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Attorney: Suspects knew rape victim was 11
San Antonio Express-News ^ | 3/12/2011

Posted on 03/12/2011 9:53:11 AM PST by Altura Ct.

Attorney James Evans, hired to defend some of the 18 suspects accused of gang-raping an 11-year-old girl in the East Texas town of Cleveland, said on a radio talk show that those participating were “absolutely” aware of the girl’s age.

Evans couldn’t be reached Friday for comment about his remarks to Gil Gross, who hosts a talk show on KGO in the San Francisco Bay Area.

But on the recorded broadcast Thursday, Gross asked Evans: “But what is going to be your defense for your clients for having sex with an 11-year-old girl? Who many of them knew. ... to be in middle school. So there was no doubt about her age?”

To which, Evans answered, “Absolutely not. There was no doubt about her age.”

He went onto say that some of the suspects were young and that he hadn’t completed his investigation, but he admitted it would be “very difficult to come up with a defense.”

Supporters of the defendants have contended the girl appeared much older than her years. Community activist Quanell X even went so far as to show reporters a scantily clad photo of her posted on Facebook.

Daphne Straughter, the grandmother of one the suspects, attended Quanell’s rally Thursday. She said, “You can’t tell she’s a girl. What are these boys supposed to do, ask for an ID?”

But many others are outraged by Quanell or anyone else talking about the sixth-grader’s appearance as an excuse to blame the victim for the November gang rape that onlookers documented on video with their cell phones. Texas law clearly states that ignorance of her age is no excuse and that an underage girl can’t legally give any consent.

Criminal defense attorney Mark Bennett in Houston said he was shocked by Evans’ remarks. While mistaking the girl for being older than her years isn’t a legal defense, Bennett said sometimes a jury would “nullify,” or go against the letter of the law, if they don’t think it’s fair.

Also, he said if the defendants were found guilty, thinking the girl was older might have helped them get lighter sentences. “But going on record that the defendants knew for certain that she was 11 just grossly aggravates the case,” he said.

Liberty County’s district clerk lists Evans as representing four of the defendants. Stephen Taylor, the only other attorney representing the suspects who could be reached, declined comment on the interview.

He noted that everyone might soon be silenced in the criminal case, as the prosecutors have filed a motion for a gag order that’s slated for a hearing Tuesday.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; US: Texas
KEYWORDS: blacks; holderspeople; holderspeopleagain; rape; texas; wheresjesseandal
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1 posted on 03/12/2011 9:53:13 AM PST by Altura Ct.
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To: Altura Ct.

Worst defense attorney ever ... though I’m not complaining.


2 posted on 03/12/2011 9:57:29 AM PST by TXConservative25
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To: Altura Ct.

Shed blood.


3 posted on 03/12/2011 9:58:03 AM PST by the invisib1e hand (Every knife in my back pushes me forward.)
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To: Altura Ct.

Gang rape thug punk pukes should be castrated. Just their heritage coming out in them. Just their environment. Just because they are who da daddy be scum they should get a pass......my ass. I am sure that Quinine Ten will be comin to dey rescue.


4 posted on 03/12/2011 9:58:34 AM PST by shankbear (Al-Qaeda grew while Monica blew)
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To: Altura Ct.

“... very difficult to come up with a defense”.

Gee, ya think?! I am surprised that their attorney actually came out and said they knew her age and a defense was difficult. I am trying to imagine this child testifying in detail as to what happened to her in a courtroom. I hope she is a strong little girl... sounds like she is going to have to be. Just a thought.


5 posted on 03/12/2011 9:59:37 AM PST by momtothree
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To: Altura Ct.

Execute each and every one of the perps.


6 posted on 03/12/2011 10:00:03 AM PST by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: Altura Ct.

OK uh...

1. They were poor

2. They were just, “wilding”

3. Everybody does it

4. It’s ok if they see it on TV

5. They had Urban Stress Disorder


7 posted on 03/12/2011 10:00:41 AM PST by gaijin
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To: TXConservative25
And the Lionel Huts award for Exemplarly Legal Incompetence goes to.....
8 posted on 03/12/2011 10:02:03 AM PST by allmendream (Tea Party did not send the GOP to D.C. to negotiate the terms of our surrender to socialism.)
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To: Altura Ct.
Community activist Quanell X even went so far as to show reporters a scantily clad photo of her posted on Facebook.

I have been reading about this and saw the following posted elsewhere:

RE: Quannell Ralph Evans ak Quannell X aka Quannell X Abdul Farrakhan

He has had two paternity suits against him in the past involving the Texas Attorney General and women he had kids with.

Harris County Civil:

Rashaun Porter, 1996 paternity suit.

Brenna Fergusen, 2003 paternity suit.

Harris County Criminal. Arrests:

Case # 099078301010 - Fleeing Aluding Police

Case # 052665501010 -Drug - Del cocaine less than 28G crack

Case # 052665401010 -Drug - Poss cocaine LT 28G - Non-Crack

This Quannell X guy has been running around Houston for years. He is another "community activist". He has fancy suits and cars but it is unknown how he makes a living. Local radio talk host, Michael Berry (a great guy) has Mr. X on his talk show every once in awhile. He did so on Friday and Mr. X said that the KKK was involved in going after the black kids that rapes this girl.

Why Berry and others give this guy a platform to spew his hate is beyond me...

9 posted on 03/12/2011 10:03:14 AM PST by isthisnickcool (Sharia? No thanks.)
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To: momtothree

There’s no way this case ever gets to a jury. The sentencing ranges on these crimes are so wide and there are enough people involved in various degrees of criminal culpability that the lesser involved will testify against the more culpable and the dominoes will fall.


10 posted on 03/12/2011 10:03:32 AM PST by bigeasy_70118
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To: momtothree

I’m guessing it’s part of the strategy so that later on, the case can be challenged and tossed?


11 posted on 03/12/2011 10:04:19 AM PST by IllumiNaughtyByNature (3(0|\|0/\/\1($ 101: (4P174L1$/\/\ R3QU1r3$ (4P174L. Could it be any more simple?)
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Comment #12 Removed by Moderator

To: Altura Ct.
Supporters of the defendants have contended the girl appeared much older than her years. Community activist Quanell X even went so far as to show reporters a scantily clad photo of her posted on Facebook.

quanell x (he doesn't deserve caps in his name) is without any doubt a muslim, either the bastardized breed known as a "black muslim," or the pure evil strain. In a different country he would have called for her stoning.

13 posted on 03/12/2011 10:05:11 AM PST by RobinOfKingston (An election is not a (national) suicide pact.)
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To: Altura Ct.
"Community activist Quanell X even went so far as to show reporters a scantily clad photo of her posted on Facebook."

So gang rape is ok if the victim looks older than she actually is?

Way to keep it classy, Quannell.

14 posted on 03/12/2011 10:06:00 AM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: bigeasy_70118

Do you think there will be plea bargaining BIG TIME?! I wonder if they will use the under 18 kids to flip on the older ones?


15 posted on 03/12/2011 10:07:21 AM PST by momtothree
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To: isthisnickcool

“Community activist” Quanell X needs a date with a rope and a tree.


16 posted on 03/12/2011 10:07:38 AM PST by Noumenon ("We should forgive our enemies, but not before they are hanged.")
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To: Altura Ct.

He won’t need to come up with a defense. Holder looks after his people.


17 posted on 03/12/2011 10:08:12 AM PST by Hardraade (I want gigaton warheads now!!)
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To: Altura Ct.

USSCJ Ruth Bader Ginsburg once wrote a paper advocating the age of consent for sex between a minor and an adult be lowered to age 11.

So Ruth hasn’t a problem with this.


18 posted on 03/12/2011 10:09:41 AM PST by stockpirate (Underemployment, surged in February to 19.9%)
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To: Altura Ct.

Yer honor, I swear she didn’t look a day under 13!


19 posted on 03/12/2011 10:09:53 AM PST by null and void (We are now in day 780 of our national holiday from reality. - tic. tic. tic. It's almost 3 AM)
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To: momtothree
Do you think there will be plea bargaining BIG TIME?! I wonder if they will use the under 18 kids to flip on the older ones?

The first to squeal gets the deal.

20 posted on 03/12/2011 10:10:45 AM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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