By JOSH FUNK
The Associated Press
Tuesday, July 17, 2007; 10:45 PM

OMAHA, Neb. -- A judge had valid reasons for sentencing a 5-foot-1 sex offender to probation, even though she cited the offender's height as part of her rationale, the Nebraska Court of Appeals ruled Tuesday.

An examination by a clinical psychologist and the results of a test used to determine the risk that Richard W. Thompson would reoffend both indicated that Thompson, 52, is neither a pedophile nor a sexual predator, the court said.

District Judge Kristine Cecava of Cheyenne County sentenced Thompson last year to 10 years of probation for sexually assaulting a 13-year-old girl.

"So I'm sitting here thinking this guy has earned his way to prison, but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison," Cecava said in court, according to a court transcript of the hearing.

The sentence prompted national criticism. Attorney General Jon Bruning appealed the sentence to the Nebraska Court of Appeals and sought a prison term for Thompson.

The appeals court said the only way Cecava might have erred was in failing to provide a detailed explanation of her sentence. The probation officer who prepared a pre-sentence investigation on Thompson recommended probation, the court said.

"Such failure caused the trial judge's brief mention of Thompson's small physical stature to become the focus of attention, when in reality it was but a minor point," the court said.

Bruning said he planned to ask the state Supreme Court to review the appellate court's ruling because he believes sexual assault of a child is a serious offense that warrants jail time.

"The law does not impose a height requirement for jail," Bruning said.

Thompson's lawyer, Clarence Mock, said the problem in this case was that people jumped to conclusions without knowing all the details. Thompson is doing well and has abided by the terms of his sentence, Mock said.