Judge Larry Goodman apologized to the family of Julie McElhiney for the sentence given Curtis Tucker, the rapist-killer of the 13-year-old girl, , a sentence that could lead to his release after serving only five years in prison
In 1974, Curtis Tucker, now 66, brutally raped and murdered 13-year-old Julie McElhiney at her home in East Oakland, California. He was not arrested until two years ago when DNA from Julie’s clothing identified him as the perpetrator. On Friday, Tucker was sentenced to 5 years to life after he pled guilty to second-degree murder. He could be paroled after serving only five years in prison.
After imposing the sentence, Alameda County Superior Court Judge Larry Goodman left the bench and apologized to Julie’s family members for the lenient sentence Tucker received. "Sometimes there's nothing I can say,” he said. “I can't imagine the pain you've gone through." Goodman, who was on the verge of tears, explained that he was bound by the (sentencing) law as it was in 1974.
The family had been highly critical of the Oakland police for zeroing in on Julie’s 16-year-old brother as the primary suspect in the rape and slaying.
Jenny McElhiney, one of Julie's older sisters, said, "I pray that we never repeat an era like the 1970s when the life of little girls meant so little and murderers walked free after five to seven years."
It is hard to believe that the brutal rapist-killer of a 13-year-old child, who should have been sentenced to death, could be freed after serving only five years in the slammer. Justice has been denied to Julie and her family, as well as to society at large.
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