After being convicted of two counts of capital sexual battery in June of 2007, Kelly Lumadue, one of the first people featured on People You’ll See In Hell, is going to be re-tried.
Circuit Judge Clayton Simmons decided that because of “overly aggressive” questioning by a prosecutor, the fact that the victim doesn’t remember his abuse and because she claimed to have been forced by her husband into having sex with a five-year-old, that Kelly Lumadue was entitled to a new trial.
According to the Judge:
The fact that the defendant faces a Draconian punishment for a crime where the victim is alive and apparently living a normal life some eleven years after the criminal act, when criminals who have killed people are released from prison almost daily, makes it even more imperative that the defendant receive a fair and impartial trial.
Her lawyer, Adam Reiss told the press:
I think Kelly Lumadue was a victim as well.
Kelly is now 32 and the boy in question is now 16.
She will remain in custody until her new trial.
Update:
Guilty. Kelly Lumadue has been sentenced to life in prison without the possibility of parole on the 18th of September, 2008.
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aside from the tapes, what other proof is there? if the victim doesn’t remember, i’m quite sure she’ll get a seriously reduced sentence here. in fairness though, i do agree with the judge here, not the part about the kid not remembering it, but the part about murderers roaming the streets, their sentences should be equally draconian.
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man…this bitch is gonna get off the hook. just watch. that’s bull.
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I’m curious how they determined for certainty the boy in the video’s identity. What if Ms. Lumadue purposely steered them to the wrong victim? A very unusual case, that’s for sure. I also don’t understand exactly how an adult woman uh…”has sex” with a five year old boy. Wow, I just threw up a little even typing that.
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The boy has repressed the memory of the abuse (as alot of sexually abused children do) and that means she shouldn’t be punished or she should get a lesser sentence? WTF!? I don’t think so.
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Yeah Chris that’s screwed up. Ummm so every sicko out there if you sexually assault a child and they don’t remember it then it’s ok.. Sick Fuckers running and ruining this country… Sensibility has gone out the window in this country. As long as the almighty dollar keeps coming in we don’t want to piss any do-gooders off with deep pockets.
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usign the judge’s logic, I guess it’s also acceptable for rapists to pray on elderly people with memory problems. After all, they won’t remember it so it’s okay.
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