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International Treaty Used in Motion to Dismiss Molestation Case (Criminal Alien Molests 8-Month Old)
Clayton News Daily ^ | June 13, 2007 | Daniel Silliman

Posted on 06/15/2007 5:09:53 AM PDT by DogByte6RER

International treaty used in motion to dismiss molestation case

By Daniel Silliman

dsilliman@news-daily.com

Published: June 13, 2007 11:05 pm

Even the defense attorney admitted it was a long shot.

Citing an international treaty, Stephen Mackie argued charges of aggravated child molestation, aggravated battery and cruelty to children should be dismissed because police didn’t tell the accused man he could seek advice from the Mexican consulate.

According to the Vienna Convention, signed in 1963, “foreign nationals” have to be advised of their right to seek legal council from their country’s consulate, when they are arrested.

Mackie said the requirement -- sort an international version of Miranda rights -- said the consulate officer could help the defendant navigate the unfamiliar laws of the country and explain the rights of the individual, such as the right to remain silent.

The United States Supreme Court’s rulings on the application of the treaty are mixed, Mackie told Clayton County Superior Court Judge Matthew Simmons. “I know the law is against me, as it currently stands, but that could change,” Mackie said. A second pre-trial motion, citing the same international treaty, asked to have the defendant’s statements to police suppressed.

The prosecutor, Deputy Chief District Attorney John Turner, said he’d never seen the Vienna Treaty used as a defense in a superior court. “It’s just something you rarely see, or in my case, never,” he said.

The defendant, Eligio Chia-Duran. Chia-Duran, wore a black headset, during the proceedings, and listened to his lawyer’s arguments through a translator. Wearing a red, Clayton County Jail jumpsuit, he occasionally looked over his shoulder to glance at the two Forest Park Police Department detectives who arrested him the day after Christmas.

Chia-Duran. Chia-Duran, a native of Mexico, is accused of molesting an 8-month-old girl. When the girl was brought to Southern Regional Medical Center, on Dec. 25, she had 30 bruises on her body, her ribs, vertebrae and skull were fractured, leaving her paralyzed. She had blood in her diaper, her brain was bleeding, and physical evidence suggested she had been molested.

Turner said about 100 pages of single-spaced medical records, verified by more than five doctors, is “unrefutable” evidence against Chia-Duran. Chia-Duran faces a possible maximum sentence of 60 years in prison.

Turner argued there was no evidence of “harm or prejudice,” because Chia-Duran wasn’t told of his right to seek help from the Mexican consulate, and the detectives had no way of knowing the man wasn’t an American citizen.

“He didn’t tell police he was a foreign national,” Turner said. “The police dealt with him they way they would with any citizen.”

Detective Kelvin Jackson said, after the hearing, that he knew foreign nationals had to be told of that right, but the man had a South Carolina driver’s license and didn’t give him any reason to think of the Treaty of Vienna.

Mackie, a privately-retained attorney from Sandy Springs, Ga., said the argument was only a pretense. “The man doesn’t speak any English,” he said. “I think it’s kind of specious to suggest the police didn’t know he was a foreign national.”

Judge Simmons ruled against the motion to dismiss the case, and against the motion to suppress Chia-Duran’s statements to police. He did grant Mackie a month continuance, in the case, to allow him time to review medical records and consult a medical expert.

The prosecution and defense are in talks about negotiating a plea. Turner said the district attorney’s office has agreed to a 15-year sentence, if Chia-Duran pleads guilty by Friday, June 22.

The trial is set to begin next month.


TOPICS: Crime/Corruption; Government; Miscellaneous; US: Georgia
KEYWORDS: aliens; amnesty; borders; illegalaleins; illegals; immigrantlist; invasionusa; mexico; moralabsolutes
!

Sick and twisted. Adding insult to injury is the lawyer trying to use an "international treaty" to get this perv off the hook.

1 posted on 06/15/2007 5:09:56 AM PDT by DogByte6RER
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To: SwinneySwitch; HiJinx; AuntB; wagglebee; KylaStarr; Cindy; StillProud2BeFree; nw_arizona_granny; ...

ping


2 posted on 06/15/2007 5:16:15 AM PDT by Calpernia (Breederville.com)
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To: DogByte6RER
The cop should have checked to see if he was a foreign national. That said, the defendant was able to get a lawyer and present a defense. This creep’s rights have not been violated in any way that would have effected this case.

Besides, given the number of Mexicans both legal and illegal in this country, the Mexican Embassy would need to open a 24 hour call center to field every notification they are entitled to under the treaty. Because IIRC it cover arrests, not just prosecutions so there are a lot of misdemeanors included.

3 posted on 06/15/2007 5:20:31 AM PDT by GreenLanternCorps (Thompson for President: 2008, 2012: Jindal for President 2016, 2020)
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To: DogByte6RER

Looks like the police need to advise suspects of their “rights” under the Vienna Convention as well as Miranda- and recite it all in 10 different langauges, of course.


4 posted on 06/15/2007 5:23:23 AM PDT by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: Calpernia

Its good I am not a cop because I would forget the d@mn Miranda & just take a monster like this out & shoot him between the eyes. I wonder if the mother is sticking by her man? Shaking here with total disgust. I guess we are paying for this scummers defense too?


5 posted on 06/15/2007 5:27:34 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812

Pandoraou812 for Police Chief!!!!


6 posted on 06/15/2007 5:28:18 AM PDT by Calpernia (Breederville.com)
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To: DogByte6RER

“...and the detectives had no way of knowing the man wasn’t an American citizen...”

Of course they didn’t! They aren’t allowed to ask!!! This is Catch 22 BS in spades.


7 posted on 06/15/2007 5:30:24 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: pandoraou812

>>>I guess we are paying for this scummers defense too?

It’s worse than that.

If this Alien gets to go to our prisons, he gets medical, health care, and paid if he enters UNICOR (Federal Prison Industries).

When an alien joins the UNICOR prison labor program, they get paid. The money goes into a trust for them. If reparations are needed to be paid to victims, the money is deducted from that; but the balance is theirs.

So, after their imprisonment, they get deported with education, health management and monies made from the prison labor program.


8 posted on 06/15/2007 5:35:40 AM PDT by Calpernia (Breederville.com)
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To: DogByte6RER
Is this little girl still alive, and if so, what is her condition?

As for the animal that did this to her, I say...


9 posted on 06/15/2007 5:36:37 AM PDT by Virginia Ridgerunner ("Si vis pacem para bellum")
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To: pandoraou812

Amen to that. I don’t know how these cops can maintain their composure.


10 posted on 06/15/2007 5:46:35 AM PDT by DonGrafico (Gowd demmit bub! You ain't from around heah ah ya?)
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To: DogByte6RER
she had 30 bruises on her body, her ribs, vertebrae and skull were fractured, leaving her paralyzed. She had blood in her diaper, her brain was bleeding, and physical evidence suggested she had been molested.

They are arguing over this POS's rights being violated? He shouldn't have the right to breathe if found guilty.
11 posted on 06/15/2007 5:49:20 AM PDT by kinoxi
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To: Calpernia; 230FMJ; 49th; 50mm; 69ConvertibleFirebird; Aleighanne; Alexander Rubin; ...
Moral Absolutes Ping!

Freepmail wagglebee or little jeremiah to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


12 posted on 06/15/2007 5:56:27 AM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: Calpernia; TigersEye

Oh no...my idea of justice would get me into prison asap. lmaoooooo ~P~


13 posted on 06/15/2007 6:06:11 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: Virginia Ridgerunner

Amazing that it took 7 paragraphs before mention of what happened to the little girl. Even more amazing, there is no update on her status.

If the reporter was asked what his primary concern for this story should be, he’d probably say the little girl. His actions, and lack thereof, say differently though.

My heart goes out to that poor little girl. There is no level of hell deep enough for whoever did this to her.


14 posted on 06/15/2007 6:12:28 AM PDT by Personal Responsibility (Having a thing is not so pleasing as wanting. It is not logical, but often true.)
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To: DogByte6RER

See, now this situation brings me back to a thought I’ve had for a long time now, and that is that not all sex offenses are equal (I know, you all are saying well duh, HC). Let me explain.

Ya know, the 19-year old, who dates and has a “consensual” relationship with 16-year old is, and should be, still against the law. This is because a 16-year old is *not quite* an adult, no matter how much he/she thinks they are. Therefore, there still needs to be some type of enforcement/punishment, although I don’t think the 19-year-old should necessarily be required to register as a life-time sex offender (unless he/she is predatory).

Contrast that with this situation, where the trial should be in the morning, break for lunch, stage the public execution in the afternoon, then have a community dinner that evening. All this regardless of the perp’s citizenship. If he happens to be a citizen of another country, we can arrange to throw his worthless carcass over the border where it can be claimed by his next of kin if so desired.


15 posted on 06/15/2007 6:13:15 AM PDT by Hegemony Cricket (Don't mistake timid driving for defensive driving.)
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To: DogByte6RER
Sick and twisted. Adding insult to injury is the lawyer trying to use an "international treaty" to get this perv off the hook.

"Judge Simmons ruled against the motion to dismiss the case, and against the motion to suppress Chia-Duran’s statements to police."

Looks like it didn't work.

16 posted on 06/15/2007 6:16:50 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: DogByte6RER

there is a special place in hell for this monster.


17 posted on 06/15/2007 6:22:08 AM PDT by zek157
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To: DogByte6RER

#1 Courts have ruled that POS foreign nationals do have to have their embassies/consulates notified upon arrest. This card has been played successfully in Texas murder trials. So be it

#2 But this type ruling is great for us because Mexico is claiming jurisdiction over its wayward criminals. Meaning this can be used to kill the anchor baby provisions of the 14th Amendment.


18 posted on 06/15/2007 6:22:30 AM PDT by dennisw (The fear of the Lord is the beginning of knowledge: but fools despise wisdom and instruction)
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To: DogByte6RER

UN Treaty of the Child sure will protect children. Not.

Where are all the feminazis when you need them.


19 posted on 06/15/2007 6:28:01 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Calpernia; pandoraou812

pandoraou812 for head of immigration!


20 posted on 06/15/2007 6:29:09 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: DogByte6RER

If ever there was a case for the death penalty for those who molest and abuse children.


21 posted on 06/15/2007 6:31:01 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: pandoraou812
Words of wisdom - just take a monster like this out & shoot him between the eyes. - Enough said.
22 posted on 06/15/2007 6:45:37 AM PDT by Ping-Pong
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To: metmom

That I would gladly do. Or I would find a bunch of normal sensible people who would help me . Enough is enough with our govt ignoring what we the people have asked for. Anyone who commits crimes like this one wouldn’t need to be deported thats for d@mn sure....I would even hate to waste a bullet on scum like this . Let alone all the taxpayers money on a trial. If there is no doubt & DNA proof I would say he is guilty. Is the mother talking? I find it very strange how so many illegals understand enough English to get jobs , figure out money orders & calling cards, but then we cater to them & make it easy enough because everything is in Spanish. I remember years ago going to court in the town next to me which has many Mexicans. They all spoke good enough English outside in the lobby but when they came before the judge it was I no speaka da English... I just don’t buy this BS anymore.


23 posted on 06/15/2007 7:08:34 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: bk1000

You’re right about the catch 22.

To take it a step further, if all of the open border advocates demand that the police departments operate as “sanctuary cities” then the police would not ask a criminal suspect about his immigration status. If the police cannot ask about immigration status, how can anyone expect the police to know to contact a foreign consulate for a criminal suspect?

This seems like it could be a definite catch 22, although I don’t know if the police in this specific case operate as “sanctuary city.”

Liberals, whether they are open border advocates, criminal apologists, or appeasers for tyranny, apply their standard rule of “Heads I win...Tails you lose” to everybody else.


24 posted on 06/15/2007 7:08:46 AM PDT by DogByte6RER ("Loose lips sink ships")
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To: Hegemony Cricket
What gets me is the boy who meets the younger girl who looks like she is 21 yrs old , lies about her age & they have sex. Here in NJ that boy who is 19 yrs old will go to jail if he doesn’t make a plea deal & he will be on parole for the rest of his life. He can appeal it in 15 yrs from the sentencing date. Girls always want to go out with older guys who drive and these days they look so much older. They can lie like rugs about their age but the boy is still guilty. Doesn’t seem fair to me at all. If its rape thats another matter & there should be punishment but when its not rape but “consensual” there needs to be a better way of handling it then ruining a young man's life .
25 posted on 06/15/2007 7:21:11 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: DogByte6RER
“The man doesn’t speak any English,” he said. “I think it’s kind of specious to suggest the police didn’t know he was a foreign national.”

Lots of Americans don't speak English these days. If the detective had based on an investigation on the fact that he spoke Spanish, he could've been accused of racial profiling.

26 posted on 06/15/2007 7:24:48 AM PDT by <1/1,000,000th%
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To: pandoraou812

Yep. And I think a “sliding scale” of punishment with triggers for extenuating circumstances that increase/lessen sentences appropriately, would go a long ways towards that.


27 posted on 06/15/2007 7:32:37 AM PDT by Hegemony Cricket (Don't mistake timid driving for defensive driving.)
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To: Virginia Ridgerunner
Is this little girl still alive, and if so, what is her condition?

She is still alive. This is from another thread:

Illegal immigrant fails to sway judge in sex case

Chia-Duran is charged with aggravated battery and aggravated child molestation involving the then-8-month-old daughter of his girlfriend. The mother, Fabiola Delgado Mata, 20, also is charged. The baby, who is paralyzed from the waist down because of injuries allegedly inflicted by Chia-Duran, is in state custody.

28 posted on 06/15/2007 7:35:33 AM PDT by DumpsterDiver
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To: pandoraou812

I knew an EMT who worked in NYC. He said the same thing. When he was at the scene of an accident before the police showed up, fluent English was flying everywhere. As soon as the cops arrived, it was *No hablo Engles* and a translator was required.


29 posted on 06/15/2007 7:38:24 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: Hegemony Cricket
I agree. I think if a girl lies about her age how can she be trusted to be honest during a trial? I have heard so many horror stories of young guys who truly thought a girl was 18 or older & finding out she was 15 or sometimes younger. The parents cry rape and press charges. I blame many parents for buying the clothes that are totally inappropriate for a teenager & letting them out all hours. When my oldest daughter ( now 28 yrs old) started wanting to go to these teen clubs where they could get in at 16 yrs old but not drink I said no way....She was mad as hell & I really didn’t care. I told her I am not your friend. I am the mother. It didnt work too well as she ran away to her grandparents who let her do whatever she wanted but today she is clean & sober, married & has a little boy. I learned to be even tougher on my sons who all turned out to be really good men . Now I just have the 7 yr old daughter to worry over & her daddy is worse then I could ever be. IMHO I think if more parents actually parented we would all be better off & so would the children.
30 posted on 06/15/2007 7:45:50 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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Comment #31 Removed by Moderator

To: metmom
Seems they know how to play the system awfully well doesn’t it? Funny how they know their “rights” & how to get all the freebies they can. It makes my blood boil. I really have no problem will law abiding people who come here for a better life. But they need to do it as my grandparents did & how people who are doing it legally. I am scared to death of the diseases these people bring in & every single day I read about crimes, murders & deaths from illegals driving drunk. This is what we want in our country? Not me. Deport them all. Let them wait in line and come in legally!!
32 posted on 06/15/2007 7:53:25 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: pandoraou812

That situation is a far cry from raping an actual child.

Some people (feminists apparently) need to get their heads out of their butts and realize that anytime it happens to someone below puberty for example, that it should always be considered a crime and IMO, execute the guy, but the girl dating a guy and choosing to sleep with him is a different matter.

This whole tactic of changing one’s mind and crying rape makes me want to puke. I see much of what’s going on in these ambiguous situations as simply an agenda to destroy men encouraged by the feminazis.

Now of course, I know some will come along and accuse me of supporting rapists, which is not the case. If it’s genuine rape, I have no mercy. I just object to the situations where a man’s life is ruined because of false accusations and that seems to happening all too frequently.

That being said, guys could exercise better judgment that hopping in the sack with any female that comes along. If he doesn’t do it, he may still be accused, but there will be no evidence to condemn him, and he is still innocence until proven guilty. Right? Right?


33 posted on 06/15/2007 7:57:39 AM PDT by metmom (Welfare was never meant to be a career choice.)
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To: metmom
That being said, guys could exercise better judgment that hopping in the sack with any female that comes along. If he doesn’t do it, he may still be accused, but there will be no evidence to condemn him, and he is still innocence until proven guilty. Right? Right?

Guys ought to use better judgment. But all too often these days there are girls who are getting guys in trouble for saying they were raped or touched. They wait weeks even months until there is no DNA to prove it. The courts seem to take the girl's word over the guys more & more. I really don't know why.... I've been reading up on how NJ's child sex crimes was on a downward swing before they put Megan's Law into effect. They say its costing millions to have it , which I really don't understand. I read about it in the Asbury Park Press a few weeks ago. I was baffled.

With four sons, 3 of who live home & are 25,24 & 20 as soon as a new girl walks in the door I am like the police. I ask her age, where she lives , what date she was born etc. My sons get mad at me but its my house & my rules. If they don't like it they can move out. I don't even let them drink at home & if they do drink they can't let their little sister see them. I just won't have it.

I plan on avoiding the mistakes I made with my oldest daughter if I can. I want my little one to have a childhood free from as much ugliness as I can. I am too over protective so I am told but the world has gotten uglier then it was when my older ones were growing up. I didn't worry then about letting them play outside alone etc. Having my daughter at 41 yrs old was the shock & surprise of my life. I feel bad when her friends at our campground are allowed to roam all over & she isn't but I would rather her be safe then hurt. I just don't understand how some parents can let a 7 yr old go down to the river & swim by themselves. Maybe its me but I am taking no chances.

34 posted on 06/15/2007 8:18:40 AM PDT by pandoraou812 ( zero tolerance to the will of Allah ...... dilligaf? with an efg.....)
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To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

ping


35 posted on 06/15/2007 9:09:30 AM PDT by gubamyster
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To: DogByte6RER

That sort of motion is often needed to bind future cases and to prevent opening old ones.

Criminal lawyers are nothing more than well-dressed garbage collectors.


36 posted on 06/15/2007 9:27:18 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: <1/1,000,000th%
Lots of Americans don't speak English these days

You're kidding, right?

They may be in America, but that don't make them Americans.

37 posted on 06/15/2007 10:17:32 AM PDT by Regulator
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To: Regulator

I live in the People’s Democratic Republic of Illinois, north of Chicago.

My neighbors are US citizens and don’t speak English.

They are not unique.


38 posted on 06/15/2007 10:27:16 AM PDT by <1/1,000,000th%
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To: Calpernia

Bump.

Is my knife sharp enough for surgery?


39 posted on 06/15/2007 6:21:23 PM PDT by nw_arizona_granny (When God spoke to the world, were you listening?)
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To: Ping-Pong

If I were the police in these cases I dont know how I’d resist the temptation to shoot shovel and shutup. Except that shoot would be way to quick for this monster.


40 posted on 06/15/2007 9:15:28 PM PDT by oakcon (Dulce et Decorum est pro Patria mori)
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To: oakcon
If I were the police in these cases I dont know how I’d resist the temptation to shoot shovel and shutup. Except that shoot would be way to quick for this monster.

Shoot, Shovel and Shutup - I've never heard that expression before. It's a good one.

The sad thing is that today it would have to be quick or he would be out of jail in 3 or 4 years. You know, violins playing, tears streaming - poor, poor man was so mistreated when he was growing up that we have to understand and give him another chance.

So, even if it's quick it's best to send him to God so he can use that ticket he purchased when he harmed that baby. The train's waiting and he has a lot of fellow passengers........

41 posted on 06/16/2007 4:28:33 AM PDT by Ping-Pong
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To: DogByte6RER
The judge is an idiot. Personally, I think people who endanger children by being an accessory to a pedophile's crimes should face the same punishment. That should serve to cure them of their twisted thinking.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

42 posted on 06/16/2007 4:33:30 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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