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July 18, 2009

Barrett GUILTY in Girl Scout murder

Posted: 02:46 PM ET

NASHVILLE, Tennessee–More than three decades after Marcia Trimble disappeared while delivering Girl Scout cookies, Jerome Barrett was convicted of second-degree murder Saturday by a Nashville jury.

Jerome Barrett listens as jury delivers guilty verdict

The unsolved killing of nine-year-old Trimble – who mysteriously vanished in February 1975, only to be found dead 33 days later – haunted an entire generation of Nashville citizens.

After finding Barrett guilty of two counts of murder, jurors then set punishment at 44 years in prison. The panel deliberated for eight and a half hours over two days before reaching their verdict Saturday morning.

Watch In Session's complete verdict coverage Monday beginning at 9 a.m.

–Michael Christian, senior field producer

Filed under: Uncategorized


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lisa   July 18th, 2009 6:49 pm ET

im not sure they caught the right man......maybe the family needed clouseure that bad-it didnt matter who was found guilty

Dowmom   July 18th, 2009 7:06 pm ET

Glad to hear they reached a verdict. Have watched the coverage all week. Can't wait to hear the coverage on Monday.

Kathie   July 18th, 2009 7:46 pm ET

44 years is not nearly enough. This predator has had 30+ years to live his life. These kidnapper/murderers should never see the light of day again!

Shari   July 18th, 2009 7:56 pm ET

I hope the mother can finally find some closure my heat aches for her

James Christensen   July 18th, 2009 8:39 pm ET

If he did this terrible thing or not, I do not know. Whoever did will answer to a higher court someday.

Rest in peace Marcia & God bless and keep the Trimble family in their times of despair and need.

Pastor James C.

kmt   July 18th, 2009 9:41 pm ET

I was a young boy in nashville at the time...my older brother had a car like the cops were looking for...obviously it wasnt him but the entire city was terrorized over marcia trimble...i'm glad we have some closure over this...i've thought about that little girl from time to time...glad justice was done for her...may she rest in peace...

Mike   July 18th, 2009 11:11 pm ET

This man is right where he belongs. It's a shame the jury didn't know of his prior conviction of the rape and murder around the same time this young girl went missing..Hopefully the Tn. Justice system doesn't allow this sick Individual to walk the streets anmore

Mike
Ga.

EMMA   July 19th, 2009 12:01 am ET

You can run, but you can't hide...FINALLY some justice for the family of Marcia Trimble

Dawn   July 19th, 2009 12:22 am ET

guilty, doesn't matter if no one saw a black man around the scene this child was near. What matters is that they didn't assume it had to be a black man on racists jump to conclusion, they used the semen found on this little girs clothes to convict this murderer. There was no way his semen should have been on this childs close ever!!!!!!!

Lola Jenkins   July 19th, 2009 12:33 am ET

May this man rot in hell.

Tom Hartman   July 19th, 2009 1:34 am ET

44 years for murder? Aren't there drug dealers doing that much time?

Unreal.

TH

john titor   July 19th, 2009 3:22 am ET

wow she would be 43 now talk about taking some time to solve this

Mike   July 19th, 2009 8:07 am ET

Wow. 44 Years for taking a little girl's life. The taking of a human life is "forever", "permanent". Sad.

Sarah   July 19th, 2009 8:28 am ET

Murderers should always face life sentences. It's because they are freed after, say, 44 years of holding a grudge that they are much more likely to strike again.

jim   July 19th, 2009 9:01 am ET

on 2nd thought, ,,
why did the jury go for 2nd degree
and not 1st degree
i think the jury was not sure he was guilty,
the mothers testomony had a lot to do with the verdict ,, jim

Valerie   July 19th, 2009 9:12 am ET

Bravo better late then never. May the family now have closure. But I advocate Death for Death. 44 yrs isn't enough.

me   July 19th, 2009 9:46 am ET

shouldn't he get LIFE in prision? he's already been free for 34 years!

jerry in indiana   July 19th, 2009 2:02 pm ET

Having followed this trial closely it's clear that there were more persons involved. I hope that now that the defendent is facing prison as a child rapist/murderer he will spill his guts on the other(s) involved in exchange for solitary confinement away from those inmates who will quickly inflict their brand of punishment...this child needs justice be done to all involved in her murder.

Greg   July 19th, 2009 2:27 pm ET

If the murder of an innocent 9 year-old Girl Scout delivering cookies doesn't qualify for the death penalty (or at least life without parole) then what does? I hope he gets what he really deserves in prison.

lazer007   July 19th, 2009 2:56 pm ET

captol death would be better he wont live if the gangs find out he killed a kid.

warren   July 19th, 2009 4:29 pm ET

the proof is in the pudding

Diana06   July 19th, 2009 7:16 pm ET

It's always a shame when someone gets to be free so long before finally paying for their crime – a lifetime of living that the victim didn't have, especially when the victim is a child. Heartbreaking.

Jeff in Sims, NC   July 19th, 2009 7:20 pm ET

Why is the sentence only 44 years?

JR   July 19th, 2009 7:32 pm ET

Anyone that murders a child should forfeit their life.

Regina A. Maraist   July 19th, 2009 7:42 pm ET

I'm not convinced that Jerome Barrett committed this murder becayse of so many unanswered questions. I have thought about it a lot, and my feeling is that the authorities wanted to bring closure to this unfortunate murder of a little girl. I also believe there is someone walking around who has gotten away with murder, and I firmly believe the perpetrator is someone she and the family knew...someone she trusted who lured her into the garage. I'm sure the jury followed their consciences, and now the family can put it to rest although they have lost their little girl forever. It is such a heartbreaking thing.

joanie   July 19th, 2009 10:05 pm ET

Let's do the math. Little girl dead for 30 years. Delivering Girl Scout cookies. He only gets 44 years? And second degree? I'm no lawyer but what makes this second degree? He murdered a nine year old. Life without parole. Period. When are we going to start being outraged by the blood of innocents? Never? For the love of God where is justice!!

Mary   July 19th, 2009 11:54 pm ET

I too was a Girl Scout, living in the area when this happened. I think for me it was the first of a lifetime of learning about the preciousness and tenuousness of life. I pray this somehow brings some peace to her family.

Lonnie   July 20th, 2009 1:42 am ET

He didn't get long enough!

Tiffany   July 20th, 2009 5:25 am ET

They call that justice? A man killed a young girl, took her life, her future yet to be lived out, and he gets a sorry 44 years. He's a sick evil no-body and I feel sentenceing him to a measely 44 years is an insult to the innocent youth he murdered and her family. May he rott in Hell!!!!

Carolyn   July 20th, 2009 8:34 am ET

I left Nashville more than 10 years ago but being that I was born and raised there, I keenly remember how this effected all of us. We no longer felt safe and our lives were changed forever. I never thought that this case would be solved and all that is left to say is that now maybe Marcia can rest in peace.

Andrew   July 20th, 2009 9:35 am ET

I think this man is guilty, he has guilty written all over him. You can not kill a little girl, even worse when they are trying to sell girl scout cookies! That is just horrible, and down right wrong to kill anyone! They made the right decession on this trial, and what would the word 'closure' mean, I agree with the man in the beard, the host( sorry for not knowing his name, I am new to the show. )

From,
Andrew

Melissa McFarland   July 20th, 2009 10:04 am ET

I was a child from Nashville when this happened. It really changed the way we (children) were given freedom. Playing outside, riding bikes, etc, were stripped. Our parents became fearful that we would disappear like Marsha. It seems like yesterday that they announced she had been found in a garage. It was stunning to everyone. Innocence was lost.....

Lori Anderson   July 20th, 2009 10:30 am ET

That poor little girl finally got her justice! I hope that creep dies in prison. I was once a girl scout myself, and I always had someone with me when I delievered cookies. Someone should've went with her to make sure nothing happened, but you don't always know who may be lurking around in the neighborhood. May she finally rest in peace.

gary wood   July 20th, 2009 10:56 am ET

the DNA on the blouse was it , mr. Barrett is guilty

paula   July 20th, 2009 11:19 am ET

I had the opportunity to watch some of this trial. My heart goes out to the Trimble family and I am glad they finally can put a period at the end of this sentence. I have watched Mrs. Trimble in interviews after the trial and with In Session and I must say I have never seen a more composed woman in quite a while. She reminded of Mrs. Moxley out of MA during and after the murder trial of her daughter Martha. I know it's been over 30 yrs since the crime but I'm sure the pain is just as bad today as it was then. I like Ron Kuby hate the word "closure" because it does not bring back the loved one that has been lost. Hopefully acceptance will be a little easier now that a conviction has been reached in this case.

carmen   July 20th, 2009 11:36 am ET

what gives him the right to live when he took a childs life? i think he shoud be put to death after he tells that girls poor mother when where and why.i wish that young ladys mother all the love and respect she has comming to her.

Mitch   July 20th, 2009 11:49 am ET

Well worth the trouble, to get some kind of justice for this poor little child. And to send a message to the guilty who have not yet been found: We may not be able to catch and convict all of you, but youve already been sentenced to a pathetic, hunted existance

Cindi   July 20th, 2009 11:51 am ET

I think the verdict was correct. I believe the jury took their time and made sure that they thought their decision through. I'm so glad that Marcia's mother finally is able to have the "closure" that she deserves.

Gina Neely   July 20th, 2009 12:15 pm ET

I am so relieved that Marcia Trimble's mother finally got closure to this devastating tragedy. I can relate to what she and her daughter went through. When I was 10 years old, I was walking through my neighborhood and was knocking on doors attempting to sell girl scout cookies.

An incident happened to me that almost scared me to death. I knocked on an apartment door, and 5 big teenagers opened the door. They pretended that they wanted to buy cookies from me when all of the sudden, they grabbed me, grabbed my cookies, and money and ran. They even tried to lure me into their apartment to talk with their mother, although, I never saw their mom inside their apartment. Luckily, that was all that they did.

I feel so sorry for what Marcia went through on that day. I know that Marcia is in heaven.

I am so proud of Marcia's mother. She has shown so much love and forgiveness for Jerome Barrett. Her display of true Christian love will reverberate throughout America.

Joyce E Neal   July 20th, 2009 12:16 pm ET

There are still questions – 1) How did the Marcia's body end up in the garage that had been searched?; 2) How did a Black man go unnoticed in an all White neighborhood?; Barrett did have something to do with this murder, but until those questions are answered, there will always be the thought that he did not act alone.

curious   July 20th, 2009 12:17 pm ET

Can you ask General Thurman who the 3rd person was that day she disappeared and if they were involved?

Klaatu   July 20th, 2009 12:28 pm ET

this is sooo agravating...he was a neighbor...when are the cops going to get smart and realize that very few women and children are murdered by "strangers",,,,its usually someone that sees us in the neighborhood, lives close .....etc

Robert   July 20th, 2009 1:05 pm ET

This guy will get his due when in prison. The prison population has no use for an individual who does this kind of things to children. He should be very afraid for his own life in prison.

angel   July 20th, 2009 1:11 pm ET

If they did DNA, he's sure is guilty. Let him rot, and get whats coming to him. Lets hope the justice system is correct we do not want an innocent man accused .

Stephen Peter Evans   July 20th, 2009 1:36 pm ET

As far as ytour experts comment about the possibility of Barret having forgotten his actions on the day the girl disappeared... I very much doubt that if you had been wrongly accused of a murder, that you would ever forget the events of that day. I would think you would that over and over in your mind looking for an event to exonerate yourself. Let's get real. Hind sight is 20-20 vision, you can slice, dice and pick apart every aspect of the trial after the fact. It is much easier to find fault and flaws after all is said and done. As far as the DNA having gotten on the girl's clothing by some means other than forced sex, exactly how did that happen? Let's hear a sceanario not just post game conjecture.

JoyLyn   July 20th, 2009 1:37 pm ET

There are so many unanswered questions for me. But, ultimately, I feel he is guilty. I would like to know why 2nd degree murder though.

Sherry   July 20th, 2009 1:46 pm ET

Barrett's DNA found on Marsha Tremble wasn't just any kind of DNA....it was DNA from seminal fluid.....not DNA from casual contact. I would like to hear the defense attorney explain away that fact.

Lisa   July 20th, 2009 1:56 pm ET

I don't think he's guilty. Who does the other DNA belong too?
And Marica Trimble laid there in the neighbors garage for that long without anyone seeing her? Job well done on searching for her – NOT!

Danielle   July 20th, 2009 2:23 pm ET

How did the Marcia’s body end up in the garage that had been searched?... Now if the have DNA for sure this sick monster is guilty....I hope some of his cell mates leave some DNA on him.
I have a daughter and I will be sooooo sad that this monster got only 44 years of not paying rent, free gym, free food, free of bills...ohhh, where is the justice for this little girl whom is never going to get married or have a normal life but in the mean time just because some other case linked him to this case too??? give me a break, why are we paying taxes, who is training the people who supposed to protect us people???

Cindi   July 20th, 2009 2:52 pm ET

I finally got one of my questions answered. As sick as it is, Marcia's body was placed under a bag of manure which not only prevented the scent dogs from detecting Marcia but masked the odor from anyone going into the garage after she was placed there.
Also, the reason why Barret only got 44 years is because the justice system requires the legal standard to be used that was in place at the time the act occurred.
Too bad they didn't have the death penalty.
God Bless you Ms. Trimble and may Marcia rest in peace.

sybil lheureux   July 20th, 2009 3:52 pm ET

It was hard to piece together all the happenings this monster did during those few months in 1975. Rape, attempted rape, murder, not once but TWICE. And who knows what went unreported by terified women. He defenitely needed the death penalty twice, for both murders and rape. I think the courts and juries are forgetting the victims who cannot speak and tell you the horrible way they died.

Vicki   July 20th, 2009 4:11 pm ET

The difference between first and second degree murder is the factor of premeditation. In first degree murder, evidence proves the suspect planned to kill in advance. Second or third degree indicate a person died as the result of an unplanned event. In crimes where there are multiple crimes (kidnapping, murder, rape, etc.), the suspect may have intended on kidnapping and perhaps raping the victim, but not killing. I am not familiar with this case so I cannot speculate, just trying to provide clarity as several have questioned why the death penalty or a harsher (verdict and) sentence wasn't imposed. The courts have to match crimes with the punishment currently in effect in their laws. Protests of said laws is what makes change.

Steve   July 20th, 2009 4:13 pm ET

Wow, so many blood-thirsty posters here. That attitude surprises me, it really does. I guess nobody really believes in rehabilitation anymore.

ginger315   July 20th, 2009 6:03 pm ET

The death penalty was not an option because it wasn't premediated...he didn't stalk her, he just "came upon' the little. As for me, I don't give a rat's ass about stalking or not, he should fry as well as anybody else who takes a life on purpose.

Allen B.   July 21st, 2009 12:22 am ET

I cannot believe some of the comments posted?. The man's DNA was found on the little girls body...no other way it could get there. Don't make this a racial issue, he is guilty plain and simple.

leon   July 21st, 2009 2:16 am ET

I realize most of you are idiots and don't know much about the case. There's no way he did this but because of his past they penned this on him. The D.A left out the fact that they did have a D.N.A profile on the semen within the vagina of the girl but it did not match the profile of the suspect and they never could find the person to whom it matched so they didn't talk about it. Lie number one. After the case was over the D.A. lied and said that the Defense tested the blouse which in Fact the Judge didn't allow the Defense to do their own testing of the blouse. Lie number two. The body was not overlooked it was placed there by one of the kid's parents in the neighborhood. Mrs. Trimble is right to want to know the truth because she knows that this whole thing doesn't add up and that's because he didn't do it.

gayle   July 21st, 2009 9:28 am ET

I want to believe they got the murderer!!!!! At least the family has some closer now. Like I said. I really want to believe they got the murferer.

Jim M.   July 21st, 2009 10:33 am ET

People wish he had gotten life. To a man that is 62 years old, 44 years is life. He is already serving a life sentence for another murder.

Willy-o   July 21st, 2009 5:11 pm ET

watched some of the coverage – the DNA evidence raised some questions : type of test conducted, expired test-kit, etc. Hope the jury got it right – I was 9, lived 30 miles away and have never forgotten that little girl. May she rest in peace.

Brian, Detroit, MI   July 21st, 2009 7:17 pm ET

LEON??? Are you still an O.J. supporter? No, he didn't kill his ex-wife because his lawyer rhymed his closing statements. Ohh, I forgot, the cop did it just to frame O.J.. But Jonny Cochran said "If the glove don't fit you must aquit." Even a glove that had been shrunk by water damage? Yah, put LATEX gloves on and see if this fits. Anyone who could make up a rhyme like that about tainted evidence, must be right.

Did they even collect untainted DNA evidence in the '70s? Did they know how? I'm guessing they did not. So they did not have a perfect sample. Aah, but did his defense lawyer rhyme his closing statement? No, I guess that is why he was found guilty.

Barry Bates   July 21st, 2009 8:15 pm ET

Lisa Sweetingham did a great job on the Girl scout cookie case.

But I'm worried cause I haven't seen Beth Karas in a while. Hope she 's still working for you guys.

She's the BEST...

suzan   July 21st, 2009 10:16 pm ET

aloha- the trial of jerome barrett should had never gone to court at all in front of this judge and this district attorney and this jury. this happending 33 year ago in 1975.this was marica parents fault for not going out w/ her daughter to help sell the girl's scout cookies at all. the next bad mistake that marica mom did wrong was what was she doing as a mom when she came home from work every night?parents should take full responsible for what their kids do just like this not to send their kids out by themselves and knocking on stranger doors w/ out an adult w/ their kids.blame the blame game on somone else 33 year latter. but the police did a dumb job 33 years ago.as for the jail informant he is a lyer for an illegal immergant.

trouble   July 22nd, 2009 11:00 am ET

Since I have to work, I rely on this In Session site to keep updated. Is this still a valid website seems your last posting was Saturday. Please advise.

chris   July 22nd, 2009 11:41 am ET

wow, i think it's funny how some people who don't commit crimes like rape, and murder and still get life but pigs like these get only sentences of 44 years. That just says a lot about the "justice system" in this country because I'm pretty sure if it would have been another country they would have gotten a more harsher sentence.

Susan   July 22nd, 2009 6:31 pm ET

I grew up in the same area of Nashville as Marcia Trimble. I was in my first year of college in another state when she was killed, but I still could have told you her name and the impact her murder had on the community. I "happened" upon the trial on TV, and immediately called my parents, who still live in Nashville. But they would not watch. They said it was still too painful to think about.
Virginia Trimble's calm and heartfelt statements after the verdict were so moving. She talked about how God had sustained her through all the years, how Marcia had given her life to Christ in the months before she was murdered. She showed the picture of the 3 crosses on the hill that Marcia had drawn shortly before the murder. She said she knows where Marcia is, the REAL Marcia, and she knows she will see her again. One of the reporters asked her what the crosses meant, and she shared the Gospel on national TV for several minutes before the network went to commercial. These were some of the most poignant moments I have ever seen on TV.
Bad things do happen to good people in this world, but God rights everything in eternity, and, when you think about it, that's a very long time. I am reminded of the book The Shack. The circumstances of the murder are very similiar to Marcia's. The rest of the book is the victim's father wrestling with God and trying to come to terms with what happened to his little girl.

MS. Kristi   July 23rd, 2009 11:55 pm ET

Ohe yea and let me clarify something real quick!
There was something said about d.n.a? Who is to say since the family needed closure sooooooo bad? That the police didn't plant it!
But.............................. if he issssssssssssss guilty? I hope he rotts in prison for the rest of his life and all of eternity in hell!
I don't believe in the death penalty............. ONLY GOD CAN TAKE OUR LIVES..............SINCE HE WAS THE ONE WHO GAVE IT TO US!

glsmothers   July 24th, 2009 9:04 am ET

I was born here in Nashville that DA
I not to sure bout him that Mr.Thurman
he worked anotha case the Adrian Dickens case.
A witness in the case did a enter view with a local
TV station.He said that Mr.Thurman the DA
told him to lie and say he was with the killers
when in fact he was locked up in juvi.at da time
and yes it was confirmed that he was lock'd up .
and that dna on little Marcia's shirt,its been 35 years
seems to be a bit tainted, 2nd degree murder either he did this or he did'nt?
Green Hills you still dont see to many Black people in that neighborhood now and if you do they got Money ,so just thank back in
the 70 i dont thank so.They still fell to explain the 2nd dna and how a black man made it in and out of this white neighborhood and NO BODY seen this man. TO MANY ON ANSWERD QUESTIONS, NOT GUILTY

Willy-o   July 24th, 2009 1:53 pm ET

the mother's fault ? that is the most ignorant, cold position you could possibly take. this was during another era and things like this just didn't happen in those days here in middle tennessee. there might be some truth in today's society, but even then to blame the mom....

jim   July 24th, 2009 6:59 pm ET

Why is it if we are no happy with an out come to a court case black or white its alway racial ?

wakeman   July 27th, 2009 3:02 pm ET

he's probably getting 44 years because of his age. i dont know how old he is but if he was 20 at the time of the killing he would have to be at least 50 by now. 44 years probably is a life sentance to this man.

misty   July 27th, 2009 5:51 pm ET

I have a 13 year old who use to be in the girl scouts. and i cannot imagine what i would do if this would of happened to my family my heart goes out to the family and will be praying for you all

rlhen   July 28th, 2009 8:18 am ET

It is good that the family has some measure of closure. Perhaps this case can bring newfound attention to another grisly crime involving girl scouts. In 1977 three girl scouts were sexually assaulted and murdered on the first night of a two week camp in Locust Grove, OK. There was only one suspect in the case, an escaped convict who had done time for rape, but he was acquitted at trial. The case is unsolved.

LauraJ   July 28th, 2009 8:27 am ET

He is 62 years old-They always say you can run but you can not hide–the police & all law enforcement did a great job in closing this cold case.Peace to the family of the little girl.

Debbie   July 28th, 2009 9:19 am ET

44 years?? Thats all???? Definitely not long enough. He wont' last in jail, inmates do not tolerate child killers. He will get his due.

R. Gordon, Brunswick, Georgia   July 28th, 2009 2:48 pm ET

What an appalling case! How very, very sad –a little girl delivering or taking orders for cookies. How many times did we do that in our lives when we were that age! Our society has changed so much, I won't even walk my dog after dark (and I live in a fairly small town).
But what saddens me the most is these people all have past crimminal records and we are letting many of them go free because our jails are so crowded–thus giving them the chance to steal, murder, rape or whatever again so that it takes another 20 years to catch up with them.
There must be a better solution or way to deal with crimminals. I remember a policeman in France said: "You have too much freedom in your country (USA). In France, if you're anywhere NEAR a crime scene, you're in trouble".
Just like disciplining children, some harshness is often necessary.

rlhen   July 28th, 2009 3:26 pm ET

Unfortunately, Gordon, this is very much the case in America as well. If you're a minority and anywhere NEAR a crime scene, you're in trouble.

jerrie   July 30th, 2009 1:29 am ET

Once again. an all white jury. All the white people in the neighborhood and they still put it on a Black man. The semen was transfer from another case. It is so outrageous. A Black man in a home occupied by a white family, goes in and kills and little girl, removes her body and then returns it to the garage. The first time they checked the garage her body was not there. So, give me a break. Every person Black and white knew that the all white jury would fine that Black man quilty. It was never proven he was anywhere near the crime scene.

Sandi   July 31st, 2009 4:34 pm ET

i agree the mother & father should take a real hard look at themselves because no matter what year it happened, no mother or father in their right mind would allow their child boy or girl knock on doors selling anything, this child was only nine. You don't know who is home and what they are doing when a child knocks on the door, easy prey! Is my remark cold? Yes, it was meant to be. Maybe some young parents will read it and take notice to what they allow their young children to do alone!!!!!!!!!

Sydney   July 31st, 2009 6:38 pm ET

Mr. Barrett was found guilty of killing a 9 year old selling Girl scout cookies and 44 years 2nd degree murder. The DNA on the blouse of Marcia Trimble was it, Mr. Barrett is guilty. This isn't a racial thing DNA confirmed this. Minority isn't the issue it's about a crime that was commited.

Sydney in Juneau, AK   July 31st, 2009 6:57 pm ET

I am a minority this case caused fear here in Alaska as we have sexual preditors here. My heart goes out to Marcia Trimble family.

Mike   July 31st, 2009 8:07 pm ET

God bless you Marcia, you can finally rest where you are. May peace come upon your Mother, family, friends and your once loved community.

captial punishment101   August 4th, 2009 12:03 pm ET

look i'm sorry if people think this is wrong, but capital punishment is definitely a requirement in this country, what could a 9 year old possible do to deserve the fate she was given? If you commit a crime you should have to go through the EXACT experience that you put your victim through. the only unfortunate part is no decent human being could ever do what the pigs have done and so the idea would never work. i just hope that god doesnt forgive people as easily as one believes because some actions can never be forgiven

An American for Justice   August 5th, 2009 8:22 am ET

Generally, 1st degree murder (Capitol Murder) requires several elements to be factual before a conviction can be reached on it, and one of those facts is premeditation. Meaning 1) it was planned before hand, and 2) the victim was known in advance. Second degree can be brought if its basically a spur of the moment killing with no premeditation towards any particular individual.

To those who whine and complain about those out there who have extensive criminal records being on the loose, fund your states jail system when it comes up on the ballot, or privatize the penal system and supply housing, food, security, for the millions who need to be locked up but cant because of the lack of space.

Jail is jail. Not a play ground, not a social club, not a meeting place. Unfortunately too many panzy butted liberals have whined cried and complained that those who abuse the rights and liberties of honest hard working decent folks shouldn't be treated like the animals that they are (and I appologize to the animals) that the Justice system in this country is so far out of whack its not funny. I say bring back the day of public hangings, let them dance on the rope in the town square where they deficate and urinate all over themselves as their last act of conciousness on this planet leaves them. Make jails what they should be, hard places to be, work 14 hours a day at hard labor, chain gangs, and humiliation as a preventitive measure to avoid WANTING to go back.

Folks out in the world are sick of being victims, yet when the guilty are "punished" they live better than over half the population. (remember, it costs between 30,000 and 50,000 a year to house an inmate, thats 15 to 25 dollars AN HOUR based on a 40 hour work week 50 weeks a year for you and me), they eat hot food 3 times a day, have temperature controlled living, free health care and know they will have a warm/cool bed at night. Visit the homeless or the guy/girl serving your food to you at McDonalds sometime and ask them if their life compares to that!!!

Wake up America, you are losing more than you realize, and when you do finally figure it out, it will be too late.

Jim   August 5th, 2009 11:47 am ET

Well lets see...what are the new rules...if commit a crime but your white you go to jail, if your black you dont because to apply the same law to you is being racist. I guess that means that in order to be non-racist no person of color must be held accountable under the law. So If I go and have the same treatment that John Howard Grifin had to make him black so that he could experience the black existance and write the famous book, "Black like Me"....well then I will be exempt from any and all consequences of my actions. Another point is Ms. Trimble was a 9 year old white girl....and so she has no rights, now if she had been a 9 year old black girl and her murder was white and his DNA was on her clothing....well gee....you know there wouldve been a march by Al Sharpton in the neighborhood if her attacker wasnt turned over to the mob to be lynched on the spot.......suprizing how those that yell foul the loudest use the foulest language.

Michael   August 5th, 2009 2:55 pm ET

Jim and Joanie:

I'm not sure what the local laws are in that state, but the degree of a homicide is usually very unambiguous and well defined. In most areas, a first degree murder is defined as the murder of more than one person, a police officer on duty, a witness or member of the judiciary, or a contract killing. Any other single homicide is defined as second degree. They can't bump it up to first degree just because they think that particular murder is especially heinous.

kelly   August 6th, 2009 12:29 am ET

Not to start an arguement but i think that the murder of a child has been charged as a capital murder charge in other cases. I do think that the amount of time that elapses even though there is no statute of limitations on murder does have an effect. Also to get a confession they will plead the charge down which to me is crap- that little girl didn't get to plea, well we will never know what she did but we do know that he did not except hers.....what a slime ball, a person who can take a childs life to me is not human he should be shot like the dog he is. 44 years , what is that, was that all her life was worth. She got her life taken he should get his taken as well. That is of course if he was proven guilty beyond a resonable doubt. As far as premeditation it doesnt mean he had to think about it a lot, as soon as he decided to take and hurt her everything after that was thought out and then he carried out. PREMEDITATED! (i know the law definition....premeditated for days or weeks, but i think those disgusting thoughts in the minutes and hours before here death is the same thing.)

clarencebev   August 6th, 2009 10:14 am ET

44 should stop him dead in his tracks.

Michelle   August 8th, 2009 1:29 pm ET

I agree that if guilty Barrett should be punished to the fullest extent, but I am not sure I agree with the death penalty. Not that I am an opponent of the death penalty, but I feel that it's almost as though you are letting that person off easy. Yes, they lose their life, but what would their life have been like...? To me rotting in prison is the better sentence... his life is essentially being taken away, but his punishment will continue for many years instead of being immediately drawn to a conclusion. We all hear what happens to child killers/rapists in jail... let him suffer in some of the same ways she did!

Ainge RE   November 6th, 2009 4:45 pm ET

Many of these child abductors and potential murderers have 'handlers'
(people with money and influence) who can't afford to be directly involved in a potential, next 'crime of the century' involving a child.
Just as ObL couldn't/wouldn't fly a plane, personally, into a national monument , these 'benefactors' would never associate and can ill afford to do the actual 'dirty work' of obtaining what they need/want.
Freeze the assets of these child exploiters and you take away the ability and resources of those that might willfully and dutifully hurt a child........easier said than done, I'm sure.

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