Kelly Lumadue, a 33-year-old woman who was videotaped by her husband having sex with a 5-year-old boy, has been sentenced to life in prison without the possibility of parole.
Lumadue, who was 21 when she had sex with the child, said she performed those acts under duress by her husband (now deceased), a professional photographer who recorded the sessions.
The Florida woman was living in Longwood with her husband at the time, and was arrested seven years later, in 2003, when a garbage collector found the tapes and turned them over to authorities.
The child, who’s relationship with Lumadue has not been identified, reportedly has no recollection of the sex acts.
A jury originally convicted Lumadue in 2007 after watching the video tapes, only to have the judge overturn the ruling.
His reason?
The boy, now a teenager, was not a witness at her trial. He does not remember what happened. That is significant, wrote Circuit Judge Clayton Simmons, who presided over her trial, then ordered a new one.
“The fact that the defendant faces a Draconian punishment for a crime where the victim is alive and apparently living a normal life some eleven years after the criminal act, when criminals who have killed people are released from prison almost daily, makes it even more imperative that the defendant receive a fair and impartial trial . . . ” he wrote.
Hmmm, not only did Lumadue admit in court that she performed the sex acts, but the jurors saw the tapes! Are you kidding me with this?