"Paging Mr. Newman, Mr. Randy Newman -- this is your cue for a sequel ..."

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Judge Criticized for Granting Probation on Basis of Sex Offender's Short Stature

The Associated Press
05-26-2006

A Nebraska judge's decision to sentence a man convicted of sexually assaulting a child to probation rather than jail time because she feared he was too short to survive in prison has stirred up a controversy.

The judge's sentence outraged advocates for child sexual abuse victims. But supporters of short people said it is about time someone recognized the challenges they face.

Richard W. Thompson, who stands only 5 feet 1 inch tall, had faced up to 10 years in prison after he was convicted of two felony counts of sexually assaulting a minor.

At Tuesday's sentencing hearing, Cheyenne County District Judge Kristine Cecava told Thompson that his offenses warranted a stiff prison sentence. But she sentenced him to 10 years probation, saying he was too small to survive for very long in a state prison.

Thompson will be electronically monitored during the first four months of his probation, and was told to never be alone with someone under age 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography. He faces 30 days of jail each year of his probation unless he follows its conditions closely.

Maria Sohl, of the Nebraska Domestic Violence Sexual Assault Coalition in Lincoln, said Thursday that the judge was showing more concern for the criminal and his safety in prison than for his victim.

"I'm concerned about the message this sends to victims and perpetrators," Sohl said.

But Joe Mangano, secretary of the New York-based National Organization of Short Statured Adults, said he agreed with the judge's assessment that Thompson would face more dangers in prison because of his height.

"He would probably end up being somebody's woman" in prison, said Mangano, who is 5-foot-4. "Then again, after what he did some people might think he would deserve that sort of a fate."

"I'm assuming a short inmate would have a much more difficult time than a large inmate. It's good to see somebody looking out for someone who is a short person."

Thompson's attorney, Donald Miller, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not immediately return a call seeking comment.

Cecava did not immediately return a message seeking comment.

The judge's reasoning also confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union.

"I have never heard of anything like this before," she said.

No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. or state constitutions provides protections based on physical stature, she said.

Thompson's height would not put him at risk among the state's 4,400 inmates, said prison system spokesman Steve King.

"He's not the shortest guy we have in prison," King said. "We've got some short guys that are as tough as nails. We've got people from all ages, physical stature of all sizes, in general population."

There are protections available in prison to help inmates who feel threatened, King said, but to his knowledge no one has ever taken advantage of them based on fears related to their height.

State Sen. Ernie Chambers of Omaha, a longtime critic of judges, said he was totally baffled by the sentence and urged the state attorney general's office to consider investigating whether it was too lenient.

"If shortness is an excuse and protection from going to prison, short people ought to rob banks and do everything else they would wind up going to prison for," Chambers said. "We're talking here about a crime committed against a child, and shortness is not a defense."

If a 5'1" man is too small to survive for very long in a state prison then it sounds like something is seriously wrong with the state prison.

By that rational, shouldn't a person that is too big or too mean be too big or too mean and pose too much of a risk for the other prisoners if sent to prison? Maybe segregate the prisons. Not by race or gang affiliations, but by sizes? Kinda like the boxing classifications.

Brilliant!

"... and I find you guilty, and I hereby sentence you to 15 rounds' confinement in the Texas Department of Criminal Justice's Institutional Division, said sentence to be served at the Bantamweight Unit ...."

Now if only we could get the criminals to pick on somebody their own size...