David

10/26/2004 Charles Rothenberg, Nonviolent Eleventh Striker Filed under: 2004 Election California Politics Crime Law by Xrlq @ 5:27 pm Today, Bill Handel of KFI pointed out that Charles Rothenberg will be released in just over three years if Proposition 66 passes. Rothenberg, you may recall, is the sweetheart who gave sleeping pills to his six-year-old son David, doused him with kerosene, and burned him very nearly to death in a motel in 1983, all to prevent his wife from getting custody. California had no three strikes law at the time, so despite the seriousness of this crime and a string of priors dating back to 1958, Rothenberg was sentenced to a whopping 13 years in prison, of which he served roughly seven.

Following his release, Rothenberg has had multiple brushes with the law, including a count of arson that did not result in an indictment, and an attempted murder charge that ended in an acquittal. Rothenberg was arrested again in 2001 and convicted for fraud and illegal possession of a firearm. Both crimes are felonies, but neither of them are "violent" or "serious" felonies, as defined by either the existing three strikes law or the watered-down version that is Prop 66. Due to the egregious nature of Rothenberg's past crime, San Francisco D.A. Terence Halinan took the unusual step of pursuing a third-strike charge against him. That charge won't stick if Prop 66 passes, however. In fact, Rothenberg would not even qualify as a second striker, as the two "violent" or "serious" offenses - arson and attempted murder - were decided in the same court proceeding. Rothenberg raised a similar challenge last year (h/t: Jeff Lewis), alleging unsuccessfully that his current charge should only count as a second strike rather than a first. Under the new law, it won't count as a strike at all, and Rothenberg will be free to burn more buildings and attempt to murder more people within three years, courtesy of the "Three Strikes and Child Protection Act of 2004."

UPDATE (4/28/05): Turns out, he won't get a three strikes conviction after all, even without that dreadful "reform."

As a fan of Bernadette Peters, I make it a point to see anything she did. I had never heard of David Rothenberg's story until seeing this movie. It is an amazing story of triumph in a time of horrible tragedy.

This is one of the best "Made for TV dramas" I have ever seen. Bernadette Peters is fabulous as Marie Rothenberg and John Glover does an equally remarkable job as her troubled ex-husband, Charles. Matthew Lawrence does a fantastic job as David.

Anyone who enjoys a good docudrama will enjoy this one.

I think the character that plays the judge in this film says it best, I have never seen such a hideous crime or so innocent a victim. Bernadette Peters is basically known as a singer, but she does an awesome acting job in this real life horror story. What kind of an animal would pour gasoline over his six year old child and burn him over 90% of his body. John Glover said that this was the only time in his career that he was really traumatized playing a character. This movie doesn't really show why Rothenberg was so evil, but it does an excellent job of showing the horrible suffering he caused this child. Be warned, this movie is so grim that at time its almost unwatchable. An infuriating footnote, Rothenberg sentenced his son to a lifetime of disfigurement and pain, but he was released from jail after serving only six years. They have since changed the laws he was sentenced under, today he would have gotten life without parole.

Here is one of the most horrendous stories of child abuse ever put on film. "David" chronicles the horrific case of David Rothenberg, who's father Charles set him on fire in a California motel and was later sentenced to 13 years in prison (only to be released after 7). Few stories truly show the dark heart of people, especially someone cold enough to burn their child simply as a way of getting back at their spouse. The movie is unrestrained and shows us in clear detail the suffering and treatment David went through, in one heartbreaking scene the doctors show him a mirror to look at his face and he breaks down. First shown on TV in 1988, "David" has no doubt affected many. I was about 6 or 7 at the time and I remember the movie deeply affected me, to the point where I had nightmares. Be warned, this is strong material and not for the faint of heart. But these kinds of stories need to be told, because these are the kinds of movies and books that wake people up and maybe help new laws to be passed so men like Charles Rothenberg can face true justice for their hideous crimes. The performances in this film are excellent, they stick in the memory in a movie that is hard to shake away. Few TV movies have displayed such grim realism, but this is a disturbing story, and it deserves to be told without restraint. Maybe someday it will be made more widely available on DVD.

A tough topic about a dispicable coward loser who harmed his son.

This story is supposedly told through his mom and is a true story. I do wonder if the scenes with the boy and the thing called "dad" were based on any of his memories of the days leading up...?

My main complaint: why oh why did they pick Bernadette Peters to play the mom? With that babydoll voice and complete inability to act - its absolutely an assault on the senses. This was a part that required someone who could act a wide range of emotions - shock, sorrow, doubt, love, grief, anger, guilt, regret. All she could muster was a facsimile of an annoying brat having a temper tantrum.

I've enjoyed her performances in comedies. And I've seen comedic actors rise to give compelling dramatic performances, but she's simply doesn't have the talent.

The only thing saving this dated movie is the fact it's based on a true story. Her performance ruins it.