[net.motss] Regarding the service of justice

peterson@vaxwrk.DEC (Bob Peterson) (12/16/85)

Because he's older he gets the heavier punishment?  I thought this might be
useful for drawing comaprisons with the Toronto bashing-murder.  Quoted in full
from AP newswire without permission.  (Note: I do not condone the actions
Gilbert has been charged with).

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Associated Press Fri 13-DEC-1985 07:23                Transvestite Babysitter

   Jury Gives Transvestite Babysitter Life Sentence
Eds: Note contents.
   DALLAS (AP) - Jurors wept after deliberating less than an hour
and recommending a life sentence for a man who posed as a woman
babysitter and fatally scalded a 4-month-old boy.
   Richard Arthur Gilbert, a 29-year-old transvestite, said he
accidentally spilled hot water on the child, who later died of the
injuries. Convicted of injury to a child on Wednesday, he also was
fined $10,000 in addition to the life sentence imposed Thursday.
   Jurors wept with Vera and Andrew Baker, the parents of the
child, as the punishment was announced. The Bakers have declined to
comment on the trial's outcome.
   A finding by jurors and State District Judge Jack Hampton that a
deadly weapon - the scalding water - was used in the crime mandates
that Gilbert serve at least 20 years of the sentence, prosecutor
Rider Scott said.
   ``I think it was an expression of the community outrage - that a
person like this could prey on the community,'' said Scott.  [[What about boys
like in Canada, or their role models who incite homophobia? \bob]]
   Gilbert's attorney, Russ Henrichs, said he would appeal.
   Gilbert testified Wednesday that the scalding was not
intentional, and said, sobbing, that he was ``hysterical'' after
the child was hurt in the Sept. 26 incident.
   But prosecutors relied on the testimony of three doctors who
said forced-immersion burns, such as those on the Baker baby, look
different from those of accidental splash burns.
   Scott, in his final argument, suggested that the scalding may
have been prompted by Gilbert's desire to conceal another injury to
the child.
   Gilbert has been indicted in a separate case on charges that he
sexually assaulted a 2-year-old boy while babysitting in East
Dallas.
   Investigators said Gilbert identified himself as ``Jean
Gilbert'' and posed as a woman throughout the three months he
worked for the Bakers.
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