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Court Tosses Life Sentence For Bratt Child Molester
September 1, 2011
A state appeals court has tossed out a life sentence handed down to a 73-year old Bratt man convicted of molesting a five-year old North Escambia girl.
Jody Posey received the life sentence in early 2010 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.
The Florida First District Court of Appeals found that the life sentence handed down by Judge Williams was improper and sent the case back to Escambia County Circuit Court for resentencing before a different judge. In quashing the life sentence, the District Court of Appeals found it violated the precedent set forth by another case in which the judge erred by appearing to punish the defendant for failure to show remorse for a crime in which he denied involvement.
Posey’s conviction stands; he will appear before Judge Michael Allen for resentencing on September 9.
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.
Posey was also convicted of molesting another girl at his home between 2001 and 2006. He was sentenced to five years in state prison on those charges. His appeal on that conviction was dismissed by the appellate court.
Posey is being held in the Escambia County Jail awaiting his resentencing.
Comments
26 Responses to “Court Tosses Life Sentence For Bratt Child Molester”
Well, people say they want the death sentence for these sick non-humans…..well we have to change the laws if thats what u really want…make it happen and stop talkimg about it…..and lets pray for the litlle children, it’s happening now as you read these comments all over this country….evil is everywhere.
It’s already been proven that a sexual offender CANNOT be rehabd. I vote for the death penalty!!!
I agreee with RetiredLeo….and from my work experience, these men will NEVER stop. They know its wrong and keep doing it. Their need for satisfaction will outweigh any morals about touching an innocent child. I think the life sentence should have stuck, so, to Judge Williams…so sorry it was overturned. But, Judge Allen is no picnic…he is an extremely fair Judge and will do the right thing. I have worked with him before and know that he is very fair to people if there is a chance they can do better, but he will never substitute leniancy for justice. So, I have no concerns this man will still die in prison where he belongs.
I cannot judge this man. But GOD will.
Bless this little girl for being strong and honest, it took alot to sit up there and tell what happen. For this man, I sit here and really looked at your picture, the evil in your eyes, you knew what you were doing. Your time is coming, in jail and in hell. Enjoy it , you deserve worse….
If I understand the law correctly, the minimum is 25 years for the molestation. As mentioned by other readers, he will die in prison.
All state prisoners in Florida must serve a minimum of 85% of their sentence in prison, the remainder on probation(parole). If he has five years on the other charge, he will have to serve about 4 years and two months before he can begin to serve any of the time given by the resentencing. For the second offence the time is always more, usually much more (repeat offender). A child molester is not popular in prison. He’s 73? He will die in prison, where he belongs.
String him up!!!
It isn’t a matter of showing remorse or not – anybody can fake an “I’m sorry”…. it’s the fact this slimeball has been convicted twice for molesting kids. They have a life sentence, but he doesn’t. Hopefully the judge will do as molino jim says and give him 20yrs no parole.
And I don’t know whether to laugh or be concerned so many people would rather bash ??? for asking a question than to express concern about this creep getting 2nd consideration!
Repeat Child molesters gets time cut. Sale drugs get put away for life! Something is wrong with the system!
Another innocent child messed up cause of some sick twisted old fart…..omg this totally makes me sick and also our disgracing legal system….thats y b im going to vote on who is going 2 b elected as curcuit judges when relection come up……totally sickens me..@ the parents of the child i really think shes very brave and courageous 4 testifying…..ur special!
I wish they would uphold the original life sentence. After all, if he shows NO remorse he probably wouldn’t have a problem committing the same crime against another child were he to ever be free again.
ANYONE who brings harm to a child in such a deviant, perverted, twisted way deserves to die. Forget life in prison at the tax payers expense.
Yes he deserves to be in jail, however how many of you would like to be a sentenced to be handed down by a judge just because you show no remorse. Remorseful or not is not a guideline that a judge is supposed to use when sentencing someone. Personal feelings should never enter into the sentencing, that is why there are sentencing guidelines set up for the severity of the crime.
No he won’t go free. If you read the article it clearly states that the conviction is upheld but he has to be re-sentenced.
someone just got LIFE for robbing a Tom Thumb, but molest a CHILD, a FIVE YEAR OLD INNOCENT CHILD!! not to mention, it’s not the first time this piece of worthless human crap has taken the innocence of a child, and they have to take another look over the charges? This man should not live to breathe another day, let alone waste all of this money to get him a lesser sentence because an err….the ERR was when you molested those children, sir! DEATH should be penalty for any such crime, ESPECIALLY SO when we are talking about the lives of children. I would have no problem throwing the switch on this one.
No, it says the conviction stands and he has to be resentenced.
He hasn’t gone free—all Judge Allen needs to do is give him 20 years and should die locked up.
To ???
What part of “resentencing” did you not understand?
???: How about reading the article before making comments. He’s going t be resentenced by a different judge.
His life is almost over anyway…He deserves to end it in jail!!! Poor girl will be messed up forever now..PLZ GET HER SOME HELP NOW!! Before its too late….God bless her for being strong & getting on the stand & reliving the expierence AGAIN!
@???
No he is not free.
“Posey’s conviction stands; he will appear before Judge Michael Allen for resentencing on September 9.”
He will have to stay behind bard until his new sentence is handed down.
Euthanize! and allow Mr Posey to decend down to his master. If you dont have the stoumach for it, move out of the way.
Wow!Way to go legal system! I am so glad this man will do 5 years and probably only serve 2! Maybe the next time he offends,it won’t be up to an AppealsCourt! Maybe he’ll get some good old vigilante justice! It’s cheaper than having to house and feed him in prison!
In our world today, the molester has more rights than the child victim. what are our courts telling these victims when the molester is able to have his sentence thrown out because he got to much time??????? The children have to live with this everyday for the rest of their lives, let the molester do the same.
So what he goes free because of a technicality???? What about the little girl???????
:/