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

_________________________
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
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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

_________________________
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
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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
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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.

_________________________
Children cannot consent; they can only comply.

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#85007 - 01/17/07 11:46 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
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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
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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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#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
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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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when you float like a cannonball - damien rice

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#85011 - 01/18/07 06:09 AM Re: What?????????? :mad: :mad: :mad: :mad:
Hauser Offline
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MaleSurvivor

Registered: 11/12/05
Posts: 2962
Loc: United States
I'm no lawyer, but, what about charging him with statutory rape? (even that charge is a sex offense in my state, he would have to register as a sex offender here).


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#85012 - 01/18/07 12:36 PM Re: What?????????? :mad: :mad: :mad: :mad:
reality2k4 Offline
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Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
A case happened here were the girl got dates muddled up in cross examination with what she told the cops.
The abuser walked free and not even put on SOR

Doesnt matter that it happened, but little kids dont remember dates like that for obvious reasons.
The justice system!! What!! Justice is there?

ste

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

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#85013 - 01/18/07 03:25 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
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Registered: 06/26/05
Posts: 1286
Loc: Toronto
It's not a perfect system but it's the best one we have. Plea bargains can be frustrating, but they are sometimes necessary; and like I said, sometimes a plea is the best possible outcome of a trial.

If it was my son and he was that young, I would probably do the same thing that these parents did. I have seen cross examinations. I would never put my son through that kind of trauma.

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

- Mel Brooks

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#85014 - 01/18/07 05:05 PM Re: What?????????? :mad: :mad: :mad: :mad:
Hauser Offline
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MaleSurvivor

Registered: 11/12/05
Posts: 2962
Loc: United States
Well all I was thinking that was that in Statutory Rape cases, it does not require the testimony of the minor, only the parents? I could be totally wrong, it just SEEMS like there would be SOME way to make this guy accountable. But I'm probably totally wrong, oh well.


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#85015 - 01/18/07 05:24 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
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MaleSurvivor

Registered: 06/26/05
Posts: 1286
Loc: Toronto
He is being held accountable. He is under probationary conditions and a protection order, and he has a suspended sentence. If he violates his parole conditions he could end up in jail. Like I said, not perfect, but better than nothing.

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

- Mel Brooks

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#85016 - 01/18/07 06:03 PM 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
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Registered: 11/18/05
Posts: 2437
if he was my 4 year old son i'd deal with the perp myself. its not better than nothing it's an insult to every survivor. does anybody believe the perp wont do it again? next time maybe he kills the kid to avoid the hassle of a messy trial. if my son was brave enough to tell then i would damn sure make sure the perp paid for what he did. if that meant putting my son on the stand then thats what would happen ,when the kids grown and looks back he would be able to say i stopped him ,now when he looks back he will see just how bad everyone let him down.andrew james remember that name i'm sure he will be in the news someday again

_________________________
its not hard to fall
when you float like a cannonball - damien rice

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#85017 - 01/18/07 09:03 PM Re: What?????????? :mad: :mad: :mad: :mad:
reality2k4 Offline
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MaleSurvivor

Registered: 07/06/04
Posts: 6838
Loc: Stuck between water, air, and ...
His folks will wrap him in cotton wool, never let him out unsupervised, his childhood will be one of terror while this beast is at large.
Nightmares, real ghosts and monsters will constantly haunt him, and when he gets older, he will indeed understand what the beast wanted of him.
Just another wasted life \:\(

ste

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

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#85018 - 01/18/07 09:22 PM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
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MaleSurvivor

Registered: 06/26/05
Posts: 1286
Loc: Toronto
Or he will get a talented therapist and make a full recovery. Give the kid some credit.

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

- Mel Brooks

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#85019 - 01/19/07 01:00 AM Re: What?????????? :mad: :mad: :mad: :mad:
melliferal Offline
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MaleSurvivor

Registered: 11/03/05
Posts: 1159
Oh, I agree completely that it would be terrible to force a four-year-old boy to testify. But the "deal" they worked out is two t's short of dropping the charges! Did they even ATTEMPT something a little more stringent? They didn't even bother to add a "don't go near the victim" clause. That's not "righteous", it's embarassing!

_________________________
Children cannot consent; they can only comply.

Oprah's resources for male survivors

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#85020 - 01/19/07 01:42 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
somebody tell me please ,whats a full recovery? if he could recover from being molested at least ten times ,he could recover from going through a trial ,no prob. he needs credit for telling ,but he needs justice even more.

_________________________
its not hard to fall
when you float like a cannonball - damien rice

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#85021 - 01/19/07 03:22 AM Re: What?????????? :mad: :mad: :mad: :mad:
Nobbynobs Offline
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MaleSurvivor

Registered: 06/26/05
Posts: 1286
Loc: Toronto
He will get justice. Right now he needs love. Get it? Do you see how the system has done the right thing for this boy? They have given him love and security. Don't hate his parents for wanting him to be safe.

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

- Mel Brooks

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#85022 - 01/19/07 04:36 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
ok safety? where were they when he was molested 10 times? i dont hate his parents ,i hate a society where perps get off for the stupidest reasons ! you cant tell me the state couldnt have charged him with something !anything ,once you turn them in its not the victims that prosecute its the state , most times even if you drop charges the state can stiil prosecute the case.i could hate his parents for not keeping him safe to begin with,but i dont .they already failed as parents its to late to keep him safe !the system gave him love and security? must be a different system .the only one who got any thing from the system was the perp!sometimes i wonder why it dont piss people off ! ten times !!remember how it felt after!?10 times 4 years old !

_________________________
its not hard to fall
when you float like a cannonball - damien rice

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