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.

SCOTUS

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.

Former Boxer Rubin ‘Hurricane’ Carter, Who Was Wrongly Convicted of Murder Dies at age 76 of Prostate Cancer in Toronto, Canada

Rubin “Hurricane” Carter, the former middleweight boxing contender who spent 19 year in prison after being wrongly convicted of a triple murder, has died in Toronto, Canada at the age of 76 from prostate cancer. John Artis, a longtime friend and caregiver, said Carter died in his sleep Sunday. Rubin Carter spent 19 years in prison for a triple killing at the Lafayette Bar and Grill in Paterson, New Jersey before a federal judge ruled in 1985 that he and John Artis, who was with Carter on the night of the shootings. His story was made famous by Denzel Washington in the 1999 movie, ‘The Hurricane’ and  the Bob Dylan’s 1975 song, ‘Hurricane’.  However, truth be known, there was much poetic Hollywood license and fiction in the movie. There was a bit to much of the softening of The Hurricane. But that being said, it does not change the fact that Rubin “Hurricane” Carter had been very wronged by the system. Carter was freed in November 1985 when his convictions were set aside after years of appeals and public advocacy.

Carter, 76, died of complications from prostate cancer, Wahrer said.

“I always remember spending hours and hours with Rubin talking about the wrongful convictions,” she told CNN. “He was a great mentor and teacher. I felt very fortunate to have those times with him. … He lived a very full life.”

Carter spent 19 years in prison for a triple killing in New Jersey before a federal judge ruled in 1985 that he and John Artis, who was with Carter on the night of the shootings, did not receive fair trials and released them.

The Toronto Star: Rubin “Hurricane” Carter dead at 76.

His career as a prized, top middleweight boxer ended abruptly when he was wrongfully convicted of a 1966 triple murder in New Jersey. In 1985 a U.S. judge freed him, ruling that the prosecution had conducted “an appeal to racism rather than reason, concealment rather than disclosure.”

After he was released from prison Carter moved to the Toronto area, where he took up the cause to fight for those who are wrongfully convicted. In 1993 he helped establish the Association in Defence of the Wrongly Convicted, a Toronto-based non-profit.

Toronto lawyer James Lockyer, a founding director of the association said Carter “dominated the room with a mixture of power and humour and decisiveness.”

Lockyer said Carter forged close bonds with the wrongfully accused he worked to free, a lengthy list that included Guy Paul Morin, David Milgaard and Steven Truscott.

“He brought such comfort to them and such inspiration to them to carry on the fight,” Lockyer said.

Whenever the association needed an advocate or a speaker, Carter was the natural choice, he said.

And now for a more truthful depiction of Rubin “Hurricane” Carter, his career, the events of 1966 at the Lafayette Bar and Grill in Paterson, New Jersey, the trial and aftermath … from ESPN Sports Century – Rubin Hurricane Carter.

Sports Century – Rubin Hurricane Carter Part 1 of 3

Sports Century – Rubin Hurricane Carter Part 2 of 3

Sports Century – Rubin Hurricane Carter Part 3 of 3

Judge Gayle Williams-Byers Ordered 62 Year Old Edmond Aviv Convicted of Harassing a Neighbor & Her Disabled Children to Stand on Street Corner with a sign that says,”I AM A BULLY”s a bully. to hold the sign for five hours Sunday

JUSTICE … Neighborhood bully finally got what was coming to him.

Municipal Court Judge Gayle Williams-Byers ordered 62-year old Edmond Aviv to display the sign for five hours Sunday that said, “I AM A BULLY!” The order comes in response to the neighborhood jerk harassing and bullying. According to court records, Aviv has feuded with his neighbor Sandra Prugh for the past 15 years. According to court records, Prugh stated in a letter to the court that Aviv had called her an ethnic slur, [monkey momma], while she was holding her adopted black children, who have developmental disabilities, cerebral palsy and epilepsy, spit on her several times, regularly threw dog feces on her son’s car windshield, and once smeared feces on a wheelchair ramp.  However, the most recent case stemmed from Aviv being annoyed at the smell coming from Prugh’s dryer vent when she did laundry, in retaliation, Aviv hooked up kerosene to a fan, which blew the smell onto Pugh’s property.   The judge also ordered Aviv to serve 15 days in jail and to undergo anger management classes and counseling. Aviv also had to submit an apology letter to Prugh.

Bully_Edmond Aviv2

WKYC – VIDEO – pic: Screen grab fron video

A man accused of harassing a neighbor and her disabled children for the past 15 years sat at a street corner Sunday morning with a sign declaring he’s a bully, a requirement of his sentence.

Municipal Court Judge Gayle Williams-Byers ordered 62-year-old Edmond Aviv to display the sign for five hours Sunday. It says: “I AM A BULLY! I pick on children that are disabled, and I am intolerant of those that are different from myself. My actions do not reflect an appreciation for the diverse South Euclid community that I live in.”

The Northeast Ohio Media Group reported that Aviv arrived at the corner just before 9 a.m., placing the hand-lettered cardboard sign next to him as he sat in a chair. Within a couple of minutes, a passing motorist honked a car horn.

Court records show Aviv pleaded no contest in February to a misdemeanor disorderly conduct charge. His attorney didn’t return a telephone call for comment.

Bully_Edmond Aviv

Click here to watch VIDEO

 

AG Eric Holder Plays the Race Card at Sharpton’s National Action Network Conference About How Congress Treated Him

What a shock, Attorney General plays the victim and the race card …

While speaking to the Rev. Al Sharpton’s National Action Network at its annual convention in New York on Wednesday, Attorney General Eric Holder complained about how he was “treated” by a House committee the day before, namely Rep. Louie Gohmert (R-TX), played the race card, calling it evidence of “ugly and divisive” civil rights challenges facing him and President Barack Obama. Holder stated that his and Barack Obama’s treatment by Congress has been unprecedented to his Al Sharpton crowd. Hmm, what ever could he be implying? Really Holder, call the “wahmbulance”. Holder may want to do some Google searches on how past GOP presidents were treated, he may learn something. But, liberals are always the victim and in Holder’s case, throw a little racism on the fire to continue the divide and conquer strategy as the Obama administrations fails America.

Attorney General Eric Holder strayed from prepared remarks to slam the way he was “treated” by a House committee the day before, calling it evidence of “ugly and divisive” civil rights challenges facing him and President Barack Obama.

“The last five years have been defined by significant strides and by lasting reforms even in the face, even in the face of unprecedented, unwarranted, ugly and divisive adversity,” Holder said. “If you don’t believe that, you look at the way — forget about me, forget about me. You look at the way the attorney general of the United States was treated yesterday by a House committee — has nothing to do with me, forget that. What attorney general has ever had to deal with that kind of treatment? What president has ever had to deal with that kind of treatment?”

Holder goes off script and plays the victim during a speech he gave Wednesday to Al Sharpton’s National Action Network. 

Holder vs. Gohmert, “Don’t Go There”

Attorney General Eric Holder lashed out a bit at Louis Gohmert yesterday during a contentious exchange, snapping, “You don’t want to go there, buddy.” Holder’s clearly steamed about the back-and-forth, and brought it up during a speech he gave Wednesday to Al Sharpton’s National Action Network. The Justice Department posted the transcript of Holder’s remarks as prepared for delivery, but Holder went off-script a bit to take a shot at the Republican congressman.

In the end, Eric Holder would have been fired under any other administration for the poor job that he has done. Holder has provided no justice in ‘Fast & Furious’, ‘Benghazi’ or the IRS scandal of targeting Conservative and Tea Party groups. However, when his job is to obstruct and protect Barack Obama’s bacon from impeachment and his connection to these scandals, Holder is doing a fantastic job and thus the reason why he is still employed. Maybe the reason why, as Holder says, “What attorney general has ever had to deal with that kind of treatment? What president has ever had to deal with that kind of treatment?” is because we have never had such a corrupt and imperial administration?

The Names of the Six Jurors who Acquitted George Zimmerman in the Death of Trayvon Martin Made Public

The six jurors in the George Zimmerman murder case better change their phone numbers to unlisted.

As reported in the Orlando Sentinel, the names of the six member jury panel that acquitted George Zimmerman in the shooting death of 17-year-old Trayvon Martin have been made public for the first time, after a new court order. RUT-ROH, these folks are in for a world of unwanted phone calls and possible home visits. Hopefully, the order will be stayed so that the individuals could prepare for this.

Zimmerman_Martin

The names of the six-member jury panel that acquitted George Zimmerman in the shooting death of 17-year-old Trayvon Martin have been made public for the first time, after a new court order, records show.

Circuit Judge Debra Nelson, who had previously ordered the jurors’ identifying information be kept confidential, granted access to the names in a ruling March 21.

Zimmerman’s defense asked the judge in June to keep the names secret until six months after the verdict. The judge set no timeline then, but noted in her new order they have been withheld more than eight months.

Attempts to reach the jurors by phone and in-person Thursday were unsuccessful.

Judge Jan Jurden Sentences du Pont Heir, Robert H. Richards IV, Probation for Raping His 3 Year Old Daughter Because ‘He Would Not Fare Well’ in Prison

WTF … who cares whether this child rapist would fare well in prison or not!!! How could anyone call this Justice?

Judge Jan Jurden, a Superior Court judge needs to be thrown off the bench after her insane sentencing decision for a child rapist. Judge Jurdan unbelievably sentenced Robert H. Richards IV to probation for the rape and molestation of his then 3 year old daughter stating, he “will not fare well” in prison. WHAT!!! Prison is not meant to be nice, it is meant to be a punishment and to keep predators away from society. However, this misguided judge actually said that prison life would adversely affect Richards. What about the adverse affect that his daughter faces thanks to his rape? So what was the “unique circumstances” that the judge made her decision, his wealth?

Robert H. Richards IV_rapist

Robert H. Richards IV

A Superior Court judge who sentenced an heir to the du Pont fortune to probation for raping his 3-year-old daughter wrote in her order that he “will not fare well” in prison and suggested that he needed treatment instead of time behind bars, according to Delaware Online.

Court records show that in Judge Jan Jurden’s sentencing order for Robert H. Richards IV she considered unique circumstances when deciding his punishment for fourth-degree rape. Her observation that prison life would adversely affect Richards confused several criminal justice authorities in Delaware, who said that her view that treatment was a better idea than prison is typically used when sentencing drug addicts, not child rapists.

Jurden gave Richards, who had no previous criminal record, an eight-year prison term, but suspended all the prison time for probation.

According to the following site, Judge Jurden’s present term ends May 29, 2013. Not soon enough!!!

UPDATE I: Judge said du Pont heir ‘will not fare well’ in prison.

O’Neill said he and his deputies have often argued that a defendant was too ill or frail for prison, but he has never seen a judge cite it as a “reason not to send someone to jail.”

Richards was no frail defendant, court records show, listing him at 6 feet, 4 inches tall and between 250 and 276 pounds. Nor do court records cite any physical illnesses.

O’Neill said the way the Richards case was handled might cause the public to be skeptical about “how a person with great wealth may be treated by the system.”

Jurden, who has been a judge since 2001, and Superior Court President James T. Vaughn Jr. did not respond to questions last week about the case.

UPDATE II: Du Pont heir accused of raping 2nd child in lawsuit.

A du Pont family heir who raped his 3-year-old daughter nearly a decade ago but received no prison time now faces a lawsuit from his former wife that accuses him of sexually abusing his toddler son.

Robert H. Richards IV, 47, who is supported by a trust fund and who paid $1.8 million for his 5,800-square-foot mansion near Winterthur Museum, pleaded guilty in 2008 to fourth-degree rape of his daughter. Currently on probation, he has never been charged with crimes against his son.

Obama’s Attorney General Eric Holder Endorses Shorter Prison Sentences for Certain Nonviolent Drug Traffickers

Eric Holder’s Department of Injustice: Are you kidding, are they trying to completely destroy America?

Barack Obama’s Attorney General Eric Holder now wants to propose shorter prison sentences for certain nonviolent drug traffickers. Not non-violent drug users, but drug dealers. So as long as you are not violent, you have the green light to traffic and deal drugs, according to Holder.  The U.S. Sentencing Commission proposed in January to modifying the guideline penalties so that many drug trafficking crimes would be tied to shorter sentencing ranges. The Justice Department says the effect would be to reduce by 11 months the average sentence of a drug trafficking offender and would trim the federal prison population by roughly 6,550 inmates over the next five years. GREAT … and we can have 6,550 formerly imprisoned drug dealers out on the streets to traffic in drugs again. BRILLIANT!!!

Drug Deal

Last night Bill O’Reilly had two Democrats on The Factor last night, Patrick Fennedy and Christopher Kennedy Lawford, discussing the ills of the legalization of marijuana. This is just the legalization of pot, Holder wants to set drug dealers free earlier who traffic in even worse things like heroin, crack, etc. Just curious, is Obama and Holder trying to destroy America entirely?

Former Congressman Patrick Kennedy (D-RI), a former prescription drug addict who has been one of the most prominent anti-pot voices in America of late, railed against the nascent marijuana industry for targeting teenagers… some time in the future. “They are going to make their money off of people like myself who are addicts and I just don’t think this is the kind of thing that makes our country stronger, families stronger and of course jeopardizes the public health at large.”

Just when viewers may have thought O’Reilly’s next guest would argue the other side of the issue, Christopher Kennedy Lawford came on even stronger against legalization. “The two most damaging drugs on the planet are legal alcohol and nicotine, we don’t need another legal drug,” he said. “Legalization will increase prevalence. Our youth are at risk.”

Drugs_BOR_screen grab P Kennedy

click HERE or on pic to watch VIDEO

ABC News:

Attorney General Eric Holder is endorsing a proposal that would result in shorter prison sentences for certain nonviolent drug traffickers, saying the change would rein in bloated federal prison costs and create a fairer criminal justice system.

Holder was to appear Thursday before the U.S. Sentencing Commission, where he was scheduled to announce his support for a commission proposal to lower the guideline penalties for certain drug crimes.

“This overreliance on incarceration is not just financially unsustainable, it comes with human and moral costs that are impossible to calculate,” Holder said in excerpts of his testimony, obtained by The Associated Press in advance.

The harshest penalties, he said, should be reserved for “dangerous and violent drug traffickers.”

Someone’s Chickens Just Came Home to Roost … Jeri Wright, The Daughter of Rev. Jeremiah Wright Found Guilty of Money Laundering

Rev. Jeremiah Wright’s daughters chickens appear to have come home to roost …

Jeri Wright, the daughter of Rev. Jeremiah Wright, President Barack Obama’s former controversial minister, was found guilty on Friday and convicted of money laundering. Jeri Wright was found guilty of 11 counts that included money laundering from a Chicago-based jobs program, ‘We Are Our Brother’s Keepers’, lying to federal agents and lying to a grand jury.  As reported at Breitbart, Prosecutor Timothy Bass said Jeri Wright lied “over and over” and went on a “spending spree” that included traveling to Las Vegas, buying vehicles, and remodeling her basement with cash from the money laundering scheme. The jury took less than 2 hours to return the guilty verdict on all charges. Of course, she said following the verdict that she did nothing wrong and plans to appeal.

Jeri_Rev_Wright

There was no comment from Rev. Wright as to whether the white people on the jury were liars.

The daughter of the Rev. Jeremiah Wright, President Barack Obama’s former minister, was convicted by a federal jury Friday of laundering thousands of dollars from a $1.25 million state grant for a Chicago-based job-training program.

Jeri Wright said she would “definitely” appeal the verdict in U.S. District Court, which found her guilty of 11 counts that included money laundering, lying to federal agents and lying to a grand jury.

Daughter of Jeremiah Wright Convicted in Fraud Scheme.

The $1.25 million state grant was for a not-for-profit work and education program called We Are Our Brother’s Keeper, owned by Regina Evans, former police chief of Country Club Hills, and her husband, Ronald Evans Jr. The couple has pleaded guilty to the fraud scheme.

Wright, a close friend of the couple, took as much as $11,000 from checks worth more than $30,000 that were supposed to be for work related to the grant, prosecutors said. About $20,000 was deposited back into accounts controlled by Regina and Ronald Evans.

The grant agreement was supposed to provide bricklaying and electrical pre-apprenticeship training and GED preparation at the Regal Theater, another entity owned by the couple. Little, if any, of the training provided in the grant agreement was ever completed, according to prosecutors.

WHAT!!! Upskirt Photos Not Illegal According to Massachusetts High Court

ARE YOU KIDDING ME … REMEMBER WHEN LAWS USED TO PROTECT OR PROVIDE JUSTICE FOR THE VICTIM?

How can it be that a man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law?  Massachusetts highest court ruled the following on Wednesday, “A female passenger on a MBTA trolley who is wearing a skirt, dress, or the like covering these parts of her body is not a person who is ‘partially nude,’ no matter what is or is not underneath the skirt by way of underwear or other clothing.”  The Court overruled a lower court and stated that the State law “does not apply to photographing (or videotaping or electronically surveilling) persons who are fully clothed and, in particular, does not reach the type of upskirting that the defendant is charged with attempting to accomplish on the MBTA.” Unbelievable! What ever happened to intent? Hell, what ever happened to Justice?

Just curious, what would have happened if he was doing this on a play ground?

Justice no

A man who took cellphone photos up the skirts of women riding the Boston subway did not violate state law because the women were not nude or partially nude, Massachusetts’ highest court ruled Wednesday.

The Supreme Judicial Court overruled a lower court that had upheld charges against Michael Robertson, who was arrested in August 2010 by transit police who set up a sting after getting reports that he was using his cellphone to take photos and video up female riders’ skirts and dresses.

The ruling immediately prompted top Beacon Hill lawmakers to pledge to update state law.

The Massachusetts Supreme Court’s justice is not only blind, it’s stupid as well.

Bi-Partisan Senate Vote Rejects Obama Nominee, Cop-Killer Atty. Debo Adegbile, to Lead the Justice Department’s Civil Rights Division

A stinging bi-partisan vote defeat for Barack Obama … Sorry, but actions have consequences.

In a 47 to 52 vote in the US Senate, Republicans were joined by seven Democrats voting to continue a filibuster of Debo Adegbile’s nomination for the influential post, to lead the Justice Department’s Civil Rights Division.Yes, the same Debo Adegbile, who represented cop-killer Mumia Abu-Jamal, who was found guilty in 1981 of killing police officer Daniel Faulkner and turned the case into a racially-charged political cause-celeb, and, in doing so, went far beyond his duties as a lawyer to zealously represent his client.

As Sen Ted Cruz (R-TX) stated, Those Who Advocate For Cop Killers Aren’t Suited For Leadership at DOJ.

Obama_copkiller

But not too much for Barack Obama to nominate …

Just what we did not need in the Civil Rights department enforcing the nation’s anti-discrimination laws, a lawyer as Pennsylvania Republican Sen. Pat Toomey led the charge against Adegbile’s nomination,“Under Mr. Adegbile’s oversight, LDF lawyers promoted the pernicious myth that Abu-Jamal was an innocent man, that he was framed because of his race.” Unproven allegations of racism reversed a cop-killers sentence.  So I guess Barack Obama will call the following Democratic Senators racists and playing Washington politics, Heidi Heitkamp (ND), Joe Manchin (WV), Mark Pryor (AR), Joe Donnelly (IN), John Walsh (MT), Chris Coons (DE) and Bob Casey Jr. (PA), who voted with Republicans to block the nomination of Adegbile.

The Senate rejected President Obama’s nominee to lead the Justice Department’s civil rights division on Wednesday in a stunning 47-52 vote in which seven Democrats abandoned their leadership.

The vote was all the more remarkable for the five Democrats in tough reelection races this year who voted in vain to move Debo Adegbile’s nomination forward.

Their votes now become ammunition for Senate Republicans, who argued Adegbile was unfit to serve because of his legal work in support of Mumia Abu-Jamal, who was convicted of killing Philadelphia

police officer Daniel Faulkner in 1981.

The vote was a stinging defeat for the White House that showed President Obama is politically out of step with some centrist Democrats heading into the midterm elections.

Obama_Laughing3

“He represents the best of the legal profession,” and if you like your cop-killing lawyer, you can keep him …

The response from the community agitator … Barack Obama defended his disgusting pick to head up the Civil Rights Division of the Justice Department. Sorry Mr. President, this sick pick to further politicize the Justice Dept. and push it further left has failed. Even Democrats could not back your pick. Wow, if this is the best of the legal profession, the profession just sunk even lower.

Obama labeled the vote a “travesty” based on “wildly unfair” character attacks.

“Mr. Adegbile’s qualifications are impeccable. He represents the best of the legal profession, with wide-ranging experience, and the deep respect of those with whom he has worked,” Obama said. “As a lawyer, Mr. Adegbile has played by the rules. And now, Washington politics have used the rules against him.”

To our shameful, reprehensible president who has hit a new low in trying to tear apart America, The Lonely Conservative sadly says, “Danny Faulkner is not available for comment.”

Next Page →

Support Scared Monkeys! make a donation.

 
 
  • NEWS (breaking news alerts or news tips)
  • Red (comments)
  • Dugga (technical issues)
  • Dana (radio show comments)
  • Klaasend (blog and forum issues)
 
 
 
 
 
 
 
Close
E-mail It