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San Jose man faces life sentence for attacking man suspected of molesting his stepdaughter
http://www.mercurynews.com ^ | 07/16/2011 | By Tracey Kaplan

Posted on 07/17/2011 8:18:11 PM PDT by Maelstorm

A San Jose man is facing a maximum of life in prison for something many fathers would be tempted to do -- badly beating a Thanksgiving weekend houseguest who molested his 8-year-old stepdaughter.

Surely the suspected molester, who has confessed to the sexual attack and even apologized to the child, is in worse trouble than the stepfather?

Actually, the stepfather is facing the possibility of spending more time behind bars -- perhaps his entire life.

The stiff penalty the stepfather faces for his allegedly violent reaction to what many would consider extreme provocation has lawyers debating whether he deserves leniency.

Nationwide, penalties for other fathers in high-profile cases who have beaten up -- or even killed -- men they believed molested their children range from 12 years in prison to mere probation.

The controversial Santa Clara County case follows a similar incident on the verge of trial here -- the revenge beating of a priest by a man who says the cleric molested him when he was a child.

Without condoning vigilantism, defense attorneys and some legal scholars contend the girl's stepfather deserves to be treated far more leniently -- especially because if he had killed the houseguest in a rage, the most he could get under California's perplexing sentencing scheme would be 11 years. The attack came after the 8-year-old woke up her mother at about 2 a.m., saying the family's friend had duct-taped her mouth and sexually abused her.

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


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KEYWORDS: molest; moralabsolutes
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Here is the way the title of this piece should read.

"San Jose man faces life sentence for attacking man who admits molesting his 8 year old stepdaughter"

It is unbelievable. The guy admits to duct taping the little 8 year old girls mouth shut and then molesting her. Now the father faces more time than the admitted molester.

1 posted on 07/17/2011 8:18:23 PM PDT by Maelstorm
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To: Maelstorm

The father should be set free. The molester should be castrated. The prosecuting attorneys going after the father should face disbarment.


2 posted on 07/17/2011 8:22:30 PM PDT by bcsco
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To: Maelstorm

Prosecutors only care about one thing: Getting a conviction. Truth, morality or righteousness be damned.


3 posted on 07/17/2011 8:23:34 PM PDT by buccaneer81 (ECOMCON)
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To: Maelstorm

There hasn’t been a trial yet. Good luck in trying to get a conviction.


4 posted on 07/17/2011 8:23:37 PM PDT by SeaHawkFan
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To: Maelstorm

This ‘civilization’ is too decadent to survive much longer.


5 posted on 07/17/2011 8:24:47 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: bcsco

I’m surprised the father isn’t being charged with a hate crime. Don’t worry it will happen. Will Nancy Grace care about this case? *crickets* This man is a hero and he is going to be put through hell just to satisfy an arrogant son of a bitch progressive Democrat DA Jeff Rosen.

You can let the bastard know how you feel on his facebook page.

http://www.facebook.com/pages/Jeff-Rosen-For-District-Attorney/191322004178


6 posted on 07/17/2011 8:25:48 PM PDT by Maelstorm (Better to keep your enemy in your sights than in your camp expecting him to guard your back.)
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To: Maelstorm

When is the DA up for reelection? Charges shouldn’t have even been filed.

Jury Nullification.


7 posted on 07/17/2011 8:26:00 PM PDT by Salvavida (The restoration of the U.S.A. starts with filling the pews at every Bible-believing church.)
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To: Maelstorm
The US is turning into the UK bassackwards justice. Pathetic.
8 posted on 07/17/2011 8:26:44 PM PDT by Apercu ("Obama is graffiti on the wall of American History")
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To: buccaneer81

Prosecutors only care about one thing: Getting a conviction. Truth, morality or righteousness be damned.

*******************************

True with some, not with all. If the prosecutor has political aspirations, this assertion is true more often than not.


9 posted on 07/17/2011 8:27:18 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: Maelstorm

Please Lord, put me on that jury.


10 posted on 07/17/2011 8:28:14 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Maelstorm

Apologizing for raping a little girl is a meaningless “apology” (which probably was given only to get sympathy from the judicial system). The girl’s life is changed forever.


11 posted on 07/17/2011 8:31:39 PM PDT by Aria ( "If we ever forget that we're one nation under God, then we will be a nation gone under.")
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To: Aria

Last I heard, God could forgive anything. If one asks.


12 posted on 07/17/2011 8:35:14 PM PDT by Soothesayer9
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To: Maelstorm

..........no, here is the way it should read: A mobile jury, all professionals, a judge, prosecutor and defense lawyer arrived on the scene, listened to the evidence and recommended death by firing squad. Minutes later, a professional execution team arrived on scene and carried out the sentence. A city garbage truck arrived and picked up the body.

The father was issued a mayoral citation for doing exactly what a father should do.


13 posted on 07/17/2011 8:40:38 PM PDT by Cen-Tejas (it's the debt bomb stupid!)
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To: Maelstorm
Judging by the comments on the article, Rosen is going to have a tough jury, and probably a tough reelection campaign.
14 posted on 07/17/2011 8:42:03 PM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
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To: Psalm 144
Photobucket
15 posted on 07/17/2011 8:42:31 PM PDT by baddog 219
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To: Maelstorm

If the two guys had time to drive the molester out to a ranch to beat him, they had more than enough time to call the cops.

If the Dad woulda beat his ass right when he heard about it, I’d be totally on his side. He didn’t, so he is guilty of what he is charged with.

Does he deserve life in prison, no, but he deserves more than 2 years. We are either a nation of laws or we aren’t.


16 posted on 07/17/2011 8:42:48 PM PDT by Sporke (USS-Iowa BB-61)
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To: Maelstorm

Seriously,If I did not make a Invalid or worse out of a pedophile that harmed my Kid,I could NOT live with myself!


17 posted on 07/17/2011 8:44:41 PM PDT by Cheetahcat ( November 4 2008 ,A date that will live in Infamy.)
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To: Maelstorm
They guy would be a dead man.Stealing the innocence of a child buys you a trip straight to hell.
18 posted on 07/17/2011 8:48:46 PM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: Maelstorm

Hold on a second. Had the stepfather and his brother just beaten the hell out of the molester as soon as they caught him, or even killed him, it is one thing, but they in effect kidnapped him, took him to a ranch, and tortured him.

Even murder is distinguished between first degree, which is a planned and executed murder; and second degree, done in the heat of anger.

Some states now have a death penalty for some child molesters, yet even there, it is a function of the state, with considerable slack for heat of anger defenses. But even they would say that citizens cannot “keep” a molester for a length of time while torturing them.


19 posted on 07/17/2011 8:50:37 PM PDT by yefragetuwrabrumuy
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To: bcsco

Had the father used a knife instead of his fists, his act would at least have resulted in a more permanent solution


20 posted on 07/17/2011 8:50:47 PM PDT by bigbob
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