[Vision2020] Sentence Appropriate?
Paul Rumelhart
godshatter at yahoo.com
Mon Jun 21 22:49:04 PDT 2010
Are you saying that I'm directing anger and insult at people? I'm not
the one outraged because this guy didn't get a harsher sentence, despite
our ignorance of the facts.
All I'm saying is this:
1. We don't know shit about what actually happened here.
2. That leaves open the possibility that he isn't evil incarnate.
and, as a separate issue not involved with the above,
3. I don't happen to agree with the thought crime aspect of the
enticement law.
That's all. My apologies if you think I'm angry and trying to insult
you. I'm just frustrated because I feel like I've been trying to get
the above across like 15 times and no one is listening.
I do know that predators like you describe exist. My point is that we
don't really know that he was one of them. This kind of subject is so
emotionally powerful that I think it's wise to try get people to take a
step back and not let themselves get whipped up into a fury without
knowing the facts of the case. It never makes me friends, but like the
stupid son of a bitch I am I keep trying.
Paul
Saundra Lund wrote:
> Paul, in spite of being kind of taken aback by the anger and insult directed
> at those who don't agree with your opinion on this (contrary to your
> opinion, you *don't* corner the market on rational thought here), I'm going
> to don my Kevlar suit and comment.
>
> You seem to be operating under the impression that this creep was arrested
> because of his thoughts when ***nothing*** could be further from the truth:
> he was arrested because he sent sexually explicit text and pictures to
> someone he believed was a young girl, for Pete's sake. Would you have
> preferred that he was successful in his efforts?!? Personally, I thank God
> it was a cop on the receiving end of his putrid communications rather than a
> 13-year-old girl.
>
> Now, maybe you've been living under a rock or just haven't bothered to
> educate yourself about the peril in cyberspace to our children from
> pedophiles like this, but the threat is very real and creeps like this guy
> cause very real harm to children every single day. If you don't believe me,
> try hanging out online and pose as a 13-year-old girl -- or boy -- yourself.
> The absolutely ***filthy*** crap I got when I tried it was a real
> eye-opener.
>
> Or, check out:
> http://www.perverted-justice.com/
> [WARNING: the site contains chat transcripts of pedophiles sending sexually
> explicit text and pictures to who they think are children.]
> Regardless of what you think of their actions, the chat transcripts should
> provide you with the education you clearly seem to be lacking.
>
> And, I don't give a *rip* where he encountered this person: as soon as
> "she" identified herself as a 13-year-old girl, he was ***way*** over the
> line in sending her sexually explicit text and pictures.
>
> I think the sentence was a travesty, an absolute joke, and part of the
> problem of child sexual abuse in this country. If the courts minimize the
> crimes, as this sentence shows, is it any wonder other segments of society
> don't take it seriously? During the sentencing of another local pedophile,
> I actually heard a judge comment from the bench in explaining his leniency
> that the fact that the offender had been homeschooled years before the
> offense had sheltered him so that his emotional age wasn't what it should
> have been. <snort> That's the way to encourage child victims to come
> forward, don't you think?
>
> This is what passes in Latah County as justice for crimes against children
> here, and it's a damn embarrassing shame.
>
>
> Saundra Lund
> Moscow, ID
>
> The only thing necessary for the triumph of evil is for good people to do
> nothing.
> ~ Edmund Burke
>
> ***** Original material contained herein is Copyright 2010 through life plus
> 70 years, Saundra Lund. Do not copy, forward, excerpt, or reproduce outside
> the Vision 2020 forum without the express written permission of the
> author.*****
>
>
>
>
> -----Original Message-----
> From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
> On Behalf Of Paul Rumelhart
> Sent: Sunday, June 20, 2010 9:30 PM
> To: Art Deco
> Cc: Vision 2020
> Subject: Re: [Vision2020] Sentence Appropriate?
>
>
> The question of the legality of this defense in this case aside, how is
> this not thought crime? If the defendant claimed that they did not
> believe that the person they were corresponding with was really a
> 13-year old girl but decided to "go along with it" for the excitement
> such a fantasy might give him, how would they be able to determine
> otherwise?
>
> Paul
>
> Art Deco wrote:
>
>> "A Moscow man who *pleaded guilty* to enticing a child over the
>> Internet..."
>>
>> Heustis was represented by Chuck Kovis, a very able trial/defense
>> attorney. If the argument you presented given the evidence presented
>> at court really raised a reasonable doubt, it is highly probable that
>> Kovis would have earned a not guilty plea.
>>
>> Here is the statute:
>>
>> 18-1509A.Enticing of children over the internet -- Penalties --
>> Jurisdiction. (1) A person aged eighteen (18) years or older shall be
>> guilty of a felony if he or she knowingly uses the internet to
>> solicit, seduce, lure, persuade or entice by words or actions, or
>> both, a minor child under the age of sixteen (16) years *or a person
>> the defendant believes to be a minor child under the age of sixteen
>> (16) years* to engage in any sexual act with or against the child
>> where such act is a violation of chapter 15, 61 or 66, title 18
>> <http://www.legislature.idaho.gov/idstat/Title18/T18.htm>, Idaho Code.
>> (2) Every person who is convicted of a violation of this section
>> shall be punished by imprisonment in the state prison for a period not
>> to exceed fifteen (15) years.
>> (3) It shall not constitute a defense against any charge or violation
>> of this section that a law enforcement officer, peace officer, or
>> other person working at the direction of law enforcement was involved
>> in the detection or investigation of a violation of this section.
>> (4) The offense is committed in the state of Idaho for purposes of
>> determining jurisdiction if the transmission that constitutes the
>> offense either originates in or is received in the state of Idaho.
>>
>>
>> I think this matter of virtuality has been before an appellate court
>> before and has withstood a challenge.
>>
>> Notice in my comment I said "attempting to entice a *virtual *13
>> year-old girl"
>>
>> W.
>>
>> ----- Original Message -----
>> *From:* Paul Rumelhart <mailto:godshatter at yahoo.com>
>> *To:* Art Deco <mailto:deco at moscow.com>
>> *Cc:* Vision 2020 <mailto:vision2020 at moscow.com>
>> *Sent:* Sunday, June 20, 2010 5:35 PM
>> *Subject:* Re: [Vision2020] Sentence Appropriate?
>>
>>
>> I don't know what to think about this. If "enticing a child"
>> means that
>> he was setting up a time and place to have sex with a person he
>> thought
>> was 13, then I'm glad they caught him. But there is an interesting
>> twist to this, though. What he was charged with doesn't sound
>> like it
>> would be a crime if there was no minor involved. Since there
>> wasn't an
>> actual minor involved, then this means that they are charging him for
>> thinking that there was a 13-year old on the other end of the
>> wire. Did
>> they just cross over into thought crime territory? I don't know.
>> Did
>> he really believe she was 13? People lie about their age and gender
>> online all the time. What if he thought he or she was someone
>> pretending to be 13 and that thought excited him? Does "enticing a
>> child" cover other aspects that don't involve actual meetings for
>> sex?
>> In other words, were they just "talking dirty" to each other?
>>
>> Anyway, I just thought that was an interesting aspect of this
>> case. You
>> guys can go back to bashing Judge Stegner now.
>>
>> Paul
>>
>> Art Deco wrote:
>> > When are we going to get a district court judge that takes sexual
>> > crimes against children seriously enough to give sentences that
>> > promote deterrence and demonstrates to the community that sexual
>> > crimes against children are not to be tolerated?
>> >
>> > Thirty days soft jail time and five years of basically meaningless
>> > probation is hardly an appropriate sentence for attempting to
>> entice a
>> > virtual 13 year-old girl into a sexual encounter.
>> >
>> > Who is the greater threat to the well being of the community? A
>> > single offense offender or a judge that gives many lenient
>> sentences?
>> >
>> > Wayne A. Fox
>> > 1009 Karen Lane
>> > PO Box 9421
>> > Moscow, ID 83843
>> >
>> > waf at moscow.com <mailto:waf at moscow.com> <mailto:waf at moscow.com>
>> > 208 882-7975
>> >
>> >
>> > Man gets jail time in Internet crime case
>> >
>> >
>> > Heustis sentenced to five years probation, 30 days in jail
>> >
>> > By Christina Lords Daily News staff writer
>> >
>> > Posted on: Saturday, June 19, 2010
>> >
>> > A Moscow man who pleaded guilty to enticing a child over the
>> Internet
>> > was sentenced by 2nd District Court Judge John Stegner to 30
>> days in
>> > jail and five years probation Friday.
>> >
>> > Kendall W. Heustis, 40, pleaded guilty to the charge in Latah
>> County
>> > District Court in mid-April.
>> >
>> > He faced a maximum sentence of 15 years in prison and a fine of
>> $50,000.
>> >
>> > The charge was in relation to an undercover law enforcement sting
>> > conducted by the Washington County Sheriff's Office in Oregon
>> between
>> > April and July 2008. The investigating officer was a member of
>> > Oregon's Internet Crimes Against Children Task Force.
>> >
>> > The officer posed as a 13-year-old girl from Oregon, and Heustis
>> > exchanged explicit information through chat rooms and Web
>> cameras with
>> > the undercover officer during that time.
>> >
>> > "It's been a long two years," Heustis said. "I've learned a lot
>> from
>> > it. A lot of things happened because of what I did on the computer,
>> > and I'm paying the price for it."
>> >
>> > During the sentencing, Michelle Evans, senior deputy prosecuting
>> > attorney for Latah County, asked for 10 years probation and a
>> 90-day
>> > jail sentence.
>> >
>> > "I think that it's appropriate to impress upon Mr. Heustis ... the
>> > seriousness of what he did," she said.
>> >
>> > Evans said it was fortunate Heustis was chatting with an undercover
>> > detective instead of an actual victim during the incidents.
>> >
>> > Heustis must register as a sex offender and complete sex offender
>> > treatment at Valley Treatment Specialties in Clarkston.
>> >
>> > The computer he used during the enticement incidents, which is
>> in the
>> > possession of the Moscow Police Department, must be forfeited,
>> and he
>> > is not allowed to use the Internet except for purposes congruent
>> with
>> > this probation requirements.
>> >
>> > Under the terms of his probation, he is not allowed to be alone
>> with
>> > anyone under the age of 18 and cannot frequent any city parks or
>> > schools where children may be present.
>> >
>> > Heustis is prohibited from consuming alcohol, but Stegner said
>> Heustis
>> > would still be allowed to enter some bars to be able to continue
>> > playing drums in his band.
>> >
>> > He was sentenced to pay $100 in court costs.
>> >
>> > Latah County has never pursued an enticement case like this before,
>> > Evans said.
>> >
>> > *Christina Lords *can be reached at (208) 882-5561, ext. 301, or by
>> > e-mail to clords at dnews.com <mailto:clords at dnews.com>
>> <mailto:clords at dnews.com>.
>> >
>> >
>>
>>
> ------------------------------------------------------------------------
>
>> >
>> > =======================================================
>> > List services made available by First Step Internet,
>> > serving the communities of the Palouse since 1994.
>> > http://www.fsr.net
>> > mailto:Vision2020 at moscow.com
>> > =======================================================
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