Judge allows vacation before (child sexual assault) guard jailed

[rainbow4321]

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050611/NEWS01/506110386/1056


A former juvenile prison guard who admitted sexually touching a 16-year-old female inmate will serve his 60-day sentence on weekends after his family vacation.

During the sentencing Thursday, Delaware County Common Pleas Judge W. Duncan Whitney at first ordered Paige, 47, to start serving his sentence June 17. But Whitney agreed to postpone the sentence one week when Paige's attorney said it interfered with family vacation plans.


Whitney said Paige's remorse and the girl's consent required him to show leniency under state sentencing guidelines. The charge could have brought a sentence of six to 18 months in prison.

Prosecutor David Yost said he wouldn't question the sentence but disagreed that the girl gave consent. "I don't think in this situation a juvenile prisoner can give consent or facilitate the offense, ever, because you're in an inherently coercive environment," Yost said. "I don't think she bears any responsibility for what happened to her."

[ayeshahaqqiqa]

1. I wonder what his family thinks about all this

Will this fellow have to register as a sex offender?

Can't imagine the "vacation" being all that wonderful, unless they are going to cross international borders to evade the law...

[proud2BlibKansan]

2. Well here's the answer:

"He was very, very remorseful," said Steve Palmer, Paige's attorney

Isn't that special? :sarcasm:

[Endangered Specie]

3. I bet if he was touching the Judge's daugher things would be different

:eyes:

[rodeodance]

4. this is sort of 'libeerrrrral' judge the Repugs should be yelling about!!

[Endangered Specie]

5. Not likely... too many Repugs would get arrested.

[Kelvin Mace]

6. They won't because he *IS* a Replublican

http://www.bradblog.com/archives/00001010.htm

How about we drop him an email?

[email protected]



Typical smug-ass prick.

[rainbow4321]

8. He used polygraphs on both offenders AND victims

Googling this guy brings up some scary shit:

http://www.sexualassault.virginia.edu/sapc-11-26-02.htm

One of the practices that Mr. Whitney's office has been employing for many years involves the use of the polygraph with both suspects and survivors. At first mention, I felt the hair on my neck bristle as my memory reeled with the many horror stories I've heard over the years about how this practice has been abused by law enforcement. But Mr. Whitney's strategy deserves attention.

First, the polygraph is stipulated to in court. As a result, at least in Ohio, "the person administering the polygraph can be called as a witness by the State of Ohio to testify at Trial as an "expert" regarding all aspects of the test administered, and such testimony shall be offered and received as evidence in the trial without objections of any kind by any party to the agreement except as to the weight of the evidence." Inconclusive test results are not used.

Mr. Whitney states, "Stipulated polygraphs executed in court are very useful in properly settling an acquaintance sexual assault. Many times, the defendant will only take a polygraph if the survivor will also take one at the same time. When this is discussed with the survivor, they are often agreeable. Most defense attorneys will not allow the defendant to take a stipulated polygraph if the victim/survivor has already passed a polygraph or voice stress test. The offer of a polygraph is made in front of the defendant's significant other or wife, girlfriend, mother, etc. The offer is communicated to the defendant, and not just his attorney. This is done in court or at pretrial."

To ensure that the practice is not abused, Mr. Whitney's training outline states that law enforcement should not require, offer, or suggest that a victim/survivor take a polygraph or voice stress during the investigation stage. In addition to recognizing revictimization, Mr. Whitney explains that using this tool during the investigation stage will prevent the proper use of a court stipulated polygraph after indictment and during the pre-trial stages.

[rainbow4321]

10. Judge: "In my opinion the victim encouraged it."

http://www.ohio.com/mld/beaconjournal/news/state/11863058.htm


"Guards cannot touch these kids, there's no question. He should not be a guard," Whitney said. "In my opinion the victim encouraged it. It doesn't make it right, no way. It cannot be tolerated, but it makes a big difference as to whether someone goes to prison."

Whitney said he frequently orders defendants to serve jail time on weekends so they don't lose their jobs and go on public assistance

<snip>

Paige also had pleaded guilty to use of a minor in nudity-oriented material, for watching another inmate take off her shirt in 2004. But prosecutors dismissed the charge after the plea when they discovered the victim was 20.

Yost said prosecutors mistakenly assumed the victim was a minor because she was in a juvenile facility. Inmates can stay in juvenile facilities until age 21.

[FizzFuzz]

16. Wonder how this guy adjudicates cases where a WOMAN is being prosecuted

for DEFENDING herself against an attacker?

"Whitney said he frequently orders defendants to serve jail time on weekends so they don't lose their jobs and go on public assistance" <----I'm assuming we're talking here about male defendants.

This guy is like a fox guarding the henhouse and the judge has all the sympathy in the world for him.

I'm so so SO sick of male priveledge. Why do their pricks consistently recieve more respect than entire female human beings?

:nuke:

[Whoa_Nelly]

7. And as for Paige's children, or children of friends...?

Are there any of them out there that are cringing in fear because they know this guy was just handed a pass to continue his pedophilia?

[rainbow4321]

9. I just wanna know where his "vacation" will be..

So as to keep my kids very, very far away from his vacationing...

[roguevalley]

11. well, he sort of put into perspective his view of the worth of females

[AndreaCG]

12. In NY there is no such thing as consensual sex

between an inmate and guard regardless of age.

Fortunately for one of the court officers I work with this law changed after he was caught getting serviced by a female prisoner.

He is still on the job. Was also caught hauling a typewriter out of the court. (Has parents in high places.)

[Eloriel]

13. Shouldn't be in any other state, either -- OR, for that matter,

in the minds of our judges. :grr:

[noiretextatique]

14. how on earth can sex be 'consensual?'

between an inmate and a guard?

[MountainLaurel]

15. It's not

That's all there is to it.

[MrSlayer]

17. Going on "Family" vacation after abusing a minor?

What a sick ruling.

[Maat]

18. Ummmm ... technically an underage minor is considered ...

incapable of giving consent.

Any consent given is invalid and is not supposed to be recognized by the court.

WTF?

[Skittles]

19. sick bastards

the offender AND the judge :puke:

[Solly Mack]

20. Vacation where? Around other children?