Supreme Court denounces judge’s bad-genes comment

Thursday, Sept. 6, 2001 | 10:37 a.m.

CARSON CITY -- The Nevada Supreme Court Wednesday overturned the sentence of a Las Vegas man because of remarks by a District Court judge, who complained that the defendant had fathered five children who probably had bad genes and would turn to lives of crime.

The Supreme Court said that when a person is convicted of a crime unrelated to his parental status or obligations "it is unconstitutional to base a sentencing determination on the number of children fathered by him or on the risk that he will father more children if left at liberty."

District Judge Jack Lehman sentenced Michael Jones to a maximum of 21 years in prison on his convictions of larceny and possession of a stolen vehicle. Jones had five children with four women.

Jones had asked the judge not to separate him from his children by putting him in prison, but Lehman noted that Jones didn't support the children. He said the children "probably have your poor genes and are probably going to have a criminal life because of the genes that you put into this world.

"I want to (impose a prison sentence), if for no other reasons, to keep you from having any more kids," the judge said at sentencing. "Five kids at age 24 when you shouldn't have one. I'm appalled with you."

The Supreme Court, in a unanimous decision, said there was sufficient evidence to support the maximum sentence for Jones, but added, "These comments could reasonably be interpreted to indicate that the court (Lehman) improperly imposed sentence to punish appellant (Jones) for fathering what the court deemed an excessive number of children or to prevent appellant from fathering more children."

The court said the state Parole and Probation Division recommended seven years. And it noted Jones' co-defendant received a five-year term under a negotiated plea agreement.

The sentencing of Jones by Lehman, the high court said, "did not reflect the appearance of justice."

The court ordered the case back to District Court in Las Vegas where Jones will be sentenced by another judge.