ACLU barred from intervening in castration case

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ACLU barred from intervening in castration case 
Copyright © 1999 Nando Media
Copyright © 1999 Reuters News Service






LITTLE ROCK, Ark. (December 29, 1998 12:39 a.m. EST 
http://www.nandotimes.com) - An Arkansas judge who last month 
approved a convicted child molester's request to be castrated as 
part of a plea bargain, Monday barred the American Civil Liberties 
Union (ACLU) from intervening in the case to stop the operation. 

The case involves James Ray Stanley, 47, of Greenwood, Ark., who 
pleaded guilty to raping an 11-year-old boy while free on bond and 
awaiting trial for a previous charge of soliciting sex from a 
minor. 

Circuit Judge Dan Langston of Fort Smith approved Nov. 11 a plea 
bargain proposed by Stanley in which his 30-year prison sentence 
would be reduced to 20 years if he underwent surgical castration. 

The proposal brought strong protests from the local ACLU. 

"Castration is a completely illegal and unconstitutional sentence. 
It violates several different provisions of the U.S. and Arkansas 
Constitutions, as well as not being authorized by Arkansas law," 
said Jeff Rosenzweig, an ACLU attorney. 

Langston Monday refused to allow the ACLU to intervene in the case, 
ruling that it was not a party to the action. The ACLU said it 
would appeal the decision. 

Stanley's attorney, Mark Mobley of Russellville, said requesting 
the procedure was a lawful exercise of his client's rights and was 
within judicial authority. 

"To ask for treatment for his disease in addition to the punishment 
for his crimes is my client's constitutional right to life, liberty 
and the pursuit of happiness," Mobley said in an interview. 

"In a trial, a judge could not order it, a jury couldn't order it, 
and the reason is that it's forbidden by the Constitution," 
Rozenzweig countered. 

Rozenzweig noted that the Arkansas prison system, where Stanley is 
already serving his prison term, had declined to carry out the 
castration, citing a lack of facilities, personnel and a legal 
mandate. 

"If this is permitted to stand, then we'll have all sorts of other 
illegal sentences dreamed up by people who might not necessarily be 
agreed to by the defendants," Rozenzweig said.