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Mom's promoting prostitution sentence stands

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The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.

In Tina Sue Day v. State of Indiana, No. 36A05-0804-CR-219, the appellate court made it clear it found Tina Day's sentence to be appropriate for someone "who accepted cash in exchange for allowing multiple men to molest her twelve-year-old daughter," wrote Judge Melissa May.

Day pleaded guilty to promoting prostitution and the judge imposed the 17-year sentence after finding four aggravators: her daughter's age, the great harm caused to the child, Day's position as mother, and her daughter being no match for the people to which she was sold. The only mitigator was Day's lack of criminal history.

Day challenged her sentence, claiming the trial court failed to consider her "poverty, mental illness, personality disorders, and alcoholism" when it determined her character. Even though she failed to develop an argument and waived her appeal, the Court of Appeals still found nothing about her sentence to be inappropriate. The Department of Child Services had investigated Day several times in the past for neglect and removed a child from her home due to medical neglect, wrote Judge May.

"Accordingly, despite any other problems she may have, Day's abuse of her twelve-year old daughter reflects a pattern of behavior, not a mere misstep by a woman with otherwise good character," she wrote. "No amount of poverty, physical illness, or mental illness can justify selling a child's body for men's sexual pleasure, and the character of any person who could do so justifies a sentence of seventeen years, if not more."

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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