Henderson County, Tenn. Judge Rules Enough Evidence to Continue the Case Against Jeff Pearcy in 2011 Disapperance of Holly Bobo in Darden, TN … Witness Claims to Have Seen Holly Bobo on Video After She Went Missing
Oh Dear God if True …
A Henderson County, Tennessee judge ruled today that there was enough evidence and probably cause to go forward and continue the case against Jeff Pearcy in the disappearance of Holly Bobo. Pearcy is charged with accessory after the fact and tampering with evidence . During today’s hearing, the state called witness Sandra King who testified she saw a video, about 30 and 45 seconds in length, featuring a woman crying with her hands tied-up and crying. Sandra King said the woman had blond hair and looked like Holly Bobo. King indicated Pearcy’s half-brother Mark shot the alleged video. King is believed to have lived with Jeff Pearcy for about two months from March to May 2014. To make matters worse, Sandra Kind stated, “He [Jeff] told me Mark [Pearcy] had video showing Zach Adams having sex with Bobo.” Holly Bobo has been missing since 7:30 am Wednesday morning, April 13, 2011 at her home on Swan Johnson Road in Darden, TN when she was kidnapped from her home in Decatur County, Tennessee.
Witness Sandra King testifying in Court
Holly Bobo was seen on video after she disappeared, according to a witness during a court proceeding Tuesday.
Jeff Pearcy was in court when a Henderson County judge ruled there is enough evidence to continue the case against Pearcy who is charged with accessory after the fact and tampering with evidence .
Sandra King, who once lived with Pearcy, testified she saw a video of a tied up woman crying, “I seen [sic] a woman tied up. She was crying… she was blonde. Yes, it looked like Holly Bobo. I did not want to see more.”
King also testified Jeff told her Mark had a video of Zach Adams having sex with Holly Bobo according to WTVF-TV.
Missing: Holly Bobo
Zach Adams is charged with felony first degree murder and especially aggravated kidnapping in the disappearance of Holly Bobo, though a body has never been found. Mark Pearcy has been held in Carroll County without bond.
Suspect Jeff Pearcy
King testified that Zachary Adams, who has been charged with murder and kidnapping in connection with Bobo’s disappearance, was also in the video.
“I knew what he was fixing to do; I did not want to see,” King said.
Jeffrey Pearcy and his brother, Mark Pearcy, are charged with tampering with evidence and accessory after the fact in Bobo’s murder.
King testified that Jeffrey Pearcy showed her the video that Mark Pearcy took of Adams having sex with Bobo. She said Bobo was tied up and crying.
So far, nobody else has seen the video, including investigators, so they set Jeffrey Pearcy up with a phone call.
“I said to him, ‘You know that video of Holly, if it would have been you in that video, I would have watched it,’ and he said, ‘Yes I know,’” King said.
Jeffrey Pearcy said he couldn’t hear what King was saying over the phone and believes this was all a mistake. He said this is a sex tape with Mark Pearcy and his ex-wife, who also happens to be named Holly.
32 Year old Fugitive Child Molester Charles Richard Mozdir Featured on CNN’s ‘The Hunt’ Killed in NYC Shootout
Good riddance to bad rubbish …
32 year old Charles Richard Thomas Mozdir, a fugitive child molestation suspect from Coronado, CA was shot and killed by US Marshall’s on Monday in New York City. Mozdir, who was pronounced dead at a New York City hospital. According to accounts, two US Marshals and one NYC police officer were injured in the shootout. They are all in good condition.Charles Richard Mozdir had been sought since June 2012, when he failed to appear for a pretrial hearing on charges of molesting a child in Coronado. A judge issued a $1 million warrant for his arrest.
Charles Richard Thomas Mozdir – City of Coronado Police Department
A fugitive child molestation suspect from Coronado who had been on the run for more than two years died Monday in a New York City shootout that left three law enforcement officers wounded.
Charles Richard Thomas Mozdir, 32, opened fire when two U.S. Marshals and an NYPD detective tried to take him into custody at a Greenwich Village smoke shop about 1 p.m. Eastern time, authorities said.
Mozdir was apparently working at the shop as a salesman.
One witness next door said authorities went inside to talk to Mozdir and he just started shooting.
His case had recently been featured on CNN’s “The Hunt with John Walsh.” Mozdir was accused of abusing a young boy while babysitting him and authorities later found evidence of child pornography and bestiality on his cellphone and computers, according to the show’s website, quoting federal authorities.
Authorities have searched for him in Coronado, Georgia, California and Mexico, according to the show.
In the end, we have one less sex offender who will never, and I repeat never will offend again.
Father Beats Child Molester Raymond Frolamder Unconscious After Catching Him in the Act of Sexually Assaulting his Son in Volusia County, FL
The feel good story of the day and hero of the week goes to the 35 year old unidentified Florida father.
18 year old child molester, Raymond Frolander, was left beaten, battered and unconscious in a pool of his own blood after a Florida father caught the perv in the act of sexually assaulting his son. The unnamed father called 9-1-1 Frolander has since been charged with sexual battery on a victim under 12 and is being held without bail, county jail records show. Daytona Beach police chief Mike Chitwood said the father was not charged with a crime. Not been charged? The dad should get a medal. CNN affiliate CFN 13 asked Daytona Beach Police Chief Michael Chitwood whether he had any issue with the father’s reaction Friday. Chitwood responded, “Not as a police chief and not as a father.” Frolander is being held without bail.
“I just walked in on a grown man molesting—,” the 35-year-old unidentified father told a 911 dispatcher. “And I got him in a bloody puddle for you officer.”
Asked by the dispatcher if he had used any weapons, the father responded, “My foot and my fist.”
“I didn’t proceed to ask him any questions sir,” he said. “He is nice and knocked out on the floor for you. I drug him out to the living room.”
“He stood up and his pants were around his ankles and nothing else needed to be said,” the father added to the dispatcher. “I did whatever I got a right to do except I didn’t kill him.”
The father then advised the dispatcher to deploy paramedics. “Send an ambulance. He is going to need one.”
An 18 year old Child Molester Raymond Frolander after Father got through with him (Pic source: Volusia County Jail)
According to Frolander’s arrest affidavit, police say when they questioned him he admitted sexually battering the child and said, “I’m guilty.”
Frolander was charged with sexual battery by an 18-year-old on a victim under 12 and is being held without bail, Volusia County Branch Jail records show.
The child told investigators that he was playing video games with friends but after the friends left, Frolander asked the boy to sit in his lap and then took him to a back room, the report states.
Frolander then pulled the boy’s pants down and started sexually battering him, the boy told police, adding that Frolander had been abusing him since he was 8 years old, investigators said.
Now that is some street “JUSTICE” … Parental style. How would have the nerve to say that this
perp perv did not get exactly what he had coming?
Just Disgusting … Pope Francis Says 1 in 50 Roman Catholic Priests Are Pedophiles … Abuse of Children was Like “Leprosy” Infecting the Church
WHEN WILL THE CATHOLIC CHURCH PURGE ITSELF OF THIS SCOURGE?
Pope Francis was quoted in an Italian newspaper, La Repubblica, that 1 in 50 or 2% of Roman Catholic priests are pedophiles. The Pope said that the abuse of children was like “leprosy” infecting the Church. However, the Vatican was quick to backtrack on the comments and say that the Pope was misquoted. What, did the Pontiff quote a higher number? At some point the Vatican is going to have to come clean and rid itself of this terrible blight. If they think its an “infection” then they best find a cure pretty damn soon.
Pope Francis on Sunday was quoted by an Italian newspaper saying that about two percent — or 1 in 50 — of Roman Catholic priests are pedophiles, but the Vatican quickly released a statement saying the pontiff had been misquoted. Church officials also said that the journalist who did the story for La Repubblica had a history of having long conversations with public figures without taking notes or taping them, and then reconstructing them from memory.
“Many of my collaborators who fight with me (against pedophilia) reassure me with reliable statistics that say that the level of pedophilia in the Church is at about two percent,” Francis was quoted as saying.
The Pope reportedly told Italian newspaper la Repubblica that abuse of children was like “leprosy” infecting the Church.
Francis said the “corruption of a child is the terrible and unclean thing imaginable” and vowed to “confront it with the seriousness it demands”.
He said that paedophilia was unfortunately common and widespread.
“The church is fighting for the eradication of the habit and for education that rehabilitates. But this leprosy is also present in our house,” he was reported to have said.
“Many of my colleagues who are working against it tell me that paedophilia inside the church is at the level of two per cent. Among the two per cent who are paedophiles are priests and even bishops and cardinals.”
16 Year Old Ashley Lyon Missing Since 6/11/14 from Valrico, FL … Believed to be With 41 Year Old Registered Sex Offender Steven Patrick Myers (Update: Missing Teen Found with Sex Offender after car chase in Louisiana)
16 year old Ashley Lyon has been missing since Wednesday, June 11, 2014 in Valrico, Florida. Lyon was last seen around 4 p.m. on Wednesday at her home on the 4000 block of Water Lark Way in Valrico. The Florida Department of Law Enforcement issued a statewide missing child alert on Saturday afternoon for Ashley Lyon who police believe is in the company of 41 year old registered sex offender, Steven Patrick Myers. Ashley Lyon has been diagnosed as bipolar and is without her medication. Authorities say that they two may be traveling in a 1989, dark-colored, Ford Ranger truck with flames painted on the front and sides with Florida tags CSJM45.
The Florida Department of Law Enforcement issued a statewide missing child alert on Saturday afternoon for Ashley Lyon, who has not been seen or heard from since leaving her Valrico home. Lyon has been diagnosed as bipolar and did not take her medications with her.
Deputies said Lyon may be in the company of 41-year-old Steven Patrick Myers, who the sex offender registry indicates moved to Plant City after two convictions on sex charges in Georgia.
Lyon was wearing a black tank top, black gym shorts and black shoes. She has brown eyes and black hair. She weighs 175 pounds and is 5 feet, 6 inches tall.
Myers has brown hair and blue eyes. He weighs 156 pounds and is 5 feet, 11 inches tall.
They might be traveling in a 1989, dark-colored, Ford Ranger truck with flames painted on the front and sides. The tag number is CSJM45.
Ashley’s parents said they recently found out she had been spending time with Myers, who lives in Plant City, but has relatives in their neighborhood.
The Lyons grounded Ashley but she disappeared while her mother Michelle had jury duty and father Roger was at work.
“I returned home from work at approximately 4:30 that afternoon. I heard music on in her room. My assumption was that she was in the room. When my son and I finished barbequing dinner, I said go get your sister, it’s time to eat and at that point he said she’s not in her room,” said Roger Lyon.
The family said she hasn’t been heard from since and her phone is off.
“Quite honestly, we’re not angry at this point,” he said. “We’re terrified. We just want our baby daughter to come home.”
UPDATE II: $5,000 reward offered in missing teen case.
Hillsborough County, Florida – A father is making an emotional plea on this holiday weekend. His 16-year-old daughter has been missing since Wednesday and he is asking for the public’s help in finding her.
A $5,000 reward is being offered for any information that leads to finding Ashley Lyon.
Ashley’s family spent the evening passing out flyers at businesses near their home in Valrico. They also passed fliers out near a gas station in Plant City, where 41-year-old Steven Myers, a two-time sex offender, lives. Ashley’s family believes she is with Meyers.
The parents of a missing Valrico teenager spent Father’s Day distributing fliers to businesses and neighborhoods all over Hillsborough County.
Ashley’s parents say the community and thousands on social media have been helping in the search and they won’t rest until their daughter’s home safe.
“There are so many, I mean, I’ve had my daughter’s teacher call and anything she can do she wants to help. And so many online shares, like the missingcase.com that was posted last night – they already had close to 5,000 shares,” said Michelle Lyon, Ashley’s mother.
“Today isn’t Father’s Day. Today’s Ashley’s day and it will be Father’s Day when I get her back home,” said Roger Lyon, her father.
Anyone with any information regarding the whereabouts of Ashley Lyon is asked to call the Hillsborough County Sheriff’s Office at 813-247-8200, Crimestoppers at 1-800-873-TIPS or the FDLE Missing Endangered Persons Information Clearinghouse at 888-FL-MISSING.
A truck stop cashier spotted a sex offender and a Florida teen who’d been missing for a week, setting off a 40-mile chase across Louisiana swampland that ended when the man’s truck burst into flames, officials said Thursday.
The Florida man — Steven Myers, 41, of Plant City — and the 16-year-old girl both had stab wounds and were in serious but stable condition, police said. Investigators believe but have not confirmed that Myers stabbed the girl and then himself, said Cpl. Paul Mouton, spokesman for the Lafayette City Police Department.
The missing Tampa Bay area teen found in Louisiana early Thursday was stabbed 10 or 12 times after the registered sex offender she was traveling with “realized he wasn’t getting away” during a high-speed pursuit, a sheriff’s official said.
Ashley Lyon, 16, Valrico was upgraded to serious but stable condition at a Lafayette, La., hospital, police said.
The man she was with, Steven Myers, was also hospitalized after the 40-mile pursuit with law enforcement. He was in serious but stable condition with apparent self-inflicted stab wounds and K-9 bites after confronting officers with a knife, police said.
Santa Clara County Superior Court Judge Gilbert Brown Rules Serial Rapist, the “Pillowcase Rapist” Christopher Evans Hubbart, Be Released from Prison
WHAT IS THIS JUDGE THINKING!!! Do the rights of the law-abiding public ever supersede the rights of a serial rapist violent sexual predator? Honestly, who releases into the public a serial rapist?
Santa Clara County, California Superior Court Judge Gilbert Brown has done the unthinkable, he has ruled that Christopher Evans Hubbart, a serial rapist, be released from prison. 67 year old Christopher Evans Hubbart was dubbed the “Pillowcase Rapist” who sexually assaulted at least 40 women in the 1970′s and 1980′s; however, authorities believe the number of victims is closer to 100. He got his nickname by using a pillowcase to muffle the screams of some victims. This serial, sexual predator admitted to raping and assaulting about 40 women between 1971 and 1982 and was sentenced to 16 years in prison. He was paroled in 1990 only to be arrested two months later for a new sexual assault. Hubbart was returned to prison until 1996. Judge Gilbert Brown said Hubbart will resided at a home in the 2000 block of East Avenue R. WTF. This issue is that these sexual predators have to go some where when they get out. Hmm … how about Hell!!!
It is bad enough what this judge did, but how in the hell did any doctor deem this predator fixed and safe to be released into society? What part about a serial sex offender do they not get? These habitual, serial raping scumbags cannot be fixed.
The so-called “Pillowcase Rapist” who attacked at least 40 women in the 1970s and 1980s will be freed and allowed to live in a remote Southern California desert area despite a host of vocal protests, a judge ordered Friday.
Christopher Evans Hubbart, 63, must be released from a state facility by July 7, Santa Clara County Superior Court Judge Gilbert Brown ruled.
Hubbart will be permitted to rent a small house near Palmdale, some 45 miles northeast of downtown Los Angeles.
“Now we are preparing for his arrival,” said District Attorney Jackie Lacey, who spent months fighting Hubbart’s release. “We will do everything within our authority to protect the residents of Los Angeles County from this dangerous predator.”
State Assemblyman Steve Fox:
Fox has proposed legislation which would require communities to be notified in advance of the release of sexually violent predators if they are being released to counties other than the one where they were sentenced, KTLA reports. The legislation, Assembly Bill 1607, passed the State Assembly on Friday.
UPDATE I: Christopher Evans Hubbart to be located in a remote part of Palmdale, about 60 miles north of Los Angeles, CA.
“I know he’s going to escalate and he’s not going to leave any witnesses behind,” Holbrook said. “He is going to prey on us like a cat, like a slimy rattlesnake.”
Hubbart must wear a GPS ankle monitor and will be transported to individual therapy sessions twice per week. He will be accompanied by a Liberty supervisor when he goes out in public for the first six months to a year, according to terms of his release.
The house (pictured, right) is located in a remote part of Palmdale, about 60 miles north of Los Angeles. He was ordered to Los Angeles County because of a state law that states a judge can send a sexually violent predator back to his “alleged county of domicile.”
“There’s no streetlights out here, the cell service doesn’t hardly work out here. What is this judge thinking?” Holbrook said.
The PEOPLE, Plaintiff and Respondent,
Christopher Evans HUBBART, Defendant and Appellant.
WHEN THIS PREDATOR RAPES AND HE WILL RAPE AGAIN … THIS JUDGE AND MENTAL HEALTH DOCTORS SHOULD BE BROUGHT UP ON CHARGES.
Marion Superior County Judge Kurt Eisgruber Orders No Prison Time for Indiana Man David Wise Convicted of Drugging & Raping his Wife Mandy Boardman
Talk about a travesty of Justice, since when have we become lenient on rapists … What is is this Shariah Law?
Get ready to be outraged … On May 10, 2011, Mandy Boardman told the detectives at the Indianapolis Metropolitan Police Department the bizarre story that her husband, David Wise, had been drugging her for at least three years and raping her in her sleep. She had also found video on his cell phone. Last month a jury convicted Wise of six felony charges related to sexually assaulting his wife. On Friday, May 16, 2014, Marion Superior Court judge Kurt Eisgruber sentenced Wise to 20 years. Seems OK so far, right? Well it ends here.
The judges sentence did not include one day in prison. In regards to the 20 year sentence, 12 years were suspended and 8 years were to be spent in home confinement. WHAT THE HELL WAS THIS JUDGE THINKING!!! Since when are we lenient on rapists?
But perhaps the strangest thing is what happened after a jury convicted Wise last month of six felony charges related to sexually assaulting his wife.
On Friday, a Marion Superior Court judge sentenced Wise, 52, to 20 years — but not a day in prison. Of the sentence, 12 years were suspended and 8 years were to be spent in home confinement.
Prosecutors had asked for 40 years in prison.
And Boardman — who divorced Wise after discovering what he’d been doing — is furious.
“To have my rapist, my attacker, convicted on all six counts, only to be let go – only for him to walk out that door the same time I could — was just unfathomable,” Boardman told the Los Angeles Times in a phone interview on Monday. “I never thought that he would be at home, being able to have the same rights and privileges as I do.”
It gets worse, if possible. From Mediaite, check out the rapists defense as to why he was drugging and sexually assaulting his wife.
His wife was “snippy” and drugging her “made her nicer” is how an Indianapolis man convicted of repeatedly drugging and raping his wife explained his actions in court. The offenses, carried out over the course of three years, netted Indiana resident David Wise a grand total of zero years in prison after a trial in which he was found guilty.
Wait, it gets even worse, if that is possible. The judge turned to the victim and told her that she needed to forgive her attacker. WHAT!!! Where does this judge get off making any such comment, especially when the rapsist never apologized and showed any remorse.
“While the judge was giving his opinion on the sentence, he first turned to me and told me I needed to forgive my attacker, which is unfathomable,” Boardman told The Times. “He told me I needed to forgive my attacker and I needed to let my attacker walk. It was a punch to the gut from the justice system — or from one judge.”
The Marion County Prosecutor’s Office confirmed the accuracy of Eisgruber’s remarks.
EXIT QUESTION: What is more criminal, a sicko husband who drugs and rapes his wife or the judge that gives this depraved individual a slap on the wrist?
Illegal Immigrant Oscar Ayala-Arizmendi Charged with First Degree Kidnapping & Rape … Forcibly Held a 27 Year Old Woman as Sex Slave for 18 Months in Buhl, ID
Another illegal coming to America out of an act of love. Or is it an act of rape? Don’t worry Oscar, Barack Obama will let you out of prison like the thousand of other illegal felons …
36 year old illegal immigrant Oscar Ayala-Arizmendi has been charged with first degree kidnapping, rape and possession of a controlled substance as he allegedly forcibly kept a 27 year old woman in his home as a sex slave. Should we have called him an “undocumented” rapist instead? According to the victim, she was forced to be a sex slave, forced to perform sexual acts, shackled in chains, while forced to take meth and with a gun to her head. She eventually escaped on April 8, but it was not until two weeks later, after the woman was arrested on a drug charge and in jail, that she told police her story of horror. This led the police to getting a search warrant for the Twin Falls County home. The authorities found chains and locks mounted to walls and floors, chains on exterior doors, a handgun, and an electrical wire system intended to shock anyone trying to escape. Bail was set at $1 million. Ayala-Arizmendi’s next court appearance is scheduled for May 23.
On Tuesday afternoon around 4:30, Twin Falls County Sheriff’s deputies served a search warrant at Ayala-Arizmendi’s home in Buhl. Inside, they found devices and restraints that back up the story of a 27-year-old woman who claims she was held here against her will.
The woman says the abuse began before they moved into the home in southern Buhl.
She told police that Ayala-Arizmendi raped her repeatedly, forced her to use meth and sometimes held a gun to her head.
In essence, she told investigators, she was Ayala-Arizmendi’s sex slave – forced to perform sexual acts, shackled or with a gun to her head.
The woman said he kept her “drugged up on meth,” making her smoke it against her will more than two to three times a week.
She says the windows of this home were boarded up – exterior doors were chained preventing her from escaping.
But don’t worry, this is just another one of Jeb Bush’s fine upstanding illegals coming to America out of an act of love. Oscar Ayala-Arizmendi better hope he is in America illegally, that way Obama will let him go free like the rest of the illegal murders, rapists and sex offender.
Imprisoned Murderer Joran van der Sloot to Marry 23 Year Old Leydi Carol Figueroa Uceda, Pregnant With His Child … Weddings & Parenthood, Things Natalee Holloway & Stephany Flores Will Never Experience
Just one more vindictive poke in the eye to Natalee Holloway’s Family …
May 2005 Natalee Holloway goes missing in Aruba while on vacation with other teens from Mountainbrook, Alabama and Joran van der Sloot was and still is the primary suspect in all rational thinking people’s minds in her disappearance and death. Five years to the day that Natalee went missing, May 2010 Joran van der Sloot murders 21 year old Stephany Flores and later confesses to the crime and is eventually found guilty and sentenced to 28 years in prison in Peru. Now May 2014, Joran van der Sloot through his attorney tells the world that the sociopath is getting married in a couple of weeks to 23 year old Leydi Carol Figueroa Uceda, who is pregnant with his child. Coincidence, hardly.
Sadly, neither Natalee Holloway nor Stephany Flores will ever be able to experience the joys of marriage or being a parent. Yet this sociopath is allowed to do both. One day there will be a reckoning Joran and it will not be pretty.
Hey Leydi, you may want to rethink the nuptials … it did not work out so well for the two girls above being near “The Sporter,”Natalee Holloway and Stephany Flores
He’s serving a 28-year sentence for killing a Peruvian woman. He’s also the main suspect in the disappearance of an American teenage girl. But these days, Joran van der Sloot is more focused on his wedding plans than his legal situation.
Maximo Altez, van der Sloot’s Peruvian defense attorney, told CNN the 26-year-old Dutch national is getting married “in late May or early June” to a Peruvian woman he befriended in the prison in which he’s being held in Lima, the capital.
“They met when she was visiting a relative in prison. They became friends and spent a lot of time together in his cell,” Altez said. “Unlike The United States, here in Peru loved ones or relatives can see inmates inside their jails.”
Joran van der Sloot is scheduled to be released on June 10, 2038; but according to his attorney the 28 year sentence can be reduced considerably “for good behavior.” However, Van der Sloot is then supposed to be extradited to the United States to face extortion charges. Some have speculated that Joran is marrying his prison conjugal visit partner to help him become a Peru citizen and some how lessen his chances for extradition to the US. However, as stated above by HLN correspondent Jean Casarez, there is no benefit for Van der Sloot to get married. So why? Can you just say spite from the sociopath and one more way to harass Beth Holloway and Natalee’s family. It is not lost that this is the anniversary of her death and disappearance.
EXIT QUESTION: WILL JORAN VAN DER SLOOT AND HIS SOON TO BE BRIDE LEYDI CAROL FIGUEROA UCEDU HONEYMOON IN ARUBA?
For more updates, read comments and opinions of others and to provide your own, go to Scared Monkeys Missing Persons and Crime Forum: Natalee Holloway.
US Supreme Court Sets Aside $3.4 Million Verdict for Child Porn Victim … SCOTUS Says: May Claim Damages from Every Person Caught with Illegal Images
The case was Paroline vs. United States:
The SCOTUS has setaside a$3.4 million verdict again a Texas man named Doyle Paroline. The 5-4 decision upholds part of the Violence Against Women Act which calls for restitution to victims of child pornography, but it has some up with a compromise position on how to set the monetary amount. The SCOTUS majority opinion says those who possess the child porn images must pay something because they have contributed to the abuse. In essence, the Court ruled that a federal district court judge must calculate how much to assess against Paroline personally. The WAPO points out that the 5-4 decision was not the typical SCOTUS left-right split, which although the opinions were based on different rationals, at least issues like child porn are dealt with not along political lines.
Victims of child pornography whose images of sexual abuse have circulated on the Internet may claim damages from every person caught with illegal images, the Supreme Court ruled Wednesday.
But justices rejected the idea that a single person who possesses such images may be assessed the full amount due to the victim, setting aside a $3.4-million verdict against a Texas man in a favor of a woman whose childhood rape was photographed and widely circulated on the Internet.
The 5-4 decision upholds part of the Violence Against Women Act which calls for restitution to victims of child pornography, but it adopts a middle-ground position on how to set the amount. It said those who possess the images must pay something because they have contributed to the abuse.
“It makes sense to spread the payment among a larger number of offenders in amounts more closely in proportion to their respective causal roles and their own circumstances,” said Justice Anthony Kennedy. “This would serve the twin goals of helping the victim achieve eventual restitution for all of her child pornography losses and impressing upon offenders the fact that child pornography crimes, even simple possession, affect real victims.”
His opinion in Paroline vs. United States leaves it to federal judges to decide on the proper amount in each case.
The case began when a young women using the name “Amy” learned the photos of her sexual abuse as an 8 year old child were circulating on the Internet. Sadly, it was her uncle, Eugene Zebroski, that was her abuser. Initially, a federal judge refused to order Paroline to pay restitution because there was no proof his offense caused or contributed to Amy’s abuse. However, a federal appeals court in New Orleans would overturn that decision and ruled for Amy and said Paroline was responsible for paying the full amount she had sought, a total of $3.4 million.
Paroline was among an estimated 71,000 people worldwide who viewed the attacks.
The full decisions can be read HERE.
Much, much more at the SCOTUS Blog, Opinion analysis: Dividing the duty to pay for child porn.
Each individual — among hundreds and maybe thousands — found guilty of keeping and looking at images of a child being sexually abused must pay the victim something more than a “trivial” sum, but none of them can be required to pay for all that the victim has lost, the Supreme Court ruled Wednesday in a five-to-four decision.
The ruling in the case of Paroline v. United States, settling a dispute among lower courts on a mandatory law of restitution to victims of child pornography, refused to establish a specific formula for allocating the financial blame, telling federal trial judges to “do their best,” with a few suggestions for starting points. Justice Anthony M. Kennedy wrote the majority opinion.