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CLO abuser gets probation
Judge Michael Malone told a deputy attorney general Wednesday that he wouldn't sentence Eric S. Wyatt to prison time despite a state request that Wyatt go to jail.
Wyatt pled guilty this summer to two counts of mistreatment of a dependent adult, which under state guidelines would mean probation for someone without a criminal record. But the state asked last month that Wyatt serve jail time because of the severity of the crimes.
Wyatt worked with the adult client during his tenure at Ponderosa House, a group home owned by Community Living Opportunities, Inc.
The state tried to use the same arguments for jail time that they used in the original charges, Malone said. Those arguments couldn't be used twice, so the state lacked the proper evidence to sway Malone to deviate from the sentencing guidelines.
Malone instead sentenced Wyatt to 24 months of strict probation, followed by another period of supervision.
In other news:
Lawrence police are investigating the use of four counterfeit bills at local businesses over the past two days.
Two fake $100 bills were used at a local restaurant, while two fake $20 bills were used at Abe & Jakes Landing and a different restaurant, police say.
Police have started conducting interviews, but couldn't yet say whether the incidents appeared related.
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8 November 2006
at 4:57 p.m.
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Centrist (Anonymous) says…
“” Those arguments couldn't be used twice ”“
Why the HELL not?????
So an abuser gets off … yet again … because of “freedom” in the LAW.
What a joke.
I bet the person abused is so happy about this. That is, if they have an adequate capacity to reason about it at all.
Perpetrators …. all and sundry. Come to Lawrence! You'll get off!
8 November 2006
at 6:35 p.m.
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compmd (Anonymous) says…
“because of “freedom” in the LAW.”
Whoa there, Centrist. You are definitely not doing your name justice. I would expect something like that from Patriotman or right_thinker, but not you. I think you have a seriously skewed concept of the legal system implemented in the United States. “Get off?” The man plead guilty! He now has two misdemeanor convictions. I'm sure if you (or any of us) were charged with two misdemeanors and convicted, regardless of sentence, you wouldn't feel as if you had “gotten off.”
Sentencing guidelines are generally well adhered to. A judge may venture outside of them, but it is not often. Either the state or the defense must make truly compelling arguments to convince a judge to deviate from the guidelines. Clearly, the state's evidence was insufficient. Put away any conspiracy theories of the system helping Mr. Wyatt receive probation. The guidelines (which are decided on by many lawyers and politicians, mind you) were adhered to because the state's case was not strong enough to compel the judge to change his mind. Simple as that.
8 November 2006
at 6:45 p.m.
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srj (Anonymous) says…
As bad as the crime sounds, I still believe he was not properly trained, and though he was doing right. And a jury could not convict of more serious charges, so he probally getting a punishment fitting.
CLO is more to blame then anything.
8 November 2006
at 9:22 p.m.
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stops4armadillos (Anonymous) says…
These individuals are paid very little for a very frustrating job. I'm not excusing his actions, but the situation is a little more complex than it seems. CLO has a history of poor staff training and supervision (even leading to the death of persons served). They definitely hold some of the responsibility for the situation.
9 November 2006
at 9:20 a.m.
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roger_o_thornhill (Anonymous) says…
Gotta save room in jail for non-violent drug offenders—the real evil.