7.02.2008

So How Does That Happen?

Story. (And more detailed account here.)

With sexual abuse cases, each "act" is a separate offense. You can technically have multiple crimes occurring between one defendant and one victim within a matter of minutes. (In this case, it looks like three victims on multiple occasions, but you get the idea.)

The judge even stacked the sentences. (Texas is a bit weird: If all the cases are heard by one jury, the jury only assesses a punishment for each crime. But it is the judge, not the jury, who decides whether the sentences will be served consecutively or concurrently. ) But based upon the law in place at the time* of the offenses, he wouldn't have been eligible for parole until the passage of 30 years even if the sentences hadn't been stacked.

But this closing argument of the defense didn't work too well: “I respectfully submit to you that is BS. If it was as 'traumatic' as they indicate, they would be able to give you [specific dates and times of the acts]. Simply because it’s shocking doesn’t make it true.”
 ____________________
* Texas even made the punishment stricter for offenses occurring after 9/1/07.

Edit: It looks like the headlines in all the papers will be "Man Receives  4,060 Years In Prison." I don't understand that. He received 40 "Life Sentences" and, actually, an additional three 20 year sentences. No where in the books does it say that "Life" equals 100 years but that's what everyone is running with.

29 comments:

Anonymous said...

Judge Quisenberry is an unmitigated,self absorbed egotistical idiot.

Anonymous said...

Ok, poor guy will be traumatized because of the legal system. Who cares other than those who get all wrapped up in the legal technicalities.

It should be illegal if any parent/guardian DIDN'T educate a child about these kinds of things.

Anonymous said...

Yeah, as all of us lawyers know, sentences of 60 years up to life all equal 60 years, so if you want to multiply, you need to use 60 as the multiplier, not 100. It doesn't hurt MY feelings he's been put away for the rest of his life!

Anonymous said...

I scanned the article pretty well I thought. It mentioned a secret service guy pulling child porn off the dudes computer and the 40 instances of abuse. Were they his own kids or what? I may have missed something. Was there ANY proof or is he guilty by internet porn association and looking creepy or maybe being too poor? I've been working in the yard and think I'm falling out with a heat stroke so somebody spell it for a bother while I drink ice water and curl into the fetal position for a while.

Anonymous said...

He should be getting the death penalty! Now we have to feed and house this scum bag for the rest of his life. He needs to die.

Anonymous said...

Amen 3:57!

Anonymous said...

I hope he has a full "dance card" every night he is in prison....That will be the most appropriate punishment.

M&M said...

Barry, How long is a life sentence? I think I remember being told once that it was equal to 30 or 35 years or something like that.

Anonymous said...

Good News Barry! He's been released to your custody and will be staying with you for a short time.

He likes computers,long walks on the beach,holdin hands and just layin on the couch.

Anonymous said...

Kudos to the Judge, you don't mess with those Baylor County boys

Anonymous said...

"Pope guilty of charges, gets 40 life sentences".....honestly, for a second, I thought it was THE POPE.

Anonymous said...

Those headlines are exactly what Quisenberry is looking for.

Denney Crane said...

Give me 100 to 1 odds and I'll bet this guy gets out of jail before he dies!

That's what 4000 years means to liberal lawmakers and judges...it means absolutely nothing!

Anonymous said...

Barry, you deal with the interpretation of the law - and we all know and appreciate that you may defend or are appointed to defend some folks who may be innocent of what they are accused of.

But those of us with children on a daily basis "deal" with who is around our children and what they might have in their minds to do to them, even some sick family members whose minds are in their genitals........!..such things happen every day in America and most go unreported because of embarrassment or lack of education.

Not to be overly critical of you, a brilliant lawyer, but not having children of your own exposed to the insane people lurking in this world, you just cannot imagine the fright some feel!

Maybe you should think about that a bit more.

Anonymous said...

everybody stop asking barry , i mean mr green those legal questions. you will need to set up a consult (2500 per hr) im sure mr green would be deelited to answer any and all legal questions slowly and intelligently..

Anonymous said...

I give you 100 to 1 odds that Denney Crane is a DumbShit. He talks Librul Judges, but this Judge was Cunnsertive. Ha Ha, "That's what 4000 years means to liberal lawmakers and judges...it means absolutely nothing!"
Ha Ha. Go Suckm Denney.

Anonymous said...

Folks, I think Barry gives a dispassionate analysis of the law under the circumstances. Attacks on him are unwarranted and reflect poorly on those who refuse to listen rather than talk.

Anonymous said...

at $2500 hr will answer all questions legal or illegal.............. DOUBLE FAKE F LEE BAILEY

Anonymous said...

someone could kill your parents while driving drunk, then go and molest your children if you have any and you would still cry "foul" let them go he is just misunderstood. get real barry!!

Anonymous said...

From what I read in the ST, the Parker County jury wanted to send a message: DON'T COME IN HERE AND ABUSE OUR CHILDREN.

I'd like to see Wise County do the same. Get tough on these perverts. Give them back to back sentences if they are found guilty of multiple crimes against children.

We would all have a totally different opinion if this happened to somebody in our family.

Anonymous said...

The white man done beat him down.

Anonymous said...

what's a poor old child molester to do nowadays???maybe they need to learn to just fantasize or sumpin..jusayin..

Denney Crane said...

To 10:13 PM

Dear Ha Ha Go Suckm,

It will be a liberal judge or liberal lawmakers that will find a way to let this man go. They will find a way to say his sentence was unlawful or that the punishment was unjust.

I am glad to see the sentence given to this piece of shit. But I have no faith in our justice system, led by attorneys, for the benefit of attorneys and continuously defiled by attorneys.

In my opinion, making a living defending scum makes one a scum-parasite. I don't care what oath they choose to make or how noble they believe their plight for justice.

Yea, I may be a dumbass; but it takes one to know one...

Denney Crane

Anonymous said...

what about the double standard? If this was a woman, a teacher here lately, sleeping with a student here in town, would we do the same? what if it were several students? would we see it the same then? what would it take? younger students? more? the woman would be judged less harsh.

Anonymous said...

I WISH EVERY OTHER COUNTY IN THE GREAT STATE OF TEXAS, WOULD FOLLOW SUIT, IT SENDS A MESSAGE TO PEOPLE WHO'VE BEEN THE VICTIMS, WHEN WE WERE CHILDREN ... THAT IN SOME PLACES LIKE (parkEr county)PEOPLE REALLY DO CARE ABOUT THE CHILDREN!!! WHERE I GREW UP WASN'T VERY FAR FROM PARKER COUNTY BUT BACK IN THE 80'S NO ONE WANTED TO LISTEN!!! GOD BLESS THESE GIRLS! YOU DIDN'T DO ANYTHING WRONG!! HOLD YOUR HEADS UP AND LET THE BIG OLE BOYS DOWN SOUTH TAKE CARE OF THIS UGLY MONSTER!!

Anonymous said...

I've read everything I can find on this case and I still don't know what happened except there was child porn on a computer in his house.
Was there ANY evidence?

Anonymous said...

Oh,I just found an article that says sexually explicit photographs were used as evidence-kill him.

Anonymous said...

Denney Crane, I don't think you are a dumba$$ at all - my personal belief is that some lawyers (they know who they are) have been sexually abused as children, likely by a sick family member.....maybe this is why they have so many problems defending these people.......they just don't know how, because they are just too screwed up themselves.

Anonymous said...

we should all pray for the children that this monster has left damaged for the rest of their life....