Kent Turnbull - who was serving as Lincoln County Attorney - was appointed to fill the vacancy. "Cecava, without question, is one of the best judges that I have worked with as a county attorney," Turnbull said Thursday, "especially when involving children. I try to emulate and practice some of the things I learned from her as I sit as a juvenile court judge." While the county attorney is appealing the sentence, transcripts show that he made no recommendations to the court when Thompson was sentenced. According to the transcript, Cecava asked Cheyenne County Attorney Paul Schaub if the state had any recommendations. "No, your honor," Schaub replied. "Is that part of your agreement?" Cecava asked. "Yes, it is," Schaub said. Schaub declined to comment on any other aspects of the case, citing the pending appeal, but said in an interview, "The sentencing agreement was submitted without argument. In that case, I am not specifically asking for jail or probation. I just say, 'here's the case.''' Thompson's defense attorney, Donald Miller, argued that Thompson was an "excellent candidate for probation," citing his compliance with conditions of bond, expressions of remorse for his actions, a minimal prior record and good employment history as reasons for probation. Addressing Thompson, Cecava said his offense was "absolutely inexcusable." "You will never have any idea how deeply you harmed this child. You are an adult. You betrayed the trust and you betrayed it not only at a psychological level but a physical level and there's nothing you can do to change that." Cecava told Thompson he "earned his way to prison," then added, "I shake to think of what might happen to you in prison because I don't think you will do well in prison. "Is there any way that I can hold you accountable for the severity and dangerous acts that you have done and the harmful acts you have done to another human being without putting others in that situation; and can I hold other children, can I make them safe from you?" Cecava said she was "relieved," when the pre-sentence investigation showed that Thompson was not a sexual predator, "because that gives me more leeway to not send you to prison." Lincoln County attorney Jeff Meyer said that while he could not comment on the specifics of the Cheyenne County case, there is usually more to any individual case than what gets reported in the news media. "Generally, there is always more to the story than what the media reports or can report," Meyer said. "Personally, I am asking if a 50-year-old man who assaults a child should go to prison. Absolutely." According to the transcript, a psychological evaluation of Thompson showed that he is not a sexual predator, nor a pedophile. "You are a sex offender," Cecava said. "If you don't follow (probation) right to the 't,' I have to put you in prison. If you can't structure your behavior so you are safe and other people are safe out in the community, then I have to structure it with prison." At the North Platte office of Rape and Domestic Abuse Program, executive director Lynne Lange said people are talking about the case constantly. "Because Judge Cecava does not serve our area, I can't speak to her history," Lange said. "There have been many people in the area who have expressed their disapproval. Our concern is the negative message it sends to victims and their families. "You always hope on a serious issue involving children, sentencing would be considered very carefully and consider the children." http://www.nptelegraph.com/site/news.cfm?newsid=16726865&BRD=377&PAG=461&dept_id=531813&rfi=6

Short sex offender labeled high risk Thu Jul 13, 1:33 PM ET LINCOLN, Neb. - A sex offender who was sentenced to probation instead of prison partly because of his short stature was classified as a high risk to reoffend. Richard W. Thompson was rated Wednesday after assessment in 14 areas by the Nebraksa State Patrol, said Dr. Shannon Black, clinical director of the patrol's Sex Offender Registry. "It doesn't mean a person will or won't reoffend," she said. "We have no way of identifying who will or won't reoffend." Thompson, 50, was sentenced in May by Judge Kristine Cecava for having sexual contact with a girl last summer. Cecava said his crimes deserved a long sentence, but she also expressed concern that he would be especially vulnerable to prison dangers because he is 5-foot-1. The probation, while also based on other factors, drew national criticism. As a Class III offender, Thompson's name, address and photo are posted on a public registry, and he must notify officials of changes of address or other information. ___ On the Web: Sex Offender Registry: http://www.nsp.state.ne.us/sor http://news.yahoo.com/s/ap/20060713/ap_on_re_us/brf_judge_s_sentence_height_1

Attorney general wants 5-foot-1 sex offender resentenced LINCOLN, Neb. - A sex offender given probation in part due to his height should be resentenced because his punishment is too lenient, the state said in a court filing Monday. Attorney General Jon Bruning's office made its case for a tougher sentence in a 33-page brief filed with the state Court of Appeals. "Probation isn't strong enough," Bruning said Monday. In May, District Judge Kristine Cecava of Cheyenne County sentenced Richard W. Thompson, 51, of Sidney, to 10 years of intensive probation for two counts of sexual assault of a child. Cecava expressed concern that the 5-foot-1 Thompson would be especially imperiled by prison dangers. "I'm going to try to put together some kind of order to keep you out of prison," Cecava said at the sentencing hearing on May 26. The judge's decision not to imprison Thompson brought local and national criticism. Bruning's office began its appeal of the sentence May 31. "The punishment needs to fit the crime," Bruning said Monday. "Sexual assault of a child is a serious crime, and Mr. Thompson is a danger to Nebraskans." In the brief, Assistant Attorney General Jeffrey Lux said Cecava abused her discretion by sentencing Thompson to probation. Thompson wasn't truly remorseful and minimized his crimes by saying contact was instigated by the victim, Lux said. Thompson also stopped attending counseling after a domestic violence case, Lux said. "Thompson is not an appropriate candidate for probation," Lux wrote. Cecava found Thompson guilty of having sexual contact with a 13-year-old girl last summer. She termed his actions "absolutely inexcusable." Under terms set by Cecava, Thompson will be electronically monitored the first four months of his probation, and he was told to not be alone with someone younger than 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography. Thompson has since been listed by the state as a high risk to reoffend. In July, he was classified as a Class III offender _ the highest risk for reoffending _ after assessment by the Nebraska State Patrol. As a Class III offender, Thompson's name, address and photo are posted on the State Patrol's public registry and he must notify the state, through the local sheriff, of any change of address and other information. Dr. Shannon Black, the State Patrol's clinical director of the Sex Offender Registry, said the Class III status was reached after assessment of Thompson in 14 areas. On the Web: Nebraska State Patrol Sex Offender Registry: http://www.nsp.state.ne.us/sor/ http://www.fremontneb.com/articles/2006/08/21/ap-state-ne/d8jl6vt80.txt

Short sex offender's probation upheld By JOSH FUNK, Associated Press Writer Tue Jul 17, 5:27 PM ET OMAHA, Neb. - A judge had valid reasons for sentencing a 5-foot-1 sex offender to probation, even though she cited the offender's height as part of her rationale, the Nebraska Court of Appeals ruled Tuesday. An examination by a clinical psychologist and the results of a test used to determine the risk that Richard W. Thompson would reoffend both indicated that Thompson, 52, is neither a pedophile nor a sexual predator, the court said. District Judge Kristine Cecava of Cheyenne County sentenced Thompson last year to 10 years of probation for sexually assaulting a 13-year-old girl. "So I'm sitting here thinking this guy has earned his way to prison, but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison," Cecava said in court, according to a court transcript of the hearing. The sentence prompted national criticism. Attorney General Jon Bruning appealed the sentence to the Nebraska Court of Appeals and sought a prison term for Thompson. The appeals court said the only way Cecava might have erred was in failing to provide a detailed explanation of her sentence. The probation officer who prepared a pre-sentence investigation on Thompson recommended probation, the court said. "Such failure caused the trial judge's brief mention of Thompson's small physical stature to become the focus of attention, when in reality it was but a minor point," the court said. Bruning said he planned to ask the state Supreme Court to review the appellate court's ruling because he believes sexual assault of a child is a serious offense that warrants jail time. "The law does not impose a height requirement for jail," Bruning said. Thompson's lawyer, Clarence Mock, said the problem in this case was that people jumped to conclusions without knowing all the details. Thompson is doing well and has abided by the terms of his sentence, Mock said. http://news.yahoo.com/s/ap/20070717/ap_on_re_us/judge_s_sentence_height_4

Nebraska officials working to fill judicial vacancy Monday, Dec 22, 2008 - 11:27:30 am CST The process is under way to fill a vacancy created when voters ousted a judge who was criticized for sentencing a 5-foot-1 sex offender to probation and mentioning his height. Voters decided in November not to retain Cheyenne County District Judge Kristine Cecava. In 2006, she was criticized for the probation sentence she handed down although appeals courts later upheld it. State officials are accepting applications from candidates interested in filling the 12th Judicial District seat. The district spans 12 counties in the Nebraska Panhandle. A hearing will be held on Jan. 29 in Gering, and the applications will be evaluated. Then several names will be forwarded to the governor to appoint a new judge. http://www.journalstar.com/articles/2008/12/23/news/nebraska/doc494fcdfa8807a208568874.txt