Shorty keeps probation

The infamous short sex offender who a Nebraska judge sentenced to probation rather than jail because she felt he was "just too little" won an appeal of the sentence after the Nebraska Court of Appeals decided the sentence was fitting. Augh.

Richard W. Thompson was sentenced to 10 years of probation for sexually assaulting a 13-year-old girl by Judge Kristine Cecava, because in part he was "too short" to go to jail. Not to short to sexual abuse a child- but clearly the judge wasn't concerned about that:

"So I'm sitting here thinking this guy has earned his way to prison, but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison," Cecava said in court, according to a court transcript of the hearing.

It's wonderful when judges look at how well a predator will do in jail as a basis for sentencing rather than what their crime was, how their victim will do knowing they are free, or what effect this will have on future victims.

Thankfully, this might not be the end of the case:

The appeals court said the only way Cecava might have erred was in failing to provide a detailed explanation of her sentence. The probation officer who prepared a pre-sentence investigation on Thompson recommended probation, the court said.

"Such failure caused the trial judge's brief mention of Thompson's small physical stature to become the focus of attention, when in reality it was but a minor point," the court said.

Bruning said he planned to ask the state Supreme Court to review the appellate court's ruling because he believes sexual assault of a child is a serious offense that warrants jail time.

"The law does not impose a height requirement for jail," Bruning said.