Dad gets two years for abusing children, mom gets 30 for "allowing it"

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Oct 16, 1999
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How. Does. This. Happen?

Tondalo Hall hopes to see her children grow up from outside prison walls.

The Oklahoma mother of three is a third of the way through a 30-year prison sentence. She has applied for clemency, a rare form of commutation considered an act of grace, mercy, privilege or favor on behalf of the state.

Thousands support Hall’s bid, believing that for her to spend three decades behind bars is a miscarriage of justice. An online petition seeking her release garnered 80,000 signatures.

In 2006, Hall pleaded guilty to permitting the abuse of her two young children. She received two 15-year sentences, to run one after another.

The children’s father, Robert Braxton Jr., who admitted to breaking the leg, ribs and toe of his 3-month-old daughter, didn’t go to prison. In a plea agreement made during his criminal trial, he received a sentence of two years, which he had already spent in jail awaiting trial. He was released.

In her commutation application, and in testimony at Braxton’s trial, Hall described physical violence she suffered at the hands of Braxton while they were living together. Hall’s supporters say her sentence unfairly punishes a domestic violence survivor more harshly than her abuser.
More at link:
http://newsok.com/article/5407411
 

Sonikku

Lifer
Jun 23, 2005
15,908
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How the hell did he spend 2 years waiting for a trial? In the US you're supposed to have speedy access to a trial.
 

Vic

Elite Member
Jun 12, 2001
50,422
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This should be considered prosecutorial misconduct.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,686
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That's truly fucked up. She turned state's evidence & threw herself at the mercy of the court only to receive the grand cornholio while the actual perpetrator got off easy.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
That's truly fucked up. She turned state's evidence & threw herself at the mercy of the court only to receive the grand cornholio while the actual perpetrator got off easy.
And because the prosecutor blames her testimony at his trial for his light sentence.
 

DrDoug

Diamond Member
Jan 16, 2014
3,580
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How the hell did he spend 2 years waiting for a trial? In the US you're supposed to have speedy access to a trial.

Ahh yes, the right that almost no one exercises! Yes, you do have a right to a speedy trial but most accused are convinced to give up that right and do so. If you don't here's one example of what can happen...

In Washington state, if you refuse to waive your right to a speedy trial the prosecutor has a couple of options. First, he can file certain paperwork right as the time for a speedy trial is coming to an end (90 days) that extends the time limit by 14 days (something informally called the 104 day exclusionary rule). If that isn't enough, the prosecutor can get the judge to rule that it would be "detrimental to the prosecution" to not grant a delay in your right to a speedy trial, which the judge will almost always grant.

Great, now you have a point to appeal on and the trial can proceed.

Good luck! :biggrin:
 

woolfe9998

Lifer
Apr 8, 2013
16,242
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How the hell did he spend 2 years waiting for a trial? In the US you're supposed to have speedy access to a trial.

A right which criminal defendants usually waive at their arraignment on advice of counsel. Especially if they are out of custody.
 
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