The final sentencing for Ingmar Guandique was issued today. He is was convicted of killing Chandra Levy and sentenced to 60 years in prison. Good, evil doers should be dealt with especially when they've done evil.
Which he did, right?
I dunno. The evidence was sketchy at best. He was convicted based on two main criteria:
- He told an inmate that he killed her.
- He raped two women in the park where Chandra's body was found.
Wait, what?
Actual testimony stated that Ingmar told another inmate that he killed Chandra while trying to rob her. He was also afraid of violence against rapists in the prison. He was in prison for raping two women in the same park where they found Chandra. There is no DNA evidence, the polygraph was inconclusive and that's it. He's in for 60 years.
But the jury...the judge...?
In civil cases plaintiffs prove their point by a "preponderance of the evidence," that is they win if it is more likely than not. This is not a civil case, it's criminal. The standard for criminal cases is "beyond a shadow of doubt" or in other words if you doubt the evidence the criminal doesn't get convicted.
Ok...
When OJ Simpson was brought to trial the preponderance of the evidence pointed toward him killing his wife which was good enough for civil court (where he lost). In his criminal trial when all the facts were submitted there was enough doubt as to his guilt that he was found not guilty.
So what?
In this case the evidence against Ingmar is so circumstantial there can be nothing but doubt. This isn't a shadow of doubt this is an entire eclipse of doubt. No fingerprints, no DNA, no witnesses, no admission of guilt, no information pointing toward the incident at all except for one inmates testimony of what Ingmar said and that he has a history of violence. How many other people fit this profile? How many of them will be getting 60 years in jail?
Ack.
Ack is right. This is a major failure in our justice system. I am rather conservative when it comes to jailing folks who have done something wrong, but if you can't prove it, they didn't do it and that's it. I'm sad she's dead. She was two years behind me at Davis High. This is a sad way to remember the girl who wanted to get into government by falsely imprisoning an immigrant.
Be just.
