Birdsong’s first year criminal law class just finished studying about crime and punishment. Birdsong has now come upon a local crime story that begs the question: “Is this a case of too much punishment?”
The case was reported in the Orlando Sentinel and involves the sentencing,in Sanford, Florida, of 33 year old Kelly Lumadue. A Sanford jury had convicted her of having sex with a 5 year old boy. The judge in the case then sentenced her to life in prison without the possibility of parole!
During her trial the jury watched videotape of the sex acts, which happended twelve years ago when Lumadue lived in Longwood, Florida with her husband, a professional pornographer who recorded the seesion. The husband has since died.
Lumadue took the witness stand in her own defense and testified that she performed the sex acts under duress from her husband. She wasn’t arrested until 2003, seven years after the videotape was made, when a garbage collector found the tape at the curb outside Lumadues’s Volusia County home.
The tape was among a number of videotapes she had thrwon out.
Birdsong believes that child pornography is bad and that sex abuse of a 5 year old is reprehensible, but life in prison without the possibilty of parole is too harsh. A 40 year sentence would have been enough!
What do you students think?