The world is a dangerous place, not because of those who do evil,
but because of those who look on and do nothing.

~~~ Albert Einstein

Saturday, June 28, 2008

No Jail Time?!?

Before Aaron Nichols could even get a drivers license, he'd already molested enough children to convince most people that he was a danger to society. Most people, but not all people. Not his father, who he'd confessed to and who had instructed him to 'remain quiet', not the original prosecutor that waited until the last minute to admit that his dealings with Nichols father (the county coroner) and Nichols uncle (a county councilman) had conflicts of interest in handling the case, not even the first judge who also ended up recusing himself because of dealings with the same two men. And, amazingly after years of waiting for this to go to court- it seems that Nichols, charged with molesting an 11 year old boy in 2002 and an 8 year old boy in 2003, still hasn't had enough victims to convince the current prosecutor that he's a clear danger to society and needs to be locked up.

Instead, the prosecutors office has worked up a plea deal with the defense that seems to do nothing to bring justice to these victims, while at the same time teaching Nichols a lesson that it's all about who you know.

SOURCE--- Prosecutor Stephanie Smith said even though the victims’ families did not agree with the plea, she went ahead and filed it to save the child victims from going to trial.

The parents of the children have clearly stated that their children are ready and willing to testify, that they want to testify in order to ensure that this pervert is put away... according to unnamed sources, it's alleged that Smith actually had a disagreement with one of the families involved claiming other reasons for the plea deal, but then spinning this 'save the children' tale for the press. Honestly, given the overwhelming evidence of the case, and the willingness of the victims to testify- there is no reason for a plea deal other than to reward Nichols for being born into a well known family.

After all, just how do you explain a plea agreement that will let Nichols walk away without having to serve even a day in jail? That's right, multiple victims (there are more than just the two involved in the charges) and he gets no jail time, 8 years probation and only 10 years on the registry. Might as well start a donation program for his future victims, because I can promise you that this serial child molester will not be deterred from repeating this crime when the worst punishment given is a slap on the wrist.

The Tipton County charges allege Nichols fondled a boy who was 7 or 8 between April 1, 2003, to Nov. 30, 2003. The two Hamilton County charges allege he fondled or touched an 11-year-old boy on two occasion between May 1, 2002, and May 31, 2002.

The plea, if granted by Proffitt, would have Nichols serve six years all suspended with four years of probation on all three charges with the Tipton County and Hamilton County offenses to run consecutive for a total of eight years probation and no jail time. Nichols also would be required to register as a sex offender for 10 years.

Proffitt will make her decision on the plea at an Aug. 13 hearing.

Nichols declined comment after the hearing.

The following is from comments posted at another forum (link), and include quotes from transc from the court.

CAUSE NO. 29C01-0704-JD-652 AND 80C01-0704-008
Transcript of Proceedings, taken in the initial & waiver hearing held in the above captioned causes on the 4th day of September 2007, before the Honorable Judith S. Proffitt, Judge and Special Judge of said Courts.

More comments can be found at the foot of this article, which was linked in my original post. One of them I feel is worth quoting:
The message that THIS proscecutor's office is sending, is the wrong one. If she(they) think that by giving this monster probation and registry, will encourage other molesters to turn themselves in...she is DEAD WRONG!

Promote your own agenda somewhere else, Prosecutor!

Judge Proffitt, please do not allow this plea! Please stand for the children. DO NOT allow them to be re-victimized.

The commentor is correct, we need to send a message to the prosecutor in this case, and to the judge- we can not sit back and do nothing while the fate of the victims is left in the hands of a prosecutor who clearly has walked away from her obligation to seek justice for the victims of this sexual deviant.

Please, take a moment to put pen to paper, or to pick up your phone and let the judge in this case, and the prosecutor know that this sort of plea deal does more harm than good= and that we as a society expect more from those we put in positions meant to bring justice to victims. It might not be your child this time, but with Nichols out walking around free- it could certainly be your child next time.

Judith S. Proffitt Judge
One Hamilton County Square #337
Noblesville, IN 46060 317-776-9635Phone:
Administrator: 317-776-8589

Prosecutor's Office:
Hamilton County Deputy Prosecutor Stephanie Smith
Phone: 317-776-8595,
Fax: 317-776-8469
Address: One Hamilton County Square Suite 134 Noblesville, IN 46060-2230

(Previous post on the case)