A "noble experiment?"

A particularly ugly case is drawing attention to a legal experiment carried out in New Hampshire.

Back in 2001, Chad Evans was living with his girlfriend, Amanda Bortner, and her 21-month-old daughter, Kassidy. One day Amanda rushed a severely injured Kassidy to her sister’s apartment. A few hours later, when it was obvious Kassidy was in real trouble, the sister’s boyfriend called 911. She was rushed to the hospital, but it was too late. She died. An autopsy revealed that the tiny girl had been beaten to death — and had been abused for some time.

Amanda Bortner was convicted of endangering the welfare of a child and sentenced to two years in prison for knowing her daughter was being beaten and doing nothing. And Chad Evans was found guilty of second-degree murder and given 28 years to life. (He was also convicted on five counts of second-degree assault, one count of endangering the welfare of a child, and one count of simple assault against Amanda.)

That’s when the experiment kicked in. The prosecution didn’t think the sentence was adequate, so they appealed it. The appeal board looked at the case, agreed with them, and bumped it up to 43 to life.

Evans is now appealing those additional 15 years. His lawyer says that since the law went into effect between his offenses and the conviction, it shouldn’t apply. Further, they are questioning the whole notion of allowing this board overturn judge’s sentences.

It’s a tough case.

Hopping on the "Pork For The Big Easy" bandwagon
Well, at least he's entertaining himself...
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13 Comments

  1. OregonMuse September 18, 2005
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