Category Archives: sex offenders

A DuPont heir update and a reminder that the media generally sucks at criminal justice reporting

Remember two weeks ago when you were outraged like never before that the rich, pedophilic, no-good trust fund bastard Robert H. Richards IV, aka “the DuPont heir” got away with no jail time because he “wouldn’t fare well in jail” according to some liberal activist judge in Delaware? Remember that you were so angry that he was rich and therefore got special treatment and you wanted to burn him instead of burning down the system that encourages such disparities?

Now, do you also remember that generally speaking the media is god-awful at reporting on criminal justice?

So, when the former meets the latter, who do you think you got fooled into fake outrage? You. That’s right. You got suckered. Again.

Some more thoughts on the du Pont heir and the courage of our convictions

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I’d cut down every law in England to do that!

Sir Thomas More: Oh? And when the last law was down, and the Devil turned ’round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man’s laws, not God’s! And if you cut them down, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I’d give the Devil benefit of law, for my own safety’s sake!

As the Robert H. Richards “du Pont” heir story has gained steam across the internet, there have generally been two sorts of reactions (and this includes reactions to my post from yesterday):

  1. How can you defend these people?1
  2. Money lets an obviously guilty man walk away free after he admitted to committing this horrible crime.

Since my post yesterday was apparently unclear and there has been a great deal of discussion surrounding this subject (some civil but mostly not), I thought I’d take a second attempt at clarifying the rationale of my post and some of the misconceptions and fundamental problems with the Internet’s objection to the outcome in this case. A fool’s errand, no doubt, but I have nothing else to do.

As a representative example, take Emily Bazelon at Slate. A professor at Yale, Ms. Bazelon and I are usually on the same side of things and in agreement on almost all points. Which is why I was disappointed to see her deviate from sensibility and let her emotions overcome her in her condemnation of Richards and the judge. For instance:

Richards, who had no previous record, also has the benefit of money and family connections. He pleaded guilty to one count of fourth-degree rape after his daughter told her grandmother, at the age of 5, that she didn’t want “my daddy touching me anymore.” (Richards was convicted in 2009—the details of the case are only coming out now because of a lawsuit his ex-wife recently filed against him.) In Delaware, fourth-degree rape is characterized as a violent felony, and the sentencing range goes up to 15 years in prison. But Jurden seems to have decided to treat Richards primarily as a patient, noting that he had “significant treatment needs which must be met.”

Like I said, that’s one goal. And I should mention that the judge’s ruling was in line with the guidelines for this crime issued by a Delaware sentencing commission, which (despite the 15-year range on the books) call for a prison term of zero to 2½ years. The problem is that when a father (or anyone) abuses a small child, the zero end of the guidelines are a travesty. In general, I’m in favor of sentencing guidelines, like Delaware’s, which aim to nudge judges toward greater leniency overall. That’s because over time, punishment tends to ratchet only in one direction: up. Sentencing reform for truly nonviolent crimes, especially drug and gun possession, is very much in the interest of justice. But to let off a convicted child rapist, who just happens to be living off his trust fund in a mansion, thanks to his wealthy and famous family? That seems like the definition of injustice.

If you read her remarks – and they’re only two paragraphs you lazy bastards – you’ll note that she, in essence, agrees with me but cannot bring herself to side with the judge because child molester. Hers, unfortunately, is the most nuanced and honest take out there, so you can only imagine what the others are saying.

So in order to deconstruct, let’s start with some facts. First, the specific facts of this case and then some truisms about the criminal justice system.

The specific facts of this case

It is important to remind ourselves that this occurred in 2009 and has only come to light now because Richards’ ex-wife has sued him.

In 2009 Richards was charged with rape in the second degree prior to trial. On the eve of trial, the prosecutor offered a plea deal and dropped the charges to rape in the fourth degree, which apparently carries a sentencing range of zero to 2 1/2 years. Richards accepted, admitted his guilt as part of the plea and was sentenced to 8 years’ probation.

In doing so, the judge noted that Richards had significant mental health needs which were better met at a long-term sex offender treatment facility, where he would be admitted.

So: an eve of trial change of charges by the prosecutor in this case who knows more about it than you, and a judge citing significant mental health issues based on information you don’t have.

Generally agreed to information about sex assault cases of minors and the sentencing of individuals in the criminal justice system

Child molesters are pretty much the worst. They’re the only category of defendants that some criminal defense lawyers will refuse to defend. The cases are awful to work on because they involve little children mostly and unsympathetic defendants.

Prosecutors are zealous and harsh, victim advocates are annoying as fuck, judges are strict and severe because, well, who the hell wants this kind of backlash, right? Legislators have mandated absurd penalties and many of them are mandatory and automatic. In other words, in the vast majority of cases, sex offenders are spending a very, very long time in jail.

A lot of these cases resolve short of trial for a variety of reasons, the primary being that families don’t want their little children to take the stand and testify and relive the horror. They want to spare the kids that trauma. Another reason is that defendants want to take the shorter sentence, which would be offered up front in exchange for not putting the kids through the trauma.

Yet another reason, of course, is that an allegation doesn’t equate to guilt. And as prosecutors and defense attorneys start to prepare in earnest for trial, they sometimes uncover information that makes a plea offer pertinent. Maybe the witness had falsely accused someone of something similar in past, or had a reputation for lying, or they learned something about the defendant that made him extremely sympathetic or the medical records don’t match the story and then a balancing starts: what number is worth the risk of a conviction or acquittal. It happens often enough that cases resolve on the eve of trial, or during jury selection, or after evidence.

Each case is different. And that’s another important issue here that must be understood: each case is different. The criminal justice system cannot be set up as one-size-fits-all and this applies to sentencing too. The individual sentence meted out in each case must depend on the harm alleged and the individual circumstances of the person to be punished. That is universally accepted by all. Otherwise there would be no need for minimum and maximum sentences. There would only be one sentence for each crime that would be imposed regardless of any mitigating or aggravating factors.

The next thing is probation. Sex offender probation is the worst. It’s usually considered a remarkable feat if an offender makes it through these generally very-lengthy probations without ever being re-arrested for a technical violation. When you understand how onerous these probations are, only then will you realize how amazing that is.

Finally, a lot of people accused of committing crimes like these have mental health issues. And I don’t mean ADHD. They have either been molested themselves or have severe personality disorders and have never gotten treatment or are borderline mentally retarded, if not below the threshold. That’s not to say that all of them have mental health issues, but a fair number most certainly do.

Now that we’ve covered all of that – if you’re still reading – let’s move on to the problems I have with the reaction to this case. It’ll be like a follow your own adventure.

Does everyone – regardless of circumstance – convicted of such a crime deserve to go to jail?

That is the fundamental, threshold question. If your answer to this is yes, then the rest of the conversation is unnecessary. We will never agree. But just to poke a bit further, is the answer the same if you learn that the defendant is retarded with an IQ of 50? What if you learn that the defendant is paranoid schizophrenic? What if you learn that the defendant is 15 years old and the victim is 5? What if you learn that the defendant was severely raped as a child by his parents for the first 12 years of his life and hasn’t adjusted to society and doesn’t know how to interact with others?

If you’ve answered yes to any of those questions, then it was as I suspected all along. Your outrage isn’t that a child molester got to go home, it’s that this child molester did.

Assuming that treatment may be necessary in the right case, instead of jail, why isn’t Richards deserving of that?

Assuming, as we must, that in some situations some defendants may deserve not to go to jail, but instead to go to a hospital or some treatment, the question then becomes why is this guy going up your ass a mile?

Remember what we know about this case: the charges were substituted to lesser charges by an apparently seasoned prosecutor who knows the facts of the case to a charge that carries a sentence of 0 to 2.5 years. The judge cited ‘significant mental health needs’ which would have been presented to her in a sealed confidential report that only both sides have access to. Based on that information, the judge determined that probation was appropriate. Other prosecutors interviewed in the news article didn’t seem outraged or shocked. This tells us this wasn’t out of the ordinary. It’s also worth nothing that this was 5 years ago and that he hasn’t been re-arrested for violating any conditions of his probation or for committing any new offenses.

On the other hand, we – you and I – don’t know squat.

So while I understand the temptation to yell “CHILD MOLESTER”, we have already moved past that stage and are at a more evolved stage of this discussion.

Now let’s take money out of the equation for a second. Imagine a poor guy named Richard Thompson who also was accused of this crime, but at the last second the prosecutor offered him a sentence with a range of 0 to 2.5 years. A different judge orders a psychiatric evaluation and determines that he has ‘significant mental health needs’. The judge says “Mr. Thompson I have two choices: either I send you to jail where you will not get any treatment that you so desperately need or I can send you to a treatment facility where you will get treatment and that will increase the likelihood that you will not commit another crime like this again. Unfortunately, there is no facility in this state that fits the latter need. There is one out of state, but you have to pay for it yourself.”

Mr. Thompson cannot. Are you upset at this scenario? Are you upset just like Mr. Tarloff in NY who, by most accounts, deserved to go to a mental hospital instead of jail?

If you say “well he deserves to go to treatment, but if there’s no treatment he should go to jail”, then you haven’t made any progress at all. It isn’t an “either-or” situation. What is more appropriate? Having determined that the latter is more appropriate it is not right to send the man to jail because there are no alternatives.

Sadly this is reality and there are thousands of people in that situation.

Now, Mr. Richards happens to be able to answer this judge’s question in the affirmative. “Yes judge I can afford the treatment myself.” The judge says “great, because that’s what I think you need”. Off he goes2.

Assuming that both deserve treatment and one gets it because he can afford it and one doesn’t because he can’t, who’s the villain? Is it the rich guy? Or is it the system that doesn’t provide necessary services for the poor? Everyone who needs the same immediate treatment that Richards did should have access to it and judges shouldn’t have to choose between that or jail.

If you read into this that Richards got offered a sentence with 0 years as a possibility because he’s rich and the judge sentenced him to that 0 years because his money influenced her decision, then that’s a bias that you have that’s unsupported by anything that’s been reported.

The system fails thousands of people all over the country every day. They’re a mix of rapists and child molesters and drug addicts and gang bangers and murderers and drunk drivers.

That one of them had the fortune to provide for himself the services that the system should, but could not, is not an indictment of him, it’s an indictment of the system.

And even if you hate him and the money he represents and think he should’ve gone to jail, isn’t the idea that the only place he got treatment was outside of a penal institution make you take notice? Aren’t those thousands of mentally ill people populating our prisons worthy of your outrage?

So who’s the privileged one? Him? Or you, with your luxury to absent your convictions when standing by them would leave a bad taste in your mouth.

This moral convenience is why it isn’t hard to understand the failure of the nomination of Debo Adegbile.

 

 

The disparity in the criminal justice system isn’t wealth, it’s what we’re willing to stand up for

Oh justice, you sweet, schizophrenic [p]sychotic fiend. How mercurial are your ways; how confusing are your methods; how undecipherable are your goals. Yet there you stand – venerable, sexy and ultimately out-of-my-league.

For who else – and where else – would bring three stories so oddly juxtaposed? First, in Delaware, a judge sentenced a man identified as “a wealthy du Pont heir” to probation for fourth-degree rape1 reasoning that he “will not fare well” in a level 5 prison. According to the RawStory article (which leaves out significant relevant portions as seen below):

According to court records [Robert H. Richards IV] is listed at 6 feet, 4 inches tall and weighing between 250 and 276 pounds.

Court records do not cite any physical illnesses or disabilities.

Meanwhile, Digby is just as horrified as you are, but at this story of a severely mentally ill man in NY just convicted of a murder. This was his third trial. The first one was halted because he was crazy2 unstable. Don’t take my word for it: look at him.

He's the one who looks out of place. Photo belongs to NYT/Bryan R. Smith

He’s the one who looks out of place. Photo belongs to NYT/Bryan R. Smith

He brutally murdered one woman during a robbery gone bad and maimed another man. So what’s the issue?

Restoring sanity to child sex cases

For as long as I can remember, there has been one fundamental truth in Connecticut if you are charged with a crime involving a sexual assault: you’re screwed1.

There’s the “liberal” standard of admitting prior sexual assault allegations in a case involving sexual assault, there’s straight up “once a sexual assault criminal, always any other type of criminal” and the almost unhindered admission of any type of “expert” testimony of an “expert” who claims to be an “expert” in the area of child sexual abuse [read: anecdotal evidence predicated solely on confirmation bias] despite a somewhat half-hearted effort to walk that back just ever so slightly and always distinguishably2 and then there’s the only-salvageable-by-judicial-fiat-Risk-of-Injury-statute, which is probably the most dangerous statute for due process and individual liberty and freedom that exists in Connecticut.

Not my town-itis: Norwich, CT edition

It seems, does it not, that sex offender hysteria has died down a bit? The outrageous calls for inhumane residency restrictions seem to have abated1. Except CT. You see, Connecticut never did succumb to the grip of the madness, relentless rejecting calls for residency restrictions2. But we’re not to be outdone, because if there’s anything that CT is good at, it’s doing things late.

So after the town of Montville got its panties in a bunch in 2010 over a sex offender treatment house that was scheduled to open3, there really hasn’t been much noise here about this.

Enter Norwalk, New London, Norwich, CT. I’m telling you this news article reads like a cut and paste job from many similar news articles years ago. First, you have the children:

Norwich residents are concerned about the number of sex offenders in town, several of which are concentrated in a neighborhood full of children and teens.

What’s concentrated, you ask? They’re hoping you’ve stopped paying attention after that first sentence and are now fuming in your living room, hurling obscenities at Obama, liberals and the Devil:

According to police, four of the city’s 75 registered sex offenders live on a stretch of Central Avenue, which borders a park in the Greeneville section of town.

Sound of record scratching from 80s sitcoms.

Four. Out of Seventy-Five. Live on a “stretch” of road which “borders” a park. Cue quote from parent:

“I’m appalled,” said Norwich resident Melanie Silva. “I’m a parent of four. This playground here is a hub for teenage and young children.”

Oh man, Silva is appalled. I bet some perp showed her his penis or something:

Silva said she hasn’t had any direct contact with the sex offenders, and neither has her personal trainer, Jessica Doubleday, who opened a studio in a garage facing the park.

At this point, any self-respecting journalist would walk away after rolling her eyes and mouthing, “get the f*ck out”. But, of course, this is Connecticut journalism we’re talking about, so strap in.

But this park is apparently the arboreal embodiment of the bogeyman:

“There’s no lighting in this playground, there’s no bathrooms in this playground, and there’s people walking around with open-bottled liquor and there’s people walking around that are selling drugs, and it’s very obvious,” she said.

And then failed to explain just what, exactly, was so “very obvious”, because I have no clue what she’s talking about or – more importantly and here I’m bringing this lesson back, kids – what the motherloving hell this has to do with sex offenders.

“With that many people around that are sex offenders, you never know when something is gonna happen,” she said.

Nope. Still no clue what she’s referring to. Because, Ms. Silva and Doubleday. Let me let you in on a secret. Come closer. Closer still. I’ll whisper in your ear:

There are sex offenders among us. Every day. You see them. They see you! BOO! Happy Hallooween.

But no faux outrage story in Connecticut would be complete with a legislator trying to re-reinvent the wheel:

Norwich officials met Monday with State Sen. Cathy Osten of Sprague, who is pushing for reform and hopes to to develop proposals by late winter.

“We will be looking at the rules revolving around parole and probation to see what we can impact there,” said Osten.

“Many of the sex offenders that are identified are not controlled by the state any longer.”

Osten said some are beyond probation or parole and are living with family or on their own. She said she also wants to see more information reported on the state police website regarding the sex offenders’ crimes.

Forget a sex offender registry. I want a dumb legislator registry. An independently maintained list of idiotic comments by our elected officials, so I know whom to avoid the next time I’m at the legislature.

Judge imposes blanket internet ban on sex offender

Right on the heels of my post last week1 about a North Carolina Court of Appeals ruling holding that the state’s social media ban for sex offenders was unconstitutional, a judge right here in the idyllic town of Vernon, CT2 has apparently ordered a man to stay off the internet for the entire period of his 10 year probation.

Just, all of it. No emails, no Youtube, no Facebook, no Facebook, no Facebook, no Twitter, no Tumblr or Kickstarter or whatever the hell these kids are watching these days. Heck, no New York Times or CNN or Hartford Courant or WhiteHouse.Gov or SignThisEPetition.Com or whatever the web will become in 4 years’ time which is when he will get out of jail3.

Gregory Lindsey was sentenced to 10 years, suspended after 4 years in jail, followed by 10 years probation for possession of child pornography in the second degree, which is a subject I wrote about just the other day.

Judging evil: what if pedophilia is an “orientation”?

Almost 4 years ago, I wrote this post pondering whether pedophiles have free will. In that post I said:

there is a very interesting question here. If the science does prove at some point down the road that pedophiles really are not in complete control of their urges and these urges are the result of a brain malfunction – an organic disorder, if you will – must we change our attitudes toward those that commit these crimes?

I further wrote that the discussion was about mens rea – the intent requirement inherent in almost all criminal statutes. That post was written with Klüver-Bucy Syndrome in the background and so it focused on societal responses to acts deemed abhorrent but which were committed by people without the ability to control their urges. I left for another day the thornier question of how society should treat those for whom pedophilia seems to be an “orientation”, just like heterosexuality is an “orientation”1.

Before going further, it is important to note two things: 1) that pedophilia is the term for attraction to young people; not the term for acting upon that attraction. That is called sexual abuse. 2) I am not writing to explore the possibility of legalizing child molestation or sexual abuse. As I’ve stated before, there are very good reasons why society should and must continue to criminalize acts of sexual conduct with pre-pubescent children2 If you have gotten that (#2) from what I’ve written so far then I suggest that you either re-read the above or click here to go somewhere else.