Judge G. Todd Baugh Orders New Sentencing Hearing For Convicted Rapist Stacey Rambold
BILLINGS, Mont. — A Montana judge under fire for his comments about a 14-year-old victim in a schoolhouse rape case has ordered a new sentencing hearing for the former teacher who received just 30 days in prison for the crime.
In setting the hearing for Friday afternoon, District Judge G. Todd Baugh said Tuesday that state law appears to require a two-year mandatory minimum prison term for Stacey Rambold, 54, of Billings.
Rambold last week was sentenced to 15 years with all but 31 days suspended and a one-day credit given for time-served. He began serving his monthlong term last week at the state prison in Deer Lodge.
"In the Court's opinion, imposing a sentence which suspends more than the mandatory minimum would be an illegal sentence," Baugh wrote.
But in a strange twist, Yellowstone County Attorney Scott Twito said Baugh may lack authority to impose a longer sentence at this point. That's because state law says an illegal sentence must be handled through the appeal process.
The judge has faced widespread condemnation from women's rights activists, elected officials and others for the light sentence and for saying Rambold's 14-year-old victim, Cherise Moralez, was "older than her chronological age" and asserting that she had some control over her months-long relationship with Rambold.
The judge later apologized for his comments, although activists who have called for him to resign said an apology is not enough.
Moralez killed herself before Rambold's case came to trial. That left prosecutors without their main witness and led them to strike a deal with Rambold that allowed him to avoid prison until he violated the terms of his court-ordered release.
Court records show the sentence Baugh handed down was in line with what Rambold had requested.
http://www.huffingtonpost.com/2013/09/03/todd-baugh-new-hearing_n_3862714.html







