Cops, DA & jury say video at swimming pool is kiddie porn
POSTED BY: piratenews
UPDATED: Thursday, February 5, 2009 00:25
VIEWED: 8164
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I watched a jury trial yesterday in Knoxville Tennessee. All the prosecutors went over to watch it, which is a bad sign. State of TN v Whitlock, Div 1, Knox County Criminal Court.
www.knoxcounty.org/criminalcourt/index.php
A disabled retired Vietnam combat vet was on trial for "especially aggrevated sexual assault of a minor", for videotaping patrons fully-clothed at the public swimming pool where he was a resident.
An off-duty sheriff deputy walked up to him at the pool and demanded to view his video, then demanded to keep that video as evidence.
The video was 5 minutes long, typical shaky home video. No nudity on the video, which was shown in court. EXACTLY THE SAME TYPE OF VIDEO EVERY PARENT TAKES OF THEIR KIDS.
No arrest until 2 weeks later. No prior accusations of sex abuse. No kiddie porn found in his home.
The problem began when the vet didn't bow down and kiss the jackboots of the cop, and instantly answer every question at the pool.
Public defenders office refused to represent him, so he got a court-appointed lawyer.
Spineless cop-kissin Judge refused a "motion to dismiss for failing to meet the essential elements" of TN Code, which require SEX, NUDITY or TOUCHING in a charge of sexual assault. Judge then confused the jury of sheeple into "thinking" sex, nudity or touching is NOT an essential element of sexual assault.
There was no "victim" to testify, since there was no victim. The judge and prosecutor both said it was the only trial they'd ever had with only one witness to testify (cop).
In a pretrial hearing, the judge said, "I'm not going to make a decision on the law of this case, I'm going to let the jury decide the law." Then he confused the jury into thinking only the judge can decide the law, when TN Pattern Jury Instructions say the opposite.
Quote:
T.P.I. -- CRIM 1.08
JURY: JUDGES OF FACTS AND LAW
You are the exclusive judges of the facts in this case. Also, YOU ARE THE EXCLUSIVE JUDGES OF THE LAW under the direction of the court. You should apply the law to the facts in deciding this case. You should consider all of the evidence in the light of your own observations and experience in life.
COMMENTS 1. This instruction must be given in each case.
www.tncrimlaw.com/TPI_Crim/index.htm
Jury verdict: GUILTY
His lawyer said, "I'm a parent, and as soon as I get home I'm throwing away my videocam." Prosecutor said, "Only shoot video of people over 60 years old, and you'll be OK."
I doubt that it helped for the defense lawyer to show a photo of a little girl's vagina on the giant TV screen for 5 mintues, during his closing arguments, as an example of lawful "art" as defined by US Supreme Court.
My TV show this week included Episode 1 of NeoCons Gone Wild, an uncensored cartoon of nekked Bush, Clinton and Obama having gay S&M sex. No problem with the church censors paid to watch my show, though "coincidentally" I was immediately banned from showing any more Specials (over 1-hour long).
http://video.google.com/videoplay?docid=7812726988686891534&hl=en
I previously broadcast governor Arnold Schwarzenegger's weenie hanging out on the cover of After Dark, a gay porn mag. 2,230,000 links on Google.Porn.com:
http://www.google.com/search?hl=en&q=arnold+nude&aq=f&oq=
Video your kids playing outdoors fully clothed, and you go to jail as a pedophile. But if your car gets stolen at Walmart, KPD refuses to look at security videotapes, and Walmart will refuse to let you see video of the thief stealing your car.
www.easttnriders.com/forum/showthread.php?t=28638
This week Knoxville city council hired COMMUNIST CHINA to run toll roads and keep the profit from robocop traffic camera tickets, even when the cops masterbate to the video.
www.piratenews.org/kill-robocops.html
I've had several cops threaten to arrest me, and demand I erase my tapes, for videotaping on public streets.
http://revver.com/video/244981/miata-versus-dragon-at-deals-gap/
Taking photos of police officers could be considered a crime, British Journal of Photo
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Ayep, typical.
Quote:
The problem began when the vet didn't bow down and kiss the jackboots of the cop
Bingo, we have a winner.
For the record, yes, you do get the occasional freak who's taping kids soccer matches and whatnot, but fact is that they'll rile on *anything*, including material far outside the scope of prohibition so there's naught you can do but keep an eye on them - or if they're on parole/probation, run em in for violation, I had a dedicated channel for this in the cab, since I kept an eye on local sex offenders that were actually predatory.
(as opposed to bullshit like what happened to this guy)
Hell, one local guy got run in for taking a leak behind his house while waiting for the locksmith cause he left his keys on the counter inside.
I won't work with fanatics (talkin bout YOU, Parry Aftab!) and have often gone head to head with them every bit as hard as the predators and their enablers, cause of crap like this.
But the very worst example is one of my former DeeVees and current secretary, Alice.
Alice was your typical stay at home housewife, with a life and family straight out of leave it to beaver, and one day as she's looking up flower arrangements on the net, she misclicks some banner by accident, all too easy since since every goddamn page on the net these days looks like THIS..
http://www.cexx.org/future.htm
Complete with popups, overlays and flash/java exploits up the ying-yang.
And suddenly she was prettymuch assaulted by the popup cascade hell we all know and love, right ?
And worse, what was in the images being thrown at her was pure high octane nightmare fuel, heaven knows whether it was actually one of those sites or some spammer/hacker being a dick, but in the end it really didn't matter.
So Alice, being not really a techie type, yanks the power cord, and calls the cops.
Who arrest HER for possession of CP and thanks to some *asshole* like Hero, convict her despite attempts to counter the situation, partly thanks to local media running with the scandal ball in a podunk town that has little else of interest in the news - by the time our intervention had any effect, all we could do for her is get the sentence cut down, the public defender they assigned her was actually RELATED to the prosecutor and prettymuch browbeat the terrified lady and handed her to him on a silver platter with a disastrous plea bargain she didn't know any better than to accept... and since they denied bail, she was STAYIN in jail till she took it, you understand ?
That's SOP for forcing a plea bargain, just postpone every time they refuse to take it while denying bail, I know folks who sat in jail for YEARS (Drake vs Maryland) without a trial because of it.
And of course her husband divorced her, and of course she lost any hope of custody, and with few job skills and the ones she does potentially have useless due to being permanently listed as a sex offender...
Well, there goes her whole goddamn life down the shitter for no better reason than she tried to be a decent person, and got eaten by the dark undercurrents of our society that people like her never usually see.
And there, at the end of it all, as she's contemplating a rather final solution to her problems, when everyone in all the world has abandoned her, one person reaches out a hand to her, and she takes it.
She's ok now, long as you keep her *away* from the normals, and for the love of all that's holy don't let her see a cop, cause she'll go into a psychotic lockup on the rage alone.
One of the main problems addressing the issue from about 1990 to 1997 was the habit of the powers that be simply arresting whoever reported that shit, as bird in hand and not wanting to waste time dealing with something that "didn't really exist" till the Landslide, Inc bust came down the pipe and sent Tom Reedy up the river for about 1400 years, consecutive - and the fallout from that lasted about three more.
And the *REASON* I relate even that much is the simple fact that such a thing could happen to *anyone*, anytime,
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I just can't believe this kind of story doesn't have another side to it. If these stories were true, we would have "victims" of the system taking sniper rifles to the nearest tower every day of the week. The fact that it almost never happens either means there's more to these stories or the cops only pick on sheeple.
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Quote:
Originally posted by Kirkules:
I just can't believe this kind of story doesn't have another side to it. If these stories were true, we would have "victims" of the system taking sniper rifles to the nearest tower every day of the week. The fact that it almost never happens either means there's more to these stories or the cops only pick on sheeple.
Here's "the other side of the story".
1. The old man was not GQ - he "LOOKED like a pedophile" - UNTIL HE OPENED HIS MOUTH AND YOU TALKED TO HIM, WHICH THE JURY NEVER GOT TO DO.
2. He was a terrible kareoke singer to someone else's radio playing The Doors' LA Woman. THIS WAS THE ONLY EVIDENCE AGAINST HIM: A BAD SINGING VOICE while possible drunk on alcohol, which the prosecutor called "grunting". Never mind you could clearly hear him sing the words "LA woman", problem was he didn't know ALL the words to the song. Do YOU know all the words to LA Woman?
3. He didn't expunge 18 traffic tickets or a 35-year-old burglery conviction (which made the cops, judge and prosecutor sharks smell blood, though no prior convictions were admissible to the jury: Here's a good slave who can't play The Game). Do YOU know what's on your NCIC criminal background database, which is illegal for you to access?
4. Prosecutors and judges NEVER dismiss charges against innocent sheeple, for fear of civil lawsuit for false arrest. That's a career killer.
5. He "argued" with a scantily clad offduty cop about "why are you bothering me at my own pool?" Then he GAVE THE COP HIS VIDEOTAPE, under duress, without probable cause nor search warrant (cop testilied it was "abandoned"). NEVER talk to cops. NEVER. Except to give ID: Name and address. NEVER volunteer to give them evidence against you!
6. He didn't have enough income to buy a real lawyer nor competent to be pro se.
My sister was a public defender in a major US city. She only won once out of 1,000s of trials, when a "guilty" defendant told her exactly what to do to win. As a Yale grad, she had zero interest in winning any trial for We The Sheeple, and Big Brother paid her to lose as condition for employment.
Court-appointed lawyers in Knoxville are paid up to $1-million per case, but the defendant never gets out of jail.
It's standard tactics to never allow a defendant to testify in such a case, no matter how innocent. He also had PTSD disability from the VA, which is mental illness, and mentally ill folks never do well on a witness stand.
WAS he a pedophile? Who knows? Nobody knows, because there was ZERO evidence presented at this "trial". He was convicted of THOUGHT CRIME: "He MIGHT take his poolside video home and masterbate to it". THAT was the prosecution's legal argument.
HOWEVER, don't count the old geezer out. He's a Vietnam combat vet who killed Commies for Uncle Scam, who fought many years to get a VA Disability pension through many appeals. He's tough and rough. But he did get drafted into Vietnam Wars, and now he's drafted into the Prison Plantation Slave-Labor Manufacturing Complex.
I predict he will win on appeal. At least his lawyer preserved the Essential Element defense for the appellate court, as the judge pointed out on the transcript.
HOWEVER, public defenders rarely file appeals. If I recall, the "constitutional right to free counsel" ONLY applies to the trial, NOT appeals. THAT'S where Uncle Scam gits ya.
Knoxville is the same "justice" system where juvenile judges ordered that George Bush Sr and Dick Cheney can be pedophile rapists making kiddie porn, "for reasons of national security". That was Cathy O'Brien's case of her daughter Kelly, who was lobotomized and forced into Satanic "exorcisms" in CIA's MKULTRA Project Monarch sexslave drugrunner assassination program (aka Dollhouse, aka Firefly).
http://video.google.com/videosearch?q=cathy+obrien&hl=en&emb=1&aq=f#
www.tranceformation.com
Big Brother murdered 1-million times more sheeple than the worst serial killer. That's why it's so dangerous to set a legal precedent like this, to arrest and convict folks
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FREM,
It's about blackmail. I know an old lady this happened to, the spyware threatened to turn her in if she didn't subscribe to their removal service. Fortunately, she had geeks instead.
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Quote:
Originally posted by dreamtrove:
On appeals, even if you are released, and charges are reversed, they will still not remove your name from the sex offender list. i read a story about this last year at some point, a group of people who are in this status, all charges dropped, for various reasons including mistaken identity, can still not get their names removed.
This is true for EVERY "crime" including all traffic tickets.
You are FOREVER in the criminal database, UNLESS YOU FILE A WRITTEN MOTION WITH THE COURT TO EXPUNGE OR SEAL RECORDS. Lawyers charge $1,500 to do this for EACH expungement, but you can DIY it for free. The hard part is you must go to each county or state involved, there's no central clerk to handle that. Juvenile records are NEVER sealed, that's a myth, unless you do it yourself.
Quote:
EXPUNGEMENT OF CRIMINAL RECORDS
Not Guilty? Case Dismissed? Deferred Probation? It’s not over yet… When you are arrested and charged with a crime, a public record is created at the police station and forwarded to the Tennessee Department of Safety. That record is entered into a Tennessee state database and then forwarded to the National Crime Information Center (NCIC). From there this sensitive information gains a life of its own and can make your life difficult for years to come. Any future traffic tickets will result in additional charges above the charge named in the traffic stop, and judges can order a stiffer sentence, up to and including felony conviction under the Habitual Offender statute. Hint: When a cop asks a motorist, "Do you have any previous traffic tickets or convictions?" SHUT UP and exercise your 5th Amendment right to not testify against yourself. Arrest records can be obtained by private companies for their own use, such as when a prospective employer does a background check before hiring or when a landlord does a background check before offering a lease. A college may do a background check as part of its acceptance procedure or before offering campus housing. A criminal record, even one that says you were found innocent, can be enough to cause a potential employer or landlord to steer clear. Juvenile records are NOT automatically sealed from consideration after becoming an adult, and in many states are automatically entered into adult criminal databases. But there are remedies to this problem for some people. You can pay a lawyer $1,500 to $2,500 to file a motion for expungement, or you can do it yourself for free (in most cases, with max cost of $50).
An expungement is the destruction of public records of a criminal charge including the fact of the arrest. In Tennessee expungements are governed by T.C.A. § 40-32-101. Anyone can submit a petition/motion for expungement, there is no limitation. The only requirement for expungement is that you have completed your sentence and/or exhausted all appeals. You may be eligible for an expungement if you received Pre-Trial Diversion, Judicial Diversion, Charges were dismissed, No True Bill was rendered by Grand Jury, Verdict of Not Guilty returned by jury, Conviction was reversed on appeal, Cases where citizen is detained by police but not charged, all public records of a person who has been convicted of an offense that was committed prior to such person's twenty-first birthday shallbe expunged. Upon petition by a defendant in the court which entered a nolle prosequi in the defendant's case, the court shall order all public records expunged. A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002). After a conviction has been expunged, release of such confidential records or information to law enforcement agencies for law enforcement purposes is a Class A misdemeanor punishable by 11 months and 29 days in jail and a $2,500 fine.
www.nashville-criminal-lawyer.org/tennessee-expungement.html
www.publicrecordcenter.com/tennessee_public_records_expungements.htm
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Kirk - they go for the easy prey, go ask Hero if you disbelieve that.
Because prosecutors are all concerned about their conviction rate, and getting their ass planted on the bench where they no longer have to account for nearly anything, if the prey looks like it can or will fight back, they'll not press it.
But you get someone clueless, helpless and scared shitless, they will bring the hammer down for all they can in hopes of getting a high profile case so they can flaunt their name a little bit.
That's why you see so many career criminals get off easy, even on the plea bargain, and yet decent citizens who run afoul of the law get pounded down so brutally - the career criminals KNOW how to fight back, and are capable of being a serious pain in the ass by engaging better quality of legal representation than a public defender, who's JOB is to sell you out, biding his time till he gets the right offer and gets to play with the stacked deck on the OTHER side of the courtroom - he's not gonna make enemies by actually fighting the case, cause he needs the good graces of the system to survive and advance.
That and decent people generally believe in the system and are fool enough to talk to the cops and try to cooperate, because they believe all that bullshit about our justice system, you see.
The only way to have any kind of chance at all is to shut the fuck up, and refuse to speak to *anyone* but YOUR attorney - the first public defender they'll send you is always a ringer, his job is to get you to spill stuff, then he drops the case to the next one and testifies against you.
So shut the hell up and wait for YOUR lawyer to get there - and make sure you've put one on retainer who is so evil people think you summoned him from a pentacle drawn in blood instead of the yellow pages.
Oh, yeah, and speaking of the yellow pages...
If you DON'T talk, expect to get roughed up, it's GOING to happen, and you have ZERO chance of making a real issue out of it, just take it and give them neither a single word, nor an excuse to bag you for "assaulting an officer", soon as they figure out you won't crack, they'll toss you in the tank to see if the "fish" can get you to spill anything, and then from there to a cell where the bail guy then grills you to see what HE can get out of you, under threat of denying bail...
And finally, eventually, your lawyer is gonna show up - do NOT expect them to let you call him, have the damn sense to have one on retainer with a contingency plan.
And if you held the line, once he shows up and you make bail, then they will try to force a missed hearing by doing shit like sending the notice AFTER the hearing date so they can get a bench warrant and suchlike, but a good lawyer will be on top of that for you.
Then, finally, the court date, and when they see you come in with a real attorney they'll postpone, and they'll KEEP doing that till some judge finally loses patience and forces them to play their case - at which point they will drop it.
And that's if you know how to fight back, and not including the continued harrassment of the police dept who arrested you in the first place in the meantime.
It does NOT work like your civics class pretended it does - running up against the system is a bitch, but if you know how to play the game, you can make it YOUR bitch.
Folks like Alice... they never stand a chance.
That ain't her name btw, I call her that cause like her namesake, she fell into the rabbithole unawares.
-Frem
It cannot be said enough, those who do not learn from history, are doomed to endlessly repeat it
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Public defenders generally on get paid "up to" $1,500 per case, whether it goes to jury trial or is a plea bargain. Do the math...
Very tempting to pencil whip the time card "honor system", plead the client GUILTY, and pocket $1,500. If you do go to trial, $1,500 don't buy squat - no investigation, no pretrial hearings, no legal research, no written briefs, and a bare-bones trial. No appeal allowed for PDs - unless they can rack up $1-million fees from the taxslaves, but the defendant NEVER gets out of jail (except by coffin).
It normally costs at least $50,000 for a real defense in a jury trial. I've personally paid $170,000 for one case, that settled BEFORE the jury trial.
Was that the case with this PD? I don't know. "Ineffective assistance of counsel" is the typical appeal by a pro se inmate in prison, which is the least likey appeal to win, since PDs are very competent at meeting that minimum standard. PDs are paid by The Govt to prevent defendants from winning appeals based of "ineffective assistantce of counsel" - that's the ONLY thing they are paid to do.
Did this PD intentionally sell out his client? I hope not. But I would NOT have put a little girl's vagina on the big screen TV during my closing argument for 5 minutes, no matter what those perverts on the Supreme Court say! I understand that defense tactic, which is a standard defense tactic to "beat the prosecutor to the punch", but I doubt a jury is that intelligent. It borderlines on "sexual abuse of a jury". Or brainwashing of a jury to convict your own client...
The defense lawyer also fell into a trap that expert lawyers warn rookies to beware. Although The Law says the Burden of Proof is "beyond a reasonable doubt" (perhaps 95% certainty), and "reasonable doubt" (perhaps 50/50 doubt) REQUIRES a verdict of NOT GUILTY, and a jury CANNOT hold it against a defendant for not testifying (5th Amendment), these concepts DON'T work in jury psychology. Juries DEMAND every defendant prove their INNOCENCE beyond a reasonable doubt, which is the opposite of what The Law requires. After all, that's what they see on Tee Vee (the Idiot Box).
Juries want to hear from a defendant, and if not, they especially want to hear A STORY from the defense lawyer. This lawyer did not tell a story, he only questioned the cop (psychological trauma for a jury to doubt a cop, especially a cop wearing a GUN IN COURT, brainwashed by years of fear of traffic stops), then quoted The Law (gobbledygook to juries).
The jury never got to hear WHO this defendant was, only what he was accused of. They never heard him speak, they never heard he was drafted to kill gooks for Uncle Scam, or that he's disabled trying to live on meager Social Security and VA Disability pensions. They never heard about his medical condition of mental illness, made worse by drinking alcohol BEFORE going to his pool (which they also never heard about). They never heard he worked as a loader of trucks before his back injury. All the jury saw was a very large, "UGLY" old man in a cheap suit, who can't sing kareoke worth a shit when drunk, with no friends or family testifying for him or sitting in the courtroom audience (unlike Michael Jackson's entire family).
A lawyer (or pro se) is a salesman, a teacher, a psychologist, and a brainwasher when talking to a jury, but a jury is usually dumb as rocks when it comes to comprehending The Law. A jury gets it legal edjukashun from Tee Vee, same place most cops AND MOST JUDGES get theirs...
BTW, Lady Justice, the blind idol holding the "scales of justice" at the US Supreme Court, has one boob exposed... But that's not porn, its art.
In this case, the judge used a typical scam (bait and switch) that judges use to confuse an already ignorant jury about "jury nullification". The "jury instruction" is required to tell them they MUST decide both fact AND LAW. What's confusing is the jury has the power to NULLIFY any law (create a new constitutional right), but NOT to CREATE a NEW law (which removes a constitutional right). Legislatures and city councils
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Quote:
So shut the hell up and wait for YOUR lawyer to get there - and make sure you've put one on retainer who is so evil people think you summoned him from a pentacle drawn in blood instead of the yellow pages.
Everyone needs one of these
But he better be played by Pacino
PN, I take issue with Moloch being an owl. As of when? Of course I have to look up owls of africa
http://www.owlpages.com/owls.php?location=Africa
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Quote:
Originally posted by dreamtrove:Quote:
So shut the hell up and wait for YOUR lawyer to get there - and make sure you've put one on retainer who is so evil people think you summoned him from a pentacle drawn in blood instead of the yellow pages.
Everyone needs one of these
But he better be played by Pacino
PN, I take issue with Moloch being an owl. As of when? Of course I have to look up owls of africa
http://www.owlpages.com/owls.php?location=Africa
Problem is the best a-hole lawyers cherry pick their clients, and demand a $10,000 cash retainer before starting any case. Poor clients had better educate themselves ASAP. With the current economic Depression, with govts going BK, the Police State is ramped up to suck more money for the vampyres.
Moloch is an owl according to Bohemian Club Inc. They changed to an owl to keep it more covert. The Owl of Bohemia burns babies just like Moloch the cow in Jerusalem, as discussed in the Torah/Bible.
Watch the old Italian silent movie CABIRIA (children cooked in a cow WITH WINGS). Moloch is alive an well in Hollyweird...
www.google.com/search?hl=en&q=cabiria+film&aq=0&oq=cabiria
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Quote:
They changed to an owl to keep it more covert.
Or he's an owl and not Moloch.
Caribia is the name of Chavez's new socialist utopia:
http://www.csmonitor.com/2008/0401/p04s01-woam.html
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Pay money for a retainer ?
HA!
One of the more useful benefits in spiking the info stealing databases long before those tactics became ineffective was also learning how they work and how to dig info out of them, via boolean logic strings, oddtext matching or what have you...
And learning of their own sources and methods, of course.
Reason I mention that, is I don't pay the man squat, I don't have to - first cause it's royal hell to catch me on anything and second cause should that happen I am not stupid enough to give them anything to work with, so all he has to do is show up.
And why ?
Cause one of his favorite tactics is cop-gunning, which is finding *enough* dirt on a cop to blow his credibility to flinders right in front of the jury, but that kinda research takes time and effort, costs a chunk of change, and requires folk you can absolutely trust - something that money just can't buy.
Or he can get it for the asking, in exchange for backing up someone smart enough to stay out of hassle in the first damn place - who has enough of an axe to grind against even the CONCEPT of police that they'll dig deep and wide with a big nasty grin the whole while.
And if we're feeling particularly nasty, we'll rummage sale the prosecutor too - but they're much smarter than cops and tend to cover their own ass pretty solid cause they use the same tactics on defendants.
-Frem
It cannot be said enough, those who do not learn from history, are doomed to endlessly repeat it
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http://uncyclopedia.wikia.com/wiki/Moloch
http://www.google.com/webhp?hl=en&btnG=Google+Search#hl=en&safe=off&q=
-Bohemian+owl+moloch+-grove+female&fp=23tj5qXL0AY
But lunatics agree:
http://answers.yahoo.com/question/index?qid=20071120213714AAf8zfq
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Here's the audio portion of the poolside videotape, that may cost Knox County taxslaves a $1.2-million tax increase:
www.archive.org/details/pool-video-l-a-woman
More detailed account of this courthouse fiasco:
http://piratenews-tv.blogspot.com/2009/02/cops-da-jury-say-video-at-sw
imming-pool.html
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