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COA upholds 125-year child-molesting sentence

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In upholding multiple child-molesting convictions and a 125-year sentence, the Indiana Court of Appeals has rejected a woman’s argument about why her penalty should be reduced based in part on the very young ages of the victims.

The state’s second highest appellate court issued a decision today in Samantha Light v. State of Indiana, No. 23A01-0912-CR-600, which comes from Fountain Circuit Court and involves facts that the authoring appellate judge describes as “especially repugnant.”

Late last year, the 26-year-old Light pleaded guilty to three counts of Class A felony child molesting. In September 2008, Light and her boyfriend, 31-year-old Stephen Quick II, had engaged in and videotaped various sexual acts with a 6-year-old boy, 1-year-old boy, and 2-month-old girl, according to the court opinion. The couple was arrested and charged in March 2009, and Light later entered into a plea agreement dismissing two other felony child-exploitation counts.

Prosecutors agreed not to make any sentencing recommendations to the trial court. At sentencing, Fountain Circuit Judge Susan Orr Henderson imposed a total 125-year-sentence for Light. Quick received the same sentence on those three charges in March, and his appeal is now pending before the Indiana Court of Appeals.

In arguing for a sentence reduction, Light contends that her sentence is inappropriate in light of her character and the nature of her offenses. With a forceful and descriptive eight-page ruling, the appellate panel rejected her challenges and affirmed the lower judge’s decision.

“Light concedes that her offenses are shocking in nature but suggests that the young age of the victims, who perhaps will not remember the events and may thereafter suffer less psychological trauma, ameliorates the grave nature of her offenses,” Judge Cale Bradford wrote for the unanimous panel, pointing out that the then-6-year-old does remember the events. “In any event, we are unpursuaded that forced group sexual activity with young children and infants, by their own caretaker and/or mother, is somehow less depraved if the victims do not recall each excruciating detail for the rest of their lives. To the contrary, the young age of the victims, whose youth and vulnerability made them easy prey, highlights the depravity of Light’s offenses and her lack of character in willingly engaging in such unthinkable acts.”

The court also dismissed her claims about remorse and clean criminal history being factors to consider reducing the sentence, as well as her argument that her willingness to plead guilty helped redeem her character.

Pointing to Indiana Supreme Court precedent in which the justices have reduced sentences in certain cases where multiple molestation convictions led to particularly lengthy terms, the appellate panel said this case is easily distinguishable and doesn’t warrant a reduction.

“Indeed, given the circumstances of Light’s crimes, her 125-year sentence is fully within the navigational buoys of that body of law,” Judge Bradford wrote.
 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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