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Convicted Pedophile? No Jail for You

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CBC News || May 27, 2006

A judge in Nebraska sentenced a convicted child molester to probation instead of prison, saying she believed the man's short stature would cause him harm in prison.

Cheyenne County Court District Judge Kristine Cecava on Tuesday sentenced Richard Thompson to 10 years probation instead of the 10-year prison term she said his crimes deserved.

Cecava said she believed the 5-foot-1 Thompson would not survive in a state prison because he was too small.

Thompson, 50, was convicted on two counts of felony sexual assault after having sexual contact with a 12-year-old girl over a two-month period.

Under terms of his probation, he will be electronically monitored for the first four months of his sentence, cannot be alone with people under 18 years old and must destroy his collection of pornography.



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Nebraska's attorney general has vowed to appeal the sentence, saying it sends the wrong message to victims and criminals.

The legal director of the American Civil Liberties Union called the sentence surprising, saying neither the U.S. nor the state constitution provides protection based on physical size.

But a spokesman for the National Organization of Short Statured Adults — a group that represents men 5-foot-7 and below and women 5-foot-2 and below — applauded the ruling.

Joe Mangano agreed Thompson would face dangers while in prison due to his height.

"It's good to see somebody looking out for someone who is a short person," said Mangano.

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