Sunday, April 3, 2011

Man rapes 3 year-old daughter. Was Judge Green's suspension of his sentence legal?

Here is the file of Jake Bias. It's not much, as he pled guilty only a few months after a Hinds County grand jury indicted him for statutory rape. Mr. Bias raped his 3 year-old daughter and gave her two STD's. Judge Tomie Green sentenced him to 20 years and suspended 5 years of the sentence. Mr. Bias currently resides in the Hinds County jail.

Section 97-3-65 (3)(c) of the Mississippi Code states "(c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years;"

The victim will be under the age of 21 when Mr. Bias is released, assuming he serves his full sentence of course. The defendant agreed to an open plea. Under an open plea, the District Attorney makes no sentencing recommendation to the court so there is a "deal" on the sentence. The judge has full discretion to impose the sentence. Article WLBT reported the victim was the daughter of the rapist:

"HINDS COUNTY, MS (WLBT) - A 27 year old Jackson man was sentenced Tuesday to 20 years in prison for a sex crime against his 3-year-old daughter.

Last October, Jake Jerome Bias was arrested and charged after the victim's mother took the child to the University Medical Center where doctors discovered the toddler was infected with two venereal diseases.

After questioning, Bias confessed to having sex with the child.

Hinds County Judge Tomie Green ruled bias must serve 15-years of his 20-year sentence. Five years were suspended
."

Disgusting. Disgusting because apparently Judge Green gave him the minimum sentence and also has no authority to suspend part of his sentence. Period. Section 47-7-33 of the Mississippi Code states:

"(1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi, having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in term time or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections. "

The maximum penalty for Mr. Bias's crime is life imprisonment. Judge Green had no authority under the statute to suspend five years of what was the minimum sentence. The District Attorney should appeal this sentence to the higher courts if the law allows him to do so, as Bias should be serving "20 for 20". Judge Green's actions are simply despicable.




22 comments:

Anonymous said...

Any idea if there was a recommendation as to sentence from the DA? And, by the way, it is perfectly legal to suspend time on a sentence. Happens all of the time. Also, bear in mind that this is a "day for day" sentence. There will be no parole or early release for Mr. Bias. (Barring intervention by a governor, of course.)

Anonymous said...

I'm confused - she sentenced him to the minimum (which is shameful enough) but where does suspending five years come into the statute? Does the statute mean that no part of the sentence shouldbe suspended?

Anonymous said...

WHAT THE HELL? " statutory rape" of a THREE YEAR OLD? Dear God Almighty!

This should be national news just for the statutory rape charge if nothing else.

Anonymous said...

I don't know what the " rationalization" is here for the DAs office.

Did they have trouble getting the doctors to commit to confirming rape ( often a big problem after time has passed and the defense attorneys can come up with all sorts of examples of children inserting objects in ears, noses and elsewhere) Is the family uncooperative "( also often a big problem as they either are in denial that someone they know could do this)

Aside from the fact 3 yrs olds aren't exactly great witnesses, does this toddler show no fear of the pedophile? It happens as the pedophile can also be the source of gifts etc. and the 3 yr old doesn't necessarily understand that pain from an adult isn't ok if that's all they've known. Defense attorneys love to show photos of the child happy with the defendant AFTER the abuse has taken place.

In other words...did they have the same STDs in both victim and pedophile and access to the victim and not much else?

While I understand the judge was not hampered in open court, isn't it true that these things are worked out in advance to " sell" the plea agreement and lesser charge...not a specific time but a " reduced" sentence and charge? And, that , like with the Irby case, it's all about the " appearance" to the public that no sentencing deal has been struck. Are they operating under the theory that unless " understandings" are kept, defense attorneys won't recommend pleading guilty?

Even 40 years ago, knowing the child was abused and who did it was the easy part. Getting it proved in court " beyond a reasonable doubt" was what kept you up at night. Indeed, getting a temporary custody order to protect the child was extraordinarily difficult.

It is such a horrendous act, that the " grown ups",especially those in the legal and medical communities, are usually surprisingly ignorant about child abuse, do not want to be the one pointing the finger. They will initially be the first to be incensed and then start backpedaling when it becomes clear they will have to take the stand.

Of course, if none of the conditions above existed, I'm ready to tar and feather Green and any in the DAs office who were a party to this agreement.

But, we've also gotten stupid about "reasonable doubt". The public has not been educated on the difference between " reasonable" and " far fetched". The notion that an alternative explanation needs to have SOME basis in fact and liklihood seems totally missed. And, judges, to my dismay, tolerate ridiculous defense "some other dude did it" inventions.

Anonymous said...

I thought I read in the paper that this male was her father.

Anonymous said...

If a deal is made, it is between the DA and the defendant. In exchange for the defendant's guilty plea, the DA promises to recommend a certain sentence. The deal is the same as a contract. If either side reneges, the deal is off. There's an unwritten UNDERSTANDING that the court USUALLY accepts the DA's recommendation. The Court, however, is not bound to the agreement and if he or she gives the defendant a greater sentence that that agreed upon by the DA and the defendant, this is acceptable (unless, for some reason, the defendant was not told that the Court was not bound by the contract between the DA and the defendant. To make sure that the defendant is completely apprised of his rights, he signs a petition to plead guilty in which this information should be set out and the Court usually reads all of the conditions and questions the defendant's understanding of same on the record.)

In an open plea, there are no deals. The defendant is admitting guilt and is basically throwing himself on the mercy of the court. This time it proved to be a wise move. Why Judge Green was moved to give a rather merciful sentence to this low-life is something she can choose to explain or not prior to the next election.

Kingfish said...

In Judge Green's court the DA makes open pleas because she ALWAYS undercuts whatever sentence recommendation they make. If they recommend life, she'll give 20. If they recommend 20, it will be 10 or 15. If 10, then 5 or 7. You get the idea.

This one is all on the judge.

Kingfish said...

10:50:

Did you read the facts of the case? The child had not one but TWO STD's. Her father admitted to the crime. There is PLENTY of medical evidence to back this one up.

Rebekah said...

Judge Green AND the child rapist are both a piece of shit...She should have given him the max- NOT the minimum...and for that she is a piece of shit. He deserves to be tortured massively everyday for the rest of his pathetic life

Anonymous said...

I wonder how Judge Green would field if this was her three year old...she is a very cold judge! I wonder how she sleeps at night???????

Anonymous said...

This child rapist received a lesser sentence from Judge Green than Karen Irby.

Anonymous said...

To echo the comments in the similar JJ article of 3/31/2011 : " One perfect example of why people are leaving Jackson " :

This "Judge" is a winner of the Nation of Islam "freedom Fighter Award" ?? ... whatever ever the hell that is ... , here's that link:

www.co.hinds.ms.us/pgs/Circuit/greenbio.asp

I too wondered if this " judicial Maya Angelou" composed yet another poem to this piece of Shit as she did with Karen Irby.
...... " Ode to a toddler rapist " by Tomie Green

Bill O'reilly does needs to be bombarded to with requests to make this "Judge" a national issue ,

If there is any consolation,.... it is a fact that this monster will receive at least multiple primitive prostate exams per day at Parchman.
...... not to mention a weekly "home made" colonoscopy by his roomates.

Anonymous said...

I don't have it in me to put into words how angry and disappointed I am. I have two children (a boy and a girl), and all I can offer right now are my tears and sorrow.

Anonymous said...

She's black, he's black,it's a black thang, you just don't understand KF.....but Donna does.

Anonymous said...

Not condoning child porn, but she just gave a white male 40 years for possessing child porn, and gives an actual child rapist, one that rapes his 3-year old daughter and gives her two STDs, a 15 year term?

Tell me its not racist,

Anonymous said...

@9:02am...
No doubt that is messed up!

I sent O'Reilly the link to the story. Maybe if more of us do so, he will take the hint!

Anonymous said...

It's funny to me how how most of you scream racism, however you dont consider all of the whites who have committed crimes against blacks over the years and never were charged. I am no fan of pedophiles and I agree that her sentence puzzles me but stop the racist nonsense. and for those who bring up Karen Irby, I dont care who it is white, black, chineese, if you kill two people the penalty should be harsh. If anyone of us committed this crime we would want the judge to be merciful too.

Anonymous said...

KF, I did. Did the Dad admit it to someone in the DA's office BEFORE the plea?

I had a case of two sisters , each with syphillis AND both pregnant. I managed to get parental rights terminated but neither the mother ( who knew) nor the biological father who raped the girls served one minute behind bars. The mother admitted she knew the father was " diddlin'" with his daughters to me but not to the police and not to the DAs office.

The doctors said they didn't want to " waste their time" hanging out in the courthouse waiting to testify and if forced to testify, would be poor witnesses. They pointed out they didn't see the " act" . The girls and mother wouldn't testify. Of course we didn't have DNA back then for the offspring, but ...

I had a child die on my caseload because the pediatrician and public health nurse who were certain privately, claimed they were certain " enough" to testify to the unsafe living conditions. The psychiatrist who saw the parents said they were " nuts" but couldn't say on the stand the parents were "nutty enough". The babies were premature twins and when they both got pneumonia, the parents took " the good baby" to the hospital and left the identical other one at home alone to die.

I've seen social workers blamed when others recanted and claimed later they hadn't. I'm lucky it didn't happen to me as I CYAed my last meetings with the medical " professionals".

And, there's NO doubt in my mind that both sets of parents had more children.

Anonymous said...

By the way, KF, it's damn near impossible to protect the abused children of well to do or professional people. They can beat the system everytime...agree to " counseling" and no one want's to believe these " normal" looking folks with good social skills are monsters.

J. Kev said...

I took a law school class with this woman as the adjunct professor. This was when she was in the legislature, way before she ran for judge.

I'm surprised she can dress herself in the morning. She is that stupid. She barely speaks English.

And yes, she's racist.

Anonymous said...

they tryna give me that same time for two ounces of weed!! aint that a bitch

Anonymous said...

YALL FUCKERS NEED TO GET OFF MY UNCLE LIKE THAT HIS BROTHER DIED AKA MY DAD

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