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Bratt Man, 72, Appeals Life Sentence For Abusing 5-Year Old Girl
March 19, 2010
A 72-year old Bratt man sentenced to life in prison for sexually abusing a five-year old North Escambia girl is appealing his conviction.
Jody Posey received the life sentence in early February from Escambia County Circuit Court Judge Kenneth Williams after being convicted by an Escambia County jury on charges of lewd or lascivious molestation of a child under 12. He was arrested March 5, 2009, for fondling a five-year old girl at his residence at 7100 North Pine Road in Bratt between November 2007 and January 2009.
The child victim took the witness stand and testified about Posey touching her underneath her clothes as she sat on his lap. The most recent molestation reported by the five-year old was January 9, 2009. The girl told officials that Posey said she would go to jail if she told anyone about the incidents.
The State Attorney’s office also presented testimony from another girl who testified that she had been molested by Posey between 2001 and 2006 at his home. Posey faces additional charges of lewd or lascivious molestation in that case.
Posey has remained in the Escambia County Jail since his February conviction.
Comments
18 Responses to “Bratt Man, 72, Appeals Life Sentence For Abusing 5-Year Old Girl”
David Huie Green…I agree with most of what you said…However, Wikipedia is not a scholarly source and is not acceptable for research at most educational institutions. Anyone can write stuff on that website…I know nothing about Nuclear Physics, but I could go on there and write some things about it…most people don’t know this (but I know you do)…keep writing, I may not agree with everything you say, but love the “sharpening” of the conversations…
i pray the little girl will not remember this or let it affect her life as she gets older–thank God she told somebody!!
what do these old men get out of little girls i say lock them up 4 life think a about the child life u mess up u ought 2 be ashame of yourself
REGARDING:
“On what grounds or justification does Posey believe that he’s entitled to an appeal?”
The Constitution guarantees every citizen the right to appeal.
The best reason for an appeal is one most would accept, “Hey judge, I’m innocent and I can prove it.” A bunch of people have been released due to improved DNA testing which showed they did not do what they were convicted of. Others have simply had their guilt confirmed; even though they know they are guilty they appeal in hopes the evidence gets lost or tainted and then they can get off by not being able to challenge the evidence because it no longer exists.
From wikipedia: “An appeal as of right is one that is guaranteed by statute or some underlying constitutional or legal principle. ” There are other types of appeal too.
This means the result was reached by violating Constitutional rights. For example, evidence which should not have been admitted into trial violates due process (I think it is), a forced confession violates the right to not testify against ourselves, statements given after request for a lawer means they were deprived their right to legal representation. Confessions pulled out by torture violate Constitutional rights.
Inadequate counsel is a good one. It means, Yes I had a lawyer but he was too stupid or ignorant or apathetic to repersent my best interests.
and there is the excessive punishment appeal, “Yes, I did what I was accused of, but the punishment doesn’t fit my crime.” jaywalking getting a ten year sentence for example, spitting in public getting a hundred thousand dollar fine. You get the idea.
Another form of appeal is, “Yes, I did what you say and the punishment was just but please reduce my sentence or throw out my conviction because…” age, disability, hardship to family. Roman Polanski has been using a variation of this one when he says, “Hey man, I’m a great film director and even though I admitted I had sex with a 12 year old after giving her some booze and drugs, she liked it and I skipped out and it was a long time ago and you should just forget the whole thing and I’m famous and did I mention I’m a great film director????” He even has supporters, somehow.
And then there is the Presidential appeal, “Hey Prez, remember me? I donated ten million dollars to your party. Now’s the time to show your appreciation by throwing out my conviction.” This isn’t usually effective but President Clinton is accused of having granted an appeal for a pardon for such reasons.
Just because folks appeal–or ask–doesn’t mean they’ll get what they wanted, just that they want something different for themselves.
These type people don’t ever change, so please keep him locked up so he can’t hurt anymore innocent children…
he does not deserve to see day light.
he needs to rot in prison
BrewtonGirl-I respectfully disagree about the torture suggestion. Are we to be as bad as those we despise, or are we to be an example of the best we would aspire to be?
It’s been proven that these people don’t change even with all kind of phycological help – murderers can change but not sex offenders….I’m so glad to see Escambia County leading the way with just punishment for this type of crime.
I pray county money dosen’t have to be wasted with an appeal.
I agree that “APPEAL DENIED” should be Judge Williams answer to this man who has been found guilty of harming children who cannot defend themselves.
This is absolutly horrible!!!This guy should be tortured for the rest of his life!!!!!
I’m not surprised the courts are doing this. they need to do what we did back in the days and this crap would stop! that sick perv needs to suffer!
While his appeal may be a constitutional and a procedural right, I hope it leads to one statement by the judges: “Appeal denied.”
What a joke, Jody did those disgusting things and he knew it was wrong each and every time! . His poor family will suffer MORE because of this but it is obvious he looks out for himself and himself alone. God help him.
This is moribd, absolutley horrible. What kind of person would do these types of things? He should be punished severely for what he did to these poor girls. Because they will have to deal with this for the rest of there lives. The girls will most definitely be in my prayers.
Better than that…I can’t believe this perv is going to put his family through additional legal battles…talkin’ about lookin’ out for #1…what a sick man!!
I strongly agree with oversight, this man should be punished for his crimes. I cannot even believe that the courts would even think about giving him an appeal…
On what grounds or justification does Posey believe that he’s entitled to an appeal? I’d like to read that motion.