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Justice Or Injustice ?

by @ 9:20 am on June 9, 2007. Filed under In The News, Legal

Down near Charlottesville, Virginia a mother and father are about to start serving 27 months in jail for serving alcohol at their 16 year old son’s birthday party:

CHARLOTTESVILLE — Ryan Kenty, 20, and his brother Brandon, still a sophomore in high school, plan to drive their mother to jail Monday morning before heading back to her rented apartment to move the rest of her belongings into storage.

Their mom, Elisa Kelly, and her ex-husband, George Robinson, are paying the price for hosting Ryan’s 16th birthday party — more than two years in jail each. Ryan had asked his mother to buy his friends some beer and wine, as long as they all spent the night.

“No one left the party,” said Kelly, 42, who collected car keys that night almost five years ago to prevent anyone from leaving. “No one was hurt. No one drove anywhere. I really don’t think I deserve to go to jail for this long.”

But Albemarle County Commonwealth’s Attorney James L. Camblos III, who prosecuted the parents, said it was the worst case of underage drinking he has had to deal with in 15 years. “Not only were they serving alcohol to 15- and 16-year-olds, they misled parents who called to ask about alcohol, and they tried to get the kids to cover it up after police got there,” Camblos said.

In this season of senior proms and graduation parties, the story of the couple is a cautionary tale for parents if they plan to serve alcohol — or look the other way. It comes at a time of increased concern about the effects of drinking and driving and underage binge drinking, which is on the rise. Although 27-month sentences are rare, parents are increasingly being held criminally responsible for underage drinking under their roofs, even if they are not aware that it is going on.

(…)

Kelly and Robinson — the boys’ stepfather — were charged with nine misdemeanor counts each of contributing to the delinquency of a minor resulting from the August 2002 backyard birthday bash. Both were originally sentenced to eight years, but the sentences were reduced to 27 months. The case was appealed to the Virginia Supreme Court and then the U.S. Supreme Court, which recently declined to hear it.

Robinson’s attorney, Jonathan Wren, called the jail time the “harshest sentence of its kind by a long shot.” Wren said his client declined to comment.

About 30 kids were at the Robinson property on remote Bleak House Road in Earlysville, Va., when police arrived about 11 p.m. after receiving a call about underage drinking. Many of the kids scattered into the nearby woods after one of them yelled, “Cops!”

The couple initially were charged with 16 misdemeanor counts, but seven of the partygoers had no alcohol in their systems. Of the nine who did, all were below the legal limit for intoxication, according to Wren.

So here’s the question…..

Is this sentence too harsh, too lenient, or just right ? Frankly, I’m not sure.

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6 Responses to “Justice Or Injustice ?”

  1. Cathy says:

    Too harsh! While the parents were irresponsible in thier decision to serve alcohol to minors they did ensure that the teenagers could not leave thier home. I suppose the parents could have adamantly prevented alcohol and then the teens would have/could have/probably would have left to drink elsewhere – maybe wreacked while DUI – etc; Teens will find a way to drink when they really want to – at least they were safe at a home with adults and it doesnt sound as if the alcohol consumption was out or control.

  2. In 1959 when my older brother graduated from high school in a wealthy small town north of Boston my mom had the idea to host graduation beer party for all the guys in his class. It was quite an event, to say the least, I can still remember the smell of beer and the sound of vomiting by kids who had their first “permitted” unlimited access to alchohol in the form of at least 30 cases of beer. My mom’s logic was clear. She knew a party was going to be organised somewhere and permitted or not , heavy drinking would be a traditional feature. I am certain her strategy was formed out of fear that if somebody didn’t provide a diversion. kids could be killed or injured in a car accident, or, other accidents would happen in the form of unwanted pregnancies. She had a few simple ground rules; car keys where surrendered,and whoever came was expected to stay into the next day, and no girls allowed. She took care to make sure the other parents understood the details and that the neighbors where informed. She also explained the plans to the chief of police, who I am sure was relieved to be free of not having to clean up after smashed cars, the dead and the injured and of having the awful task of informing the parents of the victims most of whom he knew personally .I should point out that my mom and dad drank very rarely and I have a feeling that she thought that if a few got good and sick under a controlled situation it might help some of them to get it out of their system in more ways than one. I must say a good time was had by all and my brother to this day is a most moderate drinker.
    How sad that in our litigous frightened culture today that an elegant
    solution to a real potential problem must be punished in such a draconian fashion. Shame on the state of Virginia and the Supreme court

  3. Rick says:

    The prosecutor and judge should be sent to Afghanistan to join their brethren in the Taliban.

  4. Kevin says:

    It’s sad that the mom lives in one of less than 10 countries in the world where the purchase (and public possession) of alcohol by those under 21 is illegal. Yes the National Minimum Drinking Age Act of 1984 did change a lot, but now binge drinking and the beginning of a lifelong disrespect for the law are problems for the college-aged among us. Europeans have a much more transparent approach towards educating their children about alcohol; many let their children have a sip of wine from an early age. And maybe that’s why their college-aged citizens don’t have a frenzied fascination with alcohol like ours do. America’s abstinence-based policies and education is arguably causing more problems than it solves. At least a few college administrators have supported lowering the drinking age.

    The mom may have followed the intent of the law to reduce drunk driving, but she didn’t know she lives in one of 15 states that completely prohibit underage consumption. Had she been in any of the other 35 she wouldn’t have been charged. Yes it is wrong to have other children drink without their parents knowing, but that’s far from surprising thanks to the conservatism that probably strongly prevails in the heads of those other parents.

  5. Xalem says:

    In jail, is she going to join the millions of other young adults who have bought alcohol and then given or resold it to underage teenagers? While they often catch the dope dealers, how often do police catch the bootleggers, those who supply alcohol to teens? Why pick on this woman when so many others act completely irresponsibly?

  6. someone who cares says:

    I know Mr. Robinson personally. One thing that hasn’t been brought out extensively is the fact that he did NOT have anything to do with the planning and preparation of the party. He had already said no to any beer or alcohol. It was done behind his back. Lisa got her ex-husband to keep the alcohol she bought and told him not to tell George about it. She told him to bring the alcohol while George was away from the house. Yet, the ex-husband only got 30 days. George walks into the party with no previous knowledge and stays only to make sure the kids stayed safe. Now he has to serve 27 months. I have lost all faith in the justice system.

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