In other news
Number twelvety in my occasional 'the law is an ass' series; Einstein Shrugged (link to the right there) sent me this story earlier. What the fuck?
He grabbed girl's arm -- now he's a sex offender
July 1, 2005
BY STEVE PATTERSON Staff Reporter Advertisement
Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car. She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm. He said he simply lectured her. She said she broke free and ran, fearful of what he'd do next.
In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender. While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested. Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense. Now, he will have to tell local police where he lives and won't be able to live near a park or school.
"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"
But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."
In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind. I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."
Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."
ES also sent out this great story. Well, I think it's great, but I have all the paternal instincts of King Herod.
TODDLER SCARRED ALL OVER BODY
A one-year-old boy has been bitten 30 times by a group of more than a dozen other babies at a nursery in Croatia.
Frane Simic was covered in a series of deep bite wounds all over his body, including his face. He was attacked after the class nanny stepped out of the room to change another baby's nappy.
Dr Sime Vuckov, head of the hospital in Rijeka which treated the boy, said: "Biting between young children is not uncommon. But I have never seen anything like this."
Police have launched an inquiry into the biting frenzy but admit they are clueless as to the babies' reasons for attacking. Dr Vuckov warned that while the wounds were expected to heal, the trauma suffered by Frane may leave permanent mental scars on the boy and his parents. He said: "Our psychologist has evaluated the boy and we will continue to monitor him and provide any type of assistance so that he can overcome the trauma as soon as possible."
Frane's father said he is considering suing the nanny in charge of the class.
Because suing will make it all better.
He grabbed girl's arm -- now he's a sex offender
July 1, 2005
BY STEVE PATTERSON Staff Reporter Advertisement
Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car. She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm. He said he simply lectured her. She said she broke free and ran, fearful of what he'd do next.
In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender. While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested. Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense. Now, he will have to tell local police where he lives and won't be able to live near a park or school.
"This is the most stupid ruling the appellate court has rendered in years," said Barnaby's Chicago attorney, Frederick Cohn. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"
But Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."
In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind. I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."
Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."
ES also sent out this great story. Well, I think it's great, but I have all the paternal instincts of King Herod.
TODDLER SCARRED ALL OVER BODY
A one-year-old boy has been bitten 30 times by a group of more than a dozen other babies at a nursery in Croatia.
Frane Simic was covered in a series of deep bite wounds all over his body, including his face. He was attacked after the class nanny stepped out of the room to change another baby's nappy.
Dr Sime Vuckov, head of the hospital in Rijeka which treated the boy, said: "Biting between young children is not uncommon. But I have never seen anything like this."
Police have launched an inquiry into the biting frenzy but admit they are clueless as to the babies' reasons for attacking. Dr Vuckov warned that while the wounds were expected to heal, the trauma suffered by Frane may leave permanent mental scars on the boy and his parents. He said: "Our psychologist has evaluated the boy and we will continue to monitor him and provide any type of assistance so that he can overcome the trauma as soon as possible."
Frane's father said he is considering suing the nanny in charge of the class.
Because suing will make it all better.
posted by phylos @ 19:30
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