And, good to see you l-j and hope you are feeling better.
Posted on 07/05/2006 6:24:18 PM PDT by DBeers
A man sent to prison for allegedly molesting a 16-year-old Whitefish High School student in May 2004 may get a new trial now that the Montana Supreme Court has voided his sentence.
Wilbur Eskill Rytky, 32, came to Montana in February 2004, one month after he was released from custody in Maine after being convicted of molesting two children there.
Maine authorities contacted Whitefish Police about Rytky's criminal history, and local police quickly put the word out where Rytky was residing in Whitefish.
A registered violent sexual offender, Rytky soon became acquainted with the 16-year-old student while working at a fast-food restaurant in town.
On May 18, 2004, according to court records, Rytky allegedly offered the young man a ride home from work, but Rytky drove past the victim's home and headed north on U.S. Highway 93, stopping past the Stillwater Bar, where he molested the young man. Rytky then drove the young man home.
The next day, the victim informed the school resource officer of the incident. He told the officer that he was afraid to resist Rytky while in the car for fear he would be assaulted.
Rytky was arrested and charged with felony deviate sexual conduct, with a maximum sentence of 10 years in prison.
Rytky's defense attorney, Mark Sullivan, filed a motion to dismiss the charge, claiming the statute outlawing deviate sexual conduct violated Rytky's equal protection rights because it made sexual contact between people of the same sex illegal.
"Clearly this statute is intended to treat those who engage in homosexual acts differently than those who engage in heterosexual conduct," Sullivan said.
Sullivan argued that if the victim did not consent to the sexual contact, then the correct charge would be sexual assault, a misdemeanor. He requested that the alleged victim corroborate that he did not consent to the sexual conduct.
Before District Court Judge Ted Lympus ruled on Sullivan's motion, however, Rytky entered into a plea agreement stating that he would not be designated a persistent felon and that the maximum sentence would be five years.
During the change of plea hearing, Sullivan and Flathead County Attorney Ed Corrigan also agreed that Rytky could appeal his constitutional equal protection issue if Lympus sentenced him to more than five years.
Lympus accepted Rytky's guilty plea but later sentenced him to the maximum 10 years and ordered that he not be eligible for parole until he had completed all phases of the state prison's sexual offender treatment program.
The Supreme Court ruled June 20 that because Lympus had not ruled on Rytky's equal protection issue, his conditional plea of guilty was invalid "since the state was not authorized to consent to it and the district court was not authorized to approve it."
"It is important to correct this situation, thereby hopefully preventing it from arising again," the court said.
With the plea agreement no longer in effect, Corrigan could now ask for a harsher sentence.
Rytky's defense attorney, Mark Sullivan, filed a motion to dismiss the charge, claiming the statute outlawing deviate sexual conduct violated Rytky's equal protection rights because it made sexual contact between people of the same sex illegal.
"Clearly this statute is intended to treat those who engage in homosexual acts differently than those who engage in heterosexual conduct," Sullivan said.
Yet another consequence of the activist Lawrence decision... The disordered activity given a free pass under the "privacy between two consenting adults" construed penumbra now applies to rape of children...
Hopefully the prosecutor will be able to send this disordered deviant to prison for much longer now...
I hope they lock away that sick bastard for life.
Horrible. This kind of crimes is a vivid illustration of why molesting children needs the death penalty.
I figure the dumb cops who arrested him should have charged him instead with sexual battery on a minor, and this nonsense could have been avoided...
Yep you sure nailed it. The is NO curing the rabid no matter if they walk on 4 legs or 2.
CORRECTION should NOT be a misdemeanor.
You are absolutely correct. I have felt this way for years to the HORROR of most I have expressed this opinion to.
I once worked in a state prison system while I was between real jobs. I could not believe it when I learned that the way child molesters were deemed "rehabilitated" was when electrodes and pressure cuffs were attached to various parts of their "anatomy" and they were shown images of kiddy porn. Those who could resist the impulse to become aroused were considered "cured" and were released. Shades of "A Clockwork Orange" or what? Thank you American Psychiatric Association.
It was at that point that I realized there was no difference between the jailers and the jailed.
Child molesters molest children who in turn grow up to be child molesters who molest childres who in turn... execute them and the circle is broken. Try it. It WILL work!
cops don't charge they only arrest. Charging is done by the city/district attorney
And, good to see you l-j and hope you are feeling better.
Thanks - some weird virus which activated my arthritis for some days, and I chose today to give up caffeine. Might as well do all the suffering at once.
:-)
Just get yourself a homo judge and you are no longer a criminal. It is called the new millennium justice.
Let me suggest that the magnitude of perversion is far greater when a person is homosexualized. Let me go out on a limb here, but, when I was a teenager, I recall fantasies about a beautiful teacher or two. I was not alone with the fantasy, as many of the other guys had the same thought about our young, sexy biology teacher. I know it was sinful and I regret having the thoughts, but that was the truth of the time.
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