Friendly Neighborhood Vote Wrangler <f...
>On Thu, 4 Oct 2012 19:12:56 -0700 (PDT), "Usenet Legends bobandcarole
>>Statutory rape charges
>Has McCoy's case gone to trial yet? If not, I am unable to accept
The trial was over about 2 1/2 years ago.
Actually, closer to 2 3/4 years now.
Judge-only; no jury.
The judge hasn't made a ruling yet.
The indication begins to look like he never will.
By LAW, and all rulings of the Supreme-Court, he can't find me guilty.
By HOW HE FEELS, I suspect he can't find me innocent.
So, by NOT ruling on the case, he keeps me forever in Limbo; subject
to "pretrial release" rules; which are almost identical to Parole
rules. And, if I even accidentally *break* any of those rules, I can
be treated as if I were a convicted criminal; and held in jail until a
verdict *is* rendered.
Giving a REAL verdict, guilty OR innocent would be a lose-lose
situation for the judge; as no matter *which* way he ruled, he would
be attacked by one side or the other. AND, if he ruled "guilty", then
likely the verdict would be overturned on any of about 20 legal
precedences or previous rulings by higher courts.
On the other hand: NOT ruling is a win-win situation for the judge.
Nobody can say he goofed an obvious case; he keeps me under
restrictive rules (specifically *forbidding* me from posting
sex-stories) just as if he'd ruled "guilty" without actually doing-so.
As my lawyer(s) pointed-out: There are rules guaranteeing a speedy
TRIAL. There are *NO* rules guaranteeing a speedy VERDICT; especially
so on things involving legal issues instead of, "Did-he or did-he-not
do said action?"
Actually, the SCOTUS itself often takes several years after hearing a
particular case to make a final ruling and judgement. So there's
argument for this particular judge to be extra-careful in his ruling
and how he justifies it ... and to take half-of-forever to do so, if
There's NO argument about whether-or-not I posted said sex-stories.
Both sides have agreed to THAT. The argument is *purely* on whether
posting stories like mine is LEGAL or not.
WE say such posting is legal under the First Amendment; and also by at
least three legs of the four-legged-stool the Supreme Court set as
standard for judging "obscene material" under said amendment.
They're Literature, Art, Social Commentary, and Political Propaganda;
ALL things protected under "The Miller Test" as set forth by the
Supreme Court. WE presented expert testimony to most of the above.
The prosecution presented NO evidence to the contrary, other than that
THEY personally (and therefore the citizens of Georgia) felt the
material was "obscene", obviously-so, and should thus be prohibited
from being posted throughout the USA; and me convicted.
The Supreme Court however, has ruled multiple times that such
objections are NOT reason enough to keep even "filthy pictures" from
being disseminated and sold; let alone pure TEXT like my stories are;
which they've said several times get far greater protection as both
freedom of SPEECH and freedom of the PRESS. IOW: Saying VERY
unpopular things is *protected* speech and writing.
"Child Pornography", on the other hand, consisting of very REAL
pictures of very REAL "innocent children" CAN be suppressed and
banned; because of the *possible* damage to those same children. Even
*some* damage to *some* children is enough for the court to rule
against such dissemination. There, the damage is considered to be
REAL, and not speculative because the children being photographed are
real. That argument just doesn't work, even against
computer-generated pictures of non-real children; though the Justice
Department and lawmakers on Capitol-Hill keep trying to change that.
How much MORE so would it not work against fictional "children" whose
only existence is in a mere STORY or someone's mind?
Next we would be punishing mere un-appropriate thinking.
(Yeah, I know: the word is "inappropriate". Didn't quite fit.)
But then ... THAT has been tried before too!
But by NOT giving a verdict, the judge it seems can punish me just
about as severely as he would if/when finding me guilty ... and yet
*without* ever having to worry about the verdict being overturned by a
Oh yes: Both we AND the prosecution DO have a possible way around this
stalemate: We COULD petition a higher-court to pressure the judge into
"doing his job" of producing a verdict.
OTOH, if we or they DID, wouldn't the judge's most likely response be,
"You WANT a verdict? HERE is a verdict!!! and rule AGAINST whichever
side forced his hand.
Well, that's how *I* think it would go; and so does my lawyer.
Maybe though ... I'm beginning to think I *should* "shake the legal
tree" and get the judge to rule; even if it forces him to say
"guilty". THEN, we could go immediately to appeal; where it's almost
certain such a verdict would be overturned ... from previous rulings
by the same judiciary.
Maybe ... But maybe not, too.
Geesh ... Do I ramble on when my chain is pulled ... or what?
The soapbox is empty.
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