All that is wrong with our legal system

[McCrackhd]

A judge has actually considered dropping charges against a former child sex prosecuter from Mobile because...well, you'll see.

Ex-Prosecutor Steve Giardini Waits For Ruling In Sex Case | BREWTON, Alabama

[jmur5074]

Well, to a point I do see their argument. If the photo was never produced, there's nothing there to be "obscene."


BUT...with that said, he OBVIOUSLY needs to be charged with a crime. Can't he be charged with some sort of "attempt" crime? Attempted Enticement or whatever their applicable laws are?

[luckyme]

I think the intent of asking for the pics are clear. The lawyer is trying to exploit it as a gray area though.

I'd have to look it up, but it's already been addressed higher up about soliciting a minor that is actually a LEO. No hope for him there.


edit*
The undercover agent is also covered by Alabama law under 13A-6-127:
(a) It shall not be a defense to prosecution under this article:

(1) That an undercover operative or law enforcement officer was involved in the detection and investigation of an offense; or
.......

The enticing is covered under
Section 13A-6-122
Electronic solicitation of a child.
And it's a Class B Felony which is 2 - 20 years
http://alisondb.legislature.state.al...975/coatoc.htm

[McCrackhd]

If I'm correct, what I read in the paper the other day stated that the judge was considering dropping the charge of Enticing a Child. My problem with this is, that it could have serious repercussions in similar cases in the future. What are authorities supposed to do to catch these bastards? Actually have a child sitting at the computer in place of a LEO??

On top of that, this is a former prosecutor of child porn. He should get NO leway!!

[Xiphos]

this is a former prosecutor

Go no further. He was a member of "The Club" that gets together for lunch, golf, and a few rounds at the 19th hole. We can't expect "members" to follow the same rules as everyone else right? All that courtroom adversarial stuff is just a front. All the prosecutors, defense lawyers, and judges are back slapping, winking and nodding because they are part of the same club.

[lewisipso]

Go no further. He was a member of "The Club" that gets together for lunch, golf, and a few rounds at the 19th hole. We can't expect "members" to follow the same rules as everyone else right? All that courtroom adversarial stuff is just a front. All the prosecutors, defense lawyers, and judges are back slapping, winking and nodding because they are part of the same club.

Bravo!

[Jks9199]

Go no further. He was a member of "The Club" that gets together for lunch, golf, and a few rounds at the 19th hole. We can't expect "members" to follow the same rules as everyone else right? All that courtroom adversarial stuff is just a front. All the prosecutors, defense lawyers, and judges are back slapping, winking and nodding because they are part of the same club.

Not an attempt to defend this scum -- but a point to ponder...

How would that be different than, say, stopping someone for an obvious and irrefutable traffic offense... and not giving them a ticket because they're a cop?

[Xiphos]

Not an attempt to defend this scum -- but a point to ponder...

How would that be different than, say, stopping someone for an obvious and irrefutable traffic offense... and not giving them a ticket because they're a cop?

One is a traffic infraction I let lots of people go for including lawyers.

The other is a felony that should result in your manhood being physically severed from your body, whether you are a cop or a lawyer.

[jmur5074]

Not an attempt to defend this scum -- but a point to ponder...

How would that be different than, say, stopping someone for an obvious and irrefutable traffic offense... and not giving them a ticket because they're a cop?

The difference I see is one is a minor offense and the other is a major crime (or attempted crime I guess) against a person.

[Captain America]

Go no further. He was a member of "The Club" that gets together for lunch, golf, and a few rounds at the 19th hole. We can't expect "members" to follow the same rules as everyone else right? All that courtroom adversarial stuff is just a front. All the prosecutors, defense lawyers, and judges are back slapping, winking and nodding because they are part of the same club.

Nail on the head....... next case.