Topekans outraged by sentence judge handed down to child sex offender
Originally published 11:04 a.m., February 22, 2008
Updated 03:52 p.m., February 22, 2008
Michael Burlison is outraged by the sentence a judge handed down to a sex offender last week. The same judge allowed the man convicted of repeatedly raping Burlison’s daughter to walk free last year.
Last Friday, Shawnee County District Court Judge Matthew Dowd sentenced a 35-year-old man who pleaded guilty to having sex with a minor to 30 months in prison.
Gustavo Arreola-Martinez, Topeka, pleaded guilty to one count of aggravated indecent liberties with a child last December, after having sex with a 13-year-old girl and fathering her child, according to court records. The man was initially charged with rape in 2006, but the charges were reduced by the district attorney’s office in December 2007.
Gustavo Arreola-Martinez, Topeka
The 2 1/2 year sentence, imposed last Friday, is about one-half the time recommended by the state’s sentencing guidelines. The guidelines, which serve as a guide to a judge when sentencing guilty defendants, recommended a 55 to 61 month prison sentence.
Dowd departed from the sentencing guidelines, partially because Arreola-Martinez has no criminal record, court records indicate. Arreola-Martinez was also sentenced to three years probation upon completion of his prison sentence.
Dowd has not returned our call for comment.
Dowd's decision comes after he came under fire for sentencing Orlando Paul Cisneros, convicted of repeatedly raping and sodomizing a 14-year-old girl, to three years probation in May 2007. Under sentencing guidelines, it was recommended Dowd sentence Cisneros to 13 years behind bars.
Orlando Paul Cisneros
Cisneros rape case
- Topeka man arrested, charged with indecent liberties with a child (Oct. 11, 2007)
- Topeka man sentenced to probation for youth rape (May 26, 2007)
- Group protests lenient judge who released convicted child rapist (June 14, 2007)
- Rape victim's father interviewed on FOX News (June 18, 2007)
- Women says she's living in fear after judge's controversial decision (June 20, 2007)
- Face-to-face with a convicted rapist (June 22, 2007)
- Convicted sex offender violates probation (July 16, 2007)
- More questions surface after controversial probation sentence (July 20, 2007)
- Judge Dowd removes himself from controversial case (Aug. 7, 2007)
A jury found Cisneros guilty of 17 charges, including aggravated indecent liberties, criminal sodomy and rape.
Cisneros tested positive for marijuana only five days after being placed on probation, according to court records. Dowd eventually removed himself from the case and Shawnee County District Court Judge Charles Andrews sentenced Cisneros to 13 years in prison in August 2007.
After the initial probation sentence, a local and national outcry sent tremors through the justice system. Burlison hasn't sat quiet ever since. And, he's not happy about the sentence Dowd imposed on Arreola-Martinez last week.
“We are forced to sit by and let this inhuman lowlife continue to spread his evil rulings on our community and its citizens,” Burlinson said in a statement he emailed to 49 News.
Self-proclaimed victims' rights advocate Claudine Dombrowski is also upset.
“I think it's repulsive,” she said. “It's very nauseating that a society thinks this is acceptable, when it simply is not.”
Burlison and Dombrowski have been lobbying legislators to reduce the powers judges have.
The Cisneros case and others prompted Rep. Joe Patton, R-Topeka, to take action. The freshman legislator and more than a dozen other lawmakers introduced a series of bills this year to limit a judge's leeway in setting sentences. That includes House Bill 2732, which would limit the ability of judges to depart from the sentencing guidelines on crimes of extreme sexual violence.
It would allow judges to give a lighter sentence, only if agreed to by a prosecutor. Even then, the sentence could only be reduced by 50 percent from what is recommended by the guidelines.
Sentencing guidelines legislation
House Bill 2732 would limit the ability of judges to depart from the sentencing guidelines on crimes of extreme sexual violence. It will be discussed again in the House Judiciary Committee Monday, said Rep. Joe Patton, R-Topeka, a sponsor of the bill. View HB 2732 (.pdf).
According to the bill, judges would be restricted from departing from the sentencing guidelines, if any of the following were true:
- A crime involved a nonconsensual act of sexual intercourse or sodomy with any person.
- A crime involved an act of sexual intercourse, sodomy or lewd fondling and touching with any child who is 14 or more years of age but less than 16 years of age and with whom a relationship has been established or promoted for the primary purpose of victimization.
- A crime involved an act of sexual intercourse, sodomy or lewd fondling and touching with any child who is less than 14 years of age.
The bill is expected to go back in front of the house judiciary committee at 3:30 p.m. Monday, Patton said.
Comments
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Feb. 22, 2008 at 3:48 p.m. (Suggest removal)parkay (anonymous)
You are missing the point, Rep. Joe Patton. Legislators with any spine would impeach this rotten, mentally and morally unfit, soft-on-predators "judge" and stop him from issuing any more sentences anywhere.
Of course, if the Kansas criminal justice system were not so corrupt, it would police its own judges. Don't hold your breath awaiting that.
Retention votes have not worked in the past for eventually removing soft-on-predator judges such as Theis in Shawnee County and Martin in Douglas County. Shysters trampling on the backs of child rape victims donate to the judge's retention campaign fund, if retention is opposed by THE PEOPLE, and the judge they appear before stays on the bench, to remember the shyster's kindness.
Feb. 23, 2008 at 6:44 a.m. (Suggest removal)critterk (anonymous)
We must all remember that Kansas caters to the criminals. From officers on the street picking and choosing who to charge or not charge, to the judges who decide which crimes/ciminals he feels need to be locked up to the laws them self that baby and nurse the criminals.
ANY PERSON THAT ATTACKS OUR CHILDREN SHOULD BE LOCKED UP FOR A LONG TIME. FIRST OFFENDERS OR NOT THEY KNOW THEY WERE WRONG AND DON'T DESERVE ANY FREEDOM.
Justice and safety for our children is second to consideration of the criminals needs.
Feb. 23, 2008 at 9:10 a.m. (Suggest removal)fancyschmanz (anonymous)
Doctor could not medically determine if child born of these assaults had been conceived prior to victim's 14th birthday...without the ability to bring in other evidence the Court forced this crime to be reduced to less than forcible rape..again allowing for a lighter sentence..and, remember we are going to watch Dowd "retire" only to be hired on by County as a full time Pro Tem Judge...with full time pay and benefits..and NO CHECKS OR BALANCES. Those in power are aware of this and without much pressure will do nothing about it. Lawyers and others have called Dowd "howdy dowdy" or "Judge Dumb" for years...he has no pride or integrity in his work, so this does not matter to him...but, it should matter to us.
Feb. 23, 2008 at 10:14 p.m. (Suggest removal)Claudine_Dombrowski (Claudine Dombrowski)
Not just the ‘victim’s’ life destroyed,[as if that alone were not ‘bad’ enough].. but her whole family’s lives damaged beyond repair, and it continues to the next generation, the birth of the child, a result of the rape.
Another generation -‘victims’ upon victim- it must stop.
Corrupt ‘Justice’ continues to breed & encourage rape, violence, mayhem….under Judicial immunity- as they ‘protect’ there own- and there maintained ‘untouchable’ status.
“WE THE PEOPLE…” recall ..?
Judicial Oversight a ‘false-sense’ of - to ‘serve and protect’ can only be governed by “We The People…” and take ‘our power’ back.
www.AngelFury.org
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