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Opinion:  Editorial

Nothing we can stomach
Thursday, June 12, 2008 1:32 PM EDT Print this story | Email this story
The release of Toni Barber from the Kentucky State Reformatory for Women after serving only six months of a seven-year prison sentence isn't setting well with some local residents. That includes us.

Many people in the community are wondering if justice was really served for 18-month-old Kaleb Davis after orders from Judge Lewis Nicholls Friday that his mother be set free on shock probation. The move came as a surprise to those who thought Barber should serve more of the sentence imposed on her by the court for allowing her son to die closed up inside the family van in mid-summer almost two years ago.

When Barber was sentenced late last year, we said there were no winners in the situation that resulted in a dead toddler and an imprisoned mother, We stand by that contention. However, we can't escape the fact that Barber has been dealt with more than generously by the court which was ultimately responsible for deciding her punishment for Kaleb's death. At almost every turn, she has been given the benefit of the doubt -- from being allowed to travel out of state with her truck-driving husband while awaiting trial to having her bond reduced by 90 percent from $100,000 to $10,000 and now, to being released after serving just half a year.

When Barber finally got her day in court, more than 14 months after the child's death, she entered an Alford plea to manslaughter, a plea that allows the defendant to admit there may be enough evidence to convict them without admitting guilt. Between her plea and her sentencing, Barber was allowed by the judge to remain free on the reduced bond.

As he agreed to release her over the objections of prosecutors, Nicholls said Barber's neglect that resulted in her son's death and her daughter's endangerment was "grounded in drug abuse." Those familiar with the case agree. But is that a reason or an excuse? Commonwealth's Attorney Kathryn Hendrickson also pointed out that Barber at some point made "a clear and active choice" to become involved with drugs. It was that choice which ultimately cost young Kaleb his life.

In releasing Barber, Nicholls placed several strict requirements on her -- participation in a drug rehab program and out-patient treatment, community service work, NA meeting attendance and establishment and contributions to a fund named for her dead son. While we appreciate the judge's intentions, we are still not convinced that setting Barber free after such a short incarceration was the right thing to do. And we are not convinced that had the case involved an adult as victim instead of a child, the outcome would have been the same.


How much is the short life of a toddler worth -- six months, a year, 10 years? No amount of time in jail for Barber can bring Kaleb back. But more time in a jail cell would have sent a more emphatic message that there is no excuse for allowing a child to die such a preventable death.

Reader Comments

Comments are limited to 200 words or less.

judge dimwit wrote on Nov 5, 2008 12:21 AM:

" The reason she was released was most likely no money to keep her. The judge may not have wanted to give her shock probation but didn't have much choice. we as a society do not want our taxes raised to incarcerate prisoners but at the same time abhor something like this when it happens. we the people are responsible, not the judge. Hes doing all he can do with the money he has! "

parent wrote on Sep 21, 2008 7:31 AM:

" Why does this people get off so easy when they take a life.the baby didnt ask to be brought into this world. "

Tired of the JUDICAL SYSTEM..... wrote on Jul 22, 2008 5:49 PM:

" Yes, was a truly sad matter, but in all reality neither of her childern will ever reccieve the amount of justice they deserve. she may have to live with the guilt, but she should have never have made her self guilty in the first place! accidents happen when u like run over a dog or forget to take out the trash, not leave an 18 month child in the car to die OR WHEN U SHAKE A CHILD TO HARD..... "

japples wrote on Jul 18, 2008 6:41 PM:

" way to go judge people get more time for a little bag of marijuana then they do for manslaughter "

voice wrote on Jun 27, 2008 7:48 AM:

" Decisions like this make you wonderabout our judicial system. This is totally wrong to let this woman out after so little time. She should have to serve the full sentence plus be held to all the other requirements. This ruling helps no one other than criminals. We should have just slapped her on the back and said its ok "

What about the children wrote on Jun 20, 2008 1:47 AM:

" I had never heard of the Alford plea until a couple of weeks ago. Since that time, there have been at least three instances in which it has been used by individuals who have "accidentally" caused the deaths of children who were in their care. This is just another instance demonstrating how disgustingly tolerant our society has become toward the abuse/neglect of children. In this case, a small child, because of his mother's selfish indulgences, was robbed of a future. There is something seriously wrong with our society if we allow this kind of injustice to continue, and it surely will if we don't institute tougher laws and follow through with harsher punishments. "

appauled wrote on Jun 13, 2008 12:06 AM:

" With a parent such as she, the daughter may fare much better with other relatives or in foster care. Rehab can be the answer for someone who really cares to get clean but, in the meantime, they will have many ups and downs. We should pray for the daughter and the mother. "

upset wrote on Jun 12, 2008 11:34 PM:

" we should be more upset that she was ever given a plea bargain...shock probation is much less likely after a jury has rendered a verdict "

justice wrote on Jun 12, 2008 10:36 PM:

" Hopefully she is never allowed to regain custody or even have unsupervised visitation with her other child. "

Prayers change the sutition wrote on Jun 12, 2008 9:34 PM:

" Truly this was a sad thing to happen but I believe that this young women will live a life of prison in her mind
and complete guilt the reat of her live.
But we know that God does forgive and understand everything good or bad and he is judge.
Prayers will change everything. "


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