She gets a harsher sentence than if she had killed someone, but according to Nevada law, she is put away for life. It is a study on the application of mandatory sentences, on the application of the Eighth Amendment to the U.S. Constitution (The provision against cruel and unusual punishment), the unchecked prosecutorial discretion enjoyed by district and U.S. attorneys (they could have filed a lesser charge or offered a plea for a lesser sentence but chose not to), and the limits of legal service available to indigent people. You will notice by watching that her attorney's pre-sentencing colloquy, though passionate, falls short of a coherent argument and fails to move the judge or the Court. The woman was herself the victim of sexual abuse, a factor to consider since most sexual offenders were victims first.
Following is the story as it appeared in the local paper:
A Twin Falls woman convicted of forcing a 13-year-old boy to touch her breasts was sentenced Monday to life in prison. Michelle Lyn Taylor, 34, was convicted of lewdness with a minor under 14 in November after a week-long trial in Elko County, Nev., District Judge Mike Memeo’s courtroom.
With the conviction, Taylor faced a mandatory life sentence, and Memeo set parole eligibility after 10 years, the minimum sentence. If released on parole she must register as a sex offender and will be under lifetime supervision.
The district attorney’s office did not offer a plea agreement in the case, said public defender Alina Kilpatrick, who argued the sentence is unconstitutional and doesn’t fit the crime. “The jury was not allowed to know the potential sentence in this case and the Legislature doesn’t know the facts,” she said, alluding to the minimum sentence set by the Legislature in Nevada Revised Statute.
Kilpatrick said despite the parole eligibility after 10 years, there should be no mistake that it’s a life sentence for Taylor. “She is getting a greater penalty for having a boy touch her breast than if she killed him,” she said.
After he sentenced her, Memeo said he was bound by state statute to impose the life sentence, but said he isn’t sure why the prosecution chose to charge her under that statute. District Attorney Gary Woodbury could not be reached for comment.
Taylor, who lived in Jackpot, Nev., at the time of the crime, kissed a friend’s child, forced him to touch her breast and asked him to have sex with her in February 2008. Taylor claimed she was intoxicated and doesn’t remember what happened that night. She told jurors she roughhoused with the boy, but didn’t force him to touch her inappropriately.
