Posted on 09/28/2007 7:17:13 AM PDT by Watershed
When "Dateline NBC" aired its first "To Catch a Predator" segment in 2004, it made for sensational television.
Program host Chris Hansen on camera confronted grown men who had been lured to a house by the prospect of sex with children.
The first two segments in New York and the northern Virginia/Washington, D.C., area nabbed a firefighter, a rabbi and a teacher.
For the third installment, Perverted-Justice.com, the Internet watchdog group that collaborated with "Dateline" on the "Predator" stings, asked that law enforcement be added to the mix and suggested the Riverside County Sheriff's Department, which had worked with the group previously.
The addition of law enforcement added a powerful element to an already dramatic scenario: Men who arrived for what they believed was a rendezvous with a minor were arrested by deputies and charged with crimes including attempted child molestation.
Over three days in January 2006, 51 men, ranging in age from 66 to 19 and from throughout Southern California, were arrested at a Mira Loma home. They included a high school teacher and a Department of Homeland Security agent.
But cases that initially seemed like slam-dunk convictions -- the men were seen on camera crying, pleading or even confessing -- have yielded uneven results both in Riverside County and other Predator sting locations.
And the show, which has broadcast 11 Predator segments, has come under fire in the form of a multimillion-dollar lawsuit filed by the sister of a Texas assistant district attorney who shot himself as police officers stormed his home during the now-notorious sting in Murphy, Texas, in November 2006.
'Unholy Alliance'
Law-enforcement experts say the partnership among Dateline, police agencies and Perverted-Justice.com, a civilian group whose volunteers pose as young boys and girls in online chat rooms and wait to be contacted by adult men, raises serious questions about investigative techniques, evidence gathering and police autonomy.
"It's an unholy alliance," said Tom Nolan, a Boston University associate professor and former Boston police officer who uses the Predator segments as the basis of discussions in his criminal justice classes.
"I have an issue with private citizens engaging in these kinds of investigatory practices," Nolan said, referring to Perverted Justice.
Attorney Michael Molfetta, whose client Christopher Urban was convicted in August, said he had no problem with law enforcement casting a wide net to reel in people who use the Internet to prey on children.
"I'm a father. I like law enforcement being aggressive," Molfetta said. "But there are right and smart ways of doing things that were violated when you brought in Perverted Justice and Dateline."
Riverside County sheriff's Chief Deputy Randy Throne said he could not respond to criticisms of the department's participation in the January 2006 operation because the issue might be raised in cases headed to trial.
But in the days following the sting, then-Sheriff Bob Doyle said the department agreed to participate because the national exposure would send a "strong message to these dirtbags to stop preying on kids."
Linda Dunn, a chief deputy district attorney in Riverside County, said the outcomes so far -- 19 men have entered guilty pleas and a 20th has been convicted -- prove the strength of the Riverside cases.
"We have more cases set for trial and we certainly intend to move forward on them and we expect convictions," Dunn said.
Case Ends in Deadlock
In the first Riverside Predator case to go to trial in mid-August, a Riverside County Superior Court judge threw out the case against U.S. Marine William Lawrence Havey after a jury deadlocked 10-2 in favor of acquittal.
Judge Dallas Holmes was harsh in assessing the merits of the case against Havey, saying, "I don't like the smell of this case."
He was equally blunt in sizing up the Perverted Justice witnesses who testified, calling them "odd," "weird" and "repulsive."
Havey, a 24-year-old Iraq war veteran, had been charged with a single count of attempted lewd and lascivious act with a child under the age of 14. He declined to comment through his attorney Court Will.
Will said his client never believed the "girl" he was chatting with online -- in actuality a Perverted Justice volunteer -- was 13 years old because he was in a chat room for people 18 years old and older.
When Havey arrived at the Mira Loma house, he was arrested before he even made it inside.
Will said that based on his investigation, the attitude at the scene seemed to be that anyone who showed up at the decoy house was already guilty.
"No further inquiry was needed," Will said. "I don't think that's fair. I don't think it's justice."
Questions
In Texas, Collin County District Attorney John Roach has declined to file charges against any of the men arrested in the Murphy sting, citing concerns about venue, the lack of arrest warrants and questions about the accuracy of evidence, including the Internet chat logs.
"We're not confident that the transcripts of the Internet chats between the defendant and the Perverted Justice decoy are accurate or complete," Roach said in a telephone interview.
Roach said the location of the Perverted Justice volunteers and the men who made contact with them also is in question. In order to file charges, at least one party had to be in Collin County when the online solicitation, the crime being alleged, occurred, Roach said.
"The civilians were running this operation in Texas and that is fundamentally wrong," Roach said. "They don't have the same interest that law enforcement has."
Similar questions about the Perverted Justice's methods and chat log accuracy are being raised in a preliminary hearing under way in Riverside County Superior Court in Indio involving a Perverted Justice sting for the Fox television show "Cops."
Former Palm Springs news anchor Jim Philbrick, 44, is accused of attempting to commit lewd acts with a child under 14, based on his online conversations with a Perverted Justice volunteer in a gay chat room.
In an e-mail response to questions, Perverted Justice said chats are recorded in three file formats, one of them encrypted so that they cannot be tampered with.
Attorney Michael Garner, who is representing a man arrested in a July 2006 sting in Harris County, Ga., challenged video of Hansen interviewing Reymundo Anguiano, arguing that Hansen was acting as an agent of law enforcement and should have advised Anguiano of his rights before the interview.
"The judge ruled against us. He said my client was not in custody," Garner said in a telephone interview. "We'll appeal it."
Outcomes
Defense attorneys in the Riverside cases headed to trial have raised other concerns.
At a Sept. 21 pretrial hearing in Riverside County Superior Court, attorney Ronald Richards sought to have the attempted child molestation charge against his client Spencer Cho dismissed because he was arrested while sitting in his car and had not made a move to enter the decoy house.
"The sting was never set up to get people in their cars," Richards said.
Judge Jean P. Leonard denied Richards' motion to dismiss, saying there was probable cause for his arrest.
Dunn, the chief deputy district attorney, said her office was "somewhat taken aback" at Holmes' comments in the Havey case.
"We thought the case was strong; that's why we went to trial on it," she said.
She noted that a second Predator trial, also in August and also using testimony from Perverted Justice witnesses, resulted in the conviction of Rancho Cucamonga resident Christopher Urban. He faces a maximum of four years in state prison when he is sentenced in October.
In that case, jurors voted to convict Urban of one count of attempted lewd and lascivious act with a child under the age of 14 and deadlocked on a second count.
Dunn said she thought the outcome of the Havey trial had more to do with jurors' unwillingness to convict a Marine than with negative perceptions of the Perverted Justice witnesses.
Nolan, the Boston University professor, said serious issues are raised when police agencies partner with nonprofessionals on operations, not the least of which is that law enforcement has specific guidelines, rules and policies they must abide by in investigations.
"Perverted Justice, even though they are in fact acting as agents of law enforcement, are not abiding by the policies," Nolan said. "This is vigilantism. It's sensational vigilantism."
Riverside Justice
Of the 51 men arrested during the three-day "Dateline NBC: To Catch a Predator" sting in January 2006 in Riverside County, 19 men have pleaded guilty and have received sentences of varying lengths.
Robert Lyons, 50: Pleaded guilty to three felonies, including attempted sodomy with a child under 14 years old, received five years in state prison.
Miguel Sosa, 36: Pleaded guilty to an attempted lewd act with a child under 14 years old; received 180 days in county jail.
Mitchell Rhodes Heylek, 25: Pleaded guilty to an attempted lewd act with a child under 14 years old, received 240 days in county jail, to be served on weekends.
William Havey, 24: Case dismissed after a jury deadlocked 10-2 for acquittal on a single count of an attempted lewd act with a child under 14 years old.
Christopher Urban, 28: Convicted of a single count of an attempted
When ever you hold anyone accountable, you will always be the bad guy, the pervert is the victim.
” “I have an issue with private citizens engaging in these kinds of investigatory practices,” Nolan said, referring to Perverted Justice. “
Yeah, let the government do it, since they do such a good job, right? BS. This is one of the few things the media has done lately that’s worth a darn.
And yes, based on the chat logs, anyone what shows up to the decoy house is guilty.
I hope sister of the Texas assistant District Attorney wins her lawsuit.
It’s tough to feel sorry for the people that get caught in these shows, because of the content of some of their chats with those who claim to be minor boys and girls, especially when the person later shows up at the address given in the chat.
But there is a right way and a wrong way to find and stop sexual predators, and this strange alliance of shock TV, internet vigilantes, and local law enforcement is the wrong way, for several reasons.
Louis William "Bill" Conradt, Jr. was a district attorney in Texas.
"..On Wednesday, September 5, 2007, Dateline aired the results of the forensic report on Conradt's computer. According to the report, Conradt's "CDs, laptop computers and cell phone all contained pornographic material -- some included child pornography." [1].."
He was guilty as hell and offed himself rather than face the music.
AND....there will always be an ambulance-chaser to represent the "victim" in a multi-million-dollar lawsuit to be funded by TAXPAYERS !
“And yes, based on the chat logs, anyone what shows up to the decoy house is guilty.”
yes, but if the logs are incomplete, what if the beginning is setting up the ‘make believe’ fantasy that follows...?
Wrong... The "alleged" pervert is the victim.
Just because a person makes a charge against you doesn't mean you are guilty. We do have a judicial system. If you don't like the rulings of all the liberal judges that we've been getting then elect conservatives that will appoint conservative judges that will sentence those convicted to life in prison or death by drawing and quartering them (which I am all for by the way); but don't allow some media hack to be judge jury and executioner of those they set up and entrap.
Of course law enforcement likes Dateline and Perverted-Justice.com. Those two organizations and any others like them are allowed to do for law enforcement what is illegal for law enforcement to do.
Child molesters and rapists are the scum of the earth. The worst type of criminal that exists but that doesn't give anyone the right to make false allegations (and until they are proven in a court of law they ARE false if the accused is to be presumed innocent until proven guilty.)
Honestly folks. I hate shows like Cops and Dateline. I can't believe that people sit there night after night and watch people being beaten by the police, having their reputations trashed and pretty much all of their constitutional rights stomped on and no one says anything. What are they trying to do? Convince us that law enforcement really does "protect and serve?" Yes, they serve but they cannot do squat in the area of protection. Until a crime is committed law-enforcement is required to stand by and let things happen. Which I am sure is the reason they have no problems with Dateline (and shows like it) and Perverted-Justice.com framing people for crimes they have not yet committed.
Catch the criminals in the act or after the act then convict them and execute them. Don't destroy the lives of innocents simply because a person professes to be a victim. Tom Delay and Rush Limbaugh are prefect examples of people being ruined or their reputations being tarnished by false allegations and an over zealous media trying to justify their jobs.
JMHO
I’m all for getting these creeps off the street, but the DATELINE stuff is just jerry springer crap. If the interest is justice, you don’t come out from behind the door with a microphone and start asking questions.
Basically the justice system is pretty much proving what is commonly known... TV and the MEDIA have ZERO interest in justice, just their own perverted ratings.
Its only going to be a matter of time before the schmuck reporter comes out from behind the door and winds up discovering hte guy they’ve targeted is carrying a gun and plugs the anchor and himself while their little voyuer cameras roll.
NBC has been playing with fire with these segments from day one, and its going to continue to burn people.
I agree with your sentiment, but a guilty verdict in a court of law does not mean the allegations against you are true any more than a not guilty verdict means they are false.
There are lot of free people roaming around where the allegations against them are/were 100% true. Ditto the other way.
Public pressure keeps people from doing a lot of stupid things. Not embarrassing my parents is always in the back of my mind.
You have to admit that at least each had their day in court before some hack in the media trashed their reputations.
Yes, but he was guilty of chatting with an adult that he thought was a minor. He didn't show up at the sting house. So AFAIK, he is guilty only of engaging in a sick chat. That isn't illegal.
I know the distinction doesn't make a huge difference in his sliminess, but when the news crews and swat team arrived at his house, he didn't know it wasn't a minor he was chatting with. He might not have offed himself if the police and news crews had handled it differently.
“”I have an issue with private citizens engaging in these kinds of investigatory practices,” Nolan said, referring to Perverted Justice. “
Because it makes his department look bad, that’s why. Why aren’t they out getting these perps off the streets?
These people are ‘caught in the act’ way before they even enter the home. Soliciting a 12 year old for sex is illegal, even on the Internet. These men aren’t lured into it, they make the first contact with the ‘kid’, they’re the ones that bring up sex acts and describe in some detail just what they would like to do to this 12 or 13 year old child, they send nude pics of themselves to someone they believe is a 6th grader. They talk about bringing pot and beer and condoms, they are found with those items along with duct tape and sex toys in their cars. Then they show up with the expectation that mom and dad will be gone and they’re going to have sex with this kid.
It’s not entrapment. The men, the perpetrators, make all the first moves, from the moment they go to an IM with the ‘kid’ to the talk about sex. They initiate it all, not the Perverted Justice workers. Go to the PJ website sometime and read transcripts from their IMs. Talk about anal rape, sex with animals...it’ll make you sick.
And the guy who shot himself? Good. Save us the money of a trial and supporting his rear end in prison for 20 years. He wanted to have sex with a kid and he had child pornography on his computer. He was no innocent.
“All they need to do is accuse you on national tv of doing a despicable act and your whole life is ruined.”
People have the right to record and play real-world events, including these. If you don’t want to be shown on television trying to visit the home of a 13 year old girl/boy for sex, try not showing up to the house or posting such predations on the Internet.
That’s the problem with this country: No one wants to be held accountable for their actions. Even when someone is found guilty in court they want to go on televsion and claim they were framed.
Act responsibly and you won’t have a problem.
Forgot to add, these men KNOW it’s a kid they’re talking to. From the very beginning, in every conversation the ‘child’ reveals their ‘age’. They know this girl is 12 or 14. Then they go on to ask questions about the ‘girl’s’ sexual development. They seem to have a real interest in how big this 12 year old’s breasts are, if she has pubic hair, if she has sex and ‘can you send me a pic?’
They know all right. Because when they get to the house and Hansen asks them ‘What made you think it was ok to come to a house where a 12 year old was home alone?’ they all say they knew it wasn’t right, they would be upset if it was their daughter/sister/niece and they don’t know what they were thinking, never done anything like this before...yada yada. Then they say they weren’t going to do anything, they just wanted to be her friend and hang out. Yeah...ok.
“All they need to do is accuse you on national tv of doing a despicable act and your whole life is ruined.”
They don’t accuse. The perverts take the bait of sex with a child and willingly enter the house.
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