Thank you, jean169. Good point. Maybe that is why it did not go to trial.. They would have to look at everything that happened in the weeks leading up to the incident and expose any previous or partially healed injuries and ask how NO ONE noticed or did anything. It leaves reasonable doubt, as to who is at fault and should be held responsible. If someone 'lets things go on' or 'turns the other way' to the warning signs', for a period of time, should they be held accountable when things escalate into a tragedy? Could anyone, even someone privy to the abuse, have predicted this? Who should've prevented it, by seeing the signs and removing the child from the situation? There are surely other adults in the poor girl's life, where were they? Out of all the adults in the situation, from the day this happened on, I don't think the Judge is the one to blame. One person could've stepped in and saved this child from the pain and suffering this monster has inflicted on her. The fact is, no one did and this little girl has to pay for it forever. That is a true tragedy.
February 27, 2011 at 2:14 p.m.
If the victim does not agree with the Prosecutor's plea agreement, the case goes to trial. Period. That didn't happen here. So, to give the Prosecutor the go ahead then go online and blame the Judge, who was only doing his job entering the plea agreement, isn't fair. (since the case didn't go to trial, the Judge doesn't choose a sentence, since the parties entered in an agreement) So, blame either yourself for agreeing to the plea bargain or the Prosecutor for whatever problem you may have with the sentence.. I just don't understand why you blame the Judge.
February 19, 2011 at 5:12 p.m.
The strengths and weaknesses of a case often depend on the parents conduct leading up to the incident.Judge D’Apolito has the duty to serve as Judge over the trial of the case. When the Prosecutor, representing the victim and the defense agree on a result, as in this case, the Judge proceeds with the agreement unless either party refuses and then there is a trial. When a victim, who is represented by the Prosecutor, disagrees with the plea bargain and tells the Prosecutor then the case goes to trial and the Judge will decide the sentence if the defendant is found guilty. If someone disagrees with the result, like this after it is over, their problem is with the Prosecutor, not the Judge. A review of Judge D’Apolito sentencing on serious cases where there is no agreement between the parties would show that his sentences are far from lenient.
February 19, 2011 at 10:42 a.m.