Montana Judge G. Todd Baugh is unfit to be a judge

Saturday, September 7, 2013

Good afternoon:

Stacey Rambold (54), a former teacher at Billings Senior High School in Billings, Montana was charged in October, 2008 with three counts of statutory rape with a 14-year-old girl. In plain English, a 54-year-old male teacher was accused of having sexual intercourse three times with a 14-year-old female student.

Consent was not a defense, due to her age.

The girl committed suicide in February, 2010, while the case was pending.

In July 2010, prosecution of the defendant was deferred (postponed) for a period of three years on condition that he admit to one count, enter into and satisfactorily complete a sex-offender treatment program, and not have any unsupervised contact with minor children. He agreed to those conditions.

Deferred prosecution for first offenders has been around since the 70s. Most states have statutes that permit prosecutors to defer prosecuting a defendant who admits that he has such a serious alcohol, drug or mental illness that he will likely reoffend in the future without treatment and he agrees to enter and satisfactorily complete a residential treatment and aftercare program that can cure the illness. To be accepted for deferred prosecution, a defendant must have been evaluated by a suitably credentialed expert who diagnoses the alcohol, drug or mental condition that caused the offense(s) charged and finds the defendant amenable to treatment. Violent sex offenders and pedophiles are usually not amenable to treatment

The purpose of a deferred prosecution program is to use the pending prosecution as a threat or stick to motivate a defendant to enter a treatment program and the promise of dismissing the case without a conviction as a reward or carrot to motivate the defendant to satisfactorily complete the program. If all goes well, the offender benefits from getting well in the program and the public benefits if he does not reoffend.

The deferred prosecution did not work in Mr. Rambold’s case. He had unsupervised contact with members of his family who were minors and he was terminated from the program.

The prosecution activated the case in December, 2012 and scheduled Rambold’s case for sentencing, rather than a trial, since he had admitted to one of the three counts in order to enter the deferred prosecution program. The statute requires the admission as a condition to enter the deferred prosecution program so that defendants cannot gain a potential tactical advantage by using a failed deferred prosecution to delay a trial for a couple of years. This is a legitimate concern since witnesses forget, move without leaving a forwarding address or die as happened in this case.

Judge G. Todd Baugh sentenced Rambold to 15 years in prison. However, he suspended all but 31 days of that sentence. With credit for one day previously served, the sentence totaled 30 days in jail.

According to local Billings Gazette, Judge Baugh said,

the victim was “older than her chronological age” and had “as much control of the situation” as the teacher.

Judge Baugh has a set of beliefs about girls, women and sex that might require a lifetime to untangle. His belief that he could impose such a ridiculously low sentence and justify it by blaming the victim, who subsequently committed suicide, absolutely takes the breath away.

Moreover, he failed to see the overriding issue in the case, which is abuse of trust. Rambold abused a relationship of trust between student and teacher and that factor by itself merited a lengthy prison sentence.

Rambold’s violation of the no-unsupervised-contact-with-minors condition of his deferred prosecution and his termination from the program are also troubling because they indicate a man who was minimizing his misconduct and not taking his obligations seriously.

Judge Baugh attempted to rectify the sentence, but the Montana State Supreme Court refused to let him do it by a vote of 4-3.

The ruling was correct, as a matter of law, because sentences cannot be changed after they have been imposed.

For all of these reasons, Judge Baugh is unfit to be a judge.

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31 Responses to Montana Judge G. Todd Baugh is unfit to be a judge

  1. #GeorgeZimmerman taken into custody after altercation with a gun. WATCH SCENE LIVE: http://bit.ly/18JAbGW pic.twitter.com/I2PjUlrjYt
    ARRESTED!

  2. ay2z says:

    I am glad to say that I missed the whole troll incident as it unfolded.

    Here’s something about the trolls and their vitriol, as Jonathan Capehart goes heat to…. head to whatever trolls use to think, if they do at all.

    Racism and the George Zimmerman trial

    By Jonathan Capehart, Published: July 16 at 11:01 am

    ….

    Reading these letters is like walking through a sewer with no shoes. They peddle falsehoods. They make assertions not supported by the facts. They presume Trayvon to be guilty. They believe Trayvon caused his own death. And they don’t consider for a moment that the unarmed 17-year-old Trayvon walking home in the rain while talking to a friend on his cell phone was scared of being followed by a stranger.

    Jonathan Capehart

    http://www.washingtonpost.com/blogs/post-partisan/wp/2013/07/16/racism-and-the-george-zimmerman-trial/

  3. MDH says:

    She live near Sanford and must get votes from her neighbors to keep her $142,000 per annum job.

    Pummeling the defense???

    Let’s see:

    Rule that expert audio testimony submitted by the prosecution was not to be admitted

    Let Donnelly of the hook and let his tainted testimony stand

    Did not include jury instructions about Trayvon’s right to self defense based on a gross incorrect interpretation of case law presented by the defense

    Probably allowed arguments to be presented as evidence by allowing the jury to see that lame ass video

    I am sure there are more examples.

    What we have here is a classic dog and pony show with Judge Nelson acting as the mailman.

    About myself. I have a personality similar to William Holden. Like the characters he portrayed, I can not stand BS or liars.

    Enjoy my comparison of Nelson acting on behalf of the Martin’s to find justice to Price or is it Pricehoffer?

    • Two sides to a story says:

      Also well-said.

    • ay2z says:

      Yes, for those who have not seen this classic film, it’s Hollywood for sure, and in black and white, but Holden is always great, and the young Peter Graves played his part well until…

      A blend of humour and the less than real reality, makes the story entertaining and memorable. It’s available on youtube in full movie form.

      SPOILER ALERT (but then you have already seen NDH’s clip) here’s the pairing for that scene revelation, Holden isolated as the infiltrator/informer by his barrack mates. sporting the black eye they gave him, notices something.

    • ay2z says:

      And the lead in for a future tv series

    • MDH says:

      After the troll incident and some debates with Zimmerman believers, I feel we are collectively Holden getting a black eye from people being manipulated by George (Price, or is it Pricehoffer?).

      I also feel that Sefton represents us because he was a savvy street wise tough* who knew how to size people up. I find that most Zimmerman supporters, the overt racists aside, are not very street wise.

      What is really sad is that George never got the hard interrogation that Sefton gave to Price.

      *By tough I mean people who deal with the real word and have not been mollycoddled to avoid “those people”.

      That is one thing that came out about George in the Washington Post. Apparently his family did not allow him to get exposed to certain people. For example, riding the Metro would have been verboten.

      • ay2z says:

        MDH, long time since I’ve watched that film and did again last night. Price was assigned by the men in his barrack, as “Security Officer”.

        Sound familiar???

        (got a link for the Washinton Post article? That’s interesting, GZ was racist, no doubt, an on the surface, color-blind racist, purity of pedigree was what counts maybe?)

      • ay2z says:

        Haven’t found the WP article yet, but found this one by Jonathan Capehart, with it’s more complete (than the Fl media) quote of Shawn Vincent, legal spokesperson on behalf of MOM.

        The visit set off widespread head-scratching and curse-filled questioning. But the reaction from Shawn Vincent, the spokesman of the attorney who kept him from rotting behind bars, was the best.

        We certainly would not have advised him to go to the factory that made the gun that he used to shoot Trayvon Martin through the heart. That was not part of our public relations plan….

        From that perspective, we are George’s legal representation, but I don’t think he takes our advice on how he lives his life or what factories he decides to tour. We represented him in court. We got the verdict that we believe is just, and the rest of George’s life is up to George.

        Zimmerman clearly has gone rogue.

        http://www.washingtonpost.com/blogs/post-partisan/wp/2013/08/26/george-zimmerman-goes-gun-shopping/

  4. Romaine says:

    OT—Did any of you know this about Judge Nelson, OM, and West?

    http://www.thesmokinggun.com/buster/trayvon-martin/judge-debra-nelson-873407

    this is an old article but may help understand the hard feelings from the defense and lack of justice by the judge..ijs

    • Trained Observer says:

      O’Mara’s $250 contribution and West’s $100 contribution to Nelson amounts to chicken feed … these two jackals likely donated to many sitting judges they appeared before. Nothing unusual.
      Nelson was a Democrat when in Broward County.

      • Romaine says:

        TO, i can’t agree, everything means something to everyone.
        Those small contributions meant something to the defense team, the two male attorneys supported her in her desire to be elected as a judge. We witnessed the many errors made in her judgement during the trial. Those errors seemed small, yet they all held a very big impact on the decisions made by the jurors. She tolerated way too much BS from the defense team.. IMO that was her way of repaying the support provided by the defense team.
        Those two attorneys wanted to move up the ladder of success also, and if calling in a favor was the way of making it happen, why not use it during this high profile case.
        what did she have to lose, no one ran against her during her reelection, no one knew of the contributions made in support of her becoming a judge, no one knew that she made a 40k contribution to her own campaign then took it back!!! so she was as good as gold based on the little info we knew about her. To us she was a child advocate, who turned out to be soft and intimidated by Mr Ice Cream softy, looking like skeletor West, Mr My Teeth don’t fit my mouth, and my hair implants are unruly O’Mara, and I’m a Homicidal Lying Maniac Zimmerman.
        So as far as I’m concerned Judge Nelson was bought and folded for $350.00 and she should feel as cheap as she sold her soul for…

  5. acemayo says:

    Rape Culture

    Kenya faces a persistent problem of violence against women, and not just at the hands of current or former boyfriends or husbands. Across the country, women continue to face widespread problems including dowry-related violence, female genital mutilation and rape.
    In 2006 the Kenyan government released statistics showing that a woman is raped every 30 seconds here, and promptly passed its first sexual offenses law; though critics say it is too rarely enforced. Set to study criminal law, Nakaya is eager to change this.
    http://worldnews.nbcnews.com/_news/2013/09/08/20138065-what-a-man-can-do-i-can-do-better-young-women-challenge-kenyan-society?lite&ocid=msnhp&pos=1
    Many people tend to conflate the notion of rape culture and rampant misogyny. India, for example, suffers from a pathological preference for sons. Giving birth to boys is seen as winning the reproductive lottery whereas daughters are merely a financial and moral burden. This predilection for male progeny has resulted in a highly skewed gender ratio, sex trafficking, female infanticide, sex selective abortions and forced marriages. As such, India’s entrenched cultural misogyny has led to an endemic of violence against women, whereby a woman is raped every twenty-two minutes and dowry related deaths occur every hour.
    The pervasiveness of rape culture in North America has been demonstrated time and time again in recent past. The most recent revelation of our laissez-faire attitude towards sexualized violence against women took place last week on the campus of St. Mary’s University in Halifax during Frosh activities. A chant led by 80 student leaders in front of an approximate audience of 300 first year students lauded non-consensual sex with underage girls.
    Eighty student organizers thought there was nothing wrong with openly promoting sexual assault against a minor and chanting: Y is for your sister, O is for oh so tight, U is for underage, N is for no consent, G is for grab that ass. Perhaps even more disconcerting is the fact that this chant has been a staple of St. Mary’s frosh activities for the last several years.
    Sexualized violence against women is one of the world’s most common human rights offenses, and yet from New Delhi to Nova Scotia there is an alarming sentiment that persists: good girls do not get raped. Consequently, the flawed logic train seems to stop at the conclusion that if one is the victim of sexual assault, it is probably because the victim brought it on.
    http://www.huffingtonpost.ca/supriya-dwivedi/what-is-rape-culture_b_3876712.html

    • MDH says:

      The whole idea that good women do not get raped is repugnant and reeks of male insecurity.

      A women has to right to have and enjoy sex with as many partners as she sees fit. If she does not want sex at all or only in a committed relationship, then that is also her right.

      All I see in this religious rhetoric is that women are an economic commodity that a male has property rights to.

      How messed up and unnatural is that?

      The flower of youth is to be enjoyed for it is later than we think.

  6. ay2z says:

    Recall a person charged (think it was an uncle) with rape of a 3 year old, and the courts or child protection investigation, found that the 3 year old was sexually provocative towards the male relative (a full adult, not a child relative).

    Where would a 3 year old learn to be provocative and is it the child’s fault worthy of blame?

    The philosophy is ludicrous.

  7. ay2z says:

    Anyone dare to investigate this man who happens tp be a judge, for sexual exploitation of young women who come before his court?

    It happened in Canada, and not in a large city, smaller than Billings but not large enough for this judge to get away with what he was doing. He was quite a bit older than the defendant in this case.

    Could be the judge had prior experience with 14 year olds who he could manipulate, because they were more ‘worldly’ or for whatever reason, more vulnerable when they came into contact with him at his bench.

    It is up to the legal system to protect children.

  8. Malisha says:

    Reminds me of Judge Cage in Montgomery County, Maryland who sentenced a man to ONE DAY for rape of an 11-year-old.

    They respect the rapists more than the victims. For just this reason, they are themselves potential rapists.

    • Rachael says:

      I would leave out the potential. As far as I’m concerned, they are a party to the crime.

      • Trained Observer says:

        Such judges are, at minimum, co-conspirators to a rape enabling system. The message to predators: “Try to a avoid getting caught, but if you do, we stand ready to help with a minor slap.”

  9. MDH says:

    The “she was older than her chronological age” argument is absurd. The accused was a teacher who knew the real age of his victim (student).

    The older than he/she looks argument might make sense in a case wherein a young female or male comes on to an older male or female and lies about age.

    It make no sense here.

  10. Trained Observer says:

    So, the judge might as well have said, “she had it comin’, the tramp. Suicide serves her right.”

    Isn’t that so often the assumption? Baugh needs to be unbenched for good.

  11. Xena says:

    That judge should change his name to Judge Stone Age.

  12. Rachael says:

    Makes me wonder if he’s having sex with underage females. What’s wrong with that a****** ? That is despicable.

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