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Steubenville Convicted Rapist Will Appeal Because His 'Brain Isn't Fully Developed'
TBI ^ | 3-19-2013 | Alexander Abad-Santos, The Atlantic Wire

Posted on 03/19/2013 1:20:36 PM PDT by blam

Steubenville Convicted Rapist Will Appeal Because His 'Brain Isn't Fully Developed'

Alexander Abad-Santos, The Atlantic Wire
March 19,2013

Since his defense strategy, claiming that a 16-year-old rape victim wasn't "so" drunk, has failed, the lawyer for one of the two Steubenville football players convicted of rape plans to appeal a guilty verdict, and is now claiming that the 16-year-old rapist's brain wasn't "developed" enough and his client should not have to be on a sex offenders list for life.

Walter Madison, the attorney for Ma'lik Richmond, went on Piers Morgan Tonight on Tuesday, explaining why he would appeal Sunday's verdict by 37-year juvenile court judge Thomas Lipps, and especially his sentencing of Richmond to at least one year in a rehabilitation center and the requirement to register as a sex offender. You can watch the video below, but here's the key "logic" from Madison:

I don't believe that a person at 75 years old should have to explain for something they did at 16 when scientific evidence would support your brain isn't fully developed ... when evidence in the case would suggest that you were under the influence.

[...]

"We have the right to appeal and that is a right we will be exercising," said Walter Madison, Richmond's attorney.

To review: Madison is arguing that a 16-year-old's brain is not fully functional enough to determine whether raping an unconscious girl is a bad decision. This comes after Madison made news during his last media tour, when he insisted before last week's rape trial that the Jane Doe victim's silence and unconsciousness amounted to consent. He said before the trial that the girl "made a decision to excessively drink... and leave with the boys," and that an Instagram photo of the girl being dragged by the

(snip)

(Excerpt) Read more at businessinsider.com ...


TOPICS: News/Current Events
KEYWORDS: brain; football; rape; rapist; steubenville
Click to the site to see the video...unbelieveable.

Next: My client was just to stupid to know better?

1 posted on 03/19/2013 1:20:36 PM PDT by blam
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To: blam

with qualification like that (brain not developed) and experience screwing people,
he has a VERY promising career in politics ahead of him!


2 posted on 03/19/2013 1:24:30 PM PDT by faithhopecharity (()
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To: blam

His ‘Brain Isn’t Fully Developed’


Neither is Obama’s but that fool was elected twice


3 posted on 03/19/2013 1:24:43 PM PDT by Sarah Barracuda
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To: blam

They still know right and wrong, regardless of whether the brain is fully developed, or not.

You don’t need a fully developed adult brain (and not all adults have fully developed brains btw) to understand the damn Golden Rule.

This is just assinine, and what I believe is that every shyster lawyer who uses this defense ought to be executed on the spot. And then his family fined $100,000 for wasting the courts’ time and providing crap legal counsel to his client.


4 posted on 03/19/2013 1:24:57 PM PDT by Secret Agent Man (I can neither confirm or deny that; even if I could, I couldn't - it's classified.)
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To: blam

Amazing...

What’s next? “Your honor, everybody knows that when these colored boys get heated up, it’s Katy bar the door...”


5 posted on 03/19/2013 1:25:01 PM PDT by Tijeras_Slim
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To: blam

Wow. So his defense is:

“I’m sorry I did that, but I am not able to discern what I should or shouldn’t do at this point in my life so it’s not my fault. Can I go home now?”


6 posted on 03/19/2013 1:25:28 PM PDT by Noamie
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To: blam

Society has long conceded this point *to the extent that juveniles are handled differently than adults*. Like it or don’t like it a 15 year old is not handled the same as a 25 year old by the criminal justice system.

Having said that - the perp has already *had* that benefit - so in my view there is nothing more to be gained. They were tried as juveniles, sentenced as juveniles and all was done in accordance with how things of this sort are generally handled.

In other words - nice try but thanks for playing.


7 posted on 03/19/2013 1:28:59 PM PDT by 2 Kool 2 Be 4-Gotten
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To: blam
Lovely. Lets see Candy Crowley take up this angle of the story - the black kid's brain isn't fully developed but the white kid's is.

Lay all their progressive cards on the table.

8 posted on 03/19/2013 1:29:50 PM PDT by skeeter
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Comment #9 Removed by Moderator

To: blam

According to Whoopi Goldberg, this isn’t really rape-rape. Just because a young girl, a minor, is chemically impaired doesn’t make it “rape rape”. Even if you resist and must be orally/anally sodomized.

The Obama administration let Polanski walk. The Democrats’ war on women continues.

“What difference does it make” - HRC


10 posted on 03/19/2013 1:34:20 PM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: Tijeras_Slim

Animals in nature commit rape. It’s as natural as homosexuality. < /sex positive thinking >


11 posted on 03/19/2013 1:35:51 PM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: blam

Brain or no brain he sure did know how to rape. Is that activity tied to brain development?


12 posted on 03/19/2013 1:36:13 PM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: a fool in paradise

under the sex positive agenda, rape is good -

after all, sex occurring is morally superior to sex not occurring.


13 posted on 03/19/2013 1:37:25 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: blam
Can we throw out both the trial and the decision to try him as a juvenile? The good news, Ma'lik, is that now you only have to tell your neighbors about your sex offense for forty years. The bad news is that they share a cell block with you for that forty years.
14 posted on 03/19/2013 1:38:12 PM PDT by KarlInOhio (Choose one: the yellow and black flag of the Tea Party or the white flag of the Republican Party.)
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To: blam

The little bastards ought to be doing 25 years. Oh, and BTW, his brain will never be “fully developed”.


15 posted on 03/19/2013 1:39:04 PM PDT by Bullish (A genuine President wouldn't allow the Obama's on the White House grounds)
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To: a fool in paradise
Animals in nature commit rape. It’s as natural as homosexuality. < /sex positive thinking >

"You and me, baby, ain't nothin' but mammals, / So let's do it like they do it on the Discovery Channel"

16 posted on 03/19/2013 1:39:17 PM PDT by dfwgator
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To: MrB

They won’t come out openly in favor of rape but rape fantasy is not discouraged. And adult minor “mentorship” is amorally acceptable to them as well.


17 posted on 03/19/2013 1:39:54 PM PDT by a fool in paradise (America 2013 - STUCK ON STUPID)
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To: KarlInOhio

Too bad he can’t share a cell with Jerry Sandusky.


18 posted on 03/19/2013 1:40:36 PM PDT by dfwgator
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To: blam
Give him 25 years in prison. Plenty of time for his brain to "develop". Obviously his brain is incapable of being free to move about in civil society. He needs to be confined to prevent additional harm to society from his "undeveloped" brain. It's not a defense. It's an excuse for a defense attorney shooting blanks.
19 posted on 03/19/2013 2:03:23 PM PDT by Myrddin
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To: blam

Some people with brains not fully developed grow up to be rapists, and others grow up to be Obama’s Vice President...


20 posted on 03/19/2013 2:03:41 PM PDT by wny
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To: blam

who pays for the attorney? I’d like to know.


21 posted on 03/19/2013 2:14:40 PM PDT by roofgoat
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To: blam

So - for the ‘boys’; guess we move ‘drinking age’; driving age; Military Service age; up to ‘forty’? Though, that still leaves some of the boys; just still; being ‘boys’; no? At least; if they are raised as Liberals.


22 posted on 03/19/2013 2:31:11 PM PDT by cricket (Push Back Lib Agenda's; Lib propaganda; Lib/Marxist PC; Lib Leaderhship)
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To: 2 Kool 2 Be 4-Gotten

What I’d like to see is that as you finish the ninth grade...they bring you into a room and announce that you are now considered an adult and can be charged with adult crimes. Bring a court expert in and lay out the potential charges, and the length of time for each for a state-related offense. They deserve to know just how bad things can get.


23 posted on 03/19/2013 2:37:36 PM PDT by pepsionice
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To: faithhopecharity

Well, since he claiming his brain is not fully developed, probably from a Public School Indoctrination, he should be able to to sue Barack Obama for his loses !!!


24 posted on 03/19/2013 2:38:05 PM PDT by fedupjohn (America...Designed by Geniuses...Now inhabited by Idiots..Palin 2016...)
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To: blam

wow. If he is mature enough for the left to hand them condoms and say have at it, then he is mature enough to be responsible for his actions.


25 posted on 03/19/2013 2:46:45 PM PDT by GeronL (http://asspos.blogspot.com)
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To: blam
Madison is arguing that a 16-year-old's brain is not fully functional enough to determine whether raping an unconscious girl is a bad decision.

And there you have the "psycho-babble" definition of "Really Horny"

26 posted on 03/19/2013 2:55:25 PM PDT by Mopp4
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To: blam

Bailiff, whack his pee pee.


27 posted on 03/19/2013 3:03:57 PM PDT by VRW Conspirator (Sometimes it takes calamity to lead to serenity - FReeper RacerX1128)
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To: VRW Conspirator

“I plead insanity”...

“Insanity?...

“That’s right insanity, I’m just crazy about that stuff”


28 posted on 03/19/2013 3:06:28 PM PDT by dfwgator
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To: blam

By the time this nightmare is over these RAPISTS will be demanding a cabinet seat in the Obama Administration.


29 posted on 03/19/2013 3:06:52 PM PDT by BobL (Look up "CSCOPE" if you want to see something really scary)
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To: GeronL

Has the girl apologized to the rapists yet?

//sarcasm


30 posted on 03/19/2013 3:15:14 PM PDT by GeronL (http://asspos.blogspot.com)
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To: Secret Agent Man
They still know right and wrong, regardless of whether the brain is fully developed, or not.

I don't agree with you on that. I don't know that this jerk of a kid had even been taught right from wrong [I'd suspect not, but that would be racist]. Nonetheless, that does not or should not spare him from punishment.

That may be the only way he does learn.

31 posted on 03/19/2013 3:32:57 PM PDT by BfloGuy (The final outcome of the credit expansion is general impoverishment. -Ludwig von Mises)
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To: 2 Kool 2 Be 4-Gotten

Indeed...this was handled through the juvenile courts system. This farcical line of reason on the part of the convicted is laughable.

These two chuckleheads should count themselves extraordinarily fortunate they weren’t tried as adults. Were I the prosecutor, I certainly would have.


32 posted on 03/19/2013 3:35:06 PM PDT by AnAmericanAbroad (It's all bread and circuses for the future prey of the Morlocks.)
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To: blam
Find. We can solve that problem.


33 posted on 03/19/2013 3:35:12 PM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
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To: blam

I would limit the “sex offender registering” stigma to maybe 10 years. Making it a life time thing is ridiculous. Boys like sex,.... is that a crime now?


34 posted on 03/19/2013 3:36:41 PM PDT by Reagan‹berAlles
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To: blam
Madison is arguing that a 16-year-old's brain is not fully functional enough to determine whether raping an unconscious girl is a bad decision.

Had he been using THAT brain instead of the fully developed "little head brain", he wouldn't have gotten in trouble.

35 posted on 03/19/2013 3:37:25 PM PDT by N. Theknow (Kennedys=Can't drive, can't ski, can't fly, can't skipper a boat, but they know what's best for you.)
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To: Reagan√úberAlles; Springfield Reformer
I would limit the “sex offender registering” stigma to maybe 10 years. Making it a life time thing is ridiculous. Boys like sex,.... is that a crime now?

Sex without consent is a crime. I suspect it has long been that way in the United States. It might not be where you're from, but that's not what we're discussing here. For your edification (courtesy of Springfield Reformer): Competency is an important legal concept and these exact scenarios are a familiar topic in crim law. Tort too. Bottom line, its about consent. If a person can’t or won’t give consent, for any reason, its rape. Drugs and alcohol are well known to impair judgement, and without capacity for ordinary good judgment, you can’t assign consent. This is true even if the impairment is just being a little too young. You can have a fully aware person who actually wants to participate, but the law will deem their judgment impaired by their youth, making consent a legal impossibility. Statutory rape. So this is why the defense was trying to find some point on the drunkenness spectrum where he could claim she was not yet impaired. He needed that to get consent. Apparently that strategy was unsuccessful.


36 posted on 03/19/2013 3:56:05 PM PDT by definitelynotaliberal
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If anyone is interested the following link takes you to the Weirton Daily Times and their articles on the trial. Weirton, West Virginia is where the victim is from.

Weirton Daily Times.com


37 posted on 03/19/2013 3:57:28 PM PDT by deport
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To: Reagan√úberAlles

You know, I have seen you making these absurd comments on a few threads about this rape case. Yes, boys like sex. They (and girls) are biologically programmed to reproduce and sexual feelings are enhanced by our responses to stimuli.

However, what these guys did isn’t merely “having sex”. They sexually assaulted someone who was unable to defend herself or scream for help or in any other way keep these animals from doing this to her.

If this is how “sex” is to you, I would suggest that you are mentally ill. I do think that you are actually the kind of liberal who goes on conservative sites and pretends to be extreme in the hopes that someone agrees with you, and you can then point and laugh at the Neanderthals.

Sex, not a crime. Rape, definitely a crime.


38 posted on 03/19/2013 4:04:28 PM PDT by Rutabega (If you don't want me in your personal affairs, don't stick your hand out for my help.)
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To: blam

I’ve got news for his lawyer. That kids brain will never be fully developed.

95% of his Brothers voted for Obama, not one of them had a well developed brain.Including Stepenfetchit Colon Powell.Bush’s errand boy.


39 posted on 03/19/2013 4:22:22 PM PDT by Venturer
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To: Tijeras_Slim

Holdin on to it all the time, same a seein a sagpants brutha’s butt crack will keep em heated up too.


40 posted on 03/19/2013 5:07:31 PM PDT by X-spurt (Republic of Texas, Come and Take It!)
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To: blam

I seem to remember Bill Cosby doing a routine about football and Brain damage. He might be better off using that defense.


41 posted on 03/20/2013 6:39:25 PM PDT by verga (A nation divided by Zero!)
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To: faithhopecharity

‘brain not developed’

My question is...Which brain?


42 posted on 03/20/2013 6:42:15 PM PDT by Delta Dawn
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