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A Major Miscarriage of Justice in my State
Jan 14, 2014 09:11:42   #
sye Loc: The Old Dominion Near DC
 
http://www.washingtonpost.com/local/crime/babysitter-sentenced-to-5-years-in-virginia-toddlers-death/2014/01/13/d1ffc554-7c8f-11e3-95c6-0a7aa80874bc_story.html?tid=pm_local_pop

I can't believe this !!! I'm embarrassed.
She should have gotten the max. The murder of that child sounds like premeditation to me.

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Jan 14, 2014 09:30:49   #
Spindrift62 Loc: Dorset, England. U.K.
 
Is there no right of appeal against sentence within American Law? If not there should be as this would appear to be a prolonged attack by an adult on a child. The sentence of five years is derisory enough, but the $1 a year fine is an insult to humanity not just the family.

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Jan 14, 2014 09:37:39   #
sye Loc: The Old Dominion Near DC
 
Spindrift62 wrote:
Is there no right of appeal against sentence within American Law? If not there should be as this would appear to be a prolonged attack by an adult on a child. The sentence of five years is derisory enough, but the $1 a year fine is an insult to humanity not just the family.


Unfortunately, I suspect that "double jeapardy" applies here. She can't be tried twice for the same crime.

I'm no lawyer and I didn't sleep at a Holiday Inn Express. Isn 't it the defense that can appeal ?

The parents can probably sue her but doesn't sound like she has the assets, unless she ever wants to write a book about her life as a nanny.

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Jan 14, 2014 10:53:28   #
SpeedyWilson Loc: Upstate South Carolina
 
I agree, it does seem like a travesty of justice. What the defense attorney said, and the stated details of the event, are sickening; where was the accident?

But defense attorney Sandra Drewniak objected to that characterization of Fraraccio. “This accident was truly an accident. She is not a monster,” she said.

Initially Fraraccio said the boy had slipped in the tub and hit his head, but months later, she told police that wasn’t true.

In the end, Fraraccio told police that she was frustrated because Elijah was crying, prosecutor Teresa Polinske said. Fraraccio pulled a chair out from under him, causing the boy to hit his head on the table and floor.

Elijah cried harder in pain, and Fraraccio carried him around the house upside down, hitting the boy’s head on the metal stair rail and other objects, Polinske said. Fraraccio then covered his mouth and nose with her hand, suffocating him to death.

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Jan 15, 2014 08:54:57   #
bvm Loc: Glendale, Arizona
 
Judges were once practicing lawyers,
That's were they developed the attitude of getting people off, technicalities that stifle justice and are driven by the almighty dollar.

The migration from lawyer to judge is politically driven and power driven.

It is evident that their net worth, once they become judges, soars in to , in some cases millions, is often generated by their decisions.

They often ignore the basics of justice, and often ignore the constitution.

There are judges who do their jobs correctly, pronounce the sentence based on the jury decision, are becoming a scarce commodity.

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Jan 15, 2014 09:33:17   #
Photoman74 Loc: Conroe Tx
 
Do not disparage - not just your state - all the USA state & Federal have a far swing of the justice scale to the perp - many citizens are of the opinion that the word justice has been removed from law enforcement. As with most things it is a circle and will again return. I wish it was not all about the money.

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Jan 15, 2014 14:40:37   #
Audwulf Loc: Golden State
 
The Feds can step in and charge her with hate crime or violation of rights.
sye wrote:
Unfortunately, I suspect that "double jeapardy" applies here. She can't be tried twice for the same crime.

I'm no lawyer and I didn't sleep at a Holiday Inn Express. Isn 't it the defense that can appeal ?

The parents can probably sue her but doesn't sound like she has the assets, unless she ever wants to write a book about her life as a nanny.

Reply
 
 
Jan 17, 2014 09:21:27   #
Penny MG Loc: Fresno, Texas
 
sye wrote:
http://www.washingtonpost.com/local/crime/babysitter-sentenced-to-5-years-in-virginia-toddlers-death/2014/01/13/d1ffc554-7c8f-11e3-95c6-0a7aa80874bc_story.html?tid=pm_local_pop

I can't believe this !!! I'm embarrassed.
She should have gotten the max. The murder of that child sounds like premeditation to me.


I agree, I'm embarrassed outraged and feel horrible for the parents. What a slap in the face to them.

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