Prosecutor Won't Comment On Fairness Of Blackham Sentence

Jessica Blackham stood before Judge Ned Miller on Wednesday at the mercy of the court, having pled guilty to inflicting great bodily injury on a child for giving birth to a newborn baby and leaving him in a toilet at the Bi-Lo Center almost two years ago.

Blackham faced a possibly steep sentence, a maximum of 20 years in prison.

Instead, Blackham walked out of the courtroom having dodged any prison time. She isn't exactly a free woman — Miller sentenced her to five years in prison suspended to one year of house arrest, counseling and three years probation. 

But after looking down the barrel of a two-decade sentence for a felony that does not provide the possibility of parole, home detention represented exactly what Blackham's attorney hoped for — a sentence that included no jail time. 

Deputy Solicitor Betty Strom refused to comment on the fairness of Miller's decision, only saying that the state was pleased that they were able to get Blackham to plead to the felony charge of inflicting great bodily injury upon a child. Strom said multiple times that the sentence was solely the decision of the judge. 

"I don't comment on whether a sentence is fair or unfair. Those decisions are up to a judge," Strom said. "People can look at it differently. We presented the facts of the case. We had her plea to the higher of the two charges."

Blackham told Miller she couldn't remember why she left the child sitting in the toilet, and insisted she didn't know she was pregnant. 

"This is a case where she did not ask for help," Strom said. "I mean, had she gone out and requested assistance, told someone about this, we'd be in a totally different posture."