ID - Charles Smith & Christina Haynes for child abuse, St Maries, 2008

[Kymistry35]

I think the laws need to be changed. I know that the judge gave him all that he could, but that is in no way enough for the torture he put that poor baby through.

 

[passionflower]

THIS MAKES ME SO ANGRY! I just can't wrap my brain around who would do this. How can a mother let this happen? OMG! I'm so upset.

You and me also!:furious:
This baby is mamed forever!
I say freeze them for punishment and just walk away and forget them..........
eye for an eye.........

 

[InMyDreams]

You and me also!:furious:
This baby is mamed forever!
I say freeze them for punishment and just walk away and forget them..........
eye for an eye.........

yep... but do that after they get their toes and fingers amputated!

 

[believe09]

TG for no parole at least-this kills me because she will still be a minor when the perp is released....she should be allowed to spend the rest of her life without the specter of either perp on her horizon.

 

[Liz]

Girl’s abuser gets 10-year sentence

Despite a call for leniency by the defense, and a recommendation for an eight-year fixed prison sentence by the prosecutor, 1st District Judge Fred Gibler on Friday sentenced Smith to the maximum allowed in Idaho for felony injury to a child.

Calling the 10-year ceiling for the felony “unfortunate,” Gibler said he was bound to the law.

“It could be seen as lenient,” he said, adding, “I think the possibility of parole would be improper in this case.”

More: http://www.spokesman.com/stories/2009/mar/14/girls-abuser-gets-10-year-sentence/

I just got caught up to speed on this case. Not sure if the link below is the same story as the one you posted. And then there's another one from Craig's List with someone who is very unhappy with the sentencing.

http://www.spokesman.com/stories/2009/mar/13/man-sentenced-10-years-abusing-kyra-wine/

http://spokane.craigslist.org/vnn/1077467501.html

May God bless both Kyra and Amanda, and keep them safe!

 

[Liz]

One of the stories posted on WS today made me think of little Kyra Wine, and wonder about the criminal disposition of her mother's momster's case. Several others were following this horrific case so I thought I'd update it. I found this:

Kyra Wine's mom faces 5 years in prison for abuse

http://www.nwcn.com/topstories/stories/NW_051609IDN-kyra-wine-KS.c7c17bb.html

Basically, Christina Haynes pled guilty and would normally face a 10-yr prison sentence for her crime(s). But since she cooperated and took a plea deal, she may only end up serving five years.

She's scheduled to be sentenced on July 17th

 

[LotsaLatte]

OMG !

http://www.myspace.com/tattooloves269

This guy was logged in to his MySpace on 3/18/09, mood listed as calm WTF!

Says, I pray for everyone!!

And again on 07/12/2009 :furious:

 

[Liz]

And again on 07/12/2009 :furious:

That could be his girlfriend, Christina, the mothermomster of little Kyra, logging in to his myspace.

I just looked him up in the Idaho Dept of Corrections:

CHARLES WILLIAM SMITH #92201

Status:
Inmate

Date of Birth:
03/19/1979

Mailing Address:
IDAHO STATE CORRECTIONAL INSTITUTION UNIT 14
P.O. Box 14
Boise Idaho 83707

Phone Number:
208-336-0740

IDOC Sentence Information

The sentence information shown is for active sentences under the jurisdiction, custody, and/or supervision of the Idaho Department of Correction only.

Offense
Sentencing County
Case No.
Sentence Satisfaction Date

INJURY TO A CHILD 18-1501 (1) BENEWAH CR08-785 06/16/2018


So it should be about another 8 years and 11 months before Charles is able to update his myspace.

If there is any new logging activity after tomorrow (the date 'momster, Christina Haynes, is 'supposed' to be sentenced), then we'll know it isn't/wasn't her logging into his myspace.

 

[Liz]

I was just looking up the court docket info, and it looks like Christina's sentencing date has been postponed a week, until 7/24.

Fred M. Gibler 07/24/2009 9:30 AM Sentencing CR-2008-0000784 Felony Christina Louise Haynes 001
Prosecutor: Payne, Douglas P - Defense Attorney: Rogers, David B
Charges:
I18-1501(3) {F} Children-injury To Child
I18-907 Battery-aggravated


She is going before the same judge that Joseph Duncan went before. I'm pretty sure her child-abusing b/f also went before the Honorable Judge Gibler, as well. He seems like a very good judge, imo.

 

[SheWhoMustNotBeNamed]

Smith seeks lighter sentence

The attorney for the man who beat 3-year-old Kyra Wine filed a motion to have his client’s sentence reduced.

Charles W. Smith through his attorney, Will Butler, is asking the court to consider reducing his 10-year sentence, but paperwork filed June 29 doesn’t specify how much the sentence should be reduced.

The motion asks Judge Fred Gibler to consider Smith’s clean prison report as one of the steps to allowing a hearing to reduce the sentence.

More: http://www.gazetterecord.com/articl...dd807d4bb16d526ffb210451984e2ccf8f76e4d0763da

 

[Disguiseduser0308]

Smith seeks lighter sentence

The attorney for the man who beat 3-year-old Kyra Wine filed a motion to have his client’s sentence reduced.

Charles W. Smith through his attorney, Will Butler, is asking the court to consider reducing his 10-year sentence, but paperwork filed June 29 doesn’t specify how much the sentence should be reduced.

The motion asks Judge Fred Gibler to consider Smith’s clean prison report as one of the steps to allowing a hearing to reduce the sentence.

More: http://www.gazetterecord.com/articl...dd807d4bb16d526ffb210451984e2ccf8f76e4d0763da

This petition is infuriating. Is there anyway for little Kyra's pain and suffering to be reduced? Is it possible to reduce the loss of her extremities? :behindbar

To Smith: Do your time, you . Nothing about Kyra's life will ever be the same. How dare you and your attorney ask for a reduced sentence after what was done to her!

 

[believe09]

When he pled guilty why did he not have to make a full confession, or did he? IIRC, no one was clear on what had been done to her that caused the dead flesh...how can a shorter sentence even be considered unless he has confessed and shown remorse for her treatment?

I am not being salacious in looking for the detail-I think that the two of them need to be completely unmasked.

 

[Liz]

July 24, 2009
Girl’s mother gets 10 years in St. Maries abuse case

Testimony about Christina Haynes’ mental state didn’t sway a judge today from imposing a 10-year prison sentence on the St. Maries woman, whose child, Kyra Wine, almost died in one of the worst neglect cases in Benewah County.

Haynes’ mental-health issues didn’t excuse her from seeking medical help for her 3-year-old daughter, who was discovered by police at Haynes’ home last summer covered in scabs and feces, First District Judge Fred Gibler said.

The girl almost died as a result of injuries suffered at the hands of Haynes and her boyfriend Charles W. Smith, who Haynes met online and invited to live with her and her children at a farm north of St. Maries. Kyra’s feet were amputated and she lost a kidney, part of a finger and has patches on her head where hair won’t grow back. Judge Gibler said the 27-year-old Haynes probably wasn’t as culpable as Smith, who was sentenced earlier this spring to a maximum 10 years for child abuse.

http://www.spokesman.com/stories/2009/jul/24/girls-mother-gets-10-years-st-maries-abuse-case/

 

[LaLaw2000]

10 years is not enough, IMO.

 

[Liz]

10 years is not enough, IMO.

I agree, LaLaw. If you read the article, it sounds like she'll be out in five. The second five years is "indeterminate". I'm not positive what that means but it sounds to me like she might get out on "house arrest" or probation or something.

I disagree with Judge Gibler that she was not as culpable as Charles Smith. As Kyra's biological mother, imo, she's all the more culpable. But then of course, they brought in that she was 'allegedly' suffering from dissociation.

 

[LaLaw2000]

Yes, she will most likely be out in 5 years or even less. In most states 'good time' means you get 2 days off the sentence for every one day served if you are considered to be a good inmate and not have writeups, etc.

Also, you can get additional time off for any courses you take while incarcerated. Then the last 6 months of your sentence you can request to be sent to a halfway house.

However; in cases such as this, I think there should be no 'good time', etc.

Sad that 10 years never even really means 10 years. Not justice for Kyra, IMO.

 

[Liz]

Here's a link to Spokesman.com's "Huckleberries" column question/poll on today's sentencing.

Question: Should Kyra Wine’s mother have received the same sentence as her abusive boyfriend, Charles W. Smith?

http://www.spokesman.com/blogs/hbo/2009/jul/24/kyra-wines-mom-gets-10-years-too/

I'm thinking that there will be a lot of commentary added later.

 

[Liz]

Indeterminate sentences
Indeterminate sentencing is a system of sentencing in which a legislature establishes maximum and minimum terms for each crime and a judge makes a discretionary decision as to what the maximum and minimum sentences should be for each convicted offender. For those whose sentence is prison, a parole board determines the amount of time each inmate serves under correctional supervision.

The theory behind indeterminate-sentencing statutes is rehabili-tation—the sentence should meet the needs of the individual offender, and the offender should be locked up until there is evidence that he or she has been “cured.” In states with indeterminate sentencing, parole boards can release inmates once they have served the minimum part of their sentences. Good-time laws further reduce the amount of time served. Good time reduces a portion of an offender's sentence for good behavior while in prison.

The impact of indeterminate sentencing
Benefits of sentence-reduction programs, such as good-time laws and early parole release, include promotion of discipline within prisons (because inmates are motivated to engage in good behavior in order to earn or avoid losing good time) and the reduction of prison overcrowding. Critics complain that most offenders are released from prison before serving their full sentences and that indeterminate sentences produce gross sentencing disparities because they allow judges too much discretion.

http://articles.directorym.com/Sentencing_Statutes_and_Guidelines_Idaho-r1045838-Idaho.html

Sounds like IF the parole board determines that Christina is "cured" (of the "dissociation") - in five years, she'll be free as a bird.

 

[SheWhoMustNotBeNamed]

Later this summer 4-year-old Kyra Wine will put on her prosthetic feet and start her second year of preschool.

Her mother, 27-year-old Christina Haynes, will start her first year in prison.

[snip]

“She’s a ferocious 4-year-old,” her grandmother Deanna Wine said.

Kyra attended preschool last year and is anticipating attending again this year.

“She loves preschool,” Mrs. Wine said.

Despite having to wear a net on her head that helps promote skin to cover the open patch of flesh, and her prosthetics, her peers accept her, said Mrs. Wine.

MUCH MORE: http://www.gazetterecord.com/articl...12abac5032402fc8036421b025078c9a7653d2ebc1831

 

[SheWhoMustNotBeNamed]

Crime brings legislation

Joyce Broadsword and others think ten years is not enough.

Now that Christina Haynes and Charles Smith are behind bars for the abuse of Kyra Wine, legislators can respond to the outcry from local citizens and officials that a maximum ten-year sentence for felony child abuse is not enough.

Sen. Broadsword said the bill is already drafted and calls for a 20-year maximum sentence.

More: http://www.gazetterecord.com/articl...d632633cb7fd8d05cfc23782f59d203fa70fb60093bf4