Posted on 06/24/2008 6:57:49 PM PDT by LdSentinal
Democratic Representative James Fagan was in the Massachusetts State House yesterday railing against Jessica’s Law, which would mandate 20-year sentence for rape of a child under 12. As a defense attorney he took offense to the idea that someone convicted or raping a young child should have a mandatory sentence imposed on them, arguing it would force him to attack the little girl in order to defend his client:
“Let me tell you why it’s so wrong, It’s so wrong because in these situations . . . that 6-year-old is going to sit in front of me, or somebody far worse than me and I’m going to rip them apart. I’m going to make sure that the rest of their life is ruined. That when they’re 8 years old they throw up; when they’re 12 years old, they won’t sleep. When they’re 19 years old they’ll have nightmares and they’ll never have a relationship with anybody. And that’s not because I’m a nice guy. That’s because when you’re in court, and you’re defending somebody’s liberty, and you’re facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.”
In essence, he argues that the only way to prevent him from “ruining” her life, is by offering leniency to the child rapist in the hopes he does not attack another young girl.
Defense attorney.
Sometimes, I just don’t know what to say....
Dare I say it? Nuff Said!
And I thought that a child molester was a monster. This man is a monster’s monster.
Massachusetts has the government it deserves, the one it elected.
A remarkably stupid argument. I will agree that attacking the victim’s credibility is the only possible defense when it is agreed that sexual contact occurred between the accused and an adult female “victim” and the only question is whether that contact was consensual or forced.
This is not really the case with a child under the age of 12. Consent is not an issue, so if there is any physical evidence sexual contact occurred, the credibility of the victim as to what happened is more or less irrelevant.
Also, if this attorney does not realize that viciously attacking an 8 year old child is a strategy quite likely to backfire, he’s even more of an idiot than he sounds like here. Juries don’t like that kind of thing.
I would be willing to bet that it’s less healthy for the victim to leave the facts of the assault swept under the rug.
Sometimes I’m tempted to think that some people in our society practice evil simply for its own sake. Such is the case with this miserable attorney.
sick
Sounds to me like he enjoys his work. This a**hole thinks 20 years for the rape of a child is "draconian". This bastard is sicker than than the rapists he defends.
Dems have generally gotten pretty good at coming up with creative rationale to defend their positions. This dude however has jumped the shark.
PROFESSION: Attorney.
ORGANIZATIONS: Massachusetts Academy of Trial Lawyers; Taunton Boys & Girls Club (Board of Directors); Taunton Little League; Taunton Youth Basketball Coach; Massachusetts Bar Foundation; Massachusetts Waterfowlers, Inc.; Babe Ruth League; High School Umpire; Bristol Ducks Unlimited; Southeastern New England Area Boys' Clubs of America (past Chairman).
Well, Counselor, I’ll tell ya. There’s this little thing called abuse of a witness and there’s this other little thing called contempt of court. Oh, and jail. Did I mention jail?
Just put a bullet into his head and be done with all the drama.
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