Judge slams victims for tot's 'black men' fear

originally posted by: Greven
a reply to: tadaman


Again, the original title of this thread was: "Judge Accuses Little Girl of Racism for Fearing Black Men After Armed Robbery." The source cited in the OP is clearly making crap up. I feel this thread should have been hoax binned and this other, earlier thread should have been used to discuss the light sentencing that you are concerned with.

The thread title was misleading. It was changed.

I couldn't find an instance of you suggesting/asserting/claiming the sentencing of the individual was connected to race. The OP linked a USA Today article, but quoted from some other 'source' that clearly suggests race was a mitigating factor in his sentencing deliberations. The quoted 'source' from the OP says, in part: "...gave a home invader and armed robber a light sentence because he said he feels that the three-year-old white victim was a “racist”...". I understand your frustration. That is rather clear.

We were lead to believe that the judge felt the little girl was racist and his sentencing reflected this. Not true.

A couple posts above, you agree that the judge shouldn't have entered his commentary into the record. Apparently (from the linked USA Today article), one of the Commonwealth's attorneys (like Virginia, Kentucky is a commonwealth, so basically a state prosecutor) also agreed that the judge should have kept that commentary to himself. And because you offered up some portions of that USA Today article, I'll drop in the preceding language from that article to provide context and avoid any undue characterizations.

But leading experts on judicial ethics condemned his remarks, as did Commonwealth's Attorney Tom Wine...Wine said his office would disavow any racist victim impact statement but the statements made by the victims in this case "were not intended to be and were not."

"The mother of a 3-year-old was describing how the home invaders, armed with guns, affected her family," Wine said. "She differentiated how the adults and the child were affected."

He also said that "had the assailants been old fat men with white beards, I believe the child would have the same reaction to similarly described persons."

In an email, Ronald Rotunda, a law professor at Chapman University in Orange, Calif., and the author of a widely used course book on legal ethics, said Stevens violated the Code of Judicial Conduct, both by using the prestige of his office to further his personal interests and by commenting on a pending case on Facebook.

"The judge, acting like a pop psychologist, decides to attack the little girl and her parents," Rotunda said. "Then, after the judge … has a chance to cool down … he goes on Facebook and does it all over again. The judge should be a little more judicious."

Jeffrey Shaman, who teaches at Chicago's DePaul University law school and once ran the Center for Judicial Conduct Organizations, said judicial criticism of victim impact statements could discourage victims from "participating in the criminal justice system and ensuring that their voices will be heard."

USA Today

The problem I see here is one the judge created for himself. He ran unopposed last year and was appointed prior to that - he can be sure as hell that this will not be the case the next election cycle. This was a self-inflicted wound.

What I would like to know, but will probably never be truthfully answered: why did Judge Stevens feel the need to reset all of this in a Facebook post? Additionally, why remove the post from FB after only a week if he stood by what he said and qualified the post by asserting it was "very well-received by many people"? I don't buy the idea it was simply taken down because "a small group of individuals began promoting their agenda on my page." That notion flies in the face of his declaration that: "And let me be clear, silence does nothing to contribute. It simply sends a message that such views are acceptable and fear somehow excuses wrong."

Seems like silence is a message he's willing to send when it doesn't dampen his re-election chances.

a reply to: Vasa Croe

A black judge in Kentucky gave a home invader and armed robber a light sentence because he said he feels that the three-year-old white victim was a “racist” because in her victim statement the little girl said she is now afraid of black people after two black men broke into her home and threatened her with a gun.

I agree; the judge is out of line (unless he is one of those super psychic empaths.) I thought judges were supposed to remain impartial and make decisions solely on facts weighed out instead of how they personally feel? The blindfolded statue holding the scales of justice symbolize exactly that. The sentence should reflect the crime itself and not be lessened for the reasons alluded to in the OP.

At the sentencing trial of one of the robbers, a victim’s impact statement written by the little girl’s mother was entered into evidence. The statement read in part, “Whenever we are running errands, if we come across a black male, she holds me tight and begs me to leave. It has affected her friendships at school and our relationships with African-American friends.”

God forbid it was not two white men who perpetrated the crime instead! Can you just imagine the layers of psychological damage and impact that would of had on this little girl and the devastating effect it would have on her own family dynamics ? Basing it on the information the mother of the child stated above; they would of had no other choice to give her up for adoption to any family other than white. Furthermore, the adoptive family would be required to live in a country where there were no white men to trigger her PTSD symptoms in the future. The little angel would be traumatized at every interaction with any family member that had the same complexion as the perpetrators.

Come to think of it: Both sides (Judge and Mother) are idiots.

I agree, ridiculous story for all involved.

a reply to: Involutionist

Yes, just like any woman who is raped and has fear of men must be lying. God forbid they are telling the truth, they would have to leave and live in a country with no men amirite?

I work in psychiatry, and you clearly have no clue what you are talking about.

the message here is definitely a divide and conquer theme, but i think it's more than that. i want everyone to stop for a moment and consider: the top of the democratic party and a few of their chosen, have reverted to the democratic party's racist roots, however, they aren't just racist against whites, they are racist against blacks as well. could it be they just don't like humans, period? if so, then well, read your ancient history and this'll all begin to make sense, including the stuff in south africa.

Pretty Sure the thread is not based on a false premise. Come on....it is obviously not. Quit defending "light" treatment of offenders. Funny, the criminals had been in trouble before, put on probation, repeat offended and you think what the judge did in his sentencing was OK. So what if the parents wrote the victim impact statement. Good for them! They didn't put the race issue into the case...the offenders are thugs, plain and simple. If a great big yellow bird breaks into your house and robs you it goes to reason that the child would probably be afraid of all big yellow birds. It is people like this judge that keep racism alive and well in America.
a reply to: Greven

power to the judge. we need more like him. THE TAKE OVER!

a reply to: Vasa Croe

Reading the article before I saw the screencap from the video, I pictured this judge as white. Then when I saw the screencap, it ALL made sense.

It makes me really sad that the people in this thread don't know the guy from jack yet are still condemning him. A lot of people end up going to any lengths to be able to get their next drug fix. Does it make their actions okay? No. Does it mean that there is still hope? YES. Clearly the judge is giving this guy a chance and we will be able to see his true character when the brass tacks of probation come into play. Do you people even understand what probation is? It's like having someone who treats you like a criminal because you committed a crime waiting for the very moment you slip up to violate you. AND regardless of why you ever become violated, any time you had done up to that time does not count towards any part of your sentence. Probation/Parole is the very epitome of living under a oppressive regime.

originally posted by: Vasa Croe

originally posted by: yuppa
ME thinks this is going to get reported to the ACLU and their countys highest law enforcer. Even al sharpton can see the racism of that judge.(although he wont admit it)

May get reported to ACLU, but the judge is already defending his statements on his facebook page and in the press. Either way, unless this is heavily picked up on by MSM, it will likely disappear in the next day or so.

Believe me, the MSM will self-censor this story into the trash bin of history.

If they don't report it, it didn't happen.

a reply to: OccamsRazor04

Yes, just like any woman who is raped and has fear of men must be lying. God forbid they are telling the truth, they would have to leave and live in a country with no men amirite?

You obviously have no understanding of what I was trying to convey with my sarcasm in my previous post. I find that interesting considering the field of work you stated you are involved in.

I work in psychiatry, and you clearly have no clue what you are talking about.

OK. Answer me this:

If the perpetrators were white: Would the little girl be afraid of all white men from then on? Or just all men in general....?

I totally believe the little girl is afraid of black men due to the age she is and associating a traumatic episode with persons of a certain demographic background. Also, the ideology of the society her kin happen to reside in causes for these things to arise. In any other modern first world country, complexion would not be a factor in this case because there is exist diversification and intermingling of cultures in civilized parts of the world.

At the sentencing trial of one of the robbers, a victim’s impact statement written by the little girl’s mother was entered into evidence. The statement read in part, “Whenever we are running errands, if we come across a black male, she holds me tight and begs me to leave. It has affected her friendships at school and our relationships with African-American friends.”

Yes, it will take time for healing with the help of family and professionals. I hope the mother, over the coming years, will use this experience to teach her family not to stereotype to the point all people of a certain colour are seen as one big entity and instead view each for for their individuality and what they may have to offer the world.

You work in psychiatry, cool. Thank you for the resume. I found that those who go into those fields do so for personal reasons.

Thought processes speak volumes....but you should be aware of that since you are in the psychiatric field of study.

edit on 16-4-2015 by Involutionist because: (no reason given)

The Judge is an idiot, he has no power over the mother's feelings, nor the child's. I bet he wishes he could lock them both up and have them re-educated. ~$heopleNation

a reply to: SheopleNation

I wonder what would happen if that judge had that happen to his family. His little girl saying that she was scared of white people after a white man broke into their home and terrorized them.

Maybe the judge wouldn't be so outraged then.

*Edit*

Or maybe the judge would be outraged that a white man broke into their home. I mean, would a white guy get probation too?


I am so sick of this racial nonsense. I don't think it will ever end.

originally posted by: mdl59
Pretty Sure the thread is not based on a false premise. Come on....it is obviously not. Quit defending "light" treatment of offenders. Funny, the criminals had been in trouble before, put on probation, repeat offended and you think what the judge did in his sentencing was OK. So what if the parents wrote the victim impact statement. Good for them! They didn't put the race issue into the case...the offenders are thugs, plain and simple. If a great big yellow bird breaks into your house and robs you it goes to reason that the child would probably be afraid of all big yellow birds. It is people like this judge that keep racism alive and well in America.
a reply to: Greven

Excuse me.

Perhaps you missed how the OP in this thread paints the picture (and originally said in the title) that the judge felt the girl was racist. Perhaps you also missed that this this case was already discussed - specifically talking about the sentencing - in another thread prior to this one. You also obviously missed that I never once defended the light sentencing as you claim that I did. I did not claim that I thought what the judge did was "OK" as you again utterly make up; further, only one of the two robbers (the one who got 10 years in case you missed that too) had prior run-ins with the law, so you're wrong yet again. Here is the victim statement for you to read where they "didn't put the race issue into the case" as you suggest:

VICTIM IMPACT STATEMENT
(Jordan Gray, mother)
Has the crime had a psychological impact on you?
My husband works nights and there are many nights I still can't sleep. Even with a security system I don't feel safe in my own home. I'm nervous about when random people walk down the street and constantly have our doors locked.

Has this crime effected the lifestyle of you or your family?
Due to the impact it has had on my 5-year-old daughter we have to consider the area in which we go. While my daughter and I used to play outside, we are hesitant to do so now by ourselves.

If you have any additional information, please feel free to attach it to this form. (i.e, recommended sentence).
This incident has had the most impact on my daughter. She is in constant fear of black men. When we are running errands, if we come across a black male, she holds me tight and begs me to leave. If (she) is playing in a room and I walk into another, she freaks out. It has affected her friendships at school and our relationship with African American friends.

(Tommy Gray, father)
Has the crime had a psychological impact on you?
For months after this crime I couldn't sleep. I would relive this incident every night before bed. I would constantly see their faces every time I closed my eyes.

Has this crime effected the lifestyle of you or your family?
Since the crime occurred my daughter is terrified of black males. Where ever we go, we are constantly reminded of her fears. She brings up the crime and can't be left alone in our own home because she is afraid someone will bust in the door."

Has this crime resulted in any damages or loss of property?
My wife's cell phone and vacation fund of about $1000.

If you have any additional information, please feel free to attach it to this form. (i.e, recommended sentence).
I don't have a recommended sentence but I feel like probation is not enough. This crime will effect my daughter for the rest of her life and Mr. Wallace deserves to serve time. If holding a little girl at gunpoint gets you probation, then our system is flawed.

My complaint is with the premise of the OP and the original title (which has since changed).

originally posted by: BeefNoMeat
The thread title was misleading. It was changed.

I couldn't find an instance of you suggesting/asserting/claiming the sentencing of the individual was connected to race. The OP linked a USA Today article, but quoted from some other 'source' that clearly suggests race was a mitigating factor in his sentencing deliberations. The quoted 'source' from the OP says, in part: "...gave a home invader and armed robber a light sentence because he said he feels that the three-year-old white victim was a “racist”...". I understand your frustration. That is rather clear.

We were lead to believe that the judge felt the little girl was racist and his sentencing reflected this. Not true.

Right. Posts like the one I quote previously are why this thread should have been closed as a hoax instead of the title being changed. Folks read the OP, maybe a couple more posts, then get in the mindset that the judge literally attacked a little girl and then in retribution sentenced a robber to mere probation - which is a gross distortion.

Suddenly, I'm supposedly defending racist judges, cruel robbers, and preferential treatment. All I want is to point out the gross inaccuracies and deny ignorance. There was already a thread for this very case - and it precedes this one.

e: I forgot to add, thank you.

originally posted by: peck420
a reply to: Greven
Mythologies like using an Indiana based law professor for a Kentucky issue?

That is called grasping.

Per the KENTUCKY Constitution:

Section 112
(5) The Circuit Court shall have original jurisdiction of all justiciable causes not vested in some other court. It shall have such appellate jurisdiction as may be provided by law.

(6) The Supreme Court may designate one or more divisions of Circuit Court within a judicial circuit as a family court division. A Circuit Court division so designated shall retain the general jurisdiction of the Circuit Court and shall have additional jurisdiction as may be provided by the General Assembly.

Was Judge Olu Stevens designated as a family court for this criminal case? Nope.

Does that mean that Judge Olu Stevens overstepped his boundaries, per the Kentucky Constitution, in giving his opinion, in his criminal court, on a matter that pertained to the family courts?

Boring argument. Again, I really don't care about this particular bit as I don't think he should have said it.

Judge Stevens determined a sentence. In the course of this sentencing, he put the Victim Impact Statement into record and that he was offended.

I'm not a lawyer, so I really can't say. Are you and can you?

The weak make it impossible for the intelligent to get along. That's the final end result that will light the powder keg. You can't reason with a brick wall. You tear the # down.

originally posted by: scghst1 Do you people even understand what probation is? It's like having someone who treats you like a criminal because you committed a crime waiting for the very moment you slip up to violate you. AND regardless of why you ever become violated, any time you had done up to that time does not count towards any part of your sentence. Probation/Parole is the very epitome of living under a oppressive regime.

It's like having someone who treats you like a criminal because you committed a crime......

Did you even read what you wrote before posting ?!?!

LOL Or are you some kind of criminals advocate/apologist ?

Oh BOO-HOOOO-HOOOOO Probation and Parole are oppressive.... poor criminals.... Seriously??? Ive got a brilliant idea here pal: Don't commit armed f#*king robbery!!! These guys are repeat offenders, they should be doing jail time! Oh but he's such a good boy..... he got an athletic award once.....

I don't know why anyone thinks the judges sentencing is okay... in KY there are mandatory minimums, and while the state does not have specific home invasion laws, they do have laws and mandatory minimums for the crime..

A Class A felony is where the victim is subjected to unlawful restraint inside their dwelling.. in the state of KY it is also a class A felony if a burglar (either) enters or remains unlawfully in a dwelling...

Burglary in the second degree is a class B felony if the burglar enters into a dwelling unlawfully and if robbery is committed it automatically becomes a class A felony..

532.060
Sentence of imprisonment for felony
--
Postincarceration supervision.
(1) A sentence of imprisonment for a felony shall be an indeterminate
sentence, the maximum of which shall be fixed within the limits provided by subsection(2), and subject
to modification by the trial judge pursuant to KRS 532.070.(2)Unless otherwise provided by law, the authorized maximum terms of imprisonment for felonies are:

(a)For a Class A felony, not less than twenty (20) years nor more than fifty(50) years, or life imprisonment;
(b)For a Class B felony, not less than ten (10) years nor more than twenty(20) years;
(c)For a Class C felony, not less than five (5) years nor more than ten (10) years; and
(d)For a Class D felony, not less than one (1) year nor more than five (5) years

All those NOT LESS THAN are your mandatory minimum sentences... basically, the judge took felons who committed class A felonies, and didn't even give them the sentence of a person who wrote bad checks! The prison can let you out for good behavior, but sentencing must be in the not less than category...

www.lrc.ky.gov...

Here are the KY laws on modification of sentencing.. which by the way doesn't include forgoing the minimum sentence for the crime...

www.lrc.ky.gov...

a reply to: Vasa Croe

I believe it's called ptsd rather than racism.

originally posted by: tadaman
a reply to: Greven

First degree burglary is a class B felony, and includes knowingly entering or remaining unlawfully in a building (any structure, vehicle, water- or aircraft) with the intent to commit a crime there; and while doing so (or during the immediate flight from the crime) the defendant possessed an explosive or deadly weapon, caused physical injury to another person, or used (or threatened) to use a dangerous instrument against another person.

www.criminaldefenselawyer.com...

A class B felony in Kentucky is:

Class B felonies in Kentucky are punishable by ten to 20 years’ imprisonment. (Ky. Rev. Stat. Ann. §§ 532.020, 532.060.) For example, intentionally shooting someone and causing serious injury (first degree assault) is a Class B felony.

www.criminaldefenselawyer.com...

The sentence the one got of even 10 years is LIGHT. Probation is unheard of when a firearm is involved. It made it a felony just being there for a home invasion. The fact they were armed makes this retarded. They needed to BOTH get 10 years at least, maybe this other "nice family guy" could have gotten 5 or less, but NO TIME IN JAIL?!?! The MINIMUM is 10 years....He set a new standard. Freaking probation where 10 years is the minimum!

That is my problem. Its not normal and just further shows the bias this judge has. He needed to go have a smoke and re think his "being offended".

He did do something based on the victim's statement instead of dismissing it. Maybe the victim statement was just the icing on the cake. He MAY have planned on being VERY lenient anyways. How nice of him to these two armed home invaders.

If someone pleads guilty and throws themselves on the mercy of the court, it is usually because a lawyer struck up a deal for them.. the deal in this case seems to be the class A felony being reduced to charges for a class B felony.. at least in the case of the person who got sentenced..

the other guy didn't even get charged with a class D felony as that carries a mandatory jail sentence of at least one year..(whether that year is in county or prison is up to the judges discretion) - he appears though to have been charged with a misdemeanor crime, instead of the class A felony that was actually committed.

a reply to: xuenchen

Reverse racism? Idk about all that, seems like straight up, textbook prejudice to me. Disgusting that this man has so much power.