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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 ...


TOPICS:
KEYWORDS: molest; moralabsolutes
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To: Maelstorm

He should have said he was asking for a cigarette like the bum in Chicago.

He only got a few weeks probation.

The woman he attacked woke up with 64 stitches in her head and lost the use of one leg.


21 posted on 07/17/2011 8:53:54 PM PDT by <1/1,000,000th%
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To: baddog 219

Yes.


22 posted on 07/17/2011 8:57:05 PM PDT by Psalm 144 (Voodoo Republicans: Don't read their lips - watch their hands.)
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To: Sporke

Bullcrap.I wouldnt care if they drove the scumbag all the way to newyork and then beat him to death.Not guilty.We stopped being a nation of laws when the libs took over the criminal justice system giving the scumbags more rights than the victum.


23 posted on 07/17/2011 8:58:07 PM PDT by HANG THE EXPENSE (Life is tough.It's tougher when you're stupid.)
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To: Soothesayer9; Aria; Sporke; yefragetuwrabrumuy

true, God can forgive anything.
and only he is the Judge of sincerity, not us.
but, it also says something about for those hurting little ones, it would be better if they were never born.
some people will be punished a lot more and longer,
than we can...
so i’m content to trust God’s justice.
either you believe in him, or you don’t.

(and Sporke seems to be very fair-minded, and went to look at all the facts. but i still would consider letting the Father go free.
Even if the Father thought about it first, i don’t blame him, especially when prison isn’t near enough of a punishment for that.
but most of all,
taking the little girls Father away now,
even for 2 years, hurts HER.)


24 posted on 07/17/2011 9:04:00 PM PDT by Elendur (the hope and change i need: Sarah / Colonel West in 2012)
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To: Maelstorm
This man needs a JURY TRIAL.

Not guilty or eternal hung juries will result.

Then again, some judge could say that his MOTIVE, revenge for the molestation of his 8yr old daughter, is inadmissible and cannot even be mentioned at trial.

The way around that is for the defense to call the man as a witness in his own defense and ask him: Why did you beat the shit out of that man, and why didn't you kill him?

Defendant: He raped my 8yr old daughter and I tried to kill him. Next time I'll use a gun.

25 posted on 07/17/2011 9:04:28 PM PDT by Mariner (War Criminal #18)
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To: SeaHawkFan

Assuming there isn’t a plea or offer to the jury of a lesser chanrge and if all the info is admitted as evidence, you could see jury nullification as the out. That should be played up in the media by the stepfather’s attorney so that at least one person gets on the jury knowing they can disregard instructions and the letter of the law and find him innocent or only convict him of some misdemeanor.


26 posted on 07/17/2011 9:07:05 PM PDT by UnbelievingScumOnTheOtherSide (REPEAL WASHINGTON! -- Islam Delenda Est! -- I Want Constantinople Back. -- Rumble thee forth.)
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To: Sporke
"He didn’t, so he is guilty of what he is charged with."

Bullsh!t.

I call that a justifiable ass whooping.

That he is still alive is the most amazing part of the story.

27 posted on 07/17/2011 9:07:11 PM PDT by Mariner (War Criminal #18)
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To: Maelstorm
The prosecutor should be tarred and feathered.

Now, we all now live in a National Gulag, where the legal types torment us like little boys pulling the wings off flies.

Try to deal with the out-of-control legal system as it should be dealt with, and an army of LEOs will come down on you like a ton of bricks.

28 posted on 07/17/2011 9:08:14 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Soothesayer9

that’s up to God - but for me...any “apology’ has no meaning.


29 posted on 07/17/2011 9:10:28 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: Mariner
The malicious prosecutors will make sure the jury doesn't hear word one about WHY he did it.

We're at the tipping point.

30 posted on 07/17/2011 9:11:22 PM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Cheetahcat; Psalm 144

if the Father is sent to jail, who will explain to her,
that it’s because of what was done to her?
it would make her recovery much harder and more traumatic.
...i’m sure the Democrat prosecutor will consider that.


31 posted on 07/17/2011 9:13:50 PM PDT by Elendur (the hope and change i need: Sarah / Colonel West in 2012)
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To: Maelstorm

That step father is a hero in my eyes and shouldn’t spend a day in jail. I was molested as a child of 4 by a relative. It only happened one time, I told my mother after. And thank God she believed me. But, that’s all it took to do some real damage. Took me years about 35 or so to be exact, to finally stop blaming myself for not stopping it. Kids know it’s wrong too. This was back in the 50’s not like today. Kids back then knew nothing about that kind of stuff. I just remembered being in a kind of shock and removing myself from the situation in my mind. Pretending it wasn’t happening.


32 posted on 07/17/2011 9:14:44 PM PDT by MsLady (Be the kind of woman that when you get up in the morning, the devil says, "Oh crap, she's UP !!")
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To: Maelstorm

Not Guilty!


33 posted on 07/17/2011 9:15:14 PM PDT by Titus-Maximus (Light from Light)
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To: Maelstorm

This is what happens when you corrupt the Rule of Law. There is no Just Law.

Then, you have to take the law into your own hands to get any justice since the courts don’t mete it out. The good get punished and the bad get to laugh, in this case.

This reminds me of that California woman who took a gun and blew the head off a convicted child molester who sodomized her 6 year old boy who was forced to testify about it in court—6 years old???? talk about sodomy??? How sick are these judges who think sodomy is fine?????

Our “legal” system is a joke —it has abandoned all the principles that designed it including a speedy trial by jury.

http://www.oprah.com/oprahshow/Why-Ellie-Nesler-Killed-Her-Sons-Molester-Video

The judges that let this pederast go for molesting boys should be the one guilty of the murder. It is because of his unjust irrational actions that let this loser prey on other boys. Such a SICK system. I would have shot the guy also.

For too many of our judges seem to embrace Sodomy. HMMMM, I wonder why? They seem like they are trying to reassemble Ancient Greek customs.

They think Sodomy is a right. Our Founders thought not....Where and Why did logic change? It didn’t—logic and reason are abandoned and replaced by Marixst ideology which is incompatible to the Constitution. It destroys the whole premise of “Just Law” which is based on God’s standards of Right and Wrong—not man’s. This inversion of our legal system to grow “rights’ out of the absurd,is designed to destroy our Constitution and Freedoms. This thinking is unconstitutional and defies Natural Law.


34 posted on 07/17/2011 9:15:34 PM PDT by savagesusie (Virtue is a habit of the mind, consistent with nature and moderation and reason. Cicero)
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To: Soothesayer9; Aria

That’s why God is God.

I’m not and I don’t forgive that bastard.

Vendome’s version of a just and proper punishment:

I would have chained his hands and legs, then pulled him up four flights of metal fire escape stairs, feet first.

Then I would have kicked him in the family jewels just enough to cause a stomach ache every 15 minutes for 8 hours.

After that I would push him out a window letting him fall four stories into a pile of razor wire 5 rolls high and 5 rolls wide.

He could lay in the pile of razor wire for two days in the desert sun and then I would release a flock of crows and 1 gallon of scarabs right next to him.

But that’s just me.


35 posted on 07/17/2011 9:22:15 PM PDT by Vendome ("Don't take life so seriously... You'll never live through it anyway")
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To: HANG THE EXPENSE

Ok, since we’re no longer a nation of laws, then the molester should go free too.

When you ignore one set of laws, you open the door to ignore the rest....


36 posted on 07/17/2011 9:22:59 PM PDT by Sporke (USS-Iowa BB-61)
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To: Soothesayer9

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

Can God also repair the little girl’s memory, mind and body parts so that the assault never happened?

Last I heard, the answer was negative.


37 posted on 07/17/2011 9:25:16 PM PDT by Rembrandt (.. AND the donkey you rode in on.)
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To: Maelstorm

http://www.amazon.com/Time-Kill-John-Grisham/dp/0440211727

Let’s hope for a jury with some common sense and balls.


38 posted on 07/17/2011 9:28:24 PM PDT by Sherman Logan
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To: Mariner

“I call that a justifiable ass whooping.”

As do I. My only problem with what the father did was that he waited. I may well be wrong in the opinion I stated earlier. For ME it depends on how long after he heard what happened, to the time he commenced to beating that guys butt. Either they didn’t mention how long he waited, or I missed it.

If he stewed for an hour or so, then took the dude on the field trip, then so be it. But if he heard the news, then spent the next day or two, or longer, planning his course of action, then he needs to spend a few years behind bars.

I don’t expect anyone to agree with me, but that is what I think.


39 posted on 07/17/2011 9:32:29 PM PDT by Sporke (USS-Iowa BB-61)
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To: Maelstorm

They should of cut off his junk, since he likes to stick it in innocent little girl’s mouths. I might suggest doing it in a wild place miles from a road, and let God decide if the guy could make it walking to the highway before blood loss killed him. If the dad is going to do the time and pay the price, he should of made it so the scum won’t rape any other children.


40 posted on 07/17/2011 9:39:49 PM PDT by dog breath
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