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MSNBC:Teen with 47 IQ gets 100 years in sex abuse case


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:doh: Even if you have the mental capacity of a little boy?

Exactly. This man had the mind of a little kid. If two 6 year olds were doing this to each other, would it be a problem? A little disturbing, yes, but nothing so brash.

This man was no where in the state of mind to know the consequences of his actions. Its just ridiculous. This case undoubtedly will see protest, and im sure an appeal is in order.

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The reason this sentence is so shocking is because we have become so lenient as a society with sexual predators. This should now become the precedent in sentencing. Touch a little boy inappropriately as a man and you get 100 years. No parole.

I guess you missed that the guy has a 47 IQ?

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Heck Oklahoma should take notes after giving a guy 1 year for multiple rape involving a 5 year old girl (and sexual assault with her 6 yr old brother) who the liberal judge (now facing impeachment) actually put on the stand and let break down when forced to relive that horror bypassing the mandatory 25 yr sentence for such an act.

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This is very unfair. First of all, the guy is mentally disabled. He doubt he knew what he was doing was wrong. Also, as the poster above me said, 100 years for fondling? I mean, that stuff is extremely wrong, but people get 10 years for manslaughter and other more serious crimes.

"Despite being a target of bullies, he was courteous, well-behaved and earned money by doing chores for neighbors, supporters said."

This part made me sad. The dude was probably heckled and made fun of all the time. He needs to go to jail for like 5 years or a rehabilitation center of some sort for 8+ years, but 100 years in jail? I just don't understand that.

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Here's more to the story. Looks like the mentally ill man is gettting raped in prison. It gets better the one who raped him has a lesser sentence then this guy.

HOUSTON — The crime Aaron Hart confessed to was undeniably repellent.

Last September, the 18-year-old man was charged with sexually assaulting a 6-year-old neighbor boy behind a tool shed in the small east Texas town of Paris. A relative of the victim said she walked outside and saw Hart with his pants pulled down, standing next to the boy.

Police read Hart his Miranda rights and he quickly admitted his guilt. On Feb. 11, Hart's court-appointed attorney entered guilty pleas to each of five related felony counts, a jury recommended multiple sentences and a judge then ruled that the prison terms be served consecutively, for a total of 100 years.

That might have been the end of Cause No. 22924 in the 6th Judicial District Court of Lamar County, Texas—just another dismal criminal case on the docket of an obscure town.

Except that now, less than two months after Hart was sentenced, every court official who had a hand in the case seems to agree that he doesn't really belong in prison for what amounts to the rest of his life.

That's because Hart is profoundly mentally retarded. He has an IQ of 47, and his parents say he functions at the level of a 9-year-old. The boy he confessed to molesting is mentally retarded as well.

What's more, the judge and the jury never heard any expert testimony about Hart's diminished mental functioning, his capacity to understand his Miranda rights or his ability to assist in his own defense, because his defense attorney never subpoenaed any experts.

And since he has been in jail, Hart himself has been repeatedly raped, according to his parents. The first assault, allegedly by an inmate who is serving a far shorter sentence of just 8 years for sexual indecency with a child, so disturbed the alleged rapist's mother that she called Hart's parents to apologize.

"I have nightmares thinking about Aaron in prison and how he is going to survive in there," said Robert Hart, Aaron's 70-year-old father. "He's the type of kid who his whole life people beat him up, took stuff from him, and he wouldn't defend himself. He can't read or write. He can't hardly talk."

"You don't want to send [Hart] to prison for life, but you cannot put him back on the street and worry about what he may do to some other kid," Allan Hubbard, victim's advocate for the district attorney, told the local newspaper, the Paris News. "Speaking for myself and not for the district attorney's office, this illustrates the need for some system between probation and life in prison for someone like this."

Hart's court-appointed defense attorney, Ben Massar, said he had recommended that Hart plead guilty only because he thought his client would be sentenced to probation.

"To me, this was a punishment case," Massar said. "And usually, in order to gain the benefit of more lenient punishment, like the probation we were hoping for, juries and judges like it when people plead guilty and take responsibility for their actions."

The judge who stacked Hart's prison terms to run consecutively for 100 years, Eric Clifford, said he's still agonizing over his decision, which was driven by his concern that Hart poses a danger to society.

"It was a sad situation. I was about to cry. The jury was crying," Clifford said. "Everybody looked at everybody like, 'What the hell do we do?' The only option we were presented was prison. We don't have any facilities in the state of Texas for any type of care for somebody like that. That's the problem. It's a terrible problem. I don't know what you do with him other than what we did."

On Tuesday, Hart's newly appointed appellate attorney is scheduled to go before Clifford with a motion seeking a new trial on the grounds that Hart could not have understood any of the legal proceedings for his arrest, guilty plea and sentencing.

Clifford sounded like he's inclined to grant the motion. "I approved [the appellate attorney] to hire all the experts he wanted on competency," he said. "I said, 'Whatever you need moneywise, I will sign the order.' If they can work something out on that appeal, I'm not going to be hard on them."

Story here

Texas Texas Texas.

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Leave it to the good folks of Texas to convict a mentally disadvantage child on five counts, including aggravated sexual assault and indecency by contact, to a 100 years. The hang em high state is back at it. But I expect nothing less. Yeah, I am mad. There is nothing like seeing a person get taken advantage of by the system. I bet the prosecutor is sitting back, smiling and notching another knot on his belt. He is well on his way to be a circuit judge. Perfect!

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I wish there were a better alternative for this mentally handicapped guy. But like the story said, mental institutes don't accept perpetrators of this serious of crimes.

I don't think the sentence this guy got was the correct punishment. He needs to be off the streets, but not in a prison.

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This is very unfair. First of all, the guy is mentally disabled. He doubt he knew what he was doing was wrong. Also, as the poster above me said, 100 years for fondling? I mean, that stuff is extremely wrong, but people get 10 years for manslaughter and other more serious crimes.

"Despite being a target of bullies, he was courteous, well-behaved and earned money by doing chores for neighbors, supporters said."

This part made me sad. The dude was probably heckled and made fun of all the time. He needs to go to jail for like 5 years or a rehabilitation center of some sort for 8+ years, but 100 years in jail? I just don't understand that.

I am sorry dude and I am not referring to this case, but intentionally molesting a child deserves a far greater punishment(IMO - death) than uninentionally kiling someone.

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I am sorry dude and I am not referring to this case, but intentionally molesting a child deserves a far greater punishment(IMO - death) than uninentionally kiling someone.

I agree with that. Intentionally molesting a child deserves about as harsh a punishment as possible. I was referring to this case though, as you know.

Killling someone, voluntary or involuntarily, is pretty bad too. I am amazed how some people get like 5 years for manslaughter or something.

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So wait, you can hack someone to pieces and stuff them in your closet for 2 weeks before anyone finds them. And only get 30 years. But, this kid gets 100?

Obviously there is going to be a difference between the Jersey court system and Texas but, isn't that wrong?

What's worse, chopping someone up or this? Both, are wrong and regardless of their IQ, should be punished as such. However, I think I am leaning more towards the human butcher.

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This is the modern american "justice" system. The idiots that have always been too damn stupid to understand the difference between justice and punishment have taken over the law making. They are only interested in harsher and harsher punishments thinking that it will solve all of our problems. Gone is any higher meaning or understanding of what is "just". All we talk about is how angry victims are and how the only way they can find peace is through furious punishment (which, btw, is incredibly and entirely out of line with Christianity).

The worst part is that the blood thirsty have taken to mandatory punishments now limiting what little options judges had in taking each case for the seperate indiviudal thing they really are. Now it's one size fits all injustice for everyone.

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Texas is so behind the times. There have to be better alternatives than sending a mentally disturbed young man to prison.

What's the option in NY?...community service in a daycare facility?:silly:

The appeals process is working as we speak,in the meantime prison is not out of order and certainly more appropriate than a mental ward..

btw..there is a difference between mental retardation and disturbed

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The appeals process is working as we speak,in the meantime prison is not out of order and certainly more appropriate than a mental ward..
Few people are arguing that he shouldn't be in jail or punished in some way. Most of them are just pointing out the problem they see in sentencing someone to 100 years in prison, when other people who committed far worse crimes do less time behind bars.

I think this guy's parents should appeal on the grounds that their son received an inadequate defense. It noted in an article above that the defense attorney didn't call any expert witnesses to testify about the effect that this kid's retardation would have on his ability to comprehend his actions.

At the very least this individual needs to be sent to a minimum security prison and kept away from the rest of the general population until the appeals process is worked out.

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Few people are arguing that he shouldn't be in jail or punished in some way. Most of them are just pointing out the problem they see in sentencing someone to 100 years in prison, when other people who committed far worse crimes do less time behind bars.

I think this guy's parents should appeal on the grounds that their son received an inadequate defense. It noted in an article above that the defense attorney didn't call any expert witnesses to testify about the effect that this kid's retardation would have on his ability to comprehend his actions.

At the very least this individual needs to be sent to a minimum security prison and kept away from the rest of the general population until the appeals process is worked out.

How long others are sentenced is foolishness,the jury and law addresses each case individually.

There is already a appeal in the works(as usual)

http://www.southernledger.com/ap/281206/Teen_with_47_IQ_gets_100_years_for_child_sex_abuse

I would bet he is in a minimum security unit already,you advocate putting him in solitary?

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Just another reason to hate Texas.

My sister in law was RAPED at the age of 5 by a well-minded 65 year old white-collar man, he only got 10 years.

Yet a mentally disabled man who inappropriately touched a young boy gets 100 years?

Texas sucks, let Mexico have em.

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