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Child rape loophole in action Print E-mail
Wednesday, 02 December 2009 20:41
To hear Washington State authorities tell it, cop killer Maurice Clemmons was entitled to bail under the state constitution, even though he was charged with child rape.

Not exactly.

According to a statement released by the Pierce County, Washington Superior Court, accused persons are presumed to have a right to bail, unless one of two conditions exist:

"(1) the court determines that such recognizance will not reasonably assure the accused's appearance, when required, or

(2) there is shown a likely danger that the accused:

(a) will commit a violent crime, or
(b) will seek to intimidate witnesses, or otherwise unlawfully interfere with the administration of justice."


Clemmons' long string of violent crimes, including attacking police, is now well known. And correspondence by corrections officials makes it clear that he was intimidating witnesses.

So then how do you convince a court that a violent, menacing and evidently psychotic defendant is not really a threat to his 12-year old victim or other children?

It helps if your criminal justice system treats the rape of children in the family as a social problem, not a dangerous crime.

Here's an excerpt from the just-released court transcript :

[DEFENSE ATTORNEY]: "The threat to the community, I don't believe we have a problem with that... Your Honor. He has been seeing a counselor, himself, that he would like to go back to seeing... who was actually present last Friday for the hearing....

"He's the sole income earner for his family, as well.... His family is here, out in the audience; his wife, aunt, brother, sister. Like I said, he's the sole income earner..."

 
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