March 21, 2008

Prosecution for Prostitution Is Rare: Justice Department Forced to Defend Itself in Spitzer's Case

The Justice Department has seldom prosecuted or even identified clients of prostitution for a number of years, in an unusual admission to a New York Times' reporter. Read the original article: U.S. Defends Tough Tactics on Spitzer

Today's Times front page carries a story that includes interviews with Justice Department officials who are having a hard time denying that Spitzer has been treated differently than almost any other prostitution defendant in decades.

In defending its position, the Department stated that the F.B.I. now has roughly 450 ongoing prostitution investigations, but could not deny that they all involve large enterprises and circumstances different than in Spitzer's case.

The Times' story also revealed that the federal agency charged with monitoring statistics for federal prosecution does not bother to keep statistics because "it's really not a crime we prosecute," a Justice department said.

According to an affidavit signed by the F.B.I., Spitzer proved to be "easy prey."

Speaking of our government and sex, the same Times front page carries a story involving the frequency of U.S. Customs agents using "green card threats" to obtain sex from vulnerable immigrants.

It will be interesting to see how those agents who have been caught get charged and sentenced; I will keep you posted.

March 2, 2008

Internet Child Porn Puts Martinez Girls’ Soccer Coach in Federal Prison for 11 years

A former Wells Fargo vice president, Kenneth Gibson, was sentenced to 135 months by U.S. District Judge Martin Jenkins in an Oakland courtroom yesterday for exchanging more than 600 images of child porn over a two year period.
35522_wells_fargo_wagon.jpg Gibson choked back tears and apologized to the court, after the judge said to him, “ . . . there are real children significantly impacted by this.” Gibson’s lawyer, Robert Beles, said, “You’ve basically got a good man who went into a fantasy world. Other than that, he’s never done anything wrong in his life. There is no indication his is a pedophile. [italics mine].”

Gibson’s lawyer said that his client is “still searching for reasons why he entered that subterranean, perverted world of child-porn Internet.”

This case (Kenneth Gibson) is another illustration that we have entered a new age of thought police. No harm to another person need be proven. All the government has to show is that a person’s thoughts and fantasies involve children and sex, and that person was on the Internet. This case is similar to one I had last year in Hayward where a middle-aged man merely LOOKED at pictures of young girls on files he had downloaded, for which he was charged with several felonies. In that case, the FBI electronically traced the gentleman back to his computer and turned the evidence over to the Alameda DA, who sent the sheriff to make the arrest.

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February 27, 2008

Supremes Rule Convicted Child Sex Abuser May Challenge Conviction

In an important decision handed down on Wednesday, February 20, 2008, the U.S. Supreme Court—in a new pro-defendant twist on federalism—ruled that state courts may retroactively apply new constitution developments benefiting defendants, even if federal courts could not do so.

Years after a Minnesota man, Stephen Danforth, was convicted of sexually abusing a child in 1996, and after his conviction became final on appeal, he went back to court seeking the benefit of a 2004 Supreme Court decision that enhanced the right of defendants to confront their accusers in open court. The six-year old child had given a videotaped interview rather than appear in open court.

The court’s 7-2 decision opens the way for convicted child abusers to challenge their convictions by cross-examining accusers.

Danforth is currently serving a 26 year term.

To read the full opinion, see Danforth v. Minnesota, No. 06-8273