The Herald Bulletin

Morning Update

Breaking News

September 6, 2013

Court stops Montana judge from undoing rape sentence

(Continued)

BILLINGS, Mont. —

The sentence handed down Aug. 26 had been suggested by Rambold's attorney, Jay Lansing.

Lansing said in a court brief filed this week that a new sentence from Baugh would have created "confusion and uncertainty for all parties." He said the original sentence — 15 years with all but 31 days suspended and a one-day credit for time served — was allowed under state law.

Prosecutors didn't challenge the 30-day sentence as illegal until the days after the Aug. 26 hearing, when they discovered the mandatory minimum term for sexual intercourse without consent was two years.

Baugh on Friday repeated his assertion that giving Rambold the minimum mandatory sentence was appropriate due to the circumstances of the case. He described the former teacher with no prior record as a low risk to re-offend after spending more than two years in a sex-offender treatment program.

The defendant entered that program in 2010, after Moralez's suicide left prosecutors without their main witness in the case shortly before it was scheduled to go to trial.

That led to a deferred prosecution deal that allowed Rambold to avoid trial until he violated the terms of the agreement last year, for not reporting that he was in a sexual relationship with a woman and for unauthorized visits with family members' children.

Court documents show there were complaints about Rambold's conduct with female students as early as 2004. Three years before his relationship with Moralez, prosecutors say, "he was warned to stay away from young girls in his class."

No charges were filed, and Lansing has said his client would challenge those accusations.

Text Only
Breaking News
Featured Ads
More Resources from The Herald Bulletin
AP Video
Couple Channel Grief Into Soldiers' Retreat WWI Aviation Still Alive at Aerodrome in NY Raw: Rescuers at Taiwan Explosion Scene Raw: Woman Who Faced Death Over Faith in N.H. Clinton Before 9-11: Could Have Killed Bin Laden Netanyahu Vows to Destroy Hamas Tunnels Obama Slams Republicans Over Lawsuit House Leaders Trade Blame for Inaction Malaysian PM: Stop Fighting in Ukraine Cantor Warns of Instability, Terror in Farewell Ravens' Ray Rice: 'I Made a Huge Mistake' Florida Panther Rebound Upsets Ranchers Small Plane Crash in San Diego Parking Lot Busy Franco's Not Afraid of Overexposure Fighting Blocks Access to Ukraine Crash Site Dangerous Bacteria Kills One in Florida Workers Dig for Survivors After India Landslide Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Southern Accent Reduction Class Cancelled in TN
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Helium debate
Helium
Front page
Poll

Do you think school is starting too early?

Yes, it shouldn't start until after Labor Day.
Yes, it shouldn't start for another week or so.
No, it's about right.
Not sure.
     View Results