the transcript is .. pretty damning.arthurthedentedOctober 8 2009, 15:23:05 UTC
its pretty heinous non-consensual non-safe icky icky sex... if the victim sticks to the testimony she gave... all those years ago.
Its conceivable that social pressure, the maneuvering of the prosecutor or fear of her parents reaconst or other things *altered* the testimony she would have given at that time... but I'm guessing that not true at the grisly part at the end where shes crying and asking to go home and hes still not stopping, and goes again.
(for what its worth.. which is practically nothing.. she does seem to be covering her own behavior/reluctant to provide detail earlier in her testimony where theyre talking about how she got there..she admits having had sex and drugs and alcohol before.. psecond guessing I'd say more that she admits here.. she consented to go with him on multiple occasions ,was given the phone to talk to her parents and asked if she wanted them to come get her and said no... well after the advances had started..and I'm guessing she was a lot more bold and flirtatious before ... things got very very real and out of her control. Also ..didnt look like a little girl.. could have guessed her age in the twenties.. though thats from a black and white photo... none of which (including her and her parents poor judgment) excuses how this all ended..if the testimony stands and is in fact the reason why *statutory* rape is also a crime separate from rape...she shouldnt have had to make and fail those judgment calls yet (no telling if shed do better at 18 either.. but that would still leave one crime) and he seems to have done both.
and if there wasnt a statute of limitations.. what he'd have to be afraid of is not just statutory rape (which can be, but in this case isnt a victimless crime) or Rape..plain old alchohol and drugs date rape... but child pornography charges. he was taking nude pictures of her after all. and if he was *charged* with that and still needs to be sentenced.. thats pretty much the end of him. The 'plea bargain' nature of american (in)justice may have caused him to NOT contest the prosecutions version of events.. and so far this is all SOLELY *her* story of how events unfolded.. he might disagree.. or she might even change testimony.. but none of that is going to roll back the child pornography charge if it has or can be made.
As to his flight.. presumably, unless hes an idiot (also possible) he fled because he didnt trust the US legal system to deliver proportional or reasonable punishment for the crime regardless of whatever plea bargain or promise was made. Yup.. I could see that, especially if his version of events is substantially different than hers and his lawyer said 'just shut up.. you cant win.. this is the best I can do for you is to cop a plea'.
SO.. if his story doesnt differ from hers.. a fugitive has been brought to justice. finis.
if his story DOES differ from hers.. or if the older more mature woman less susceptible to pressure changes her testimony ..sigh.. then she gets dragged through this again. either way I cant think thats shes thanking the US attorney in this just now.
Not sure how the chronology of the murder of his wife and the Manson madness fits into this ... cant see *how* that could be a mitigating factor... but its not like his life had been.. without sorrows or troubles before this..or what justice is really served this late (A qualm I sometimes have when they drag some antique Nazi from a life hed built elsewhere and lived for half a century).. but thats philosophy of redemption vs the practical needs of a deterrent punishment system.. which is another story.
Its conceivable that social pressure, the maneuvering of the prosecutor or fear of her parents reaconst or other things *altered* the testimony she would have given at that time... but I'm guessing that not true at the grisly part at the end where shes crying and asking to go home and hes still not stopping, and goes again.
(for what its worth.. which is practically nothing.. she does seem to be covering her own behavior/reluctant to provide detail earlier in her testimony where theyre talking about how she got there..she admits having had sex and drugs and alcohol before.. psecond guessing I'd say more that she admits here.. she consented to go with him on multiple occasions ,was given the phone to talk to her parents and asked if she wanted them to come get her and said no... well after the advances had started..and I'm guessing she was a lot more bold and flirtatious before ... things got very very real and out of her control. Also ..didnt look like a little girl.. could have guessed her age in the twenties.. though thats from a black and white photo... none of which (including her and her parents poor judgment) excuses how this all ended..if the testimony stands and is in fact the reason why *statutory* rape is also a crime separate from rape...she shouldnt have had to make and fail those judgment calls yet (no telling if shed do better at 18 either.. but that would still leave one crime) and he seems to have done both.
and if there wasnt a statute of limitations.. what he'd have to be afraid of is not just statutory rape (which can be, but in this case isnt a victimless crime) or Rape..plain old alchohol and drugs date rape... but child pornography charges. he was taking nude pictures of her after all. and if he was *charged* with that and still needs to be sentenced.. thats pretty much the end of him. The 'plea bargain' nature of american (in)justice may have caused him to NOT contest the prosecutions version of events.. and so far this is all SOLELY *her* story of how events unfolded.. he might disagree.. or she might even change testimony.. but none of that is going to roll back the child pornography charge if it has or can be made.
As to his flight.. presumably, unless hes an idiot (also possible) he fled because he didnt trust the US legal system to deliver proportional or reasonable punishment for the crime regardless of whatever plea bargain or promise was made. Yup.. I could see that, especially if his version of events is substantially different than hers and his lawyer said 'just shut up.. you cant win.. this is the best I can do for you is to cop a plea'.
SO.. if his story doesnt differ from hers.. a fugitive has been brought to justice. finis.
if his story DOES differ from hers.. or if the older more mature woman less susceptible to pressure changes her testimony ..sigh.. then she gets dragged through this again. either way I cant think thats shes thanking the US attorney in this just now.
Not sure how the chronology of the murder of his wife and the Manson madness fits into this ... cant see *how* that could be a mitigating factor... but its not like his life had been.. without sorrows or troubles before this..or what justice is really served this late (A qualm I sometimes have when they drag some antique Nazi from a life hed built elsewhere and lived for half a century).. but thats philosophy of redemption vs the practical needs of a deterrent punishment system.. which is another story.
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