Monday, December 22, 2014

There Is No Doubt He Did It But...

This one is going to be very involved but stay with it. I know you can handle it.

Here are the facts...

  • We have in my neck of the woods a Former Boy Scout Leader who is accused of sexually molesting Boy Scouts.
  • He was arrested in July 2008.
  • A total of 17 children have come forward to accuse him.
  • Included in the 17 are his own children.
  • Evidence shows that the accused sexually molested the children, took inappropriate pictures of them & many of them were rendered unconscious.
  • The molestations took place over a period of 13 years (1995 to 2008).
  • The case has been winding its way through our Crack Judicial System.
  • He has had many lawyers.
  • Eight different judges have recused themselves from the case.

This convoluted court journey ended on December 18, 2014... At least it temporarily ended...

  • The current defense lawyer agreed to a Bench Trial (no jury...just a judge).
  • The judge found the Boy Scout Leader guilty on 31 of 32 indictments.
  • He has been sentenced to 2 Life Sentences plus 10 years (only a lawyer can understand this).
  • The defense did not challenge the validity of the state’s case but did not plead guilty either (only a lawyer can understand this).
  • This means he did not admit he committed a crime but he admitted to all the facts that constitute the crime (only a lawyer can understand this).

Here is the legal maneuvering that made the use of the word “temporarily” above meaningful...

  • On two occasions, there have been attempts made to get the Court of Appeals to review rulings that had previously been made on several pretrial motions.
  • The Court of Appeals has declined to review these rulings until after trial.
  • The Current Defense Lawyer agreed to the bench trial in an effort to find the most efficient way of bringing this case to the Court of Appeals.
  • The Current Defense Lawyer says he is confident that he will prevail on appeal and they will return for a jury trial in the upcoming year.
  • If Our Boy Scout Leader had pleaded guilty, he would have waived his right to appeal.

Here is the awful part of what happens in our Judicial System...

The Defense Lawyers delayed, obfuscated, objected and appealed for all these years (arrested in 2008) & the referenced “pretrial motions” have to do with Constitutional Speedy Trial Claims.

In other words, they delayed the proceedings so that they could later claim that the proceeding had been delayed.

Justice Delayed Is Justice Denied... We have met the enemy & he is us.

Would I kid u?

Smartfella

(492)

Lagniappe: After this guy gets acquitted he will probably sue for Unjustifiable Removal from His Boy Scout Leader Position &, of course, Mental Anguish & Pain & Suffering.

2 comments:

Anonymous said...

First kill all the lawyers?

Anonymous said...

I just read in the paper where the BSA was sued by those boys that were molested and they won a judgement of $132 Mil if my memory serves me correctly. Also the BSA is being sued by Gay Rights activist because the BSA will not allow gays to act as Scout leaders......I wonder why???