SRSLY? WTF?

by: fogiv

Sun Jul 22, 2012 at 23:24:08 PM EDT



WTF:

Per a friend of mine:

In Iran, if two boys get a girl drunk, rape her, take pics and then circulate them to everyone they know, the two boys can enter a unilateral plea deal with the prosecutor which makes it a crime for the victim to name her attackers.

Oh... did I say Iran?

I meant Kentucky.

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SRSLY?  WTF?  Make the jump to see what this is all about.

fogiv :: SRSLY? WTF?
No, NOT kidding:

LOUISVILLE, Ky. (AP) -- A 17-year-old Kentucky girl who was upset by the plea deal reached by a pair of teenagers who sexually assaulted her is now facing a contempt charge for tweeting their names in violation of a court order.

[snip]

The boys' attorneys have asked a judge to hold Dietrich in contempt for violating the confidentiality of a juvenile hearing and the judge's order not to speak about it.

Dietrich told the paper she was assaulted in August 2011 by two boys she knew when she passed out after drinking at a gathering. She learned months later that pictures of the assault were taken and shared with others.

"For months, I cried myself to sleep. I couldn't go out in public places," she told the newspaper, as her father and attorneys sat nearby. "You just sit there and wonder, who saw (the pictures), who knows?"

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SRSLY? WTF? | 6 comments
The problem seems to be the judge. (2.00 / 3)
Who gives that kind of sentence under those conditions? The convicted offenders publicized the victim to the extreme, and they get to hide their names?

I think the victim will get all the support she needs (I'll be happy to pay her fine), and the criminals will get their asses kicked (I'll be happy to do that, too).

Bet I'm not alone.

"Conway, whom experience had taught that rudeness was by no means a guarantee of good faith, was even less inclined to regard a well-turned phrase as a proof of insincerity."  James Hilton, Lost Horizon


small favors (2.00 / 2)
Savannah Dietrich, the 17-year-old Kentucky girl who had been facing contempt of court charges after she tweeted the names of her juvenile attackers, will not be charged.

Late Monday, lawyers for Dietrich's attackers withdrew their motion to have her held in contempt, after the story about the possible charges sparked outrage online.

Last month, Dietrich-frustrated by a plea deal reached by the two boys who assaulted her-took to Twitter to expose them, violating a court order to keep their names confidential.

"There you go, lock me up," Dietrich tweeted after naming the perpetrators. "I'm not protecting anyone that made my life a living Hell." Her Twitter account has since been closed.

Attorneys for the attackers then asked a Jefferson District Court judge to hold Dietrich in contempt. She could have faced up to 180 days in jail and a $500 fine if convicted. The boys have yet to be sentenced for the August 2011 attack.

http://news.yahoo.com/blogs/lo...

Earth is the best vacation place for advanced clowns. --Gary Busey
 


Good for her! (2.00 / 3)
Now, if we could only believe that her attackers would actually develop a conscience and some remorse.

If it were done when 'tis done, then 'twere well it were done subjunctively.

[ Parent ]
A good lesson in ritual public humiliation feels like an appropriate "punishment to fit the crime", (2.00 / 1)
but I cannot help hoping that a bone-deep physical beating could also be added to the mix.

Hope I get to hear a bit more about the judge's thought process, as well. It is too easy to assume he (or she? unlikey) is a complete piece of excrement worthy of treatment no better than the criminals he is protecting. My general faith in human nature makes me want to believe the actual story has enough nuance to allow him to just have made an incredibly stupid judgment.

If our great and wonderful Fog cares to post the followup to this case here I will be very thankful to know how it goes. The assailants need to have this event used to give them a last chance to become human adults (imho a good bit of being raped in jail might further that goat...).

Sounds like Savannah already has what she needs.  

"Conway, whom experience had taught that rudeness was by no means a guarantee of good faith, was even less inclined to regard a well-turned phrase as a proof of insincerity."  James Hilton, Lost Horizon


[ Parent ]
best I can find (2.00 / 1)
Teh Judge is female, Hon. Deana "Dee" McDonald: http://www.citizensforbetterju...

Undergraduate: Western Kentucky University, B.S., 1974

Graduate and/or Law School: University of Louisville, School of Law, 1994, Night Division

Legal Experience: I have over thirty (30) years of Jefferson County courtroom experience. I began as a social worker, working with abused/neglected and troubled youth and was in court almost daily advocating for their needs. I put myself through law school at night and began my legal career as a criminal defense attorney. I served as Assistant Counsel for the Cabinet for Health and Family Services providing legal support for the workers and litigating Termination of Parental Rights cases to free committed children for adoption. I served as a prosecutor in the Jefferson County Attorney's Office in the Domestic Violence Unit, the Felony/Misdemeanor, Warrant, Juvenile and Non-Support dockets, as well as all ten (10) of the Family Courts.

Per the 'thought process':

Dietrich and her attorneys as well as The Courier-Journal have also been trying to free Dietrich, or anyone involved with the case, to talk about specifics that are currently kept confidential by juvenile court rules.

Also, McDonald said in her order that she never issued a formal "gag order" forbidding Dietrich to talk about the case, but followed the law in reminding everyone involved that juvenile proceedings in Kentucky are confidential and Dietrich must "simply comply with the laws of the commonwealth ... no more, no less."

McDonald said motions by Dietrich's attorneys and The Courier-Journal to lift the order are moot because one was never issued .

Courier-Journal attorney Jon Fleischaker, who had argued that an order forbidding Dietrich from talking about the case is infringing on both the newspaper's and Dietrich's First Amendment rights, said there is little legal difference to a lay person, such as Dietrich and her family, from a judge issuing a gag order to admonishing someone not to talk about a case.

"It's impossible for a lay person to understand the difference," he said. "The clear implication is 'you are going to be in serious trouble if you disregard what I told you'."

Dietrich and her family earlier this month told the newspaper that following the plea deal, McDonald admonished everyone involved not to speak to anyone about what had happened in the court or about the crime in general.

Frustrated by the June 26 plea deal and admonishment, Dietrich tweeted about the case, naming the boys and criticizing the court.

The next day, the attorneys for the two boys filed a motion asking that Dietrich be held in contempt for violating the admonition of confidentiality.

McDonald said she agreed to hear the motion, as she was the judge who advised all parties on the confidential nature of juvenile court, but that defense attorneys dropped it after The Courier-Journal wrote about the issue, drawing widespread media attention.

http://www.courier-journal.com...


Earth is the best vacation place for advanced clowns. --Gary Busey
 


[ Parent ]
Interesting, thanks for the followup. (2.00 / 2)
Informative, how easy it is to fall into the trap of stereotype and reaction.

Kentucky:

- "well, we know how they are Down There..."

Kentucky Judge:

- "obviously some fat, white man with who thinks women are Asking For It."

...

I'm as guilty as anyone. Object lesson in how wired we are for prejudice, eh?


"Conway, whom experience had taught that rudeness was by no means a guarantee of good faith, was even less inclined to regard a well-turned phrase as a proof of insincerity."  James Hilton, Lost Horizon


[ Parent ]
SRSLY? WTF? | 6 comments
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