Recently in Hampton Roads, two decisions in two separate courtrooms illustrated just how corrupt and biased our legal system is. On Tuesday, October 28, the Virginian-Pilot reported that Brandon Jamale Wade (http://hamptonroads.com/2008/10/attackers-sentencing-victim-relives-her-anguish) was sentenced to two life terms plus 123 years, with 85 years suspended for the rape of a 23 year old woman. Norfolk Judge Karen Burrell said that “If the victim stops helping others, then you (Wade) win. That shouldn't happen. There's no way you should walk out of here a winner."
At about the same time in Chesapeake, Judge Randall Smith was sentencing Margaret Garnes (http://hamptonroads.com/2008/10/chesapeake-woman-gets-15-years-killing-spouse)to a mere 15 years for murdering her husband. While I understand that rape is a deplorable crime, I find it hard to imagine that taking a life is less so. Would Wade have gotten less time had he killed his victim?
In both cases, the defendants plead guilty. Garnes never claimed that she acted in self-defense. She shot her husband after an argument as he was trying to leave. Despite that, Smith only sentenced her to a mandatory three years for a firearm conviction and 30 years, with 18 suspended, for the murder.
It’s obvious that race and gender played an enormous part in both sentences. Under current domestic violence laws, Garnes’ husband could have gotten almost as much time had he just hit Garnes in self defense.
The short answer to these cases is that Smith and Burrell are both biased and incompetent. The long answer is that our state’s judiciary has many bad apples. The worst part is that our political leaders lack the wherewithal to weed them out. As long as bad judges like these two remain on the bench, none of us or our civil rights are safe.
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