April 28, 2010 9:00 AM

Chelsea King-Amber Dubois Plea Deal for Killer John Gardner is Justice Served, Says Ex-Prosecutor

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Crimesider Staff
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Robin Sax, former prosecutor for the Los Angeles District Attorney (CBS)

LOS ANGELES (CBS) The plea deal offered by the San Diego District Attorney's Office and accepted by John Gardner in the murders of 17-year-old Chelsea King and 14-year-old Amber Dubois has generated a lot of discussion, and dissatisfaction. In several online polls I have seen, up to 67% of the people were disappointed with the plea.

And while I can relate to the public's feeling that the plea was somewhat anti-climactic when compared to the shock of Gardner's crimes, I do believe that this was an excellent plea from the perspective of the prosecution.

John Gardner pled guilty Friday, April 16 to the murders and sexual assaults of Chelsea and Amber. He admitted to raping and strangling King in February of this year, and raping and stabbing Dubois in February 2009. By leading police to the body of Dubois and admitting to the murders, Gardner spared himself from the death penalty. He will now most likely spend the rest of his life in prison. His sentence is 33 years to life, without the possibility of parole.

Chelsea King (Personal Photo)

There were other critical elements to this plea as well though, which make it a just result, and the victims' families seem to agree. First, Gardner waived his right to appeal; second, prosecutors took a factual guilty plea - which means he acknowledged a factual basis for the plea which will further insure that the terms are upheld.

PICTURES: Chelsea King Missing
PICTURES: Chelsea King Vigil

These are two critical elements that give the plea deal a more robust legal force. Also, nothing in this plea bars the prosecutor from bringing new cases against Gardner should other victims come forward or be discovered.

After speaking with Carrie McGonigle, Amber Dubois' mom - and also hearing Brent King, Chelsea's father, at a press conference - I believe while there is no "happiness" in this plea for the families, there is a small amount of satisfaction. Satisfaction in the sense that the case has come to a resolution and it is one that will allow both families to start to move on, heal, find closure, and utilize this tragedy as a catalyst for change.

Amber Dubois (Personal Photo)

While many people have not come to grips that this case is essentially over, we should all recognize that the wheels of justice do not have to turn slower than molasses. As evidenced by the Gardner plea deal: a case like this can be investigated, filed, pled, and sentenced properly in a short time if all the people are doing their job.

In the Gardner case the police did their job, the prosecution did theirs, and thankfully the defendant did his as well.

Overriding the disappointment that there is no "reciprocal justice" for Gardner (i.e. death) may prove impossible. Regardless of how you feel about the morality or practicality of the death penalty in general, I'm sure we can all pause to sympathize with the specific grieving of the parents of raped and murdered children.

The fact that the monster who did this to these two girls will still breathe every day of his life in jail must be the most painful thing imaginable. Emotionally and psychologically speaking it may take years, if ever, for the families to gain true closure. But there is some bottom line "good news" in this case: legal justice has been served and served expeditiously to Gardner!

MEDIA:
PICTURES: Chelsea King Missing
PICTURES: Chelsea King Vigil

MORE ON CRIMESIDER

April 27, 2010 - Did John Gardner Stalk 11-Year-Old Before Raping and Murdering Chelsea King?

March 8, 2010 - Is Amber Dubois' Murder Related to Chelsea King's Murder?

March 2, 2010 - Chelsea King Update: Sex Offender Stonewalling Cops (PICTURES)

March 2, 2010 - Chelsea King (PICTURES): Who is John Albert Gardner III?

Robin Sax is a former Los Angeles County Deputy District Attorney who specialized in prosecuting sex crimes against children. She is the author of several books including "It Happens Every Day: Inside the World of a Sex Crimes D.A.," "Predators and Child Molesters: What Every Parent Needs to Know to Keep Kids Safe," and "The Complete Idiots Guide to the Criminal Justice System." Sax is an instructor for the LAPD and a regular commentator on "Today," "Nancy Grace" and "Larry King Live."

Add a Comment
by dlmills April 28, 2010 9:49 PM EDT
Even though this animal is not getting the death penalty, at least he cooperated with police and lead them to Amber's remains. How many people each year are prosecuted for murdering someone with other victims that go unsolved? At least a family will have closure and know what happened, and even though it doesn't make it right, they can try to move on with their lives not constantly wondering if she's alive, what happened, etc. This is more than other families can do, and many of them will never know, and their killers may already be behind bars for life, so why not come clean and bring some closure. It's really the least animals like this can do.
Reply to this comment
by documentthisnow April 28, 2010 6:13 PM EDT
I reviewed the jail records of John Fortner detained at Twin Towers temporarily when he was supposed to be sent to Virginia for arraignment on several other charges related to criminal conspiracy, however, the Sheriff's of Los Angeles County let him go as planned by George H. W. Bush, Sr. who also died on April 25, 2010 at 4:01 p.m. CT. Unfortunately, as well, John Fortner who killed both Chelsea King and Miss Amber Dubois, murdered the detention facility check out person, a women at a gas station and a small girl of ten (10) before he crashed his vehicle headed towards Albuquerque, NM to kill an FBI Director, Marsela Gutierrez and then me in Gallup, NM. I feel bad for everyone and now George W. Bush, Jr. is stuck with all of this pending litigation against him and the submission of more litigation due to criminal conspiracy to murder and for the death of one Miss Amber Dubois who was an unsuspecting victim of this person, Guy Taylor aka John Fortner. He did cry out to Lord Jesus at the end. So it is possible for people to get into heaven after Amber forgave him.
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by documentthisnow April 28, 2010 6:08 PM EDT
I hear the complaints of many of think the killer is still alive, however, remorsefully, I have to admit that he was killed in an auto accident on April 25, 2010 and that John Gardner III will have to find out a way to get out of prison now that the true killer is already dead.
Reply to this comment
by x0xBrookersx0x April 28, 2010 2:38 PM EDT
Screw that noise...raping and killing girls..or anyone for that matter should get death no doubt. sick people like that shouldn't be allowed to breath another breath..those girls never will. UGHsdhjksdfhsdfjh s**t like this p***es me off. >:( no justice for these girls. he's alive they aren't how is that fair!!?! it's NOT. that's f***ed up..
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