Re: Heather Lindorff gets 6 years

We either give judges the discretion necessary to apply the laws with some
semblance of justice or we don't.  So long as we give them discretion, there
will be sentences with which we disagree and apparent contradictions when we
attempt to compare sentences for different crimes.  

There are any number of other possible reasons for this disparity, including
the variation in sentences provided for in each state's laws, whether the state
has some form of uniform sentencing, etc.   Minnesota, for example, has
sentencing guidelines, weighted to increase sentences based on prior history,
vulnerability of victim, etc.   Judges can depart upward or downward but must
make specific findings of fact justifying the departure and either side can
appreal a departure.

Frankly, the sentence for a particular crime often depends upon the mood at the
legislature when the law was passed or its response to a particularly moving
event.  Our governor has responded to a recent kidnap and probable murder by
proposing renewing the death sentence.  Others have responded by coming out in
favor of indeterminate sentencing for sex crimes, e.g., 10 to life, in order to
keep sex offenders under the state's jurisdiction for life, without the need
for separate civil commitment hearings when the sentence expires, as is
presently the case.

Too, there are only so many possible sentences available for any type of crime
(assault, murder, theft, for example).  You have to have some sense of
proportion within each category, unless you are willing to give the same
sentence for stealing  a loaf of bread and an entire pension fund, or
manslaughter and premeditated murder.  

Is it possible that there is some form of unconscious discrimination in
sentencing when the murdered child is adopted, rather than biological?
Possibly.  We know racial biases are reflected in sentencing to some extent.  I
wouldn't be surprised to find similar biases based on sex or national origin.*
I won't accept it as fact on the basis of a few instances, however.  

J.

* Come to think of it, I think the sex bias has been demonstrated in the
application of the death penalty, at least.

Reply to jmhjmd at aol.

We only have uniform sentencing guidlines for federal crimes, most of them
drug related. BTW, these uniform sentences are under attack from a variety
of groups, including judges. There is nothing in statute that treats the
death of a Russian child as less than any other. If you have a beef with the
sentence, then you should work to unseat the judge in the case, whose
interpretation of law determined the sentence, not some flaw in the law.

Ron

WHO objected to them? not I. So stop lying.

 

 
I guess no such generalizations are to be

Tell me, Dad, do you believe adopters who abuse Russian children to death
should:

[  ] get a 6 year sentence spending only 2 years actually in jail?
[  ] get the same sentence as those who defraud Pap's out of money?
[  ] get a longer sentence than those who defraud Pap's out of money?  
[  ] get the same sentence as those who abuse NON-Russian kids to death?

You can tick more than one if applicable.

Di

 < snip >

 This from the same woman who objected to the "Mother Kills Child" news
articles recently posted by Marla.  I guess no such generalizations are to be
taken from those stories.

 Tell me, Diane, do you make these ridiculous assertions because you are...

[  ]  stoopid
[  }  lonely and need some attention
[  }  just wanna piss certain people off

 You can check more than one, if applicable.

Dad

Russian children are obviously not worth much as human beings in the
eyes of Americans.

Di
 

http://www.nj.com/news/gloucester/index.ssf?/base/news-1/1080724556101450.xml

Heather Lindorff gets 6 years

Wednesday, March 31, 2004

By Laura Tull
ltull@sjnewsco.com

WOODBURY -- Over her pleas urging the court not to break up her family, Heather
Lindorff was sentenced to six years in state prison Tuesday for the abuse and
neglect of her deceased 5-year-old adopted Russian son.

The 39-year-old adoptive mother of five tearfully told the court, "my worst
fear is being taken away from them. I think I need them more than they need
me."


Soft sobs were heard from the audience where the five other children, also
adopted from Russia by Heather Lindorff and her husband James, sat in a row of
red faces, hugging each other and wiping away tears.

On December 22, a jury convicted Heather Lindorff, of Franklin Township, of
second degree endangering the welfare of a child in the December 14, 2001 death
of her 5-year-old adopted son, Jacob. She was acquitted of aggravated
manslaughter and aggravated assault charges.

Her husband, James Lindorff, 54, was sentenced to four years of probation and
400 hours of community service over four years for fourth degree child abuse.

The jury deliberated for less than three days.

The Lindorffs, once portrayed as a model for international adoptions, both
expressed remorse over the death of their son.

"Your honor, don't break up this family," James Lindorff implored the judge.
"This isn't the house of horrors that was portrayed by the Prosecutor's Office.

"I love all my children deeply and they love me. I feel that I've been a good
father. I deeply regret what happened to Jacob. There's nothing I can do to
change that," said James Lindorff.

Prior to sentencing, Superior Court Judge Julio Mendez denied defense motions
seeking a new trial and a judgment of acquittal for both the Lindorffs. Defense
attorneys argued that the judge improperly dismissed a lesser count of child
abuse against Heather Lindorff during the trial and that the state had withheld
discovery materials.

Heather Lindorff faced a maximum sentence of up to 10 years in state prison.

As the sentence was announced, James Lindorff put his arms around his wife and
held her close, his eyes closed. The couple seemed oblivious as the proceedings
continued around them.

The judge ordered Heather Lindorff to report to the Gloucester County Women's
Facility in Clarksboro on April 23 at 6 p.m. to begin her sentence. He agreed
to consider a defense request for bail pending her appeal.

Afterwards, Heather Lindorff went to her children, kneeling down to offer hugs
and comfort as they crowded around her crying, their faces flushed with
emotion.

Assistant Prosecutor Mary Pyffer called the sentence "very fair and
appropriate." She added, "We have a little boy that came into our country,
seemingly healthy, and six weeks later he was dead."

Prosecutors argued that the child died as a result of blunt force trauma to the
head, an injury consistent with child abuse. Jacob was also found to have
sustained second-degree burns on his feet, hemorrhaging in one eye, bruises
over his body. The state also claimed he suffered what appeared to be seizures.

Heather Lindorff was the primary caregiver for the couple's six adopted
children. Both burn injuries occurred under her sole care. She testified that
they were "accidental." However, "the jury found otherwise," said Pyffer.

Defendants are typically eligible for parole after serving a third of their
sentence -- that's two years in Heather Lindorff's case, said Pyffer.

With the exception of 20-year-old Jessica, the four Lindorff children ranging
in age from 8 to 13 remain in the custody of their maternal adoptive
grandmother.

-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown