Well Cut Off My Legs And Call Me 'Shorty'

Judge Criticized for Granting Probation on Basis of Sex Offender's Short Stature

Now here's a legal defense offering mitigating circumstances for not being sentenced to prison, no matter how heinous the crime and certain the conviction. Methinks there is going to be a flood of complaints from those that are "too tall" and sitting in prison cells. Utterly ridiculous.

A Nebraska judge's decision to sentence a man convicted of sexually assaulting a child to probation rather than jail time because she feared he was too short to survive in prison has stirred up a controversy.

The judge's sentence outraged advocates for child sexual abuse victims. But supporters of short people said it is about time someone recognized the challenges they face.

Richard W. Thompson, who stands only 5 feet 1 inch tall, had faced up to 10 years in prison after he was convicted of two felony counts of sexually assaulting a minor.

At Tuesday's sentencing hearing, Cheyenne County District Judge Kristine Cecava told Thompson that his offenses warranted a stiff prison sentence. But she sentenced him to 10 years probation, saying he was too small to survive for very long in a state prison.

Thompson will be electronically monitored during the first four months of his probation, and was told to never be alone with someone under age 18 or date or live with a woman whose children were under 18. Cecava also ordered Thompson to get rid of his pornography. He faces 30 days of jail each year of his probation unless he follows its conditions closely.

Maria Sohl, of the Nebraska Domestic Violence Sexual Assault Coalition in Lincoln, said Thursday that the judge was showing more concern for the criminal and his safety in prison than for his victim.

"I'm concerned about the message this sends to victims and perpetrators," Sohl said.

But Joe Mangano, secretary of the New York-based National Organization of Short Statured Adults, said he agreed with the judge's assessment that Thompson would face more dangers in prison because of his height.

"He would probably end up being somebody's woman" in prison, said Mangano, who is 5-foot-4. "Then again, after what he did some people might think he would deserve that sort of a fate."

"I'm assuming a short inmate would have a much more difficult time than a large inmate. It's good to see somebody looking out for someone who is a short person."

Thompson's attorney, Donald Miller, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not immediately return a call seeking comment.

Cecava did not immediately return a message seeking comment.

The judge's reasoning also confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union.

"I have never heard of anything like this before," she said.

No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. or state constitutions provides protections based on physical stature, she said.