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.
Man Wearing a ‘Scream’ Mask Sought by Police after Attempted Abduction of 14 Year Old School Girl in Frankford Area of Philadelphia, PA
Police are investigating an attempted abduction of a 14 year old girl in the Frankford Area of Philadelphia, PA. The incident happened at about 7:30 AM on March 21st in the 2100 block of Granite Street as the teen was walking to school. The kidnapping suspect was wearing a ‘Scream’ mask and was reported to be driving a white four-door car, possibly a Pontiac, with tinted windows. Thankfully, this was only an ‘attempted’ kidnapping as the 14 year old girl was able to break free. Since the girl was attacked during her routine walk to school, one must wonder whether she was targeted and the individual stalked her movements first before he acted.
Be on the lookout for this predator who is si brazen to attack on broad daylight.
Philadelphia police are investigating the attempted abduction of a teenage girl by a man wearing a mask made famous by a series of horror movies.
The incident happened at about 7:30 a.m. on March 21st in the 2100 block of Granite Street in the city’s Frankford section.
The suspect is described being approximately 5’9” and weighing 200 lbs. He was wearing a grey hooded sweatshirt and black sweatpants. Investigators say his face was covered by a “Scream” movie mask
Madeleine McCann Missing Since May 3, 2007 in Praia da Luz, Portugal … Police Investigating New Suspect Who Assaulted Other Young Girls & Linked to 12 Crimes at Resorts in Portugal
New lead reported by police in the investigation in the disappearance of missing Madeleine McCann …
Could a serial sexual predator been responsible for the disappearance of Maddy McCann? Authorities are saying that they are looking for a man who assaulted five other young British girls on vacation in Portugal. Police are investigating 12 potentially linked crimes at resorts near where the toddler vanished between 2004 and 2006 by a man describe as being tanned with short, dark, unkempt hair. Three year old Madeleine McCann went missing on May 3, 2007 while on vacation with her family in Praia da Luz, Portugal.
Police investigating the disappearance of Madeleine McCann are looking for a man who assaulted five other young British girls on vacation in Portugal, London’s Metropolitan Police said Wednesday.
Officers are investigating 12 potentially linked crimes at resorts near where the toddler vanished.
The man, whom witnesses describe as being tanned with short, dark, unkempt hair, is suspected of breaking in to 12 vacation homes where British families were staying in the Algarve between 2004 and 2010.
In four of the incidents, girls between 7 and 10 years of age were sexually assaulted in their beds. On one of these occasions, he assaulted two girls in the same villa, police said. These attacks happened between 2004 and 2006.
On two occasions the suspect was wearing a burgundy long sleeve top. On one of those occasions it was described as having a white circle on the back.
Of the 12 offenses, there were four in Carvoeiro, six in the Vale da Parra, Praia da Gale district, and two in Praia da Luz. On two occasions, the noise of a bin collection lorry could be heard nearby.
The man is said to have spoken in English with a foreign accent, and his voice was described as slow, or possibly slurred.
On two occasions the suspect was wearing a burgundy long sleeve top. On one of those occasions it was described as having a white circle on the back.
Could There Finally Be a Break in the 1975 Case if Missing 12 Year Old Sheila Lyon & 10 Year Old Sister Kate Lyon … Looking at Convicted Sex Offender Lloyd Lee Welch Jr
Could there finally be a break in the 40 year old missing persons case of sisters Sheila and Katherine Lyon?
Twelve year old Sheila Lyon and her 10 year old sister Katherine went missing March 25, 1975 while walking home from Wheaton Plaza in Kensington, Maryland. 40 years ago, several witnesses, including the girls’ older brother, saw the two girls inside the shopping mall before their disappearance. An extensive search and investigation ensued, but the two girls were never found nor heard from and no one had ever been charged in the case. Now after all this time, the police belive they may finally have a break in the case. Authorities have identified a “person of interest in the 40 year old Lyon’s missing person’s case … he is 57 year old Lloyd Lee Welch, an already convicted sex offender.
Person of Interest, Convicted Sex Offender Lloyd Lee Welch Jr.
Pic – (Montgomery County police)
Welch traveled extensively throughout the United States from the 1970s through the mid-90s, authorities said. He worked as a ride operator for a carnival company, which often set up at malls. He has a criminal history that includes arrests in several different states for sexual offenses against young girls, according to the station.
The two little girls vanished nearly 40 years ago, their disappearance long faded from the public consciousness, their names etched in a stone marker their hope-sapped parents placed in a local cemetery.
But Maryland police have been tenacious about solving this cold case. And on Tuesday they breathed new life into it, when they announced a possible breakthrough.
Convicted sex offender Lloyd Lee Welch Jr., 57, who’s been serving a prison sentence in Delaware since 1997, was near Sheila and Katherine Lyon on that March day in 1975 when they went missing, Montgomery County Police Chief J. Thomas Manger told reporters Tuesday.
Welch was at a plaza that was among the last places that the two girls were seen alive, and he was observed paying attention to the sisters, Manger said. He declined to state how police obtained this lead.
Old case file documents show that a young girl who was with the Lyon sisters that afternoon had described a man who followed the three of them that day. Police developed a sketch partly based on that description, they said. It resembles a mug shot taken of Welch a few years later — in 1977 — when he was arrested in a burglary case in Montgomery.
Welch went on to assault girls in South Carolina and Delaware, where he is in prison, police said. The details of the Delaware case are not clear, but court papers show that he pleaded guilty in 1998 to several sex offenses. Officials said he is due to be set free in 2027 but has asked for early release. The Board of Pardons has scheduled a hearing for July.
Welch’s niece, Debbie Roe, 38, of Dover, Del., said she is the only member of the family who is in regular contact with him. She said she has written letters on and off to him for the past 13 years during his incarceration. She described him as “sweet” and said he is excited when she visits him in prison.
She said that Welch has denied involvement in the disappearance of the Lyon girls but told her that he was at Wheaton Plaza that day.
For more updates, provide your opinions and analysis and read others, go to Scared Monkeys Missing Persons Forum: Sheila and Katherine Lyon.
Authorities are seeking the public’s help to learn more about Welch. Anyone with information is asked to call investigators at 1-800-CALL-FBI, or they can submit a tip online at http://tips.fbi.gov.
Jackie Neal, San Antonio Police Officer Sexually Assaults Teenage Girl in the Back of His Squad Car After Pulling Her over for Traffic Stop and Hand Cuffing Her
11 year veteran police officer gives Stop & Frisk a real bad name after committing an “unthinkable” sex crime … However, all the signs were there that this cop was a predator.
For all the fantastic, brave and heroic police officers that protect and serve us, there is always a small percentage of bad apples that give the men and woman in blue a black eye. You are about to meet one of them that should soon go from cop to con. 40 year old Jackie Neal, a San Antonio, TX police officer has been arrested on a felony charge of sexual assault. Jackie Len Neal, an 11 year veteran, is accused of raping a 19 year old girl in the back of his squad car, but not before he placing her in handcuffs after stopping her on a traffic violation at 2am Friday. Neal was released on $20,000 bond. How absolutely sick is it that an individual who is supposed to protect women from rapist scum, turns out to be one himself. Have a good time in prison!
A San Antonio police officer was arrested Saturday and accused of raping a 19-year-old woman on the South Side early the day before. At a news conference Saturday, police said the officer has been accused of sexual assault before.
Jackie Len Neal, 40, was arrested on a charge of felony sexual assault, said Officer Javier Salazar, a Police Department spokesman. Neal was released on $20,000 bond.
Police said he will continue to receive pay, pending an indictment.
Neal is accused of handcuffing and raping a woman he pulled over while on duty around 2 a.m. Friday.
Police Chief William McManus said a different woman made a similar complaint against Neal a few years ago. The date of that incident was not immediately available.
But this was not the first time that Neal has been in trouble or accused of sexual assault. Police Chief William McManus said another woman made a similar complaint against Neal a few years ago but because she later refused to cooperate in a police investigation, it was not pursued and there were no consequences for Neal at the time. More recently, Neal was suspended in September for three days for dating an 18 year old member of the Police Explorer program about two years ago. Officers are forbidden from fraternizing with members of the program for people 14 to 21 years old. Interesting that it took as long as it did for Neal to finally get a slap on the wrist. However, one would also think that these incidents should have raised a red flag are required a little more than changing him to the graveyard shift.
32 Year Old Anthony Brinkman Arrested at Missouri Cracker Barrel over Craigslist Ad Seeking to Beat & Rape His 11 Year Old Daughter … Charged with Statutory Sodomy
OH DEAR GOD!!!
32 year old Anthony Brinkman of Cuba, Missouri was arrested at a Cracker Barrel after having solicited on Craig’s List an undercover police officer to rape and beat his 11 year old daughter while he watched. Not only did this POS put an ad on Craig’s List, he actually brought his daughter to the Cracker Barrel for the meet up. Thank God it was an undercover officer! As St. Louis County Detective Mike Slaughter said at the press conference on Monday, “If we hadn’t gotten involved and someone bad had gotten in touch with him, something bad would have happened to that little girl.” It is not known whether the 11 year old girl had been previously sexually assaulted by Brinkman, however, a further investigation is underway. Police have seized Brinkman’s computers and are awaiting the results of a forensic analysis. Anthony Brinkman is charged with attempted statutory sodomy and he is being held on a $100,000 cash-only bond.
An undercover officer posing as a 27-year-old woman then responded to Brinkman. He told her he wanted the woman to be his girlfriend as well as participate with him in sexually assaulting the child with sex toys, Slaughter said. He also said he wanted her to help find a boyfriend for the child, Slaughter said.
Thankfully, some one had contacted the Missouri Internet Crimes Against Children Task Force that Brinkman had posted the Craigslist ad. Personally, I would like to know why Craig’s List is not supposed to police their own websites.
A Missouri father was arrested last week after he showed up at a Cracker Barrel to meet an undercover officer who he had contacted on Craigslist about beating and raping his 11-year-old daughter.
At a press conference on Monday, St. Louis County Detective Mike Slaughter said that it took a lot to shock detectives who investigate Internet predators, but they just couldn’t believe it when 32-year-old Anthony Brinkman came to the restaurant with the young girl that he expected them to assault.
“It’s just a lot of talk for most of these guys, but this guy actually brought (the girl) to the scene to go ahead with the next step of enacting it,” Slaughter explained. “If we hadn’t gotten involved and someone bad had gotten in touch with him, something bad would have happened to that little girl.”
I guess it is not just food stamps that are for sale on Craig’s List these days.
According to Penn State News, the University of Penn State has settled with 26 victims for $49.7 million as a result of the Jerry Sandusky sexual abuse scandal. Officials state that the settlement amounts will not be funded by student tuition, taxpayer funds or donations, but rather by various liability insurance policies. The terms of the settlement include a confidentiality agreement. Sandusky is currently in prison after being found guilty on 45 counts of child sex charges including 25 felonies.
Penn State officials announced today (Oct. 28) that over the past few months the University has reached agreement with 26 of the victims of former assistant football coach Gerald Sandusky. The terms of the settlements, which include a release of all claims against Penn State and other parties, are subject to confidentiality agreements. Of the 26 settlements, 23 are fully signed and three are agreed in principle, with final documentation expected within the next few weeks.
The aggregate dollar amount paid by the University for the 26 settled claims is $59.7 million and will be reflected in the University’s audited financial statements for the year ended June 30, 2013.
“The Board of Trustees has had as one of its primary objectives to reach settlements in a way that is fair and respects the privacy of the individuals involved,” said Keith Masser, chair of the Board of Trustees. “This is another important milestone in accomplishing that goal. I would like to thank the board’s Legal and Compliance Committee, as well as its Legal Subcommittee for its leadership throughout this process.”
As reported at USA Today, PSU President Rodney Erickson called the agreements “another step forward in the healing process for those hurt by Mr. Sandusky, and another step forward for Penn State.”
Harrisburg lawyer Ben Andreozzi, who represents nine of the victims, said he was pleased with the settlements.
“Obviously no amount of money can compensate for what these young men have gone through,” he said. “But Penn State has given them the resources — financially and counseling — they need to help them recover.”
Ohio Daycare Employee Heather Koon Arrested After Police Discovered Sex Tape of Suspect Raping an Infant
UNSPEAKABLE CRIME AT DAYCARE CENTER …
25 year old daycare worker Heather Koon has been arrested for raping a baby. The video of the sex crime was found on Koon’s laptop. The video was reportedly found on Koon’s laptop, after police checked up on her fiancé James Osborne, who is listed on Lorain County’s sex offender website at an incorrect address. The police arrested him as well. The horrific crime took place at the ABC KIDZ daycare in Elyria, Ohio. Sorry, but they should just these two dirt-bags in a room with the parents who had their children at this daycare and let them take justice into their own hands.
I still haven’t wrapped my mind around it. It’s every parent’s worst nightmare,” said the baby’s father, who wants to remain anonymous.
The father is speaking out about the incident so other parents can figure out if their child was also victimized. He says ABC KIDZ daycare in Elyria asked him not to talk about the incident.
“They tried to act like it was a simple assault. A few hours later they called us back again and asked us to keep it discrete,” said the dad.
The shocked father’s advice; “Any child that’s old enough to talk, they should talk to. Any child that’s not old enough to talk should be taken to a physician.”
Police arrested Koon after checking up on her boyfriend, James Osborne. Osborne is listed on Lorain County’s sex offender website as living at another address. Police arrested him and confiscated a laptop found in the apartment. A police report shows it belonged to Koon and contained a video file of her “engaging in sexual conduct with an unknown infant”.
5 Year Old Girl Abducted from her Bedroom in Everett, WA Caught on Surveillance Video … Girl Found Safe, But Sex Predator Suspect Still on the Loose
Victim safe, but suspect still sought by police … Thankfully no sexual assault took place.
A 5 year old girl was abducted from her bedroom at her home in Everett, Washington Saturday at 3 am. A man removed a screen from the little girl’s ground floor bedroom, got inside and carried the child away. The entire kidnapping was caught on surveillance video. The suspect took the girl to a wooded area where he had planned to assault her; however, for some reason the man changed his mind and thankfully did not carry out the sexual assault. The girl then ran for help and knocked on a stranger’s door who called 911. The little girl described the suspect as a darker skinned male, shorter than average adult height, normal build with no visible tattoos. At the time, he wore jeans, a shirt, a white hat and white earrings
Surveillance video shows the chilling crime in progress. A man walking out of an Everett apartment complex carrying a young girl. The 5-year-old was taken down a trail and into a wooded area where police say the suspect took her pajama pants off. But before it went any further the suspect ran.
“The suspect probably got scared off, changed his mind. Some reason he didn’t carry out the assault and he left the scene,” said Aaron Snell, Everett Police.
HELP GET THIS SEXUAL PREDATOR OFF THE STREETS … Anyone living near, or who was on, the Interurban Trail in the early morning hours between 112th St SE and Everett Mall and saw or heard something suspicious is asked to call 911 or the Everett Police Department TIP LINE at (425) 257-8450.
ARE YOU KIDDING ME!!!
How on earth are these illegal sex offenders afforded rights under the US Constitution, when it seems like law abiding, actual citizens of the US are having theirs taken away every single day? ICE has released 2,837 illegal alien sex offenders from detention and back into the US population. UNREAL!!! Has the SCOTUS lost their collective minds? So now illegal sex offender have rights. Maybe we can get them drivers licenses too.
Who honestly thinks that this could be a good idea? I have to 100% agree with the minority decent, Justice Antonin Scalia, who said: “Insofar as a claimed legal right to release into this country is concerned, an alien under final order of removal stands on an equal footing with an inadmissible alien at the threshold of entry: He has no such right.”
The 2,837 sex offenders represented five percent of the 59,347 deportable aliens that have been released from detention under the supervision of U.S. Immigration and Customs Enforcement (ICE), according to the GAO report, which was released Thursday.
“There are circumstances in which criminal aliens who have been ordered removed from the United States – including those convicted of a sex offense – cannot be removed,” the report states. “For example, a criminal alien may not be removed because the designated country will not accept the alien’s return.”
The GAO report refers to the 2001 Supreme Court case Zadvydas v. Davis to explain why ICE is required to release foreigners who have been convicted of sex crimes. In its 5-4 decision, the court ruled that the indefinite detention of removable aliens for greater than six months is unconstitutional unless there is “significant likelihood of removal in the reasonably foreseeable future.”
“Freedom from imprisonment lies at the heart of the liberty protected by the Due Process Clause,” Associate Justice Stephen Breyer wrote in the majority opinion. Breyer was joined in this opinion by J.P. Stevens (a Gerald Ford apppointee), Sandra Day O’Connor (a Reagan appointee), Ruth Bader Ginsburg (a Clinton appointee), and David Souter (a George H.W. Bush appointee).