More questions surface after controversial probation sentence
7:34 p.m. Friday, July 20, 2007
More questions have surfaced after Shawnee County judge Matthew Dowd sentenced convicted rapist Orlando Cisneros to probation rather than prison. A jury found him guilty of repeatedly raping and sodomizing a 14-year-old girl.
Now the victim’s father, Michael Burlison, is questioning the probation system. We’re helping him in his search for answers.
In a story you saw first on 49 News, we showed you the probation report that says Cisneros tested positive for marijuana twice, the first time just five days after he was allowed to walk free. He received verbal warnings and counseling.
“I just feel like there was something more that should’ve been done,” said Burlison. “Obviously that should’ve thrown up a huge red flag.”
We went straight to probation officers who make the decision and asked why they didn’t give Cisneros a stiffer penalty.
The officers have several options when a convict violates probation. Other than warnings and counseling, they can also be placed on surveillance or put in jail.
One violation typically isn’t enough to throw someone in jail, said community corrections director Barry Billings. Instead, they try to work with the defendant.
He said officers were in the process of giving Cisneros jail time the second time he tested positive for marijuana, but that’s when Dowd issued a warrant for Cisneros’ arrest for allegedly violating his parole.
“Once you have been convicted, you should be on a straight and narrow and should not be given any chances to not comply with probation,” said district attorney Robert Hecht.
Now Hecht said he’d like to be notified at once if a violent offender violates probation so an arrest warrant can be requested sooner, if necessary. Billings said he’s willing to discuss the idea.
Cisneros will be back in court Aug. 8, where Dowd could leave him on probation or hand down the initial 13 year prison sentence.
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