Pray tell how did reading that violate his "due process"
----- Original Message -----
Sent: Thursday, October 09, 2003 11:39 AM
Subject: [Sndbox] figures this is in ohio

A convicted child rapist could go free because of what
a judge said to him during sentencing five years ago.

At James Arnett's sentencing in 1998, Judge Melba
Marsh quoted the Bible when she sentenced him to 51
years in prison after he pleaded guilty to raping the
8-year-old daughter of his fiancee. For guidance, she
turned to a Bible quote from the book of Matthew, WLWT
Eyewitness News 5's Todd Dykes reported Wednesday.

"And who shall receive one such little child in my
name receiveth me, but who so offends one of these
little ones which believe in me, it were better for
him that a millstone be hanged by his neck and that he
were drowned in the depth of the sea," Marsh read.

After years of legal wrangling, a U.S. District Court
judge has now overturned Marsh's decision, essentially
ruling that quoting the Bible in court violated
Arnett's right to due process, Dykes reported.

An attorney for Arnett, who's still in prison, said
he's pleased with the ruling and added that
law-breakers need to be sentenced by the same
standards.

Marsh was not available for comment, Dykes reported.
The next step will take place on a yet-to-be
determined date when the Ohio attorney general must
decide whether to appeal the new ruling or push to
have Arnett resentenced.

Otherwise, Arnett could be a free man.


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