Teen should have been in jail

December 5, 2008 8:27:34 AM PST
A series of missteps in the legal system allowed a 19-year-old man to be free at the time a Rusk County child was killed when he should have been behind bars as part of a condition of probation for a felony, according to a newspaper report. Blaine Milam, and Jessica Carson, 18, were arrested Tuesday and face capital murder charges for allegedly beating to death Carson's 13-month-old toddler during an "exorcism." Investigators think the couple used a hammer to "beat the demons out" of her. Authorities said the toddler, Amora Bain Carson, was also bitten more than 20 times. They are jailed in lieu of a $2 million bond for each.

According to court documents obtained by the Tyler Morning Telegraph, Milam was sentenced by state District Judge Clay Gossett to 180 days in jail as part of the probation conditions agreed upon on Aug. 22 for a second-degree felony criminal solicitation of a child.

That sentence, if followed, would have had Milam behind bars until February. Those conditions also prohibited him from being around children except his own biological children or siblings.

Officials also confirmed that Milam had failed to register as a sex offender in Rusk County and had not changed his previous address from Longview.

Rusk County District Attorney Michael Jimerson and Gossett both indicated that anytime a sentence is ordered as part of a probation agreement, the confinement period is to be served before the person began their probation.

"It is what we refer to as upfront time," Jimerson said.

Neither man would comment on the specifics of the baby's death, but did say one could conclude that Milam should not have been out on the streets at the time of the murder and should have been behind bars.

Rusk County Sheriff's Chief Deputy Darryl Norris said records indicate Milam only served 48 days on work release, meaning Milam went to work each day, but was locked up in the Rusk County Jail each night.

He then stopped returning.

He was serving time for breaking into a home in March 2007 and leaving obscene notes in the bedroom of a 13-year-old girl, whom he never had physical contact with, according to William Brown, Rusk County District Attorney investigator.

"He went through her underwear drawer and then took adult magazine pictures he cut out and wrote obscene notes on the pictures telling her how he would like to perform each act with her," he said.

Brown said Milam was charged with criminal solicitation of a minor. Gossett said had he known about Carson and her child, Milam would have been ordered to stay away from the baby.

Jimerson said Thursday that the death penalty is being contemplated.

The child's body has been sent to Dallas for an autopsy.

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