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Officials dismayed over sentencing in drowning deaths



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August 02, 2012 | 03:06 PM
Dismayed by the probation sentence handed down in a case where a negligent mother slept in another room while her infant twins drowned in a bathtub, numerous Republican legislators — including State Sen. Neal Kedzie and State Rep. Tyler August — have sent a letter to the secretaries of the state departments of Corrections and Children and Families asking for a review of "why the system failed these innocent children."

The letter, which is dated Aug. 2, was written in response to the sentence handed down by Walworth County Circuit Court Judge David Reddy to Melody Butt, 27, of East Troy.

Butt was sentenced to 14 years of probation, which includes one year of condition jail with work-release privileges. Reddy also imposed, but stayed, a 15-year prison sentence, which includes five years of initial confinement.

The imposed and stayed sentence means that if Butt violates the conditions of her probation —which includes no unsupervised contact with children, including her own, without her probation agent's consent — she will head right to prison.

The letter was also signed by State Sen. Mary Lazich, New Berlin, and representatives David Craig, Big Bend; Stephen Nass, Whitewater; Evan Wynn, Whitewater; and Amy Loundenbeck, Clinton.

The letter in its entirety states:

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"We are writing you today to express our grave concern and anguish over a matter which we believe calls for further scrutiny and review by both agencies you lead.

"As you may know, a horrific tragedy occurred last year in East Troy, Wisconsin (Walworth County) where two innocent young children died as a result of the gross negligence and irresponsible actions of their mother. As many of us are parents, we were deeply troubled by the lack of care for these precious lives and heartbroken after learning more of this case and the conditions in which these children were raised. Like many others, we hoped swift and appropriate punishment would come to this parent who exhibited such wanton neglect for her children. Sadly – and only adding more pain to this tragedy – that has not occurred.

"Earlier this week, a sentence was handed down by Walworth County Circuit Court Judge David Reddy which we believe falls well short of a suitable response to such a heinous act. Since that time, we have been gathering information to ensure we had the most pertinent facts of the case. The mother pled guilty to the felony child neglect charges and could have been sentenced to a lengthy term in prison, along with significant fines. In addition, her rights to her other young children could have been revoked entirely. Unfortunately, that did not occur. Instead, the mother will only serve one year in a work release program, retain her rights to visit the surviving children, and serve fourteen years on probation. This decision has sent a shock not only to us, but the rest of the communities we represent, and perhaps throughout the state.

"In our position as state elected officials, we are calling on your respective offices to utilize your available and allowable jurisdiction and resources to review this matter and hopefully provide us information as to how and why the system failed these innocent children. Furthermore, we are inquiring as to what, if any, action or involvement your departments may have in the care and welfare of the surviving children who will find themselves in the care of the very person who neglected their siblings. Obviously, we are immensely concerned for their safety and trust you and your agencies share that concern.

"We would also inquire of any legislative remedy your agencies may suggest regarding such situations.

"We understand anything we do will neither bring those children back, nor alleviate the pain so many have endured. But we have a responsibility to seek answers to these tragedies and determine how we, as a state, can improve the manner in which such cases are handled, and how we can better protect our children."

About the case:

On Sept. 22, Melody Butt placed one of her infant children in a bathtub with her 2-year-old child. She then took her other infant into the bedroom where she fell asleep.

While Butt slept, both twins drowned in the tub. It is unknown how the 11-year-month old went from the bedroom to the bathroom.

"I pay the price every day because of the decisions I have made," Butt said during her sentencing hearing.

Inside of Butt's apartment police found dirty diaper's and bottles with curdled milk on the floor.

"You wouldn't want dogs or cats in that situation," District Attorney Phillip Koss said.

Koss, who the next day became a Walworth County Circuit Court Judge, advocated a prison sentence in the case.

However, the presentence invesitation report, which is generated by the Department of Corrections, recommended probation.

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  1. report print email
    Complete failure of our Justice system
    August 02, 2012 | 07:56 PM

    As a mom, I'm at a loss. How does a mother do such things to her own children? Prior to that, how does the system fail these children who are living in squaller and being neglected? And now that they are gone, this Judge's idea of a proper sentencing consists of probation? Her actions caused the death of two children. By definition, it's murder whether it was intentional or not. And the example this judge just set was that you can neglect your children, you can drown your children, and then you get to walk away with probation? I believe this judge needs to be removed from the bench, or at least be ordered to undergo a competency exam. This lady didn't get punished for her crime, she was given an opportunity to neglect/kill more children. There are absolutely no excuses for a decision this poor.

    Karen
    Denton, TX
  2. report print email
    Reddy is an embarrassment to our justice system.
    August 02, 2012 | 09:06 PM

    This same judge was ready to sentence a young woman to jail for 6 months, simply because she did not have the money to pay some bills from a divorce. Then, a week later, hands down this sentence to a woman who has caused the death of two beautiful babies by blatant neglect. Her "woeful" plea fell short in my opinion. She uttered some words about it being her fault for staying in an unhealthy relationship. How is living in a pig sty and allowing your children to drown the fault of your relationship? Her utterance of those words should have shown the judge just how bogus her "plea" was. Why does she get to leave each day and enter a work place, where she can engage in acts such as those of a free person whom has committed no crime? It's too bad she didn't have a joint in her pocket, that would have gotten her some real jail time.
    With people like her, and all the sex offenders who are out on work release, why bother with jail sentencing at all? How dare this judge allow her this privilege.
    As for the state reps writing this letter.... KUDOS! I don't care what party ties you have. (although they were of course spelled out for us) THANK YOU for not letting this go under the rug. THANK YOU for not accepting the sentence this neglectful judge has laid out. PLEASE do all you can to get him off the Walworth County Circuit Court. Just because someone made the bad call of allowing him to be a judge, doesn't mean we should allow him to continue.
    PAY ATTENTION WALWORTH COUNTY! This man is a heck of a lot more criminal than the young lady who could not pay the bills from her divorce. You know darn well if these children had been related to him in any way, that girl would be in a prison cell as I type this.

    Michelle
    Lake Geneva
  3. report print email
    Broken
    August 03, 2012 | 05:23 PM

    I am the aunt of these two ANGELS that everyone is reading and talking about. I never got to hold them in my arms or look into those beautiful blue eyes and tell them how much i love them. I know that i will never get that chance but it is not to late for justice. We as friends,family, and the JUDICIAL system owe them JUSTICE they are not here to speak for themselves because of a heartless act from their mother. BROKEN FAMILY......BROKEN SYSTEM.....BROKEN HEARTLESS MOTHER

    Brenda
    Borger, TX
  4. report print email
    Injustice
    August 04, 2012 | 11:01 AM

    I am the paternal grandmother of the twins, and I knew the day after they were tragedy snatched from this world that we would were not going to be treated fairly by child protective services. At the first meeting CPS treated my son and me with distain. As though he was the one home "sleeping" when the twins drown. Less than a week later he was charged with neglect and then restricted from being around children without supervision. Given the same restrictions as Melody. CPS took his 2yr daughter(

    Joyce
    Pflugerville
  5. report print email
    Injustice cont...
    August 04, 2012 | 11:03 AM

    CPS took his 2yr daughter(

    Joyce
    Pflugerville
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