Kill your daughter and get away with it! Justice?

Hugh Freaking DillonHugh Freaking Dillon Posts: 14,010
edited July 2010 in A Moving Train
This is absolutely disgusting. Her personal situation of her son and her dead husband should have absolutely no bearing on whether she goes to jail or home.

from: http://calgary.ctv.ca/servlet/an/local/CTVNews/20100715/CGY_Aset_Magomadova_100715/20100715/?hub=CalgaryHome

No jail time for mother who killed teen daughter

Aset Magomadova left court a free woman Thursday.
Updated: Thu Jul. 15 2010 17:25:07

ctvcalgary.ca

A mother who killed her teenaged daughter will not have to serve any jail time. Aset Magomadova was charged with murder, but was convicted of manslaughter. On Thursday, a judge handed her a suspended sentence and three years probation.

Magomadova left court a free woman. She hasn't spoken publically in the three years since killing her daughter, and Thursday was no different. When asked by reporters if she had anything to say, she stayed silent.

Magomadova was charged with murdering her 14-year-old daughter Aminat in 2007, but she was convicted of manslaughter. The 39-year-old told court Aminat attacked her with a chair and threatened her with a knife before she strangled the girl with a scarf. She testified Aminat never really adjusted to life in Canada and got in trouble with the law and drugs.

The judge rejected self defence, but decided against jail time saying that would be more about vengeance than justice. Instead, Magovadova will be on probation for three years.

Justice Sal Lovecchio told court while this may seem like a get out of jail free card, he says it is not. If Magomadova violates any of the conditions of her probation she'll be ordered back to court and sentenced to time behind bars.

The crown lawyer, who asked for 12 years in jail, believes the ruling will be controversial.

"The way it has throughout this case, there's going to be a wide range of discussion, a lot of commentary, and it's an area that deserves to be well discussed," commented Crown Prosecutor Mac Vomberg.

Magomadova's defence lawyer, Alain Hepner, says his client has already suffered greatly. Her husband was killed by a bomb in Chechnya and her only other child, a teenaged boy, has a terminal illness.

"I didn't see any need in this case, for this woman with her background, that prison would accomplish anything, and the law allows for what the judge did, and he chose a suspended sentence with three years probation, and there will be strict terms. I think she'll abide by them," said Hepner.

Since arriving in Canada as a refugee, Magomadova has been sponsored by a church group, which also wanted no jail time.

"She has been through so much and she has to live with this the rest of her life. She is not a danger to the public at all. She has her son who is very ill and I think this fits," commented Magomadova's sponsor, Marilyn Millions.

While she's on probation, Magomadova can't own weapons and will undergo counseling for depression. She's also been ordered to attend anger management classes.

The Crown has already appealed the reduction from murder to manslaughter. It's unclear if it will also appeal the sentence, but says that will be reviewed.
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Comments

  • Godfather.Godfather. Posts: 12,504
    no comment....

    Godfather.
  • philthehipphilthehip Posts: 2,084
    To me it sounds like this is a very sad case, very sad story. Im no judge so I would go with the expert decision on the matter. She will have to live with this her whole life and maybe thats a fitting punishment.
  • haffajappahaffajappa British Columbia Posts: 5,955
    philthehip wrote:
    To me it sounds like this is a very sad case, very sad story. Im no judge so I would go with the expert decision on the matter. She will have to live with this her whole life and maybe thats a fitting punishment.
    Yeah.... this one's tricky....
    Its not like she went and strangled the girl in her sleep (not saying that the girl deserved to die or anything)

    But its definitely more complicated than a woman killed her daughter and got off


    edit: that said, everyone knows our legal systems a joke at times.
    live pearl jam is best pearl jam
  • haffajappa wrote:
    But its definitely more complicated than a woman killed her daughter and got off

    I would argue it's actually a LOT simpler than that. No personal shitty situation in life gives anyone the excuse to kill anyone. It's one thing to kill someone in self defense, but the judge even dismissed self defense as a defense in this case, and STILL let her walk! So given that, how is this verdict justified? If she could get a scarf wrapped around her daughter's neck to strangle her, surely she could have just ran out the front fucking door to safety.

    Saying that she's going to have to live with it the rest of her life is punishment enough? Then you might as well empty the jails 'round the world and let em all go free.
    Gimli 1993
    Fargo 2003
    Winnipeg 2005
    Winnipeg 2011
    St. Paul 2014
  • haffajappahaffajappa British Columbia Posts: 5,955
    haffajappa wrote:
    But its definitely more complicated than a woman killed her daughter and got off

    I would argue it's actually a LOT simpler than that. No personal shitty situation in life gives anyone the excuse to kill anyone. It's one thing to kill someone in self defense, but the judge even dismissed self defense as a defense in this case, and STILL let her walk! So given that, how is this verdict justified? If she could get a scarf wrapped around her daughter's neck to strangle her, surely she could have just ran out the front fucking door to safety.

    Saying that she's going to have to live with it the rest of her life is punishment enough? Then you might as well empty the jails 'round the world and let em all go free.
    i thought she came at her with a chair and a knife?
    i never said she should go free, btw. i just agreed its a difficult situation for the judge
    live pearl jam is best pearl jam
  • ed243421ed243421 Posts: 7,672
    bill

    do you know why the judge rejected the self-defense?

    to me, with little info, it sounds like self-defense

    what makes you think it was not self-defense?
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  • I never said it wasn't. the JUDGE said it wasn't, and yet set her free. my question is, what's his rationale, if it wasn't self defense, for letting a killer go free if it wasn't self defense?
    ed243421 wrote:
    bill

    do you know why the judge rejected the self-defense?

    to me, with little info, it sounds like self-defense

    what makes you think it was not self-defense?
    Gimli 1993
    Fargo 2003
    Winnipeg 2005
    Winnipeg 2011
    St. Paul 2014
  • yes, apparently she did, and she was able to subdue her enough to strangle her with a scarf. at some point self defense turned into aggression and murder. IF that's in fact what happened in the first place.
    haffajappa wrote:
    i thought she came at her with a chair and a knife?
    i never said she should go free, btw. i just agreed its a difficult situation for the judge
    Gimli 1993
    Fargo 2003
    Winnipeg 2005
    Winnipeg 2011
    St. Paul 2014
  • matabelematabele Posts: 277
    Kind of hard to imagine self defense while using a scarf, sounds more like premeditation.
  • yokeyoke Posts: 1,440
    I think it was a medical examiner that said it took approx 2 1/2 minutes for her to strangle her daughter. In that time frame there is a lot of time to think about what you are doing and what is going on. She had plenty of time to stop. Also, they said a knife was found but it did not have her daughters finger prints on it. Sorry, this women should be in jail, there is no excuse for this.
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