Wednesday, December 2nd 2009, 5:25 pm
By Jeffrey Smith, The News On 6
TULSA, OK -- A Tulsa grandfather is outraged over the chance a convicted child killer could spend less time behind bars.
A Tulsa judge delayed his ruling so he could hear arguments about reducing the sentence.
A jury convicted Larry Neely of murdering 19-month-old J.J. Hall and they recommended life in prison.
J.J.'s grandfather says the judge needs to honor that opinion.
10/20/2009 Related story: Man Found Guilty In Case Of Tulsa Toddler's Death
J.J. Hall loved country music, and had big, bright blue eyes. Last summer, his body was smashed against a bedroom dresser. J.J.'s liver was lacerated, and died within minutes.
The man who was dating J.J.'s mom, Larry Neely, was arrested and charged.
"A 19-month-old baby will never know what it's like to go to school; never know what it's like to ride a bicycle, play baseball," said Clifford Weber, J.J.'s grandfather.
A year later, a jury took four hours to convict Neely of first-degree murder. They recommended a life sentence to Tulsa County Judge William Kellough.
Neely's attorney is fighting to get that reduced. Judge Kellough is thinking it over and postponed the sentencing by several days.
He has the option to split the sentence, cutting away years of prison time in favor of probation. J.J.'s grandfather says that would be a miscarriage of justice.
"The way it stands right now a man gets more time for abusing a child and twice as much time if you rape a juvenile, than you do if you just go ahead and take their life and claim it was just an accident," Weber said.
Last month, Kellough knocked five years off a 15-year manslaughter sentence against a teenager. He said a shortened sentence was in the best interest of justice.
Neely's attorney points out the jury recommendation is just that, a recommendation.
The extent of Larry Neely's criminal record is a handful of traffic violations. He still maintains J.J.'s death was an accident.
"Even the Medical Examiner stated that they've never seen this kind of blunt force trauma to a child this young, outside of it being a vehicle accident," Weber said.
According to Webster, Neely is a convicted child killer and needs to be put away for life.
Even if Neely gets a life sentence, he would be eligible for parole but not for 38 years. His formal sentencing is scheduled for Thursday morning.
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