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#85001 - 01/17/07 07:57 PM What?????????? :mad: :mad: :mad: :mad:
Hauser Offline
Member
MaleSurvivor

Registered: 11/12/05
Posts: 2962
Loc: United States


http://www.benningtonbanner.com/search/ci_4998689

Man in child-sex case let go without usual conditions

The Associated Press
Article Launched: 01/12/2007 03:01:47 AM EST

Friday, January 12
BENNINGTON (AP) A man who got a suspended sentence for sexually assaulting a 4-year-old boy was released without the usual court-ordered condition that he not approach the victim, officials say.

Andrew C. James, 37, of Manchester, avoided jail because the state didn't want to go to trial with a case in which the victim would have had to testify. He was given a sentence of 30 months to five years, all suspended, with the condition that he receive sex-offender treatment.

"There's nothing in the order to require him to stay away from the victim," said David Miner, Bennington district manager for the Vermont Department of Probation and Parole. "We will tell him to, for safety reasons. But this doesn't leave us a whole lot of authority."

Bennington County Deputy State's Attorney Andrew Costello said he wasn't aware that the formal request for the condition that James stay away from the victim had not been filed.

"If he's not under sex offender conditions, that's a paperwork error," Costello said. "That will be fixed immediately."

Public Defender Frederick Bragdon, who represented James, said he wouldn't object, because the condition was part of the plea deal he negotiated with the state's attorney's office.

"That was the bargain," Bragdon said. "If the state asks for them, I would sign off on it and so would Mr. James."

James pleaded guilty Monday to a felony charge of aggravated sexual assault on a victim less than 10 years old. The victim, now five, told police James had assaulted him on at least 10 different occasions.


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#85002 - 01/17/07 08:01 PM Re: What?????????? :mad: :mad: :mad: :mad:
Hauser Offline
Member
MaleSurvivor

Registered: 11/12/05
Posts: 2962
Loc: United States
So just make sure to assault them if they're under 5 and you don't have to worry about them testifying?

As if the testimony of the mother, teacher, and other family members would not have mattered?




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#85003 - 01/17/07 08:08 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
Member
MaleSurvivor

Registered: 06/26/05
Posts: 1286
Loc: Toronto
It happens.

It was probably done at the request of the family to avoid causing the little guy any more trauma. And without his testimony, all the evidence against the perp would be circumstantial, unless there was physical evidence.

At least the perp is in treatment.

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When you go up to the bell, ring it! Or don't go up to the bell.

- Mel Brooks

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#85004 - 01/17/07 08:35 PM Re: What?????????? :mad: :mad: :mad: :mad:
reality2k4 Offline
Member
MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
Dont forget he was only a boy, a little brat.
If he were a girl, the perp would be serving time!
The kid gets a life sentence, and the sex offender course is a bit like having a chocolate fire tender,

ste

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Whoever stole the Sun, put it back and we'll drop all the charges!

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#85005 - 01/17/07 10:49 PM Re: What?????????? :mad: :mad: :mad: :mad:
duncanUK Offline
Member
MaleSurvivor

Registered: 12/24/06
Posts: 632
once again the law system has failed to protect the victim. So i take it that the perp will be out on the streets?
duncan



Edited by duncanUK (02/19/07 11:24 AM)
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you dont see me. i am not really here. Its my fault.. all of it. I am to blame and no one else.

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#85006 - 01/17/07 11:35 PM Re: What?????????? :mad: :mad: :mad: :mad:
melliferal Offline
Member
MaleSurvivor

Registered: 11/03/05
Posts: 1159
Ooh, that's nice - our crack paperwork team will fix the "mistake" and make sure this guy is ordered to stay away from the victim. He'll simply have to settle for one of all those other small boys he's NOT required to stay away from, next time he gets one of his urges.

Another mission gloriously accomplished.

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#85007 - 01/17/07 11:46 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
Member
MaleSurvivor

Registered: 06/26/05
Posts: 1286
Loc: Toronto
Guys, he was offered a plea bargain by the prosecutor to save that poor little boy from having to testify in court, and he accepted it.

Try to understand how traumatic it would be for that kid to testify in court, especially since the case probably rested on his testimony alone. If the case went to trial and the kid fell apart on the stand, the perp would have walked. And then you have a kid that is even more messed up, a perp walking free, and the public pays the bill for the whole thing.

This may not be a great outcome, but it might have been the best one possible in the circumstances.

_________________________
When you go up to the bell, ring it! Or don't go up to the bell.

- Mel Brooks

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#85008 - 01/18/07 12:16 AM Re: What?????????? :mad: :mad: :mad: :mad:
Brian Offline
Moderator Emeritus
MaleSurvivor
Registered: 05/03/01
Posts: 1563
Loc: Upstate NY
Nobby,

I can understand why the guys are upset, but I agree with you completely. This deal was done to spare the child further trauma from the legal system. The prosecutor also has evaluated the little guys ability to give credible testimony along with his ability to endure a cross examination by the defense attorney. Although it makes many of us very angry, this kind of plea deal is necessary in many cases. You never know, if the child is "forced" to testify, the family may decide to drop the charges all together to prevent further trauma. If the defense attorney was just "going after the win", he would have forced it to a trial and would have a good chance of winning with a victim that is so young and vulnerable. I hate to say it, but sometimes even defense attorneys have a conscious!

Recovery is Possible!

Brian

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Recovery is Possible!

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#85009 - 01/18/07 12:47 AM Re: What?????????? :mad: :mad: :mad: :mad:
Koveri Offline
Member

Registered: 11/07/06
Posts: 80
Loc: Dallas, TX
They should have sentenced the guy to work his a*s off and give the money to the kid for the next 15 years to give him the best help, the best education, the best life possible.

K


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#85010 - 01/18/07 05:09 AM Re: What?????????? :mad: :mad: :mad: :mad:
shadowkid Offline
WARNING from ModTeam, September 2013: user "Shadowkid" was exposed as a hoaxer. His entire online persona and stories of sexual abuse were fiction. We encourage you not to become emotionally concerned by anything you see in any of his posts. Thank you
Member
MaleSurvivor

Registered: 11/18/05
Posts: 2437
this is why they make guns. ok he got caught yeah that will make him all better,if he's free hes molesting ,i know everyone thinks im over the edge here but, 10 times?!!! it is possible to let the kid testify by video camera ,yeah tough on him ,but no jail time? c mon!not even listed as a s.a. offender?dont wanna highjack the post ,but my perp got a plea and it was just one more way i got betrayed, lied to ,royaly fucked you could say. somebody tell me what kind of message that sends to the kid? yeah at 4 he might not understand ,but dont you think he is wondering why he told? nothing but bad shit happened to him and nothing happened to the perp ,i think thats more harmfull than testifying in court. how many kids might have seen this story? wouldnt exactly make me wanna run and tell if i was being abused. the kid did everything right huh?sometimes even the right things dont work .that sucks

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