James Thompson and Cassandra Riediger, along with their attorneys, listen as Barnes County Detective Mark McDonald testifies during a sentencing hearing Tuesday. (Steve Browne/VCTR) 

By Steve Browne
Valley City Times-Record

    James Lee Thompson 27, and his girlfriend Cassandra Riediger, 19, were sentenced Tuesday, May 27, for the death of Thompson's 14-month-old son Marcus, who died Sept. 15, 2007, of malnutrition and neglect while in the couple's care.
    Judge Mikal Simonson sentenced Thompson to eight years incarceration and Riediger to three years, with both granted credit for eight months time served. After their release, both will be required to register as offenders against children.
    “This is one of those instances where the court needs to focus on punishment,” Simonson said.
    Barnes County State's Attorney Brad Cruff had asked for the maximum penalty of 10 years for Thompson and five years for Riediger.
    Thompson pleaded guilty under the terms of a plea agreement to Class B Felony Abuse or Neglect of a Child.  Riediger pleaded guilty to Class C Felony Negligent Homicide. Both were originally charged with murder.
    Cruff cited Thompson and Riediger's lack of acceptance of responsibility for Marcus' death in asking for the maximum term of imprisonment. Cruff did not ask for fines or probation in either case, though the child's mother Michelle Noch, 26, asked for a headstone as restitution.
    Cruff said since they didn't know the cost of a headstone, it wasn't appropriate to ask the judge for an indeterminate amount, but there might be a restitution hearing at a later date.
    Thompson chose to make a statement at sentencing, “I accept full responsibility for this. I didn't have any training as a parent and I thought I could get by with common sense. I didn't realize that it took more than common sense.”
    Riediger did not choose to make a statement, but her attorney Richard Linnerooth argued she was not fully responsible for Marcus' death and that prior to a recent change in the North Dakota Century Code, she would not have been held accountable at all. Before 2001, the Century Code did not allow the law to charge anyone in the house who was not a parent or guardian for child neglect, according to Cruff.
    “We have to go with the law as it is at the time,” Cruff said. “I don't think that's a legitimate argument.”
    Asked if he thought the sentences were appropriate, Cruff said, “I'm not surprised by the outcome. It's a tough situation, there's no appropriate sentence under the circumstances. There's no good outcome to this type of case.”
    Cruff said that with time served and good time credits while serving, Thompson could be released in about six years and Riediger in two years.