Wednesday, February 4, 2009

Cops, DA & jury: Swimming pool video = kiddie porn

Police State claims all parents, photographers and journalists can be jailed for 20 years...

UPDATE: "Once a revered Knox County Criminal Court judge, Richard Baumgartner on Tuesday shuffled into a federal courtroom in shackles, accused of covering up the drug-trafficking crimes of the mistress he met via a Drug Court program he helped found. Baumgartner, who sent thousands of people to prison in his nearly two-decade-long tenure as judge, was arrested Tuesday as he drove away from his East Knox County farm and hauled into U.S. District Court with shackles on his feet and a chain wrapped around his belly and connected to handcuffs."
-Jamie Satterfield, Knoxville News Sentinel, Former Judge Richard Baumgartner faces 7 federal counts of failing to report felonious activity, May 16, 2012

UPDATE: THIS FULLY-CLOTHED NON-SEXUAL POLICE-OFFICER-STARRING "KIDDIE PORN" CASE WAS REVERSED ON APPEAL. THEN THE TRIAL JUDGE WAS ARRESTED, CONVICTED AND DISBARRED, PROBABLY BECAUSE OF THIS IN-DEPTH REPORT BY PIRATE NEWS. TBI REPORTS THAT PROSECUTORS WERE FULLY AWARE THAT THE JUDGE WAS AN ADDICT, AND CONSPIRED TO USE THAT KNOWLEDGE TO WIN 1000S OF BOGUS CONVICTIONS. 1000S OF CONVICTIONS WILL NOW BE OVERTURNED COSTING MILLIONS OF TAXDOLLARS, INCLUDING KNOXVILLE'S MOST NOTORIOUS MASS MURDERS AS SEEN ON COURT TV. AS STONED AS JUDGE RICHARD BAUMGARDNER WAS, AT LEAST HE DIDN'T BAN PIRATE NEWS FROM BROADCASTING FROM HIS COURTROOM AND THREATEN ARREST OF THE FREE PRESS, LIKE JUDGE MARY BETH LEIBOWITZ DID IN THE REDLIGHT CAMERA SNIPER CASE OF CLIFFORD CLARK (CASE DISMISSED AFTER A COP CONFESSED TO THE CRIME).


UPDATE: State of Tennessee v. John Michael Whitlock - "The video was recorded from a lounge chair at an apartment complex swimming pool and depicts what was occurring at the pool. The setting is certainly not sexually suggestive or a place generally associated with sexual activity. The setting was a place generally associated with people swimming and playing in the pool, which is exactly what the video showed. The girl is not depicted in an unnatural pose or inappropriate attire. She was filmed at the swimming pool, wearing a bathing suit, and she was engaging in normal, everyday behavior for a child playing at a swimming pool. The girl was not posing in any particular way, nor was she acting in a way inappropriate for the setting. The girl was wearing a bathing suit, which is appropriate attire for someone at a swimming pool. Nothing in the video suggests sexual coyness or a willingness to engage in sexual activity. In our view, from the standpoint of an average objective viewer, this recording does not elicit a sexual response. Following a jury trial, the Defendant, John Michael Whitlock, was convicted of two counts of sexual exploitation of a minor, a Class D felony. See Tenn. Code Ann. § 39-17-1003(d). In this direct appeal, the Defendant raises the following issues for our review: (1) The State presented insufficient evidence to sustain his convictions for sexual exploitation of a minor; (2) The trial court erred when it allowed the State to give a rebuttal closing argument when the Defendant waived opening statements and offered no proof; and (3) The trial court erred when it instructed the jury regarding the factors contained in United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986). Following our review, we conclude that the State did not present sufficient evidence to support the Defendant’s convictions for sexual exploitation of a minor and, therefore, we reverse the judgments of the trial court and dismiss the charges against the Defendant." Judge Baumgartner being high on hillbilly heroin had nothing to do with it. Tennessee Court of Criminal Appeals, E2010-00602-CCA-R3-CD, June 6, 2011


But Big Brother raping Miss America by sticking hands in vaginas at public airports every day is OK? When will Knox County DA, KCSO and Knox County judges start arresting TSA security guards at McGhee Tyson Airport for kiddie porn and gateraping women, children and politicians?



Grandmother banned from taking photos of her grandchildren at public swimming pool - Photographs have even banned at some school sports' days. Controversy has flared in the past when parents of children performing in a nativity play at school near Luton were banned from taking photos or videos of the performance. The National Confederation of Parent Teacher Associations has called on heads to ban cameras and video equipment from school events unless all families have given prior consent for their children to be filmed.

Woman charged with possession of child pornography for taking pictures of herself breastfeeding her baby, kids kidnapped by police, facing 20 years prison

"From today, anyone taking a photograph of a police officer could be deemed to have committed a criminal offence. That is because of a new law - Section 76 of the Counter Terrorism Act - which has come into force. Photographers staged a mass photo call in protest at the law outside New Scotland Yard. The event was organised by the National Union of Journalists. It insists the right to take pictures in public places is 'a precious freedom' that must be safeguarded. The NUJ said some police officers wrongly believed they had the right to delete photographers' images. 'There's absolutely no way we are going to observe this ban. If they try to bring charges against us we will fight them in the courts.'"
-Victoria Bone, BBC News, Is it a crime to take pictures? 16 February 2009

by John Lee, executive producer
Pirate News TV
piratenews(@)infowars.net
(where's a cop when you get 15,000 espams in 1 day?)

KNOXVILLE, TENN. - I watched a jury trial yesterday. Not on TeeVee - live in person. Like 100,000 spectators at a UT football game, except its not a game, and I was the only spectator for the Away Team. All the prosecutors went over to watch it, which is a bad sign for the defense.

Or else they just wanted free porn. Not from the evidence in the case, but from the US Supreme Court...

As a photographer who's routinely threatened with arrest by police for the "crime" of videotaping on public streets, I knew this prosecution set a dangerous precedent for police state death squads in USSA.

This is what happens when cops watch too much torture on TeeVee. Waterboarding, gun-in-the-mouth and electrocution of genitals is "legal" according to Tennessee cops (convicted felons). Shooting fleeing suspects in the back is also "legal", according to Hollywood (convicted actors). Screaming, "Don't pee on my leg and tell me it's raining," and "AIDS is God's gift to queers" (and everyone else) is proper judicial conduct, according to Judge "Raving Bitch" Judy (twice married to Judge Wapner). Masterbating in a courtroom with a peterpump is "legal", according to Judge Donald Thompson (convicted felon).

STATE OF TENNESSEE VS WHITLOCK

Docket # 88103, Division 1, Judge Richard Baumgartner, Knox County Criminal Court. Prosecutor: John Allen; court-appointed defense attorney: John Boucher; Knox County deputy: Chad "Jarhead" Coleman.


Not the Defendant in this case

SYNOPSIS

A disabled retired Vietnam combat vet was on trial for "especially aggrevated sexual exploitation of a minor", for videotaping patrons fully-clothed at the public swimming pool, where he was a resident.


Example of a pool party that was nothing like the video in this case

$20-MILLION PROPAGANDA PLACEMENT*

Off-duty deputy credited in alleged stalking arrest - KNOXVILLE, TENN - The actions of an off-duty Knox County Sheriff’s Office deputy who saw a man allegedly stalking a young girl at a swimming pool helped lead to the suspect’s arrest, authorities said today. Deputy Chad Coleman, who lives at Woodland’s West Complex, saw “a man videotaping children (all girls) at the swimming pool and then saw him zero in on one particular seven year old girl” on Saturday, according to a Sheriff’s Office press release. The man was allegedly “observed making moaning and grunting noises as he videotaped,” the release said. The girl’s father told Coleman the man had followed his family to the pool and “they feared for her safety,” the release stated. The man, 58-year-old John Michael Whitlock, was charged with stalking after detectives investigated the incident. He was being held in lieu of $10,000 bond. The Sheriff’s Office said Whitlock “has prior stalking conviction in Knox County in 2006, making this charge a felony.”

*TIF: Taxpayer Investment Funds for Knoxville News Sentinel

FACTS OF THE CASE

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 barely nekked deputy testified the video was made "without permission of the kids' parents" (ie, without the cop's permission). OBJECTION: Hearsay! Sustained.

[There's no expectation of privacy in a public place, according to Redflex, KPD and city council.]


Not a cop in this case

CONTEMPT OF COP

The problem began when the vet didn't bow down and kiss the jackboots, er, flipflops of an off-duty "cop" in a bathing suit, and instantly answer every question at the pool, or instantly let the half-nekked man view his videotape. When the cop asked where he lived, the defendant allegedly replied, "None of your business."

(The "crime" of "contempt of cop", routinely punished by summary execution.)

When asked, "Can I see the tape?" the alleged reply was "NO". But the cop somehow seized the videocam and watched the tape [memory card?] anyway.

When defense counsel asked the cop, "Would you have demanded to seize the videotape if a professional photographer were wearing a photographer's vest, bulging with expensive camera equipment, and wearing a badge as a credentialed journalist?" The cop answered, "YES".

The cop then seized the videocam and rewound tape. 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. Except for the "drunken" karaoke.

LISTEN TO THE AUDIOTAPE PORTION OF THE ORDINARY VIDEOTAPE

Is a drunken lipsynch worth 20 years in prison, at a tax increase to ALL taxslaves of $2-million?

Any videocam owner knows the microphone picks up mostly what's closest to it. So the videocam owner's voice is much louder than nearby music, since his mouth is within an inch of the mike. Any singer knows that singing clearly requires not hearing your own voice echo inside your skull (which requires wearing headphones), otherwise the song is off-key.

The cop then demanded, er, "asked" Mr Whitlock to "leave the area", and demanded, er, "asked" to seize the videotape (mini DVD) "for evidence", and the defendant allegedly "threw it on the ground" (boilerplate answer to invent "abandoned evidence", otherwise inadmissible for a lack of probable cause).

When asked, "Is sitting by yourself a crime?" the cop answered, "I have no idea."


The defendant behaved nothing like the singer in this case

When asked, "Is the defendant singing along with the song, L.A. Woman?" the cop testilied, "That's not my perception." "That's not "L.A. Woman coming out of his mouth?" Answer: "It's suspicious. I couldn't make out what he was saying."

When asked, "What's wrong with this video? It was not taken inside a business or restroom, it was taken from a lounge chair?" Boilerplate answer: "The totality of his actions surrounding it makes it 'inappropriate'. I found it offensive."

Did he have an erection?" Answer: "I don't know. I wasn't looking for it."

No arrest until 2 weeks later. No prior accusations of sex abuse. No kiddie porn found in his home, despite a total ransack.


SWAT raid for shooting video at a public pool

The public defender's office refused to represent him, so he got a court-appointed lawyer. The same private law firm that got a free giant HQ, paid by extorting money at gunpoint from the taxslaves, far, far away from the courthouse/jail and their "clients". The same PD Inc that refuses to represent all misdemeanor defendants "due to a shortage of money" (never mind 250,000 annual "misdemeanor" defendants in Knox traffic courts).

Judge refused a "Rule 29 motion of summary judgment of aquittal for failing to meet the essential elements" of TN Code, which require SEX, NUDITY or TOUCHING in a charge of sexual assault, er, "sexual exploitation", er, "sexexploitation". To be fair, any judge that votes against the police will soon find himself out of a job, or worse, according to Knox County judicial commissioners.

FREE PRESS VERSUS POLICE STATE

Defense argued: "Any member of the press would have been accosted. This is a misapplication of the statute. Any photographer in town could be here today. I move to dismiss with prejudice."

ADA argued that the so-called "grand jury" decided that "scantily clad people at a swimming pool meets the definition of 'lascivious'." Grand juries are notorious for indicting ham sandwiches. "It's the community's decision to decide if this conduct is allowed."

Defense: "There's no evidence on intent (mens rea"). There's no evidence of what the 'community standard' is. Is this video [at a public swimming] 'porn'? The State is lacking key evidence on any of these charges.


Gliderman Felix Baumgartner is not related to the judge in this case

The judge replied, "I promised myself I'd not say anything [sui sponte without motion]. These cases can't win... only get yourself into trouble. Just let the Court of Appeals handle it. Struck me if this is all they [prosecution] got, this is a tough case." [Translation: It's a slam dunk win on appeal, dang that prosecutor not dismissing the charges, dang that innocent defendant not bending over for a plea "bargain".]

Judge added, "But I don't write the law, fortunately. So no rewrite today. No dismissal. I'm gonna let it go to the jury."

COURTROOM NSFW

Something was said about Dolly Parton's bare breasts, presumably related to photos shown during jury voir dire, which I missed (thank ye God).


Local business tycoon visits Jewish whorehouse

The judge then had a perfect memory of what color bathing suit the littlest swimmer had on, out of a dozen folks at the pool, in drafting his written order denying the motion to dismiss.

Judge asked the ADA, "No prior convictions?" Answer: "None that apply. Just disorderly conduct, and a burglery." Judge: "I'm not gonna let you use a case from 1983." ADA: "And 18 traffic tickets" [by a man driving for 50 years]. Judge: "State can't ask about any other offenses."

"John Michael Whitlock, 58, was being held Wednesday at the Knox County Detention Facility in lieu of $10,000 bond. Because it was his second stalking arrest, the charge is a felony, the Sheriff’s Office said.”
-KNS, Man arrested after allegedly taping girl, 9 Aug 2009


Judge then asked a cute young blonde clerk/intern wearing a short dress for the prosecution, "Will you dance for us with your boots on?"

End recess.

Judge then brought the jury of sheeple back in, to confound them into "thinking" sex, nudity or touching is NOT an essential element of sexploitation, by redefining a definition of "community standards" (so-called "jury nullification", ie, what I call "reverse jury nullification"). Definitions are NOT crimes, and carry no sentence.

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).

"The girl’s father, Jeremy Murphy, said he told Coleman that Whitlock had, for two days in a row, shown up at the pool with a camera right after Murphy and his family arrived. 'It’s scary,' Murphy said. 'We were very fortunate to have an officer up at the pool that day. The officer handled it very, very well.'”
-KNS, Man arrested after allegedly taping girl, 9 Aug 2009


CLOSING ARGUMENTS

ADA argued: "Defendant was 'armed with a videocam', looking at crotches of scantily clad people for sexual gratification."

Defense argued: "Nothing wrong with each frame of video."

ADA rebuttal: "It's not free speech exploiting that child. It's okay to take pictures inadvertantly. I say to my daughter all the time, 'I see your panties. Pull your panties up'. Grunting or chanting is not singing. You [the jury] must use that word ['lascivious'] that you don't know what it means." [TN Code 39-17-1002. Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.] He went to the pool for a 'reason'. [He lived there. No person has an expectation of privacy in public, ask KPD about redlight robocops.] What do you want us to do? Celebrate the Constitutional right to trial by jury of the First Amendment, and hand him his tape back?"

"I don't give a goddamn! I'm the President and the Commander-in-Chief. Do it my way! Stop throwing the Constitution in my face!. It's just a goddamned piece of paper!"
—George Bush Jr, Capital Hill Blue, Bush on the Constitution: "It's just a goddamned piece of paper", December 5, 2005


Defense Opening Statement (postponed not waived at beginning of trial = re-rebuttal): "It may be creepy but it's not against the law. The State wants you to make a huge leap. Mistating the law is a very dangerous slope. [Powerpoint picture show on the big-screen TV of little girls' vaginas, defined as "art" by US Supreme Court.] What is the 'community standard'? I'm dumbfounded how this got here. At his own pool, on video, so what? This is not burning the flag, but that's legal. [No mention that burning the flag is the only lawful was for VFW to "retire" flags. No mention that any juror can be arrested if they set a precendent to convict in this case.]

Prosecution re-rebuttal: "Creepy equals criminal. You make a tape to watch later. Burning a flag doesn't hurt anybody, the flag doesn't know. All children will suffer [if you don't convict]."

JURY INSTRUCTIONS

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.



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.



His defense 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."

13th alternate juror sent home by lottery. Jury sent to deliberations.

Prosecutor to defense, "Good job."

Judge yells at bailiff and deputy for talking during sidebar conference: "How many years have you been doing this?!"

Jury deliberations lasted several hours. Not a good sign for the defense (confused jury). Jury wanted to watch the video again (so they failed to grasp the importance of NO NUDITY OR SEX), which was only allowed in the courtroom (ha). Defendant was allowed to leave the courtroom, to prevent the jury from staring at his expression ("to read his mind by ESP").

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 minutes, during his closing arguments, as an example of lawful "art" as defined by US Supreme Court. It seems to me this would tend to irritate the jury, and prejudice them against your client. (Or was it intended for someone else???)

VERDICT:

NOT GUILTY: "Especially aggrevated sexual exploitation of a minor"

NOT GUILTY: "Aggrevated sexual exploitation of a minor"

GUILTY: "Sexual exploitation of a minor" (Class D felony)

Don't know the the jury was polled on their votes, or whether certain members extorted other members to allow them to go home for dinner.

TN Sentencing Guidelines: Class D felony is 1.8 years to 12 years in state prison.

That's a hefty price for shooting crappy video at your own swimming pool.

Tennessee legislature changed to law to ban juries from knowing what the sentence is for any crime or conviction. This is unconstitutional, since juries must set the verdict in criminal cases, and the verdict includes the sentence, just like setting the dollar amount in civil cases.

US Constitution Bill of Rights

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


Sentencing hearing is May 1st (Communist May Day).

The defendant is released on bail.

No appeal has yet been filed.

See also:

Man Taking Underwater Swim-Pool Video Arrested - WAUKESHA, Wis. (AP) -- Parents in a Labor Day crowd at a public swimming pool told police they saw a man using an underwater camera to shoot video of young girls. Two off-duty police officers at the pool with their families were among the witnesses who reported seeing the man shooting the video. Police say they confronted the man and he tried to hide the camera, first in the palm of his hand and then in his swimming shorts. The 55-year-old Greenfield man was arrested. Formal charges have not yet been filed, according to computerized court records. He told WDJT-TV in Milwaukee that he was only testing the camera and it was all a misunderstanding.

Man Arrested After Taking Pictures Near Pool - Investigators say Joseph Stanford was caught taking pictures of lifeguards and several girls at Spellerberg pool yesterday. Detective Mark Jensen says, “He had apparently been taking photos of the three girls in the wading pool and also numerous photos of the life guards." When officers questioned him, Stanford told them that he's an amateur photographer and gave police a fake social security number. He was arrested and was in court today on stalking and false impersonation charges. Pool employees say Stanford had been there before, but had just recently started bringing a camera. He lives in Sioux Falls but was wanted in Arizona and New Mexico for parole violations. Here's the crime this guy is charged with. Do you think the actions fit the statute? 22-19A-7. "Stalking a child twelve or younger--Felony. Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking. Felonious stalking is a Class 6 felony."

Apellate court reverses conviction of manboob videotape - Over in England, the Daily Mail newspaper can just be so damn entertaining some time. With a great picture of Jack Nicholson and his man tits, they ran this story: It is a subject that most men manage to keep under wraps - or at least under their shirts. But yesterday male breasts, or moobs as they are sometimes known, were right out in the open in one of the highest courts in the land. Three senior judges grappled with the question of whether male breasts could be regarded as having any sexual allure. The leading legal minds got to grips with the issue after a man who secretly filmed another man’s top half at a public swimming pool was convicted of voyeurism. Care worker Kevin Bassett, 44, was found guilty last year after using a video camera hidden in a plastic bag to take shots of a swimmer. Yesterday, his conviction was quashed at the Court of Appeal after Lord Justice Hughes, Mr Justice Treacy and Sir Paul Cresswell ruled that a man’s bare torso did not count as ‘private parts’.

Judge threatens to kidnap jury for 12 months unless they vote GUILTY - "The judge said that he could keep us until the next 4th of July and we needed to have a unanimous decision. Our whole objective changed at that point after nine days, we felt he applied extreme pressure on us to get us to make a unanimous decision. We all decided to agree with whoever was in charge so we could leave and go home. I told everybody I was through deliberating - do whatever you want to do. Just tell me which way I should vote so I can go home. The stake of the two men's lives were totally irrelevant at this point for all of us, and we had a more pressing objective in mind - just to leave and go home for good. We did not vote our conviction. We voted based on the pressure applied by the judge." In a post-trial hearing into allegations of juror misconduct, seven other jurors admitted knowing that Hendrix and Langer had used information not available to the other jurors, which they used to direct the discussion and push the holdouts into voting guilty. Hendrix and Langer's private, and illegal, contacts had begun almost a month earlier. On May 29, 2006, more than two weeks before the jury was allowed to begin deliberations, Katie wrote to Hendrix: "I agree some of the kounts r confusing 2 our friends." What emerged is a smoking gun that incriminated prosecutor Louis Franklin and Judge Fuller. They, like Hendrix and Langer, connived behind the backs of others. Siegelman's and Scrushy's lawyers asked the Court if they could investigate the authenticity of the purported emails. Prosecutors were opposed. Judge Fuller denied the motion. Defense counsels then asked the Court to investigate the emails' authenticity. Prosecutors were opposed. Judge Fuller denied the motion. Defense counsels then asked the court to order the ISPs to protect the information in case an appellate court would elect to investigate the emails' authenticity. True to form, Judge Fuller denied the motion. He expressly forbid both the prosecution and the defense from investigating the authenticity of the emails, threatening any party who violated his order with criminal contempt. On December 12, 2006, Judge Fuller ruled, in the face of abundant evidence of jury tampering, that the guilty verdict was not tainted and that it should stand.

Judge throws entire jury into prison "until they reach the correct verdict" - William Penn represented himself successfully following his 1670 arrest with William Meade. Penn was accused of preaching before a gathering in the street, which Penn had deliberately provoked in order to test the validity of the new law against assembly. Penn pleaded for his right to see a copy of the charges laid against him and the laws he had supposedly broken, but the judge (the Lord Mayor of London) refused — even though this right was guaranteed by the law. The judge directed the jury to come to a verdict without hearing the defense.[32] When invited by the judge to reconsider their verdict and to select a new foreman, the members of the jury refused, and were sent to a cell over several nights to mull over their decision. The Lord Mayor then told the jury, "You shall go together and bring in another verdict, or you shall starve". The judge had Penn sent to Newgate prison (on a charge of contempt of court). The full jury followed him, and the jury members were fined the equivalent of a year's wages each. [33][34]The members of the jury, fighting their case from prison, managed to win the right for all English juries to be free from the control of judges. This case was one of the more important trials that shaped the future concept of American freedom (see Jury nullification) and was a victory for the use of the writ of habeas corpus as a means of freeing those unlawfully detained.

Felony Jury Tampering: Judges white "instruct" jurors

Swallow What the FBI Says or Get Booted: Judicial Jury Tampering in Philly

Judges Accuesed of Jury Tampering: Juries Nullified Over Jury Nullification

Two Judges Took $2.5-Million Bribes to Send Children to Privately Owned Juvenile Detention Centers

Mobster Jimmy Hoffa's jury tampering trial tested legal system in Tennessee - Convicted in Chattanooga of attempted bribery of a jury and conspiracy. He was sentenced to eight years in prison. After three appeals, Mr. Hoffa began serving his sentence in 1967. Mafia President Richard M. Nixon pardoned him in 1971, before resigning the presidency for his CIA Watergate buglers assassinating president JFK. Nixon was pardoned by Jewish mafiya kiddie porn kingpin Leslie Lynch King Jr, aka President "Gerald Ford" of the Warren Commission Coverup (rapist of Cathy O'Brien as testified in Knoxville juvenile court, which legalized pedophila "for reasons of national security").

JuryExperiences.org




Court Rules That "Creepy" Behavior Not Sufficient to Sustain Conviction

July 25, 2011 by Baker Associates

One of the aims of criminal law is to regulate conduct that society, namely the legislature, deems unacceptable. However, many acts that may be unacceptable to a great deal of people simply aren't covered by Tennessee's criminal law, regardless of how offended someone may be by such actions. For this reason, an essential part of every case a skilled Tennessee criminal defense lawyer takes is looking at the exact language of the statute under which a defendant is charged and making sure that every criminal element is proven at trial.

In most criminal trials where a defendant is found guilty by a jury of his peers, every element of an offense is supported by the facts put forth by the prosecution, occasionally a defendant is convicted who simply should not be based on the conduct alleged. A good example of this comes from a case called State v. Whitlock in which a defendant's conviction on two counts of sexual exploitation of a minor was overturned by the court of criminal appeals because the conduct of which he was accused, videotaping the pubic regions of a fully-clothed seven-year-old girl was not conduct that was designated as criminal by Tennessee's sexual exploitation of a minor statute. In this case, the court basically admitted that the defendant's conduct was "creepy," but did not amount to the defendant possessing material depicting a minor engaged in sexual activity, a necessary prerequisite for conviction under Tennessee's sexual exploitation of a minor statute.

The sexual exploitation of a minor statute in Tennessee reads as follows:

(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

Thus, a video depicting a seven year-old girl who is not engaged in any sexual activity whatsoever simply does not qualify for punishment under the statute, no matter how "creepy" such a video may be. Tennesseans who are facing similar charges need to make sure that they are not convicted of a serious offense just for being "creepy." Contact an experienced East Tennessee criminal defense attorney to discuss your case.

Source: (State v. Whitlock, 36 TAM 30-24, 6/6/11, Knoxville, Welles, 11 pages.)




PIRATE NEWS TV PORN, UH, ART


Loony toons

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).


Your next president, an illegal alien Nazi
Better than an illegal alien Commie?

I previously broadcast Arnold Schwarzenegger's weenie hanging out on the cover of After Dark, a gay porn mag. 2,230,000 links on Google.Porn.com. As governator of California, Arnold bankrupted the state so bad it can't pay any govt employees, govt pensions or welfare for millions of illegal aliens. IOUs are now its official fiat currency...


The governor strikes a pose - Shut up, it's "art"
BUT GREAT FOR USE IN JURY TRIALS...

Video your kids playing outdoors fully clothed, and you go to jail as a pedophile. Pose in gay porn and play in the Necrophilia Room at Bohemian Grove (videotaped for blackmail by Sonoma County Sheriff Dept, FBI and Secret Service), and you get to live in the governor's mansion, in charge of the state police. Necrophilia is sex with dead bodies ("mortuary affairs"), sex with rotted corpses dug up from the ground (Ted Bundy), sex with decapitated heads (Jeffrey Dahmer).

ROBOCOPS

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.

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.

PSYCHO COPS

I've had several cops threaten to arrest me, and demand I erase my tapes, for videotaping on public streets:



Comments 1

Comments 2

See also:

Taking photos of police officers could be considered a crime, British Journal of Photography, January 30, 2009

How to Get Paid to Win in Court Without a Lawyer





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.


THE OTHER SIDE OF THE STORY



1. The old man was not GQ - he "LOOKED like a pedophile" (pre-cancerous spots since his mugshot) - UNTIL HE OPENED HIS MOUTH AND YOU TALKED TO HIM, WHICH THE JURY NEVER GOT TO DO. I did speak to him outside the courtroom.

2. He was a terrible karaoke singer to someone else's radio playing The Doors' LA Woman. THIS WAS THE ONLY EVIDENCE AGAINST HIM: A BAD SINGING VOICE while possibly drunk on alcohol, which the screaming 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 25-year-old burglery conviction (which made the 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? According to TN Rules of Evidence, only felonies less than 10 years old are allowed to be mentioned in court to a jury for "impeaching a witness", but only if they involve perjury or "moral terpitude". All convictions EVEN IF PARDONED, AND ALL ARRESTS EVEN IF DISMISSED, EVEN VERDICTS OF "NOT GUILTY", are considered by a judge to set a sentence in Tennessee. Juries are never allowed to know what a sentence might be in Tennessee (this may be unconstitutional, if anyone bothers to appeal it).

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 half-nekked 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 was he competent to represent himself 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. Besides, "everybody knows" that once you have PTSD or any other mental disability, you're a [fill in the blank]?

WAS he a pedophile? Who knows? The jury don't know, because there was ZERO evidence presented at this "trial". He was convicted of BAD KARAOKE and THOUGHT CRIME: "He MIGHT take his poolside video home and masterbate to it". THAT was the prosecution's entire 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. He may also have preserved appeal on the inadmissibility of the videotape, seized under duress without probable cause nor search warrant.

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.

BIG BROTHER PIMP DADDY


Uncle Scam went bankrupt selling pussy and booze

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 CIA sexslave Cathy O'Brien's case of her and 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 & Serenity).







BIG BROTHER IS A TERRORIST

Big Brother murdered 1-million times more sheeple than the worst serial killer. Innocents Betrayed - Big Brother genocided 170-million sheeple in 100 years, not counting 200-million aborticides and 500-million "medical malpractice" murders.



That's why it's so dangerous to set a legal precedent like this, to arrest and convict folks for video in public places. US journalist Alex Jones was put on the "Terrorist Watch List" for videotaping on a public street in London. 1-million US citizens are on the "Terrorist No Fly List", including US senator Ted Kennedy, without any due process to appeal that secret order from a secret Star Chamber "court". Never mind that 9.11 was an Inside Job with a lot of help from Mossad in Israel, as a front for British MI6. Never mind that ALL crimes are classified as "domestic terrorism" by Section 802 of the so-called U.S.A.P.A.T.R.I.O.T. Act, that was not allowed to be read by Congress. Read Operation Northwoods. That's an order.

GANGSTA GOVT WANTS YER GUNS

Now NoBama is passing legislation to ban gun ownership from millions of Amerikans on the "Terrorist No Fly List", according to homosexual pervert NoBama's homosexual dick-sucking shit-eating pervert Commie chief of staff Rahmbo Emanuel:



NoBama's Bankster Bailout Bill includes billions for the Police State, signs renewal of CIA Rendition kidnappings and tortures. Never mind that White House chief of "staff" Rahmbo can't get a security clearance as an Israeli citizen and Israeli soldier, but gets to handle all of USA Top Secrets.





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.




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.

Expungement Forms




FRIGGIN BRAINDEAD STEPFORD CHILDS*

This guy didn't expunge anything. There was nothing in his past record regarding pedophilia or sex crimes. But that don't matter to the "Justice" Industrial Complex when it smells money.

I don't know what this guy's sentence is going to be, but a 20-year sentence costs ALL taxslaves a $2-million tax increase.


Rats running the Knox Habijail

Knoxville's palatial City County Building for courts and jailhouse costs a LOT of money own and operate. They need more slaves... Especially during an economic Depression caused by Gangsta Govt run amok.

This is the same building where George W Bush's gay lover Victor "Victoria" Ashe was mayor, then promoted to ambassador, and where judges told Cathy O'Brien that pedophilia and kiddie porn are LEGAL "for reasons of national security".


"The US Supreme Court said in Miranda that there's 40,000 police jurisdictions in America. We expect one civil rights crime in every one of those agencies every day. 40,000 times 365 days a year is 14,600,000 crimes committed by police every year. Hell, there's only 14,200,000 crimes committed by the criminals. The police commit more crimes against the People than the criminals commit!"
-George Gordon, The Policeman Is Not Your Friend, He Is Your Adversary

"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
-Detective Frank Serpico, NYPD, testimony to Knapp Commission

COP.
2. to steal; filch.
3. to buy (narcotics).
4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out.
b. cop a plea.
5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence.
b. to plead guilty to a lesser charge as a means of bargaining one's way out of standing trial for a more serious charge; plea-bargain.
-Dictionary.com, Random House Unabridged Dictionary 2006

Shocking video shows cops grabbing cash during raid. Cops perp the same theft during "burglery investigations".





GOVT TRIAL LAWYERS

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. More if you're innocent. 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 regarding 'bad news'", but I doubt a jury is that intelligent. It borderlines on "sexual abuse of a jury". Or brainwashing a jury to convict your own client...

TRIAL TACTICS

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...


Lascivious US Supreme Court porn, er, art

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 make this same mistake every day, and a jury is just a type of limited legislature with the power to VETO any law.

So this jury could nullify this child sexploitation law, but cannot create a new law saying that shooting video of fully clothed people swimming in a public pool is "sexual exploitation". For example, during Prohibition of alcohol (not the current prohibition of alcohol), juries literally drank the evidence during jury deliberations and foundnd the bootlegger Nor Guilty, but could not invent a new law for a Prohibition on coffee.

The judge used confusion of the word "lashivischness" (SP!), which is in the TN Code, to further confuse the jury to think this word is the case to a conviction - a word nobody understands or uses, but that anyone can make up a definition for as a so-called "community standard".




TN 39-17-1005. Offense of especially aggravated sexual exploitation of a minor.

(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.

(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.

(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.

(f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.

TN Pattern Jury Instruction: Especially Aggravated Sexual Exploitation of a Minor




LESSER INCLUDED OFFENSES

39-17-1004. Offense of aggravated sexual exploitation of a minor.

(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in:

(A) Sexual activity; or

(B) Simulated sexual activity that is patently offensive.

(2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4).

(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.

(b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901(10), or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in:

(A) Sexual activity; or

(B) Simulated sexual activity that is patently offensive.

(2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4).

(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.

(c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.

(d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state.

TN Pattern Jury Instruction: Aggravated Sexual Exploitation of a Minor




LESSER INCLUDED OFFENSES

TN Code 39-17-1003. Offense of sexual exploitation of a minor.

(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).

(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.

(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.

TN Pattern Jury Instruction: Sexual Exploitation of a Minor




NOT CHARGED WITH:

TN Code 39-13-529. Offense of soliciting sexual exploitation of a minor — Exploitation of a minor by electronic means.

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where such sexual activity or simulated sexual activity is observed by that person or by another.

(b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of electronic communication, electronic mail or Internet service, including webcam communications, to intentionally:

(1) Engage in sexual activity, or simulated sexual activity, that is patently offensive, as defined in § 39-17-1002, for the purpose of having the minor view the sexual activity or simulated sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, Internet service and webcam communications;

(2) Display to a minor, or expose a minor to, any material containing sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; and

(3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material.

(c) The statute of limitations for the offenses in this section shall be the applicable statute for the class of the offense, or until the child reaches the age of eighteen (18), whichever is greater.

(d) A person is subject to prosecution in this state under this statute for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the conduct involved a minor located in this state.

(e) (1) A violation of subsection (a) is a Class B felony.

(2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony.




The cop admitted on the witness stand that NONE of that video was "sexual".

The cop also testified that no person has a "right" to use a swimming pool they pay rent on, nor any "right" to live in an apartment they pay rent on, that it a "privledge granted by govt at discretion of a police officer". Same thing cops say about driving or owning a car...

Where this guy messed up was getting mad and shutting up at the WRONG time, when the cop asked where he lived. US Supreme Court says you MUST tell cops your name AND ADDRESS, or they can arrest you without any crime committed, just to check ID (verbal is ok). He REALLY messed up giving the cop the video (under duress to avoid immediate arrest), which is the only "evidence" that convicted him (the crime of bad karaoke).




TN Code 39-17-1002. Part definitions.

The following definitions apply in §§ 39-17-1002 — 39-17-1007, unless the context otherwise requires:

(1) “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;

(2) “Material” means:

(A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;

(B) Any statue, figure, theatrical production or electrical reproduction;

(C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or

(D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;

(3) “Minor” means any person who has not reached eighteen (18) years of age;

(4) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;

(5) “Performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;

(6) “Promote” means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;

(7) “Prurient interest” means a shameful or morbid interest in sex; and

(8) “Sexual activity” means any of the following acts:

(A) Vaginal, anal or oral intercourse, whether done with another person or an animal;

(B) Masturbation, whether done alone or with another human or an animal;

(C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

(D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

(E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

(F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

(G) Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.




Does shooting video at a public swimming pool meet this definition?

Would YOU want to be prosecuted under the same definition as this case, where any video you shoot yourself is classified as "computer porn"?

The moral of this case is: DON'T DRINK ALCOHOL THEN GO SWIMMING WITH A VIDEOCAM!


Homosexual perverts shoot snuff kiddie porn at Jewish Bohemian Grove nudist compound, protected by Secret Service, FBI and Sonoma County Sheriff Dept

In a similar false prosecution, Chris Jones was sent to prison in retailiation for infiltrating Bohemian Grove as an employee, then videotaping the empty campground. When he showed his video to minors (to warn them about corrupt govt), he was arrested using this same law of sexual "exploitation" of a minor.

This is the same undercover video that got Chris Jones convicted: THE ORDER OF DEATH




Snuff kiddie porn at Bohemian Grove by George HW Bush, proven in multiple courts, both civil and criminal, by Senator John DeCamp, author of The Franklin Coverup

The Franklin Coverup: Book 2

"The night it all came down I could not stop shivering. It changed the way I viewed a lot of things. For the first time, sitting on Council [with mayor Ashe], I really felt I was in the presence of evil. I had disagreed with people on many occasions and felt strongly about many things, but I never ever had felt something I could describe as the presence of evil. Until that night. There was just darkness. Hopelessness. But never, until Danny's death and the appointment of someone other than his wife [who resigned this week to become a judicial commissioner, hoping for a job as judge], and knowing the orchestration that took place to make it happen, did I realize that I could never again go back to that body without carrying with me my belief that they were capable of the worst possible actions."
—City Councilmember Carlene Malone, MS (psychology), regarding "voter impeachment" (recall) in 2001 of then-mayor Victor Ashe (now ambassador to Poland, promoted by and romantically linked to his college roommate and fellow cheerleader George Bush Jr. in homosexual Skull & Bones Senior Secret Society at all-male Yale University), and her last week in office, Metro Pulse, "Malone Alone", December 13, 2001

"It looks like a damn Habitrail with Rocky Top playing in the background. The people who designed it must be frigging brain dead - turning downtown into a theme park mall for Stepford Childs. Call in Disney and hoist the Mouse's Ears. The taxpayers will be paying for this fiasco for generations to come. It will never recover. Knoxville must be the most corrupt city on earth. People worry about the national government, but it's the local government people need to fear. Thanks to the debt from the mayor's downtown renovation schemes, this town will be bankrupt for generations to come. It will never recover."*
—City Councilmember Carlene Malone to John Lee of Pirate News, discussing Skull & Bones mayor Victor Ashe's Billion-dollar welfare for "Universe Knoxville" (owned by Bohemian Clubber Scripps-Howard (Knoxville News Sentinel), and arson of her 2 cars during Wrecker Commission hearings against Knoxville's Mafia-connected towing and garbage cartels, and before suing Mayor Ashe and his Wrecker-Inspected Beer Board for secret meetings


Skull & Bones mayor of Knoxville Victor "Victoria" Ashe with the father of his gay lover, Sir George "Magog" Bush Sr, Pedophile Knight of the British Empire.

Leola McConnell, Bush and Ashe's dominatrix, is now missing and presumed murdered, after publishing her book about their dangerous liasons, Lustful Utterances. The last conversation John Lee at Pirate News had with her was a warning that one of Victor's gay lovers was found murdered in the Andrew Johnson Hotel, now HQ for Pirate News TV. Bush was sued for rape by Margie Shoedinger, who was soon found with a bullet hole in her head. Those are the REAL pedophile criminals who deserve life behind bars (steel and concrete, no booze, no escape, no pardon).



White House homohooker "Jeff Gannon" was kidnapped, buggered and tortured by Sir George Bush Sr Faggot Knight of the British Empire, and his convicted drunk-driving faggot offspring of The Beast 666 George Bush Jr.

ABOUT THE PROSECUTION PEANUT GALLERY

These are the same prosecutors who obstructed justice by preventing me from filing Affidavits of Probable Cause for Criminal Complaints with judicial commissioners, against city towing contractors, city court employees, and KPD cops and commanders, for theft of my two cars, resulting in three class actions in three courts. But I still got 100 towtruckers fired and banned for five years for extortion and contract fraud on 100% of tows, got the court clerk fired for keeping a secret court docket, but never got my cars back.

These same KPD and city court crooks are now facing another grand jury pro se this month, by disgruntled state legislative candiate Tona Monroe-Ball, who finally got the D.A. to stop obstructing justice. Dr. Ball used my legal tips to win appeal of a city traffic ticket in Knox County Circuit Court, using TN Rules of Evidence, and won a letter of apology from the city judge.

The prosecutor spectators included Leslie Nassios, a former public defender of government assassin Charles Daniel Gray, convicted of his second murder conviction while his gang put a bullet hole in my car, whose boss the US Drug Enforcement Administration got the prosecutor fired and Gray released from prison three years before his parole date, with Gray now working in the D.A's office as a salaried "informant". Much to the disgruntlement of honest prosecutors, presuming there still are any. Leslie Nassios freaked out in the courtroom and tried unsuccessfully to get me thrown out of that trial, "for scaring the hitman into going insane in his prison cell", using only my photojourno charms on WBIR TV. Judge Mary Beth Leibowitz ordered "it's the public's trial, not the defendant's trial". My UT law professor/prosecutor Dr. Death Jolly got a kick out of that, especially after he kicked Nassios' ass in court so bad, the expert defense witness fell down flat on his face while exiting the witness stand. Despite that being "the best trial Nassios ever tried." I was Dr. Death's first 3L "grad" to win a trial in court, a $50,000 parking ticket appeal in Knox County Circuit Court.

Judge Baumgartner is the same judge who refused exhumation of former Knox D.A. Ed Dossett's moldy corpse, now that his black widow is on trial for murdering two suckers, er, lawyers, er, husbands. D.A. Dossett allegedly died by routine "cattle stampede", though his wife was an RN (assassin?) skilled at administering an overdose of morphine, allegedly in both deaths. Punishment for prosecuting the "wrong" defendants, according to the Good Old Boys in the Star Chamber of Commerce?


Judge Baumgartner just says NO to digging up dead D.A. and YES to arresting every videocam owner in USA

Judge Baumgartner previously attended city council with a stripper in tow, bragging how she was "cured" of drug addiction by his court, after successfully shoplifting $250,000 in unrecovered merchandise.

ABOUT THE AUTHOR

John Lee is producer of Pirate News TV, winner of Los Angeles Music Awards and L.A. Indies in Hollywood, winner of Tennesseed Technology in Business Award for best collegiate website. History Channel and Asahi TV in Japan featured Lee's investigation of 9.11 that helped Alex Jones break the story first discovered by Colonel Donn de Grand Pre, that US Air Force shot down United Airlines Flight 93, to save possible decapitation of Congress in Washington DC. Lee's father J.D. Lee is on the trillion-dollar dream team of lawyers suing the Saudi members of Bushes' Calyle Group for their part in perping the 9.11 massacres. J.D. Lee was also on the dream team of 100 lawyers that sued the Bush Sr White House and CIA via the RICO Act for perping narcoterror bombings to kill US journalists during Iran-Contra, that resulted in dozens of White House staff convicted of felonies (then pardoned). Lee's cousin Sharon Lee is currently a justice on the Tennessee Supreme Court. John Lee's wife was personally offered a Pentagon job by Secretary of War Dick Cheney, for successfully leading a mutiny against her commanding officers during Iraq War #1. John Lee's USAF job was loading nukes on supersonic bombers targeted at Western Europe, and nuking US military bases in controlled demolitions.




Trial by jury returns to Japan and the lawyers aren't happy

Richard Lloyd Parry in Tokyo

Despite their sinister code names, the four men and two women in the Saitama District Court don’t look like revolutionaries, and none of them would claim to be. There’s Mr Number Five, a young businessman, Mrs Number Four, a cardiganed housewife and Mr Number Two, a besuited retiree. They are polite, deferential, entirely ordinary people and they represent the biggest shake-up in Japanese justice in decades.

They are jurors, a species unknown to most Japanese, who will take centre stage this year. Sixty years after being abolished by the wartime military Government, trial by jury is back and it is dividing Japan. Lawyers are worried about adapting their methods, Japanese at large seem horrified by the prospect of jury duty and judges have denounced the change as destructive tinkering.

Most serious of all is the claim that Japanese are unsuited to serving on juries because of the conformist nature of society. “Japanese people pay more respect to authority than to the individual and are afraid of being isolated by the majority,” said Kiichi Nishino, a professor of law at Niigata University. “But unless a juror is bold enough to disagree with the legal professionals, then this system is meaningless.”

Japanese have had few complaints about their criminal justice system but it has been remote from the lives of ordinary people. Criminal trials, presided over by a panel of three judges, were technical, turgid and frequently drawn out.

Instead of the 12 jurors familiar in British and US courts, beginning in May six “lay judges” will join the three professional judges to hear serious crimes such as murder.

The problem is that the legal professionals are not used to explaining things to ordinary citizens. “If you become an advocate in the US you dream about speaking in front of a jury and making your closing argument,” says Matt Wilson, an American law professor at Temple University, Tokyo, who has organised training for Japanese attorneys. “Japanese lawyers aren’t used to that.”

Then there are the jurors. Reservations have been expressed about the effect on livelihoods of being forced to take time off work. Some have expressed fears of retribution — hence the code numbers. According to polls many are reluctant to serve. “I don’t like the idea of judging other people,” says Mr Number Two.

The jurors represent an unpredictable element in a system set in its ways. “Legal professionals have always been isolated from ordinary people,” Mrs Number One said. “If this means that verdicts reflect the feelings of citizens, then that can only be good.”

System on trial

— In Germany jury trials were abolished in 1924 because cases were thought to be too complex for juries of lay people

— France has not restored its jury system since it was abolished during the German occupation in 1941. A panel of judges and jurors sits in the higher courts

— In the US lawyers provide questionnaires of up to 100 pages to vet jurors

— South Korea introduced juries last year

Japan lost its Jury system to a totalitarian government
-Germany went totally Nazi 10 years after eliminating its Jury system -France lost its Jury system to those same Nazis
"(The Jury) Is the only anchor ever devised by man able to hold a government true to its Constitution" -Thomas Jefferson

James T Bravo, YellowKnife


It is time for there to be juries in every country, not to be vetted, but regular people that can be the active reducers of the fascist societies engulfing the nations of the world, not the least which is Britain. Shame on those in the British government hang your heads and stand in the corner NOW!

elizabeth, seattle, USA


See also:

75% of judges in USA are not licensed lawyers, never graduated law college, and many cannot even read...




UPDATE: JUDGE BAUMGARDNER ARRESTED, CONVICTED DISBARRED FOR BEING DOPED IN COURT, 1000S OF OCNIVCTIONS REVERSED BY THIS PIRATE NEWS REPORT

UPDATE: Top Secret TBI Report on disbarred dope addict Judge Baumgartner - 1050 pages redacted from the 1200-page report

UPDATE: Clerk's office releases 155 pages of TBI investigation of former judge Richard Baumgartner - Baumgartner's administrative assistant, Jennifer Judy, who told the TBI that Baumgartner went into rehab in 2008 for alcohol addiction but soon began exhibiting signs of what the public now knows was a prolific addiction to prescription painkillers. "Judy stated on some days he was so impaired that his court clerk or the district attorney's office would reset matters scheduled for that day," according to TBI's summary of Judy's statement. "She advised that Judge Baumgartner felt like he could do the little things on the bench, but there would be days when she would tell him that he probably did not need to have court and needed to stay off the bench and stay in his office. "Judy said sometimes Judge Baumgartner would 'buck up' if he thought he was fine and that she had threatened him before that if he went into the courtroom impaired, she was not going in with him and be subjected to ridicule from others in court," the statement continued. "She stated that she felt his peers, other lawyers, including the district attorney's office, knew what was going on, but they did not confront him about his issues because he was 'the judge,'" she told the TBI. Or, consider the words of Deena Castleman, a graduate of the drug court program over which Baumgartner presided and who would become Baumgartner's mistress and pill supplier. Special Judge Jon Kerry Blackwood on Thursday granted new trials to the four defendants in the January 2007 torture slayings of Channon Christian, 21, and Christopher Newsom, 23, based on evidence uncovered by the TBI that since at least September 2007 and continuing until Baumgartner stepped down from the bench earlier this year the judge had been committing all manner of crime, from doctor shopping to get prescription painkillers to buying them from street dealers like Castleman to portraying himself as Castleman's attorney to outright intoxication behind the wheel. Blackwood's ruling could open the door for thousands of criminals convicted in Baumgartner's court during that period to challenge the validity of their cases. Baumgartner's attorney, Donald A. Bosch, steadfastly denied a sexual relationship between Baumgartner and Castleman. In March, Baumgartner made a hastily-scheduled appearance before Blackwood in what was a plea deal struck between Bosch and special prosecutor Al Schmutzer Jr., in which the judge confessed to a single felony official misconduct charge for buying pills from Gibson. Blackwood granted him judicial diversion, which spared him his pension. When accepting a negotiated plea, judges typically do not examine the investigating agency's entire file. But, in every case in which a judge must decide a defendant's sentencing fate, a pre-sentence investigation report is prepared by a state probation officer to help that judge make his or her decision. No such report was conducted in Baumgartner's case. The limited portion of the file made public Friday makes clear the agency had largely detailed the pervasive extent of Baumgartner's crimes in mid-February — weeks before he confessed to the sole crime of procuring drugs from a felon under his legal thumb. But questions remain about what in the entire TBI file is being kept hidden from the public and why.

UPDATE: Hugh and Mary Newsom "shocked, appalled" at Baumgartner's actions - Video

UPDATE: New trials needed to cleanse judge's misconduct - The four people convicted in the killings of Channon Christian and Christopher Newsom — Lamaricus Davidson, Letalvis Cobbins, George Thomas and Vanessa Coleman — will get new trials. Davidson had received the death penalty, Cobbins and Thomas life sentences, and Coleman a 53-year sentence. The victims' families will have to endure revisiting the gruesome murders. Both victims were sexually assaulted. Christian was stuffed into a barrel and left to die, while Newsom's body was set on fire near the Chipman Street house where the defendants lived. Blackwood ruled Baumgartner's behavior amounted to a structural error that compromised the process and rendered the trial "unfair or an unreliable vehicle for determining guilt or innocence." Baumgartner appeared to be impaired during court proceedings and at one point lay down his head, prompting his secretary, Jennifer Judy, to send him a note warning him to sit up or leave the bench. Baumgartner's descent into addiction didn't go unnoticed. According to Blackwood, several prosecutors gave the TBI accounts of his erratic behavior. Judy at times confronted the judge, as did District Attorney General Randy Nichols on one occasion. Baumgartner remained in denial, however. By the time he finally confessed and stepped down, Baumgartner's recent court decisions, his reputation and the public's confidence in the justice system lay in ruins. Blackwood was visibly upset during Thursday's hearing, saying he hated to humiliate his former colleague, but it is Baumgartner who has humiliated Blackwood and every other judge. Everyone who respects the rule of law must share Blackwood's anguish at Baumgartner's betrayal of the justice system.

UPDATE: Baumgartner's problems evident around courthouse - Former Judge Richard Baumgartner's addiction to prescription painkillers was not a secret around the Knox County courthouse, 155 pages from a Tennessee Bureau of Investigation released Friday show. Baumgartner's clerk Jennifer Judy or the district attorney rescheduled Baumgartner's daily schedule when he appeared too impaired to work and that it was clear to others something was wrong. "She stated that she felt his peers, other lawyers, including the district attorney's office, knew what was going on, but they did not confront him about his issues because he was 'the judge,'" the report said in a recounting of an interview with Judy.

Special Judge Jon Kerry Blackwood released the pages a day after he threw out the convictions of four people tried in the sexual torture and murder of 21-year-old Channon Christian and 23-year-old Christopher Newsom, who were carjacked while on a date in January 2007. Blackwood ruled that, based on evidence gathered by TBI, Baumgartner was intoxicated during parts of the 2009 and 2010 trials. Lemaricus Davidson received the death penalty, Letalvis Cobbins and George Thomas are each serving life sentences and Vanessa Coleman is serving a 53-year sentence. All are from Knoxville except Coleman, of Lebanon, Ky. The special judge also ruled Baumgartner used his position of authority to secure pills and influence defendants in his courtroom. Baumgartner was disbarred in October. "Judy stated on some days he was so impaired that his court clerk or the district attorney's office would reset matters scheduled for that day," TBI's summary of Judy's statement said. "She advised that Judge Baumgartner felt like he could do the little things on the bench, but there would be days when she would tell him that he probably did not need to have court and needed to stay off the bench and stay in his office."

UPDATE: Gaps in Tennessee drug laws helped judge escape scrutiny -The prescriptions came in, one after the other — sometimes no more than a day apart. Former Knox County Criminal Court Judge Richard Baumgartner showed up at the same pharmacy counter as often as five times a month with a prescription for painkillers, according to court records released Friday. A heavily redacted Tennessee Bureau of Investigation file gives no sign he ever left empty-handed. Tennessee law requires nearly all medical professionals from physicians to podiatrists to report suspected doctor-shoppers to police — all except the people who fill the prescriptions. "Pharmacists are not included," said Andrea Turner, spokeswoman for the Tennessee Department of Health. Baumgartner's scripts from May 2006 to November 2010 came from six doctors, two nurse practitioners and a veterinarian — all licensed in good standing and all with legitimate powers to write prescriptions in Tennessee, records indicate. The former judge filled all but two of those prescriptions at the same pharmacy at the Kroger on Asheville Highway near his home in East Knox County. Kroger officials complied with a TBI subpoena for Baumgartner's prescription records. Some entries in the pharmacy log have been blacked out, and the parts of the file released so far don't include receipts for the prescriptions that authorities say Baumgartner paid for in cash — or include estimates of how many pills he bought from dealers on the street. What's left are 73 scripts for nearly 3,000 pills — more than 2,600 painkillers and more than 150 tranquilizers — over a four-year period. The drugs add up to a dosage his former physician, Dr. Dean Conley, called "phenomenal" — as much as 300 hydrocodone pills in a single month, for example.

UPDATE: More questions than answers after fatal carjacking convictions tossed out - One day after the convictions in one of Knoxville's most horrific crimes were upended, there were more questions than answers. "It's a giant mess," said Richard Gaines, a Knoxville criminal defense attorney turned John J. Duncan School of Law professor at Lincoln Memorial University. Special Judge Jon Kerry Blackwood on Thursday ordered up new trials for the four defendants in the January 2007 torture-slayings of Channon Christian, 21, and Christopher Newsom, 23. He cited as the basis for his decision two key findings: Former Knox County Criminal Court Judge Richard Baumgartner was, since as early as September 2007, a prescription painkiller addict whose crimes related to that addiction rendered the proceedings "structurally" flawed, and Baumgartner was simply too impaired by his daily massive drug use to fulfill his role as "13th juror" in the Christian/Newsom case. Those details included the fact that the prosecutors in the Christian/Newsom case saw Baumgartner weaving behind the wheel of his vehicle as he left Davidson County — after selecting the first of four juries that tried the defendants — and that they reported it to their boss, Knox County District Attorney General Randy Nichols. Nichols, in turn, confronted Baumgartner, who blamed sleeping woes and "too much wine" for his behavior. Nichols never raised an alarm either to state officials tasked with policing judges or the defenders of the defendants in the Christian/Newsom case. Months later, Nichols' employee Jeff Blevins found suspicious Baumgartner's move to intercede on behalf of a graduate of his Drug Court. The TBI probe since has revealed that the graduate was the ex-judge's mistress and pill supplier. But neither Blevins nor Nichols did anything as a result. Ditto for General Sessions Court Judge Andrew Jackson VI, a former prosecutor in Nichols' office who also was contacted by Baumgartner on behalf of his mistress. Nichols and Baumgartner were both active Democrats and, at one time, close friends. Baumgartner succeeded Nichols on the bench.

UPDATE: Christian, Newsom families see more trials, tears ahead - The families sat through every trial. They trusted the judge. They did as he asked. That faith disappeared Thursday. "He's taken four years of our lives away," said Chris Newsom's mother, Mary. "I never imagined anything like this. Yes, I'm angry. He should have known better. He should have stepped down." The parents of Newsom and Channon Christian watched as convictions returned in their children's deaths evaporated in a single court hearing. Records showed Criminal Court Judge Richard Baumgartner presided over each of the four state trials and guilty verdicts in the kidnapping, rape and killing of the couple while trysting in his office, cutting drug deals with felons on a taxpayer-funded cell phone and snorting pain pills with a former Drug Court probationer. Prosecutors, secretaries and others saw the signs. The trials went on. "Half this courthouse knew," said Channon Christian's father, Gary. "Some made suggestions. Nobody did anything." The families listened four times to every detail of their children's injuries — Newsom shot by a railroad track, Christian dumped in a garbage can to die — while the judge sat high on the bench, sometimes calling breaks for a pill run. "Now we've got four or five more years to live in hell," Gary Christian said. "We were told not to cry (in front of the juries) by a man on more narcotics than an elephant should be able to stand."

2 comments:

Dragonater said...

Judge Baumgartner suspended and facing felony charges:
http://dragonaters.blogspot.com/2011/02/deadbeat-judge-breaks-breaks-wifes-arm.html

Dragonater said...

Judge Baumgartner pleads guilty to Official Misconduct, no jail, resigns from judgeship, two years probation, may lose law license. All cases decided by Baumgartner are now under review...
http://www.knoxnews.com/news/2011/mar/26/judge-vows-to-continue-justice/