Thursday, March 16, 2000
Judge's quoting Bible OK
Molester's sentence upheld
BY SPENCER HUNT
Enquirer Columbus Bureau
COLUMBUS — A Hamilton County judge did nothing wrong when she quoted the Bible before ordering a confessed child molester to spend 51 years in prison, the Ohio Supreme Court says.
The court ruled 7-0 Wednesday that Judge Melba Marsh did not break any rules when she sentenced James Arnett during a January 1998 hearing. Mr. Arnett had pleaded guilty to repeatedly raping an 8-year-old girl.
During the hearing, Judge Marsh mentioned the age of the victim, and she decided Mr. Arnett was a sexual predator. She then quoted from the Book of Matthew, verse 18:5-6, which reads:
“And whosoever shall receive one such child in my name, receiveth me. But whosoever shall offend one of these little ones which believe in me, it would be better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea.”
An appellate court ruled the sentence was based on religious convictions instead of the law and ordered a new hearing.
But the Supreme Court de cided the 51-year sentence was based on the victim's age and the Bible quote simply reflected that.
“The sentencing judge referred to a biblical verse containing the same general message explicitly recognized in (state law) — that offenses against children are especially serious,” wrote Justice Deborah L. Cook.
While Judge Marsh committed no judicial sin, the justices warned other courts not to interpret their ruling as “a license for sentencing judges to preach from the bench.”
A judge who uses the Bible or another religious text as the basis of a sentence could see it overturned as biased or prejudiced, wrote Justice Cook.
In Cincinnati, Judge Marsh said she was grateful, and a little relieved, that the Supreme Court upheld the sentence.
“I truly felt I was right the first time,” she said. “I am glad it is over.”
Judge Marsh said it was hard to decide how much prison time the crimes warranted. Although Mr. Arnett had victimized a child, defense witnesses had testified that Mr. Arnett was sexually abused as a child.
“This was a very difficult case,” she said.
Hamilton County Prosecutor Mike Allen said the Bible quotation “was completely appropriate. Judge Marsh was merely illustrating her decision.”
Mr. Arnett's attorney, Charles H. Bartlett, could not be reached Wednesday.
Students traveling abroad face danger
Slain women recalled fondly
Chickenpox vaccine may be required
Town's burden: A ton of troubles
Bill aims at war-era phone tax
Candidate admits smoking pot
Chesley to host Gore at fund-raiser
Friends of dead suspect criticize police
Judge's quoting Bible OK
UC students save teen from attacker
Advisory board for stadiums pursued
Blight fighters mired in indecision
Hotel tax authority passes
NKU funding clears House
Legislators from area split evenly on budget
Loveland couple join hajj pilgrims
Muslims celebrate ending of hajj
GET TO IT
Madcap puppets to bring kids' creations to life
Queen City's moments to shine reflected in book
Wedding gets green light for Irish fun
Mardi Gras: Everyone has an opinion
Former Red convicted of failing to pay support
Lebanon blocked in refund attempt
Mason whoops it up for team
Principal parts with his hair
Speedway may hire off-duty troopers
TRISTATE DIGEST
