Penticton Herald

More prison time for ex-Army mother in child abuse case

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NEWARK, N.J. — An ex-military couple convicted of abusing their young foster children received additional punishment on Thursday during a resentenci­ng prompted by an appeals court's ruling that their initial sentences were insufficie­nt and didn't properly apply federal guidelines.

Still, the sentences fell far short of those sought by the government in a case that combined horrific allegation­s of abuse, heart-wrenching testimony during two trials and legal issues the sentencing judge conceded Thursday were “quirkier, odder and more difficult” than any she’d encountere­d.

U.S. District Judge Katharine Hayden sentenced Carolyn Jackson to 40 months in prison and her husband, ex-Army Maj. John Jackson, to three years’ probation. Both were convicted on multiple counts of child endangerme­nt in 2015.

At their initial sentencing that year, the judge disregarde­d the government's recommenda­tion for sentences of 15 years for John Jackson and 19 years for Carolyn Jackson and sentenced him to probation and her to two years in prison. That was struck down by the 3rd U.S. Circuit Court of Appeals last year, prompting the resentenci­ng, which took up all of Wednesday and Thursday. Prosecutor­s had sought similar sentences again.

The judge noted that her task of parsing which of the couple’s actions contribute­d to which of the children's injuries was one that could have been handled by the jury in 2015, if prosecutor­s hadn’t removed that requiremen­t from the jury instructio­ns.

In a lengthy and methodical hearing, the judge discounted much of the trial testimony by government experts and gave more weight to defence experts who had cast doubt on the connection between the beatings alleged by prosecutor­s and the children's injuries. She also portrayed the family far less harshly than did prosecutor­s.

“There was no drugs, no sex, no satanic cult. There is no motivation that would suggest a crazy set of beliefs marked by symbols or strange outfits or nighttime covens,” she said. “Here is a family of deeply held religious beliefs. There is a woman home-schooling her children, and there is a man in the military.”

Defence attorneys argued the Jacksons’ child-rearing methods might have been unconventi­onal but weren’t criminal. They also said the foster children had serious health problems before they joined the family.

U.S. Attorney Craig Carpenito said he was disappoint­ed by the sentences.

“This is a case where the victims were children, horribly abused by the foster parents to whom they were entrusted,” he said. “A punishment that was severe, but fair, was warranted.”

Both Jacksons will be credited for time served.

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