Posted on 08/25/2007 5:06:12 PM PDT by Tolerance Sucks Rocks
Former "blogging pedophile" Jack McClellan has been released from jail, following his arrest last week for violating a restraining order in California. His release follows the prediction of observers in law enforcement, child advocacy, and the judicial system who think it will be difficult to take effective or even constitutional steps against McClellan to protect children.
The 45-year-old self-professed pedophile was arrested August 13 for violating a three-year restraining order that required him to stay 30 feet away from all children. He was being held in jail with a $150,000 bail bond. But according to Associated Press, he was released Tuesday by prosecutors on the technicality of insufficient notice.
Alliance Defense Fund attorney Pat Trueman, a former FBI child exploitation crimes prosecutor, says problem factors included the fact that McClellan had committed no crime and has no permanent home. Therefore the California Superior Court judge issued the early August order based on statements in his former blog, despite the absence of normal probable cause evidence that can be found in a home search or due to illegal activity involving children.
"I doubt in the long run that they'll be able to do much with him because of that," the attorney explains. "What you really need is something more that would indicate he is in fact a criminal -- and that you have enough evidence to get a conviction on him and send him to jail."
Trueman believes that "merely writing on some blog you are of a certain sexual persuasion" is likely protected by the First Amendment. "[But] if you cross a line and indicate that you have molested children, or that you are molesting a child now or collecting," he continues, "that is what gives cause for a search warrant, which is just the initial stage of the investigation."
McClellan is scheduled for a hearing today on a temporary restraining order that prevents him from coming within 10 yards of children in the California city of Santa Clarita. But Trueman believes only an action constituting a crime will allow state and local authorities to do much more legally than to just monitor McClellan.
Hard to believe that our laws are so impotent to deal with somebody who is an obvious threat.
His next step is undoubtedly to say that he is not a pedophile at all, that he just wanted to see how everyone reacted, and then sue everyone.
a perv on Martha’s Vineyard got a steel pipe to the head, he’s alive but wont be bothering anyone again.
“Attorney says stopping pedophile will be tricky”
Of course it will, leftists, including leftist judges, don’t see anything wrong with pedophilia.
I expect someone with a short temper is going to resort to an “extra-legal” solution to this problem (a la Dahmer).
Thank the ACLU for that.
good grief....everyone wants to have this idiots’ head and he hasn’t done a thing illegally. This fool sounds to me like Mark Carr the Jon Benet kook and I think he is just an attention seeker and probably harmless. I certainly don’t see how a judge can issue a restraining order against him when he hasn’t molested any more children than you or I have.....and I haven’t molested any!!!
You threaten my wife or kids, I don't care what you "haven't" done. You will be bleeding and reconsidering your words! Free speech has consequences.
Got witness here. You just call 911 to clean up the mess
What is that thing?
Got a link to that?
no sorry. i used to live there. it’s just a story the locals know about and they dont want any publicity.
Never seen one, but I suspect it would prety well inhibit tumescence. Yikes!
“Attorney says stopping pedophile will be tricky”
Not if you have good aim.
“everyone wants to have this idiots’ head and he hasn’t done a thing illegally.”
I understand your point but since when does legality have anything to do with it? It’s not illegal to cheat on your girlfriend. I don’t recommend it, though. She might “want your head”. ;)
Some of societies rules are not made into law yet we still strictly adhere to them, like cheating on your girl/boyfriend. Sure, people do cheat but nobody feels sorry for the cheater when something bad happens to him as a result. It is not a stretch for some folks to expect some sort of punishment on those who break them.
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