JUSTICE, TEXAS STYLE

Unlike California’s "three strikes and you’re out" law, Texas juries meet out justice on the merits of each case. Take the case of Brian Keith Balentine who was just sentenced to life in prison for shoplifting five compact discs from a Wal-Mart store.

Now, before you descent into an apoplectic mode, you need to know a little bit more about poor Mr. Balentine. 25 years ago Brian and his older brother shot to death a man trying to protect his bride during a kidnapping. The newlyweds had stopped to help with what they believed was the pair’s disabled car at a highway rest stop. The bride, who was shot twice while escaping from the Balentine brothers, survived the ordeal.

The brothers were arrested, tried and convicted and received life prison sentences. Why they were not sentenced to death is beyond belief. Worse yet, Brian was released on parole in August 2006. His brother remains in prison.

Brian has been involved in at least three thefts since his release from prison. He had completed a 30-day jail sentence for a theft in Harris County just days before he stole the compact discs in the Montgomery County city of Conroe.

The authorities in Montgomery County charged Baleninte with robbery rather than theft because he had injured a Wal-Mart security officer who had tried to detain him. And because of his murder background, they charged him with first-degree robbery rather than second-degree robbery. After learning of the murder during the sentencing phase of the trial, a wise jury gave Brian a life sentence.

Brian’s parole has yet to be revoked, but when that happens as it surely will, the original life sentence is to be served consecutively with the latest life sentence. That is what the judge in Montgomery County ordered to ensure that Balentine will never again see the light of day outside the prison walls.

Balentine pleaded for leniency because, according to his reasoning, he had already paid his debt to society. Some nerve! Of course, neither the jury nor the judge were swayed by that farfetched absurd argument.

Life for five discs. OK, so you didn’t go apoplectic. But you’re either laughing or shaking your head in disbelief. Well, you go right ahead ‘cause that’s Texas justice and, by God, it works!