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« The Daily Kos: "The Bob Shrum Of The Internet" | Main | Some Iraq Posts »
August 04, 2005

Judge Throws The Book At HIV-Positive Lawyer For Soliciting Sex On Internet From, And Then Forcibly Sodomizing, 14-Year-Old Boy

If by "the book" you mean "90 days in jail."

Ninety days in jail. For solicitation of a minor. Plus forcible sodomy.

To be fair, this might not be what we think of actual rape; maybe it was consensual but the statutes don't allow for consent at that age, and thus deem sex with a 14-year-old "forcible." It's rape one way, a vicious violation the other way; still seems like the bastard should get more than 90 days.

Oh yeah-- and whatever it was, he exposed the kid to HIV, too. Just as a little added bonus.

And the judge said he was imposing this, um, draconian sentence because he "expected more from a lawyer."

Ergo, he would have given a non-lawyer less time in jail for soliciting sex with a minor and knowingly exposing him to HIV infection.

Judges

If we're not pissing you off, then by gum!, we're just not doing our jobs right.


posted by Ace at 07:31 PM
Comments



I sorta thought this was worth a bit more time, like years. And a disbarment.

Silly me.

Posted by: david on August 4, 2005 07:35 PM

Must've been an ACLU lawyer.
That sort of thing is almost expected from them.

Posted by: DaveP. on August 4, 2005 07:46 PM

GRRRRRRRRRRRRRRRRRRRRRRR

I surely hope that someone has filed a bar complaint in Utah.

Posted by: ArrMatey on August 4, 2005 08:01 PM

Breaking news:

Michael Jackson relocates Neverland to Utah.

Posted by: BumperStickerist on August 4, 2005 08:01 PM

Johnson, 51, who met the boy in an Internet chat room, is not a pedophile or a predator, according to defense attorney John Caine. "But he has had some lapses in judgment."

That's it. We have officially slipped though the dimensional portal to Bizarro-Earth.

In a just world, the parents of this kid would have every right to beat this perp, his attorney, and the judge, to death.

Posted by: Log Cabin on August 4, 2005 08:15 PM

Unbelievable. Unfortunatly this madness isn't confined to the US. Some years ago (20 i believe) here in Portugal a judge aquited a couple of guys charged with raping two Swedish tourists who were sunbathing topless because, and i'm quoting from memory here "they should be aware they were on the hunting grounds of the portuguese male".

Posted by: madne0 on August 4, 2005 08:38 PM

"expected more from a lawyer."

Sir,

Actually, this, just like the sentence, is exactly what I expect from lawyers.

rcl

Posted by: rcl on August 4, 2005 09:10 PM

madneo, I'm 1/2 Portuguese and I am only mildly surprised.

Portuguese seem to range between Englishman-civilized and utter neanderthal.

You never know what you're going to get, with that crew.

Posted by: lauraw on August 4, 2005 09:52 PM

Johnson, 51, who met the boy in an Internet chat room, is not a pedophile or a predator, according to defense attorney John Caine. "But he has had some lapses in judgment."

If I were this boy's father I might find it necessary to have my own "lapse in judgement" regarding the proper use of a baseball bat.

Posted by: The Warden on August 4, 2005 09:53 PM

DaveP:

"Must've been an ACLU lawyer.
That sort of thing is almost expected from them."

Could be a RIGHT-WING, "activist judge". Don't believe it's possible? A freaking Conservate Federal Judge in KC, MO; Judge Dean Whipple, set a CONVICTED pedophile free today moments after a jury convicted him of trolling the Internet, searching for children to molest.

The KC Star story is the subject of my post today if you don't believe me. Activist judges exist from BOTH sides of the aisle. Don't fool yourself into thinking differently.

Posted by: Gun-Toting Liberal on August 4, 2005 10:02 PM

desculpe, no faolo Portuguese

Posted by: Dave in Brazil on August 4, 2005 10:06 PM

ACE, did you ever read Larry McMurtry's "Lonesome Dove" or see the made-for-TV movie, both of which are classics in the genre? There was a symmetry in Western-style justice. I think Texas Rangers Woodrow Call and Augustus McCrae would have found an appropriate way to render justice and in the aftermath of their controlled rage neither of us would be fretting about this pedophile going unpunished and getting away with his perversions. A splintered fence post would do for starters.

Posted by: B.A. Higgins on August 4, 2005 10:19 PM

lauraw: Unfortunately, you are right. I like to think our neanderthal personas come from 30+ years of reactionary isolationist rule by Salazar and his ilk. That, combined with the typical latino macho bullshit has our culture trapped in 16th century territory. have evolved since then though...except when were talking about soccer. Then it's 110% neanderthal country ;)

Dave: it's "desculpe, não falo Português"
It's one hell of a dificult language.

Posted by: madne0 on August 4, 2005 10:23 PM

Crap. It's "had our country trapped", not "has".
Preview is my friend.

Posted by: madne0 on August 4, 2005 10:24 PM

ACE, did you ever read Larry McMurtry's "Lonesome Dove"

Best description of a gunfight I have ever read.

Posted by: Michael on August 4, 2005 10:44 PM

I've got one almost one better. The kid who raped the dog. So sorry--I think I found it on Malkin's website? I think the kid was 16 or 17--and "ill" they suppose. "Very strange" is how I think he was described. The kid did it on the front porch of a neighbor's, I think. Somewhere. The police arrested the kid. I'm sure he is being "observed.". The dog--died. She just curled up, wouldn't eat or drink, became very lethargic and withdrawn--and died. What the hell is going on people!?
WHY AREN'T WE HAVING A REVOLUTION for Pete's sake? Isn't anybody going to say anything? Are we all just going to sit here and act as if everything is normal? I am sitting here hiding behind my keyboard when I should be in the middle of the street shouting my head off! I don't want the ACLU sueing on my behalf--thank you very much--for inspecting bags in NY! I want them to check all the bags, and satchels, and lunchboxes and pockets of the people who ride the subway. And the people at the grocery store! I drive down the freeway in Fresno, mind you (I moved here from the South Bay in Los Angeles County) and I wonder who is going to pull up beside me and put a bullet in my ear. Just to say "I did it" and have their three minutes of fame. I write letters, my congressmen and senators (I've got Boxer and Feinstein--sheesh. Wouldn't trade them for a Kerry and a Kennedy though...) I comment on blogs. I sign petitions. I vote. Has anyone else noticed the increase of violent crime particularly against children? Has anyone noticed that the NY Times is not investigating Bush's nomination to the Supreme Court--John Roberts. The NY Times is investigating the adoption of Judge Roberts' children. Excuse me, but who in the F--- do you think you are? Have you noticed that Air America is involved in a huge financial scandal for taking money from funds earmarked for children and people with Alzheimer's and there is barely a blip about this story on the MSM. And where are Al Sharpton and Jesse Jackson? Our guys and gals are PUTTING THEIR LIVES ON THE LINE and we allow traitors to refer to THOSE WHO SERVE as Hitler's Youth, or running a gulag at GTMO. If you think it's so bad down there why don't you Adopt a Detainee. Oh no! Not in my backyard. We've become a bunch of slothful, glottonous , greedy, entitled folks. Soddam and Gemorrah...And as long as I sit on my ass and hide behind my keyboard, I am doomed. And as long as you sit there and do nothing but read blogs--so are you. God help us all.

Posted by: Pam on August 4, 2005 11:16 PM

This happened in Utah?

Hmm. I wonder if the judge and the defendant might possibly be members of the same (ahem) church?

In that part of the country, a funny handshake can get out out of all kinds of shit.

Posted by: Scott Free on August 4, 2005 11:45 PM

Who says the judge didn't throw the book at this guy?

OK, so the book he used was "Famous Jewish Sports Figures", but hey, it's still a book, right?

This kind of shit is going to lead to people killing accused molesters instead of calling the police - I know it already happens, but it will become more & more common, mark my words.

Posted by: Russ from Winterset on August 4, 2005 11:56 PM

I wonder if he would've gotten more time if it was a girl.

Posted by: Karol on August 5, 2005 12:38 AM

I spent four years working an adolescent psych unit, elbow deep in kids that had been truly messed up. Ever since then I've been dead certain that rape and molestation need to be treated, at a minimum, on a par with murder. None of those kids will ever be the same and to watch them tear themselves apart over something they had no control of was all I could handle. For a number of them, I had the impression the pain they were suffering was worse than death. They tortured themselves, mentally and physically, b/c of some worthless pile of excrement. For many, the ones without a strong family, left to the system, there really wasn't much hope. That judge and others like him should have to see, first hand, the effect bastards like that can have on the innocent. It's all too abstract for them and that needs to stop.

Posted by: TheDude on August 5, 2005 12:57 AM

The judge is just being "tolerant" of this fellow's "diversity". I see no problem here [snort]

Posted by: tony on August 5, 2005 01:38 AM

Self-Deluded Liberal: Listen, just because the ACLU considers the right to dig some hot man-on-boy action as essential to the liberty of this nation of mine dosen't mean that you shouldn't try to defend their child-molestor-worshiping asses. That's your right as a liberal, to kneel and open wide for some hot lawyer-lovin'.
Who knows, they might invite you along on their next DNC fundraiser.
Bring your kids...

Kinda cool how you define 'applying the Constitution as it was written and not distorting it for political advntage' as "judicial activism from the right". Kinda boils your whole 'tude.

Posted by: DaveP. on August 5, 2005 07:15 AM

I'm not jumping to any conclusions about this sentence until we've heard the official reaction from the Page 9 guy and his 32" uncorked PROVINCETOWN SLUGGER OF LIES.

Posted by: Paul Zrimsek on August 5, 2005 07:38 AM

PZ--is that page 9 dude with the bat Jeff Gannon?

Posted by: See-Dubya on August 5, 2005 07:41 AM

When are cases like this going to be tried as attempted murder?

Posted by: burnitup on August 5, 2005 08:05 AM

The judge was a former Cahtlic priest???

Posted by: Madfish Willie on August 5, 2005 08:17 AM

Johnson claims he is "always naked at home," and that he answers the door in the nude when receiving postal and pizza deliveries.

The prosecutor also claimed that when, as part of a pre-sentence evaluation, Johnson's sexual proclivities were tested with a device that measures blood flow to the penis, Johnson tried to defeat the test "by flexing and relaxing his pelvis muscles."

Sometimes I just want to move to the hills, sit on my front porch with a shotgun and pepper any trespasser's ass with buckshot.

Posted by: compos mentis on August 5, 2005 09:09 AM

compos, LOL!

Posted by: lauraw on August 5, 2005 09:34 AM

Reading between the tea leaves, while the initial charge included forcible sodomy, it looks like the charge he plead to was "merely" consensual sex with a minor. Like it or hate it, but judges have to sentence a person based on the offense that they are convicted of (not what they were charged with at first). I would also wager that the judge's punishment was lessened by a general realization that the lawyer's going to lose his license (though for how long is an open question, sadly).

I *hope* the lawyer gets disbarred, but who knows.

Frankly, I probably would have been a lot harder than 90 days in the pokey, if for nothing else on the whole YOU GAVE THE KID AIDS, JERK! theory.

Posted by: NickS on August 5, 2005 09:36 AM

This happened in Utah?

Hmm. I wonder if the judge and the defendant might possibly be members of the same (ahem) church?

In that part of the country, a funny handshake can get out out of all kinds of shit.

"Won't someone help the poor widow's son?"

Posted by: Joshua Martin on August 5, 2005 09:44 AM

Out of control lawyers and judges? How about a judge who gives 60 days to a public official who steals $2 million in a bribery case in Youngstown Ohio - and he just happens to be the same judge who just had a blogger thrown in jail for supposedly being a paper terrorist! The prosecutor promised to reduce the charges to a misdemeanor if the blogger stopped writing his on his blog!

Posted by: Valed on August 5, 2005 11:03 AM

What's wrong with all of you people? Kinsey said this was all perfectly fine and natural and that children should be able to express themselves sexually with older partners.

Scientists have done recent peer-reviewed studies and found this activity to be marvelously healthy for both the adult and the child.

And of course, there is no God, so only moronic backwater hicks and stupid Jews would believe what Moses and Jesus would say about morality. Please, those guys probably didn't exist anyway, and even if they did it was waaay to long ago to be applicable to today's society.

Really now, if sexuality is inborn and innate, and children are sexual beings from an early age, and objective morality is merely an illusion (because we are just animals, after all,) what's wrong with a little bit of NAMBLA action?

/devil's advocate

Posted by: Sue Dohnim on August 5, 2005 11:11 AM

Another story, along similar lines. This has been all over the local news.

A jury this week convicted Mission Hills lawyer Jan Helder, but minutes later U.S. District Judge Dean Whipple acquitted him. The defense successfully argued that breaking the law requires actually enticing a minor — not enticing a Platte County deputy pretending to be a minor.

Posted by: apotheosis on August 5, 2005 12:18 PM

They had the goods on this guy and they let him plea it down?? How the hell does that happen??
Further, the attempted murder charges are dropped after the kid tests negative for HIV?
That's like dropping the charges because the bullets missed the intended victim!
It doesn't change the intent!
I'm with Pam...
Time to take it to the streets.

Posted by: Uncle Jefe on August 5, 2005 12:37 PM

TheDude

As a long time member of AA I have seen the tragic results of rape, molestation and in*est (stupid blocker!) I'd estimate that at least 50% of all AA members admit to having been molested, raped or had inc*st at very young ages. And this is only the ones who will talk about it! I suspect the number is much higher for women. And the perpatrators are not only men, a surprising amount of women inflict these acts upon both genders. TheDude is quite right, the results are terrible beyond description and warps them in ways that only God can heal, and they will carry their scars to the grave.

We certainly do need to take this problem far more seriously in the justice system, it is a plague upon the world that we are just beginning to become aware of.

Posted by: 72 Anonymous Alcoholics on August 5, 2005 02:16 PM

We need to scrap the comittees they put together to analyze piddly shit like what color to paint the Senate chambers and use the money saved to round up some experts to think of new and more painful ways of torturing sick fucks like this guy. Maybe they can be used as biological weapons -- give 'em Ebloa or something and drop 'em into the middle of enemy territory. I'm not the expert here -- maybe we can find somebody from Saddam's former regime to help us out? Something as easy is death is way too good for these fuckers.

Posted by: James on August 5, 2005 02:42 PM

James,

To be honest, at the hospital we frequently contemplated what these individuals deserved as punishment. We nicknamed it the S.S., and no it was not a fascist organization. It removed the skin from a particularly sensitive area. I know that will make every guy cringe, but that's why we liked the idea when it came to dealing with perverts.

Posted by: TheDude on August 5, 2005 02:53 PM

http://www.kshb.com/kshb/nw_local_news/article/0,1925,KSHB_9424_4006689,00.html

Posted by: Louis on August 30, 2005 02:38 PM
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