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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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To: gaijin

Cleveland, Texas ain’t urban. It is about 50 miles north of Houston. Population is 7600. The rest of your presumptions are OK.


41 posted on 03/12/2011 11:39:42 AM PST by crusty old prospector
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To: Altura Ct.

Animals need to be put down


42 posted on 03/12/2011 11:46:16 AM PST by paddles ("The more corrupt the state, the more it legislates." Tacitus)
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To: Hardraade
He won’t need to come up with a defense. Holder looks after his people.

It's documented herewithin:

Holder reveals underlying racism in DOJ treatment of Black Panther case

……Coates gave testimony before the same commission indicating that the Justice Department had a different attitude toward civil rights violations against black Americans than it did toward violations against white Americans.

43 posted on 03/12/2011 11:47:03 AM PST by MamaDearest
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To: guerito1

I think I’ll do both, and it’s only 0943 here!

RIH perps.


44 posted on 03/12/2011 11:50:09 AM PST by BigIsleGal (Wake Me Up When the Stupid Wears Off)
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They look a lot like the average ThugReport.com picture. The face of urban crime in America.

45 posted on 03/12/2011 11:50:44 AM PST by Jack Black ( Whatever is left of American patriotism is now identical with counter-revolution.)
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To: guerito1
"Wonder how they would feel if the roles of victim and perps were reversed: 11 year-old “black” girl raped by 28 “hispanic” males."

Wonder no more! Remember "Crystal Gale Mangum" stripper delux, claiming rape by the Duke University lacrosse team.

46 posted on 03/12/2011 11:52:06 AM PST by Dacus943
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To: Attention Surplus Disorder

So if she was 17 or 18 the gang rape would have been OK?


47 posted on 03/12/2011 12:01:41 PM PST by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Altura Ct.
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.

He's hoping for an OJ verdict. If he gets one, then many of the people who hear about it (the MSM won't report a word) from that point on will likewise decline to convict for any perceived act of retribution or self defense, no matter how disproportionate.

48 posted on 03/12/2011 12:15:18 PM PST by PapaBear3625 ("It is only when we've lost everything, that we are free to do anything" -- Fight Club)
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To: TXConservative25
Worst defense attorney ever ... though I’m not complaining.

Perhaps he's an ethical person and will give the best honest defense he can without lying - knowing that there is video of the rape and that the rapists have probably made multiple incriminating statements, perhaps even on this topic. This may be the best that can be done in this situation.

49 posted on 03/12/2011 12:20:08 PM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: shankbear
According to one of Churchill's books on British history, in ancient time the penalty for rape was castration and hot pockers up the ass. There was a very low recidivism rate.
50 posted on 03/12/2011 12:20:21 PM PST by cpa4you (CPA4YOU)
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To: gaijin

“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”

—How right you are: Actual quote from NYT ombudsman Arthur Brisbane (The NYT was criticized for not providing “balance” to an article about the rape):

“The Times should take care to interview mental health and legal experts who can provide context to a story about a vicious sex crime against a young girl.”

http://nymag.com/daily/intel/2011/03/times_public_editor_gang_rape.html


51 posted on 03/12/2011 12:28:37 PM PST by Qbert ("I seem to smell the stench of appeasement in the air" - Margaret Thatcher)
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To: TXConservative25

Amen. I’m left wondering if he did it purposely.

Even sharks can serve a good purpose now and again.


52 posted on 03/12/2011 12:56:24 PM PST by SouthernClaire (HE must increase)
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To: gaijin

I’m going to argue your No. 1 because they had cell phones. They certainly weren’t starving.

Good post, btw.


53 posted on 03/12/2011 12:58:17 PM PST by SouthernClaire (HE must increase)
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To: shankbear

What angers me is the grandmother sticking up for her punk grandson that participated in this! Saying should they have to ask for ID is so lame - her grandson did it, knew better than to do so and should rot in jail. This child was 11 for heaven’s sake! I think the enabling family members should go to jail also!


54 posted on 03/12/2011 1:04:39 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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Comment #55 Removed by Moderator

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?

___________________________

There better not be! As far as I’m concerned they need to rot in jail - all of them. The parents should stir up a ton of support and get them to march in the streets when the trials begin - if she was my child, those boys would be begging to go to jail to be safe from me. I’m so angry about this that if it were my child I don’t know how I’d stop from carrying a gun to the trial.


56 posted on 03/12/2011 1:12:37 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: Mich Patriot; guerito1

Don’t apologize for being outraged as any human being should be...I’m right with you. I’d kill these bottom-feeding scumbags myself if I had a chance. Every one who dipped it should DIE, and every one who watched and did nothing can go too. NO MORE EXCUSES FOR SCUM LIKE THIS, ONLY SPEEDY EXECUTION DATES.

_________________________________

I’m with both of you! Shoot them, let them rot and lock up the enabling grandparents and parents too!


57 posted on 03/12/2011 1:14:40 PM PST by leapfrog0202 ("the American presidency is not supposed to be a journey of personal discovery" Sarah Palin)
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To: gaijin
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.

Right out of Clinton's playbook. The First black President and a serial rapist himself.

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?

How much do you want to bet that she's the middle of a family tree steeped in the enabling grease of welfare which has the secondary effect of acting like fly paper. No dads, pop culture values, and Jesse Jackson's willing idiots; we should have a little pity.

These "boys" are victims of liberalism.

58 posted on 03/12/2011 1:18:51 PM PST by 1010RD (First, Do No Harm)
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To: Steely Tom

So you’re making the opening arguments for the restoration of Constitutional Carry nationwide and an extension of the Castle Doctrine to wherever you happen to be.

I like it.


59 posted on 03/12/2011 1:21:02 PM PST by 1010RD (First, Do No Harm)
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To: leapfrog0202

Boy, do I agree. If that was my little one, I think I would be the one going to prison and for a long time. In a case like this, I wonder if they won’t try to plea out some of them for testimony. It is a dirty deal that unfortunately our criminal “justice” system uses. Sad.


60 posted on 03/12/2011 1:34:43 PM PST by momtothree
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