Showing posts with label Lowercase Judge. Show all posts
Showing posts with label Lowercase Judge. Show all posts

Friday, October 24, 2008

Worcester, MASSACHUSETTS

An in-vehicle"counseling" arrest.

April 3, 2008 - Tyrone Forbes, 49, an elementary school music teacher at the Seven Hills Charter School and a pastor at the Mount Sinia Church of God in Christ, was arrested and charged with seven counts of statutory rape for a sexual relationship with a 15-year-old boy.

A police officer on routine patrol spotted a pickup truck parked in the closed Bennett Field parking lot on Main Street about 1:30 a.m. Thursday. He questioned why they were at the field in the early-morning hours. During the interview, it was determined that the boy was 15 years old and had allegedly been involved in a sexual relationship with Forbes since late last year.

Police said Forbes is an acquaintance of the teen’s family.

NOT GUILTY PLEA May 15 - Forbes pleaded not guilty to three counts of unnatural statutory rape of a child. Forbes was indicted April 25.

Assistant District Attorney Joseph J. Reilly III said at the time of Mr. Forbes’ April 3 arraignment in Central District Court that the suspect had acted as a “mentor” for the boy, who attended the same church. He said church members acquired information leading them to question Mr. Forbes’ relationship with the youth and the teenager was advised to have no further contact with the teacher.
The case has been continued to June 6.

GUILTY PLEA & SENTENCING October 24, 2008 - Forbes pleaded guilty today to child rape charges. He was sentenced (sorta) to two concurrent terms of 2 1/2 years in the House of Correction with 18 months to serve and the balance suspended for three years. The judge also placed Mr. Forbes on probation for three years and ordered him to register as a sex offender.

He must also enter into treatment and to submit to GPS monitoring, according to court records. The District Attorney's office had recommended he serve the entire 2 1/2 years.
----------------------------
TT - The lowercase judge (one undeserving of the honorific capitalization of his title) was Judge Mary-Lou Rup who, apparently, thinks it's perfectly all right for a 49-year-old man to have sex with a 15-year-old boy. Her profile can be found here. Mary-Lou has been singled out before in this blog for her odd idea of justice. But that could be because the child pornographer was a teachers' union president.

Monday, October 13, 2008

Indianapolis, INDIANA

May 15, 2008 - Sheila Vazquez, 37, a teacher at the Renaissance School, was arrested, accused of sexual impropriety with a 15-year-old male student.

Renaissance School is an alternative facility for about 200 students in Grades 6-12 who are either having disciplinary problems or considered at risk of dropping out.

According to a police report, the student told authorities Vasquez first had engaged in flirtatious behavior with him.

The two eventually concocted a plan, the student told police, for Vasquez to arrange to take the student on a special lunch outing that would be described to administrators as a reward for recent improvements in the boy's classroom performance. The two intended instead to go to the teacher's home for sex, the boy told police.
Court papers show the relationship came out earlier this month when the boy was approached about an end-of-the-year field trip to Kings Island. She is on paid administrative leave.

GUILTY PLEA & SENTENCING (Sorta) October 3 - Vasquez pleaded guilty to one count and was sentenced (sorta) to two years of home confinement.
She pleaded guilty this morning to one count in exchange for a maximum eight years in prison.

Prosecutors asked for at least four years in prison, but Court Commissioner Stan Kroh gave Vasquez two years in home detention, followed by four years on sex offender probation. She will have to register as a sex offender.Vasquez, Fishers, apologized for her conduct and asked for leniency. She has three young children.
--------------------------
TT - There's a lesson here: Abuse someone else's child and then plea with a lowercase judge for leniency so you can take care of your own child. Where the heck is the justice for the victim or for his family in that??????

Especially when your read: "Vasquez arranged the trip by telling his foster parents that she was taking the student on a special lunch outing to reward him for recent improvements in classroom performance. She brought along a female student who stayed downstairs during the tryst, prosecutors said."

Tuesday, August 12, 2008

Monmouth, MAINE

It's Maine. Don't look for logic.

August 8, 2008 - Bizarrely, at a recent hearing, a judge ruled to allow a convicted sex offender, former teacher Christopher Dumaine, 40, receive letters and packages from his victim despite probation donditions that ban contact with the victim.

Dumaine's psychologist testified that those items were beneficial to Dumaine's treatment. Dumaine is currently on probation, the conditions of which ban him from being at his former workplace, Monmouth Academy, and bars contact with the victim. Dumaine's probation officer sought to have items sent from the girl returned and the state wanted to have the probation officer approve the people who supervise that contact. Both were ruled against by lowercase judge justice Nancy Mills.

Dumaine lost his certification to teach in Maine as of Nov. 20, 2007.

TT entry for Dumaine. The girl was 16 at the time of his arrest. He was married. Dumaine will be a registered sex offender for 10 years.

Friday, July 25, 2008

North Caldwell, NEW JERSEY

Mar 23, 2007 - Michelle Morano, 33, English teacher from West Essex High School has been arrested and charged with having a sexual relationship with a male student that began last year when he was 17.

According to a news release issued by the Attorney General's office, Morano's involvement with the student came to light when the Office of Insurance Fraud was conducting an unrelated investigation at the school.

New Jersey Attorney General Press Release dated Mar 23, 2007

NOT GUILTY PLEA Apr 4 - Morano pleaded not guilty. The student made the allegations while under investigation in an auto theft ring involving students at the school. (He was never charged with any offense.) The state Office of the Insurance Fraud Prosecutor filed the sexual assault complaint after interviewing the student during the course of the auto theft investigation.
Morano is married with two children. She has been suspended with pay. She posted $200,000 bail shortly after her arrest. Her attorney says, "She's confident that when all the facts are known, she will be exonerated."

SENTENCED (sorta) July 25, 2008 - Morano pleaded guilty last month to twice having sex with a 17-year-old special education student beginning in late 2006. Morano was sentenced to three years' probation instead of the one-year jail term sought by a prosecutor.

"There is a difference between justice and vengeance," said lowercase judge Donald J. Volkert Jr. said as he sentenced Michelle Morano, who sat before him with her head bowed.

The mother said her family had been pleased that Morano showed interest in their son and had promised to work with him.

"She told me she was different from the other teachers because she cared about the whole child," said the sobbing mother as Morano stared straight ahead. "We believed her. We trusted her."
TT - A 33-year-old woman preying on a special education student? That doesn't call for jail time?

Thursday, July 24, 2008

Mount Hope, WEST VIRGINIA

"My daughter did nothing wrong here." Creepy teacher, however, gets suspended sentence, home incarceration and -- FINALLY, a substantive punishment - registration as a sex offender for 10 years.

Oct 31, 2007 - Daryl Finley, 29, a Mount Hope High School Band Director, was arrested for sexual abuse by a parent or guardian. Details are sketchy at the story but the abuse apparently happened on a bus coming back from a football game.
---------------------
TT - The school rates a 1 at Greatschools.net on a scale of 1 - 10 ( 1 being lowest).
There is only one Parent Rating and that was by a student.

I am not a parent but I am a student at Mount Hope High school and I feel the school does a good job. We do have extracurricular activities and academic programs,some children just don't get involved in them.
Submitted by a student
----------------------
A Nov 15 hearing is scheduled. The student is 17.

GUILTY PLEA May 23 - Finley pleaded guilty to lesser charge of misdemeanor battery after striking a deal with prosecutors. Police alleged that he fondled the 17-year-old female student through her clothing during a Fayette County school-sponsored bus trip.

“The state will not recommend a specific sentence in this matter, and the defendant acknowledges that the state will be asking the court to find this crime to be sexually motivated,” Mann said in a May 19 letter to Finley’s lawyer, Michael Whitt.

SENTENCED July 21 - Finley was sentenced to to the maximum penalty of 12 months in jail, but lowercase judge Chief Circuit judge James J. Rowe, immediately suspended all but four months of the sentence. Rowe ruled that Finley will be allowed to carry out his sentence on a home incarceration program in Harrison County.

Rowe also sentenced Finley to five days in Southern Regional Jail and placed him on three years’ probation to begin after the completion of his home incarceration sentence. Finley must also register as a sex offender for ten years.

The victim’s father was also allowed to speak at the sentencing.“I hate to ruin this man’s life, but this can’t be overlooked,” he said. “I think it’s a pretty sad when the people we trust (to keep children safe) can’t keep their hands to themselves. My daughter did nothing wrong here.”

Wednesday, July 02, 2008

Roseville, MICHIGAN

You won't believe what her defense attorney said. Or maybe you will. But this is a new low in sleaze.
July 2 - Sentenced to 3 years' probation for sex with a teenage boy.

One time during their relationship, Batkins told him she was pregnant with his child and that she would "have it." "I was nervous, I was scared," he said

ARRAIGNED Sept 24, 2007 - Janelle Batkins, 42, French teacher at Roseville High, was arraigned a on two counts of third-degree criminal sexual conduct.

When she's old enough to be your mother.

Police said she allegedly "had an affair" with a 17-year-old boy from last summer to the end of the school year. Batkins is married, with two children, both boys.

The boy’s mother contacted the Roseville police in July after finding evidence of the relationship on her son’s computer. The teacher was in a position of authority which makes it a criminal offense.

Detroit Free Press subhead: Disturbing trend, different stigma for male, female teachers, experts say

PRELIMINARY N0v 8 - At a preliminary, the student testified. After his testimony, the judge amended the original charge of two counts of criminal sexual conduct to nine charges. Nearly 50 friends, former students and teachers showed up in court to support Batkins. [TT - which helps to intimidate the victim.] See TT - Link

She will be arraigned Nov 19.

SLEAZE, PURE SLEAZE Nov 9 - The Macomb Daily reported on the testimony with some revealing exchanges about how a teacher's lawyer defends their client.

During [defense attorney David] [Griem's cross-examination, the man said that at one point near the end of their relationship he "was feeling horrible. I was feeling it was all my fault."

Griem retorted, "It is all your fault."
Later in questioning, was this,

The man said that he had shared text messages over the computer and his phone with three of his friends, to which Griem asked if he that made him feel "important" or a "real stud" among his friends.

"No more than I already am," he replied.

The man acknowledged that he and his mother have contacted a civil attorney in connection with the case.

It was unclear by the man's testimony when school officials first learned of the relationship. He testified that he told a male teacher, but said, "I didn't get any help there."
One time during their relationship, Batkins told him she was pregnant with his child and that she would "have it." "I was nervous, I was scared," he said.
TT - reaction.

NOT GUILTY PLEA Nov 19 - A pre-trial hearing is scheduled for Dec 13. Her attorney entered a not guilty plea in the arraignment today.

GUILTY PLEA May 30, 2008 - Batkins pleaded guilty to two counts of second-degree criminal sexual conduct. While the relationship was consensual non-coerced -- and the age of consent in Michigan is 16 -- Batkins was charged under a Michigan law that makes it a crime for teachers to have sex with students, regardless of their age. She will have to register as a sex offender [for life, we hope.] Batkins will be sentenced July 2.

SLEAZE II: Her attorney said the law is faulty, but the plea agreement was the best avenue for his client.

"If it wasn't for this statute, it would have been no harm, no foul."
TT - Anyone who doesn't see the harm in a 42-year-old woman manipulating a 17-year-old boy and then allowing her attorney to claim it was the boy's fault, is, frankly, scum.

SENTENCED (SORTA) July 2 - Batkins was sentenced to three years' probation and must register as a sex offender.

Batkins waived her right to speak at her sentencing. However, her husband, Brian Batkins, addressed the courtroom filled with Janelle Batkins' family, friends and former co-workers who primarily all wore yellow, her favorite color.
The victim's mother also addressed the court with her son at her side.

"As parents, this situation has been a nightmare," said the mother, 43. "Everyone thinks their children are safe in school. This has become an epidemic of teachers having a relationship with students. She doesn't think she did anything wrong.

"As a community, we should not tolerate this."
Prosecutor Molly Zappitell said the prosecutor's office sought "incarceration" in this case, whether it was prison, jail or a tether. She said she was "very surprised" by the sentencing because of the case's circumstances. "It wasn't a one-time incident," Zappitell said. "That is a serious offense."

TT - We will look for the name of the lowercase judge™.
The lowercase judge™ is Macomb County Circuit Court judge Mark Switalski who said,
“(She’s) an ideal candidate for probation based on her lack of record and prior history,” Switalski said. “She’s clearly made a terrible mistake. She’s been humiliated and ridiculed. She’s shamed before her sons. I don’t know what the effect has been on her marriage.”
Each count is a 15-year felony. Switalski’s decision not to sentence her to jail time or put her on a tether also came down after he earlier read a report from a doctor who evaluated her. The judge did not read the report in the courtroom. “He does not view her as a predator,” the judge said
.

As for the mother, she said her son couldn’t go away to college like he wanted, electing to attend Macomb Community College.
“He can’t sleep at night. He is so irritable,” she said. “He got harassed at school, college, work.” The case attracted so much attention, the family pulled their younger son out of the Roseville Community Schools district.
TT - Picture of Batkins with her husband here. We're looking for a picture for the lowercase judge™.

A lowercase judge™ is one undeserving of the honorific capitialization of a title.

Wednesday, June 25, 2008

OUTRAGE

We've found our lowercase judge™ of the week.

It's St. Lawrence County (NY) judge Jerome J. Richards in Canton, New York, who sentenced 33-year-old Christel C. Gravlin (shown) to four months in jail - not prison - for a felony rape conviction for having sex with a 15-year-old male student.

A points formula would have classified her as a Level 2 offender, but lowercase judge™ Richards designated her a level 1 offender.

the judge cited her ongoing treatment for bipolar disorder, alcohol and substance abuse and having resigned her teaching position as the reasons for the classification.
The sexual relationship became public when she went to a basketball game at Lisbon Central School while intoxicated and announced the affair sordid sexual relationship to nearby students and spectators. Gravlin confirmed the relationship in a three-page signed statement to police, attributing the affair to depression, alcohol, prescription drugs and pressure from the boy.

(We haven't actually copyrighted lowercase judge™, but lowercase judges are undeserving of the honorific capitalization of their title for capricious and stupid decisions. )

Monday, June 23, 2008

Lisbon, NEW YORK

The judge cited “clear and convincing evidence” that she was not a risk to be a repeat offender, as she has been undergoing drug counseling and psychiatric treatment since the case came to light.


Dec 10, 2007 - Christel C. Gravlin, 33, a Lisbon High School 10th grade teacher, was arrested and arraigned on charges of rape 3rd degree, criminal sex act 3rd degree and endangering the welfare of a child for allegations of sexual contact, including sexual intercourse, with a 15-year-old male student.

Allegations became known after an incident at a high school basketball game on November 30th when an intoxicated Gravlin made statements about the sexual relationship to a group of students and others who were sitting near her. Students notified the police. Investigators contacted the parents of the teen.
Gravlin, a married mother of two is a former beauty queen, having been chosen Miss St. Lawrence County Teenager in 1990 at the age of 15 and was voted St. Lawrence County Dairy Princess the following year.

She graduated summa cum laude from SUNY Potsdam in 2003 with a degree in literature, writing, and secondary education. [TT - her children have got to be about the same age as the student.]

Lisbon is a small town near the Canadian border in upstate (way upstate) New York. The population was 4,047 at the 2000 census. Wikipedia entry.

PLEA DEAL OFFERRED Feb 21, 2008 - WWTI - Gravlin's case will nto be going to the grand jury. She has agreed to plead guilty to the charges. A guilty plea to a felony means automatic loss of her state teacher's license. Gravlin told police the sex was consensual and she felt the teenager manipulated her into having the sexual relationship.

District Attorney Nicole Duve says the anticipated plea will not include any state prison time but "there may be a probationary sentence or possibly some county jail time. Her court date is scheduled for March 3rd.

GUILTY PLEA March 3, 2008 - Gravlin confirmed the affair in a three-page signed statement to police, attributing the affair to depression, alcohol, prescription drugs and pressure from the boy.

Gravlin pleaded guilty today to one count of 3rd degree rape in a deal that will see her sentenced to no more than six months in jail followed by ten years probation. A guilty plea to a felony means automatic loss of her state teacher's license. She will be sentenced May 5th.

SENTENCING POSTPONED May 5 - Gravlin's sentencing was postponed until May 19 because she has a new lawyer. According to Fox28 WNYF, she will receive a split sentence of no more than six months in the St. Lawrence County Jail and then ten years probation. As a felon, Gravlin will have to surrender her New York state teaching license.

SENTENCED June 23, 2008 - Gravlin is serving a six month jail - not prison - sentence and 10 years probation on a felony rape conviction for having sex with the student at her home. She will have to register as a level I sex offender for the next 20 years.***
Gravlin’s classification was lowered to a Level 1 sex offender because she has surrendered her teaching license, resigned her teaching job and is seeking treatment.
*** From the story: Convicted rapist Christal Gravlin was found to be at low risk of ever sexually re-offending, but only after Judge Jerry Richards departed from a points formula that would have classified her as a Level 2 offender.

(In the same story: another woman, Kathryn Brauch, 22, was sentenced to three years in prison for sex with a 13-year-old Potsdam teenager she first met on the Internet. See her sentencing story.)
----------
BIPOLAR, TOO June 24 - County Judge Jerome J. Richards designated Gravlin a Level 1 offender, or at a low risk to commit another sex crime, despite the recommendation to classify her as a Level 2 offender. The judge cited her ongoing treatment for bipolar disorder, alcohol and substance abuse and having resigned her teaching position as the reasons for the classification, said St. Lawrence County Assistant District Attorney Rosemary R. Phillips.

Friday, June 20, 2008

Scottsdale, ARIZONA

Delayed Justice: Guilty plea to sexual conduct in the 1980s. Finalist for National Teacher of the Year on probation for life.

Sept. 1, 2007 - Paul M. Knutson, 58, a Rogers High School (Rogers, ARKANSAS) science teacher, was arrested on five felony charges, including sexual contact with a minor, furnishing obscene or harmful items to minors, possession and sale of dangerous drugs, possession and sale of marijuana and possession and sale of narcotics.

The charges date back to between 1983 and 1985 in Scottsdale, Arizona when he taught at Chaparral High School. He worked in the Scottsdale Unified School District between 1973 ad 1984.

INDICTED Sept. 4 - Knutson was indicted on felony counts of sexual assault, sexual conduct with a minor and furnishing harmful materials to a minor.

Sept. 5 - Knutson’s ex-wife in Arizona told police that someone told her about the relationship and she confronted Knutson. He admitted it. From documents released by the police, another man also knew of the relationship.

Knutson is scheduled for a hearing Oct 17 to determine whether Scottsdale police have the proper paperwork for his extradition to Arizona.

LEAVE OF ABSENCE Sept 19 - The school board granted Knutson a leave of absence.

A leave of absence is more often granted for medical reasons or for a return to school, assistant superintendent Jane Webb explained after the board meeting. Knutson won’t be paid while he’s on leave, but he could be allowed to return to work if he can resolve the legal issues, she said. No ending date was set for the leave of absence.
NOT GUILTY PLEA Nov 9 - Knutson entered a not guilty plea. A pretrial conference is scheduled for Dec 13.

INDICTED Nov 13 - The prosecutor's office formally announced the indictment of Paul Knutson. The Grand Jury handed down 13 felony counts of sexual conduct with a minor and drug-related charges.
The woman told police she decided to come forward after nearly 25 years because she is a drug addict and in counseling for her substance abuse problem. She claims that Knutson taught her how to free base cocaine, according to a police report.

Knutson’s wife left him during the alleged incidents because he told her he was in love with the girl and wasn’t going to leave her, according to the report.
At least six cases in which employees of East Valley schools face sexual-related charges involving minors are moving through Maricopa County Superior Court. [They only mention two in the article.]

Dec 16 - Knutson is scheduled to appear at a hearing on Dec. 17. (Source: East Valley Tribune database.)

GUILTY PLEA May 9, 2008 - Knutson pleaded guilty to three counts of sexual conduct with a minor for a sexual relationship he had with a female former student in the early 1980s. He will be sentenced June 20.
-------------------------------------
SENTENCED (Sorta) June 20 - Knutson was sentenced to two months in jail - not prison - and probation for the rest of his life. [Article doesn't say if it is supervised probation or unsupervised probation].
Judge Paul McMurdie of Maricopa County Superior Court said Friday he would have sent Paul M. Knutson to prison for up to three years if the offense had happened now, but he gave the teacher credit for living an exemplary life since the crimes happened.
Knutson taught at Chaparral from 1973 to 1984 and had sex with the student who was 16 and 17 from Jan. 1 1984 through April 22, 1985.

REMINDER
Ex-wife, Teachers, Principal Said To Have Known Of Relationship In 1980s (Sep 5, 2007)
A friend of Knutson's said that Knutson constantly spoke about the relationship, the police report stated. The man told police Knutson described the first time he had sex with the girl, in a storeroom attached to Knutson’s classroom.

The man also told police he and Knutson smoked marijuana together and the man believed Knutson provided marijuana to the girl.
--------------
TT - Exemplary record or not, the man deserved prison time and lovercase judge™ Paul McMurdie was wrong to give him a discounted sentence because Knutson was a teacher. At the time of the illegal sex, she was 16 years old and Knutson was 34, twice her age. What does an "exemplary life" have to do with anything? What does it have to do with justice for the victim? It's like sentence reductions for "first time offenders" where the first-time victim has the misfortune to count for less.

(The term "lowercase judge" isn't trademarked, but it does mark those judges who don't deserve honorific capitalization of their titles for their idiotic decisions.)
-----------------
CERTIFICATE(S) REVOKED
August 25, 2008 - The Arizona State Board of Education voted to revoke the teaching certificates of Paul Milton Knutson. (pg 3)

Friday, June 13, 2008

lowercase judge™ of the Week

lowercase judge™ of the Week

WINNER
The lowercase judge™ ruled that because the teacher had demonstrated remorse and a will to turn his life around, including attending counseling, he did not send him to state prison as proscribed by law.

The lowercase judge™ also ruled that he would not to register the teacher as a sex offender, which would have restricted where he could live and work for the rest of his life, because of his efforts at rehabilitation.

The teacher pleaded no contest in February to four felony counts of sexual acts with a minor and one misdemeanor count of child annoyance. The girl was 17 years old and the teacher was 30.

The lowercase judge™ is Santa Clara County (CA) Superior Court judge Kenneth P. Barnum.

RUNNER UP
When a teacher is convicted of felony Interference with Parental Custody of a Child by a jury and the maximum sentence is ten, and the sentencing judge gives the perpetrator seven years - suspended - and substitutes three years of probation, the judge qualifies as a lowercase judge™.

The lowercase judge™ is Baldwin County Circuit judge James H. Reid of Alabama.

lowercase judges™ are those who are undeserving of the honorific capitalization of their title because they bring no great honor to the law. The sad part is that the perpetrator can appeal the sentence through three court levels. Where does the victim go to appeal a ridiculous sentence?

Our candidate for lowercase judge™ of the Year remains Maui Circuit Court judge Joel August. Entry

Thursday, June 12, 2008

Fairhope, ALABAMA

Punishable by up to 10 years in prison. Seven-year sentence suspended to three years probation.

June 12, 2008 - Andrew Newton, 46, a teacher at J. Larry Newton school, was sentenced to seven hears in prison - SUSPENDED - to three years of supervised probation.

In April, a jury convicted Newton, 46, of interfering with the parental custody of a former student who he said he was trying to help escape from a troubled home life. The jury acquitted Newton on charges of solicitation of a child by computer and enticing a child for immoral purposes.

Full Name: Andrew Neil Newton

CONVICTION Apil 12, 2008 - Several teachers testified during the four-day trial, and said that Newton was obligated to tell a school counselor if he suspected a student was being abused at home.

Interference with custody is a Class C felony, punishable by up to 10 years in prison. Baldwin County Assistant District Attorney Michael Pylant said prosecutors would seek the maximum sentence.
"He was obsessing on this kid, and his parents intervened," Pylant said. "And (Newton) tried to cut them out. He was very controlling over a 14-year-old boy he had no legal right to manipulate."
The school - J. Larry Newton - is named for his uncle, a former Baldwin schools superintendent.

ADDITIONAL INFO From the Press-Register (June 13) - Not mentioned in this previous story, is that the teenager and his family testified.
The teen, his stepfather and mother testified that Newton
disrupted their lives. The teen moved to a northern Alabama city last year to escape the former teacher and the publicity, they said.

"We will never have that time back with him," his mother said.
And a colleage of Newton's also testified - on Newton's behalf.
Newton, his family and a former colleague, however, argued that the educator might have made missteps, but with good intentions. They said that Newton, a single father of children ages 19 and 13, has suffered enough by losing his livelihood and reputation.
The district attorney said that Newton has expressed no remorse and essentially blames the crime on the victim.
After the sentencing, Newton said he was relieved that he didn't have to go to jail, but remains perplexed on how he ended up spending his father's 72nd birthday at a sentencing hearing.
TT - the lowercase judge™ is Baldwin County Circuit Judge James H. Reid.

Wednesday, June 11, 2008

Amite, LOUISIANA

Another lowercase judge™ in the news with the Always Clueless Lawyers making Asses of themselves.

June 11, 2008 - U.S. District judge Stanwood Duval Jr. said he has drafted a ruling that favors the ACLU Board its lawsuit over a teacher’s prayer during a public high school’s graduation. It is the one of seven cases the ACLU has filed against the same Louisiana school district.

But the judge agreed to wait until at least June 28 to issue that opinion so a settlement could be negotiated, including an agreement for the school board to pay for the ACLU’s attorneys fees, court records show.
AND,

The case was the sixth of seven lawsuits that the ACLU of Louisiana has filed against the Tangipahoa Parish School Board since 1994, according to ACLU attorney Katie Schwartzmann. The ACLU also has sued the school board over prayers in the classrooms, at school board meetings and at footbal l games and over the distribution of Bibles on school property.
School board attorney Christopher Moody suggested that the ACLU is unfairly singling out Tangipahoa Parish because most, if not all, of its cases against the school board are based on complaints from the same family, whose names aren’t identified in court papers

The teacher was filling in for an absent student when he gave the invocation and remarks were not prepared.
---------------------- OPINION ----------------------
TT - Coercing the school district to pay the ACLU fees is lowercase judge™ U.S. District judge Stanwood Duval Jr.. Wikipedia entry

WWLT said Bobby Jindal's campaign literature referred to Duval as a 'left-wing' jurist" without actually naming Duval. Jindal was elected Governor of Louisiana. And that's kinda remarkable considering Duval's rulings on Katrina.

(We haven't actually copyrighted lowercase judge, but lowercase judges are undeserving of the honorific capitalization of their title. They do not honor the law. )

San Jose, CALIFORNIA

The lowercase judge™ ruled that because Hunt had demonstrated remorse and a will to turn his life around, including attending counseling, he did not send him to state prison as proscribed by law.

The lowercase judge™ also ruled that he would not to register Hunt as a sex offender, which would have restricted where he could live and work for the rest of his life, because of his efforts at rehabilitation

May 24, 2007 - Robb Hunt, 30, a student teacher at Lynbrook High from 2005-2006, was arrested, accused of having sex with a minor. Hunt currently teaches at Homestead High School in Cupertino.

Detectives believe there may be additional victims in other incidents.
Full Name: Robb Arlon Hunt

Anyone with information on this case or other incidents is urged to call Detective Patricia Bowers of the San Jose Police Department's Child Exploitation Detail at (408) 277-4102. Persons wishing to remain anonymous may call Crime Stoppers at (408) 947-STOP.

TT - The San Jose Police Department has online News Releases, but they are not current.

May 25 - Poster at NBC11 on the arrest:

Mr. Hunt is the best teacher Ive had in a long time. It is an unbeleivable act to accus such a good teacher of. It makes our entire class upset this had to leak out for people enjoyment. If Hunt was guilty, although highly unlikely, his life is now ruined by the medias need for scandal, this should haave been a private matter between Hunt. his students and family.
SENTENCED (SORTA) June 11, 2008 - Hunt pleaded no contest in February to four felony counts of sexual acts with a minor and one misdemeanor count of child annoyance.

He was sentenced Tuesday to one year in Santa Clara County Jail - not prison - and five years of probation for having a sexual relationship with a 17-year-old Lynbrook High School student.

Lowercase judge™ Kenneth Barnum ruled that because Hunt had demonstrated remorse and a will to turn his life around, including attending counseling, he did not send him to state prison as proscribed by law.

Barnum also decided not to register Hunt as a sex offender, which would have restricted where he could live and work for the rest of his life, because of his efforts at rehabilitation.

The Santa Clara County District Attorney's Office had pushed hard for registration. Hunt is 30-years-old.

TT- How come the guilty get to appeal their sentences but the victims do not get to appeal those lax sentences by lowercase judges™ who would rather play social worker than uphold the provisions of the law?

A lowercase judge™ doesn't deserve the honorific capitalization of their title. They bring no honor to the law.

Tuesday, June 10, 2008

Norton Shores, MICHIGAN

The only substitutes we had in high school talked about their cats or how grateful we should be to get a good education. We bet this woman would have a show-and-tell story that would keep your interest.




Feb 21, 2008 - Tamara Poole, 37, a substitute teacher at Mona Shores High School, was arrested, accused of entering homes in what appears to be an effort to steal prescription drugs.

This is the second time Poole is accused of home invasion. She was recently charged in Ottawa County and posted bond.

Feb 22 - Grand Haven Tribune: Substitutes are provided by a contract firm.

Ottawa County court records show Poole was arrested at least three times. However, two previous cases were dismissed due to "mental issues," which were being dealt with through therapy and drug counseling and rehabilitation, court records stated.

Poole has a pending second-degree home invasion charge in Ottawa County, which is scheduled for trial in July. The charge is connected to a November 2007 incident in a Grand Haven home.
Feb 23 - Wood8tv: In court records reviewed by 24 Hour News 8, it was discovered Poole was bound over for trial three months ago on the same kind of charge. She's currently on bond on that case, and faces a July trial. Yet she somehow managed to find work as a substitute teacher.

Drugs cost Poole her marriage and custody of her three children. Her husband filed for divorce in 2004 and gained full custody. In order to see them, she has had to submit to regular drug tests and get treatment. Off-camera, Poole's ex-husband told 24 Hour News 8 his main regret is that authorities were not tough enough in the beginning.

ARRAIGNED Feb 23 - After being arraigned, Poole's bond was increased to $100,000. A preliminary examination was set for March 6.

SENTENCED June 10 - Poole was sentenced Tuesday to two to 15 years in prison for second-degree home invasion and a concurrent one year for attempted second-degree home invasion in a separate case. She pleaded guilty May 13.

Muskegon County Circuit lowercase judge William C. Marietti declared he had no objection to Department of Corrections boot camp if the department finds Poole eligible. That could shorten her prison time.

TT - . Let's see some drug-crazed man get that sentence for wantonly entering homes. Or this,

Marietti stressed to her that her actions rose above the level of mere drug possession, which he called a "victimless crime."

"You have taken victims," Marietti said. "We can't tolerate in this community this type of behavior. This is a terrifying activity ... to have someone in their home. That's their space....

"You have so much to offer, and that's just what's so tragic about the whole drug scene," Marietti said.

Great Bozo comment about drugs to give in a courtroom in a case that will have the rapt interest of every student in that high school.

Monday, January 07, 2008

Child Pornography and Federal Sentencing

Those damned child advocates. And those damned law enforcement officials.

After posting the story directly below on the sentencing of Justin Gillen to 27 months in Federal prison for possession of child pornography, we looked for a story that would illustrate the difference between prosecuting in Federal courts versus prosecuting in a state court. We found this article.

Jan 7, 2008 - Many suspects caught in Michigan, but some question fairness is the title of the article in the Detroit Free Press by David Ashenfelter.

Congress adopted tougher penalties in 2003 and 2006.

Although child protection advocates and law enforcement officials cheer the new penalties, defense lawyers, psychologists and others complain that Congress and federal prosecutors are lumping those who look at child porn into the same category as sexual predators, exposing them to harsher penalties than are being meted out under state law.

Possession of child pornography and enticing a child for sex each carry a maximum penalty of four years in prison under state law. But the maximum penalties under federal law are 10 years for possession and a mandatory 10 years to life in prison for enticement.
Since 2003, tri-county sheriffs have diverted about two dozen of their 375 cases for federal prosecution.

The article hails U.S. District Judge Lawrence Zatkoff of Port Huron who sentenced Robert Michael Boyden to a halfway house, three years of supervised release and continued therapy. Boyden, a Wyandotte teacher of the year had pleaded guilty despite the plea agreement reached with federal prosecutors that called for 4 to 5 years in prison. Zatkoff thought it was unfair that those sentenced under state law should receive less time. SEE Boyden

TT - Boyden did not plead guilty in a state court. He pleaded guilty in a Federal court that called for federal sentencing.

Possession of child pornography and enticing a child for sex each carry a maximum penalty of four years in prison under state law. (TT - Which is why Congress decided on harsher sentencing.) The maximum penalties under federal law are 10 years for possession and a mandatory 10 years to life in prison for enticement.
"Sentencing a man who possesses child pornography to a term of six to seven years while a child predator receives only a 1-year jail sentence" under state law "does not promote respect for the law; to the contrary, it subjects the law to ridicule, criticism and skepticism," U.S. District Judge Lawrence Zatkoff of Port Huron said in a decision last June.
Lowercase judge Lawrence Zatkoff biographical info.

A sexual predator is defined as a person who has been convicted of or pleaded guilty to, committing a sexually oriented offense and who is likely in the future to commit additional sexually oriented offenses.

TT - To which we can only say, maybe Michigan should look at increasing penalities for sexual predators so they will do more than one year in jail - not prison. This is a list of educators who were sentenced for child pornography.

Friday, December 28, 2007

Maui, HAWAII

The predator was not a teacher, but the judge's colossal stupidity is worth noting.

Dec 28, 2007 - Mark Bennett, Hawaii's attorney general, wants tougher sentencing for Internet predators. He wrote this commentary for The Honolulu Advertiser: "Internet Predators Should Not Get Probation"

A recent Maui case illustrates why we need to change the law. Robert McKnight, 37, chatted over the Internet with one of our agents, whom McKnight believed was a 15-year-old Oahu girl. McKnight solicited her for sex, offered to be her "sexual teacher," masturbated several times on his Web cam which she could see, and described in great detail all the sexual acts he wanted to perform with her, including vaginal and anal intercourse and oral sex. He purchased a plane ticket for her to go to Maui, and he was arrested at the Kahului airport when he went to pick her up.

McKnight pleaded not guilty to the felony of electronic enticement of a child, and went to trial. A jury convicted McKnight, and we asked Maui Circuit Court Judge Joel August to sentence McKnight to 10 years in jail (the Hawaii Paroling Authority would have determined McKnight's minimum jail term before parole eligibility).

Instead, Judge August gave McKnight, who had a prior conviction for abuse of a family or household member, the absolute minimum sentence allowed by law -- probation and one year in jail. Judge August also allowed McKnight to remain free on bail pending McKnight's appeal, finding that McKnight posed no danger to any other person or to the community.

Judge August made the following comments (taken verbatim from the official court transcript) while imposing the minimum sentence allowed by law:
"It is clearly a problem which is to a certain extent cultural based. I mean, there are other cultures, not ours, where having sexual relations with young people is apparently not frowned upon."

"I mean, the last wife that Osama Bin Laden took a few years ago -- I think that was his fourth wife, all at the same time -- I believe was 14 years old. That apparently is not frowned upon in his particular culture."

"(O)bviously there are things that are driving Mr. McKnight which have caused him to, you know, fall prey to certain desires which society has determined to be inappropriate and risking the welfare of minors."
While hopefully no other Hawaii judge would have the poor judgment to believe Osama Bin Laden's alleged 14-year-old wife and "cultural differences" are reasons to give a convicted Internet sexual predator the minimum sentence allowed by law, Judge August's judicial colleagues have been similarly lenient with convicted predators.

This sends the wrong message to such predators, does not act as a sufficient deterrent to potential predators, keeps more predators on the streets and, in a very real sense, endangers Hawaii's children. Convicted Internet sexual predators need to be in jail for a long time, and those who are considering predation need to know that if they are caught, they will go to jail for a long time. That knowledge, hopefully, will deter at least some of them from targeting Hawai'i's kids.
The proposed new law is the Child and Adult Protection and Safety Act of 2008.

TT - This is the judge's official bio. Our view is that no predator should be sentenced to parole for sexual enticement or abuse of a child, whether on the Internet or in classrooms, but it happens every day. And judges who are this ignorant should never have been appointed to the bench. But, thankfully, that doesn't happen every day.

Tuesday, June 19, 2007

Grand Junction, COLORADO

This is the kind of D.A. every drug addict hopes for.




First reported Dec 30, 2006 -
Tammie Liberty Lee, (Tammie Lee also Tammie Lee Reed) 44, a first-grade teacher at Lincoln Orchard Mesa Elementary School, is still awaiting trial in connection with her 2005 arrest on charges including methamphetamine possession and check fraud after more than one year of delayed court proceedings and two additional arrests.

Her first arrest was in Oct. 2005 for possession of suspected methamphetamine and marijuana. She was placed on paid administrative leave. She was arrested again this past September for alleged methamphetamine possession and once more in October for felony theft and contempt of court. In the September arrest they had to taser her.

Lee’s most recent Oct. 27 arrest was for outstanding warrants on felony theft and contempt of court. She was fired Oct 18.

UPDATE: Jan 8, 2007 - Described as "former award winning" teacher...Lee pleaded not guilty to charges including theft, check fraud, and violation of bail bond conditions as well as to several charges of possession of a controlled substance. Trial is set for June. NOTE: KJCT is reporting that her motion hearing is set for Feb. 20 and she is scheduled for trial on March 27.

UPDATE: Jan 9 - The Daily Sentinel reports: "After more than a year entailing two additional arrests and numerous review hearings, four separate trials for 42-year-old Tammie Liberty Lee, formerly known as Tammie Lee Reed, are set to begin in late March and will last until mid-June. "

UPDATE: Mar 30 - Tammie Lee was arrested again. Tammie Lee Reed had her bond revoked by Mr. C's bail bonds. Mr. C's representatives could not comment on why the bonds were revoked citing confidentiality. Reed is still being held at the Mesa County Jail on three bonds.
Altogether it's worth more than $25,000.

UPDATE: Apr 19 - After pleading guilty to two felony charges of methamphetamine possession and theft, Tammie Lee was sentenced to probation and work release for up to two years. Eleven other charges were dropped.

Deputy District Attorney Jon Levin said Reed’s probation is not out of the ordinary for someone who previously had no criminal record.

“Even though she committed four crimes in a short amount of time, Ms. Reed, for the majority of her life, was not a criminal offender,” Levin said.

She will be officially sentenced June 18.

UPDATE May 14 -Reed was back behind bars after allegedly failing a drug test just two days after being released from jail.

Tammie Lee Reed was booked into the Mesa County Jail Sunday night after a warrant was issued for her arrest for allegedly testing positive for amphetamines.

You may remember on April 18th Reed plead guilty to theft and possessing more than a gram of methamphetamine. Under the plea agreement Reed would be on probation and work release for up to two years and would have to comply with random drug testing.

Reed is scheduled to be sentenced June 18th, however her recent arrest could jeopardize the plea deal.

UPDATE June 19 - SENTENCED Reed was sentenced to to four years on probation, 21 months of work release, 100 hours of community service and mandatory drug treatment. The newspaper quaintly put it,

Both sides of the court seemed to offer hope to former elementary school teacher Tammie Lee Reed on Monday, when prosecutors said they believe she could rehabilitate her life after five arrests and at least 21 months under legal scrutiny for a host of charges stemming from an ongoing problem with methamphetamine.
She was “teacher of the year” in 2004.

UPDATE July 25 - Reed's lawyer stepped down, citing a conflict of interest because he may be called upon to testify against her. Reed is now charged with three counts of attempting to influence a public servant and four counts of violating her bail-bond conditions. Deputy District Attorney Jon Levin said Reed could face prosecution as a habitual criminal if she is convicted of attempting to influence a public servant. A habitual criminal conviction would significantly increase any sentence involving prison time.

CATCHING UP WITH TAMMIE
June blog entry for Tammie Reed. And another one in July on the current charges of of attempting to influence a public servant and violation of bail bond conditions. She reportedly lied to a judge about attending her daughter's wedding.

Oct 25 - Reed pleaded not guilty to the charges. The trial starts in December.

TRIAL SCHEDULED April 1 - Tammie Reed is heading to trial on Friday on charges of lying to court officials. She lied about wanting to leave the state to attend the marriage of her daughter -- who, as it turned out, had no plans to wed.

TRIAL April 7 - Reed's trial is in the second day. Two more days of trial are expected before it wraps up.

GUILTY VERDICT April 9 - After three hours of deliberation the jury found Reed guilty of seven counts - three felony counts of attempting to influence public officials, and four counts on a bail bond violation. She will be sentenced May 29.

SENTENCED (SORTA) June 5 - Reed was sentenced on seven felony charges: three counts of lying to a court official and four counts of violating bail-bond conditions after being found guilty by a jury in April - to - drumroll - a four-year community corrections sentence.
Flynn said although Reed committed “serious offenses” by lying to court officials, his decision not to impose prison time stemmed from Reed’s series of clean drug tests and “because of all the positive things you’ve done in the past year,” he said.

“I think you deserve a lot of credit for that,” Flynn told Reed during the two-hour hearing, in which Reed wept the entire time.
TT - The lowercase judge is Mesa County District Judge Brian Flynn. Our favorite quote was from the District Attorney: "“If the system’s going to work and be respected by the public, people need to know you can’t come to court and lie,” Deputy District Attorney Drew Lauer said.

Trust us, people coming to court who lie don't lead to lack of respect for the system. It's the people in the system and lowercase judges who are undeserving of the honorific capitialization of the title who shame the system.