They
beat him, they bit him repeatedly, they drug him around the
house by his ears, they taped his legs together, then his
arms behind his back and left him to drowned in his own blood.
After serving only three years in prison, they now walk among
us as free people. How was this allowed to happen? I'll tell
you.
A series of mistakes, a judge sympathetic to the killers,
a defense attorney with no conscious and a judicial system
that doesn't see children as victims is how it happened. Throw
in a little known law on the Ohio books called super shock
probation and that's how these two vicious killers walked
out of prison.
If you've never heard of the super shock law, you're certainly
not alone. It has crossed my mind more than once how this
law was able to pass with so little knowledge by the public.
I think it's one of those things they slipped in without anyone
else knowing. Keep reading to learn what super shock is and
how it works. After you've read it, I urge you to contact
your congressman, your state senator and have this law repealed.
Super
shock probation allows a judge, at their discretion, to release
convicted criminals from prison before they are even eligible
for a parole hearing. How can that be you ask? Shock probation
began as a scared straight sort of program in the mid 1970's.
It was designed to give a person a taste of prison life in
the hopes that they wouldn't want to go back. It was very
seldom used for criminals serving long sentences.
The law was changed, revised and added to when the lawmakers,
in their infinite wisdom, added something called Super Shock
Probation. Super shock probation said that a person need only
server 90 days to be eligible for early release from prison.
The prisoner could be let out at any time, no parole hearing
was needed, no testimony, no nothing, only a judge to utter
the words "let 'im go!"
There are huge problems with super shock probation, the obvious
one, criminals who should remain in prison are being let out
early, but another problem, which I see as the main problem
is this. Super shock probation does come with stipulations.
One of those stipulations is that a criminal can only ask
for super shock probation one time during the course of his
sentence. If the request is denied, he can never ask for it
again. Low life defense attorneys have however found a way
around this little "problem".
Rather than risk a denial and forfeit any chance of another,
the attorneys would "hint" to the judge that they
were "thinking" of filing a petition for super shock
probation for their client "so and so". The judge,
who in my opinion is just as guilty of this miscarriage of
justice as the scum bag defense attorneys, would let them
know in no uncertain terms if they should or shouldn't make
the request. If the attorneys heard something along these
lines, " I don't think it's a good time for you do that."
or "No, now's not a good time." The attorney knew
not to file a request on the record.
The attorneys for Bourgeois and Bratton approached judge Miller
about every six months and were told no. Personally, I think
this in itself is a miscarriage of justice. It just goes to
show that criminals can find a way around anything and I feel
that the attorney's who defend them, are no better than the
criminal themselves. |