He took a plea deal that gave him 20 years in prison, plus five of probation for sexually abusing a child, with "special conditions" (those being that the child was under 13 during most of the abuse). However, the judge forgot to mention that the deal came with the five years in prison, and the rapist had a change of heart about his plea deal, so he appealed. The best part? Well, the appeal judges agreed with him, and tossed out the deal.
I know, you're wondering just what makes this good... well:
It seems that by winning the appeal, Obed Cortes lost the pretty deal he was sitting on, and is now looking at a shot at life in prison instead.
If only all child rapists were that willing to give up the deals and spend life in prison.
And, I'd also like to point out that the victim in this case deserves the utmost respect for being willing to testify, and willing to ensure that this predator remain behind bars. No matter what the age of the victim, no matter how many years have gone by since the abuse occurred- testifying always remains a difficult thing to do, and it shows a huge amount of strength on her part. She really should be commended.
As for the rapist- I'm pulling for him to get the full benefit of that appeal- and be sentenced to the max.
I know, you're wondering just what makes this good... well:
If Cortes simply hoped to get the state to strike a similar deal without the parole tack-on, he miscalculated, said Prosecutor Bill Mason and his aide, Oebker. Circumstances have changed, they said.
"If he wants to undo this deal, fine," Oebker said. "We have a victim who is very motivated to testify -- ready, willing and able to testify."
[...]
The state's prime witness says she is strong, too. The victim is now 21 and living in Cleveland Heights and says she is "doing a lot better" than when the case first headed to court.
"Back then, I was just 15 years old and in high school, and I was scared," she said last week. "Just the idea of taking the stand in front of him was terrifying.
"Now, I honestly hope he thinks in his brain somewhere that he wants a trial, because I'd like the chance to get him more time," she added. "I would love nothing more than to see him sit in prison for the rest of his life."
It seems that by winning the appeal, Obed Cortes lost the pretty deal he was sitting on, and is now looking at a shot at life in prison instead.
His plea deal dropped the specifications and called for prosecutors to recommend he serve only 20 years in prison, out of a possible 120 years. Common Pleas Judge Daniel O. Corrigan accepted that suggestion in January 2002.
A year ago, Cortes changed his mind and sought to withdraw his guilty plea. In considering Cortes' request, judges of the 8th Ohio District Court of Appeals seemed almost bewildered.
There is "no dispute about the defendant's culpability, which he freely admitted at the sentencing hearing," Judge James J. Sweeney said in the court's written opinion. Under those circumstances, he wrote, the notion that anyone would willingly face a potential of life in prison instead of just submitting to parole seems "a rather unrealistic proposition."
If only all child rapists were that willing to give up the deals and spend life in prison.
And, I'd also like to point out that the victim in this case deserves the utmost respect for being willing to testify, and willing to ensure that this predator remain behind bars. No matter what the age of the victim, no matter how many years have gone by since the abuse occurred- testifying always remains a difficult thing to do, and it shows a huge amount of strength on her part. She really should be commended.
As for the rapist- I'm pulling for him to get the full benefit of that appeal- and be sentenced to the max.