Archive for Friday, July 18, 2008
Prosecutor says police had good cause to stop and arrest driver in solicitation case
Attorney attacks ‘time’ defense: Solicitation case revolves around student encounter
A prosecutor says a 13-year-old student felt threatened enough by a man in a car to warrant a 911 call in December.
July 18, 2008
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A prosecutor says a 13-year-old West Junior High School student felt threatened enough to call 911 in December when a man in a red sports car asked her to come closer to tell him the time.
The West Junior High School student also saw the car drive by her twice more as she tried to walk home that day, Assistant Kansas Attorney General Kevin Graham wrote in a motion recently filed in Douglas County District Court.
Authorities later arrested Stephen R. Stout, 47, after a short vehicle chase, and prosecutors, in five felony charges, accuse Stout of indecent solicitation, exposing himself to three other students and eluding police.
His attorney, Sarah Swain, has argued in a court filing that Stout only asked the girl for the time and that police made an illegal arrest in the case.
In response, Graham wrote that in her 911 call, the girl said the man was following her and “kept asking” her to come closer “to tell him the time.” She also saw the red sports car with tinted windows three times, including once while she called 911 and had started to walk home.
“(The girl) was alarmed and scared enough to call 911 and report the original incident and the continuing following,” Graham wrote.
Minutes later, detectives in a car that had emergency lights spotted the car at Iowa Street and Harvard Road. Graham wrote that Stout twice accelerated away from officers even when they turned on the light and sirens.
He finally stopped at the corner of Hilltop Drive and Harvard Road. Detectives arrested him and found a loaded handgun in the car, according to Graham’s written motion.
Swain has argued for the charge on eluding police to be dismissed and has said police had no grounds to pull him over. But Graham said the fact the car had no license plate and because he did not stop when police used lights and sirens warranted enough for an arrest.
Graham is prosecuting the case because Douglas County District Attorney Charles Branson — before he was elected in 2004 — once represented Stout in a 2000 Douglas County exposure case. Stout received diversion in that case.
District Judge Michael Malone is scheduled to hear arguments about the motions in September before the trial begins Sept. 8.
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18 July 2008 at 3:41 p.m.
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GSWtotheheart (Anonymous) says…
hey YH groupie, this article does not demonstrate “how the police keep messing up” or “police misconduct”
it clearly states why the person was pulled over-even if all he did was ask for the time, he was driving with no license plate
apparently you are not familiar with the police charging people for things and then defense attorneys like Swain here throw a bunch of crap out to obfuscate issues, and ask for everything to be dismissed which is what defense attorneys do but doesn't mean the defense statements are based in reality
and NO, this is not about Your “Case”
moron!
18 July 2008 at 3:48 p.m.
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doc1 (Anonymous) says…
sara Swain is the joke of the lawyer community. All the lawyers, prosecuters and police officers know this. If he didn't do anything wrong why did he run?
18 July 2008 at 3:50 p.m.
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doc1 (Anonymous) says…
Sounds like a habitual wienie wagger. Another case from 2000. Interesting.
18 July 2008 at 3:51 p.m.
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geniusmannumber1 (Anonymous) says…
I love it! Little Neighbors brat posts a video on CNN—just like you would on youtube — and claims this is a story “on CNN”.
18 July 2008 at 4 p.m.
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Ramsfield (Anonymous) says…
Hopefully, Stout does hard time in Leavenworth.
Loser
18 July 2008 at 4:17 p.m.
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srj (Anonymous) says…
I “might” give him a break for the “stop when police used lights and sirens”, but the no license plate is to me more then enough to pull over anybody.
18 July 2008 at 4:37 p.m.
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jakenming (Anonymous) says…
Good for that girl. She handled it just right.
The loser was up to no good. No one, particularly a man by himself, should follow a young girl home. And he had a gun? Sounds like it could have gone very bad had the girl not been smart.
18 July 2008 at 4:47 p.m.
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jakenming (Anonymous) says…
Stephen R. Stout, 47, pleaded guilty in 2006 to misdemeanor sexual misconduct in Clay County, Mo., for exposing himself to students outside a middle school in April 2005.
18 July 2008 at 4:55 p.m.
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Munsoned (Anonymous) says…
Even the YH's fired Swain in the past!
18 July 2008 at 5:01 p.m.
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Bone777 (Anonymous) says…
This guy is one of those perverts that you read about that all signs were pointing to, but nobody did anything about. The little girls parents should be commended for teaching their daughter the right thing to do.
18 July 2008 at 5:10 p.m.
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tangential_reasoners_anonymous (Anonymous) says…
“Prosecutor says police had good cause to stop and arrest driver in solicitation case”
Sounds like they had good cause to “pat him down” with their nightsticks.
( Did I type that…? )
18 July 2008 at 6:16 p.m.
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458casul (Anonymous) says…
swain like all the predetors and dates them
18 July 2008 at 7:49 p.m.
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Buggie7 (Anonymous) says…
yes swain or swine as I like to refer to her takes on all the pervert and predator cases. She even said she had no time to defend another predator in lawrence that the lil boy involved would have to wait longer to get the case ended to picket for YH. when the little boy could be done with it. She is no more than a trash lawyer. If she only realized how many predators are out there because of her swine tactics. Of course she would not be able to do that if they DA's office knew how to do their job as well. They have no idea what to do with these offenders so they give them probation. it sucks for these kids and for us parents who cannot feel safe with wierdos out there. I have hears that kids are too young to have cell phones. Thats so bull because this case here is exactly why they should have them to call for help when needed.
18 July 2008 at 9:57 p.m.
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Joe Hyde (Joe Hyde) says…
Unless I'm mistaken on my knowledge of constitutional law, LPD detectives were 100% technically correct in pulling over and arresting Mr. Stout.
Not displaying a license plate on his vehicle would alone be enough to justify both the traffic stop and an arrest. “No Registration” (no valid plate displayed on the vehicle) is a violation of Kansas statute. Moreover, the decision whether to: A) let such a violator sign a traffic ticket (personal recognizance bond), or; B) take the offender into custody and make him post bond at the station…this is a legal option all police officers have. The offense is a misdemeanor, true; nevertheless, the violator may be taken into physical custody at the discretion of the officer.
Furthermore, since a traffic stop and ticket issuance constitutes an arrest, the officers also automatically have the right to search the violators vehicle — if the violator is physically arrested.
Mr. Stout sealed his own fate (guaranteed his physical arrest and police search of vehicle) by attempting to elude the detectives who were displaying emergency lights and siren.
Hats off to the parents of this girl for trusting her with a cell phone, and hats off to the girl herself for being so aware of this potential threat to her safety.
And to the people who have posted puffed-up harsh criticisms of defense attorney Sarah Swain: I scroll up and down through your comments, I see the cute nicknames you've given yourselves — each with the word (Anonymous) shielding your personal identity — and I can only say this:
What a bunch of cowards you all are.
18 July 2008 at 11:32 p.m.
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asbarkincat (Anonymous) says…
I'm glad to see that girl was smart and made the phone call. This is why it's a good thing for kids to have cell phones. Having no license plate is more then enough reason to pull him over. Then having a gun on top of it. He could have tried to use it to kidnap the girl.
19 July 2008 at 3:05 p.m.
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Boeing (Anonymous) says…
Props to the girl in this case. She worked to get a scumbag off the street. Good work.
19 July 2008 at 8:55 p.m.
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workinghard (Anonymous) says…
I see YH's kid, was_freashpowder has gotten himself kicked off. Darn, I missed that one, he must have been a bad boy. I wonder if that is why there was constant posting by YH for two weeks.
19 July 2008 at 9:19 p.m.
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frwent (Anonymous) says…
Ditto me on Swain. My experience with her is disgusting, unprofessional, and downright disingenious. She is a disgrace to the legal community.