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Archive for Thursday, May 14, 2009

Jury unable to reach verdict in case of repairman charged with indecent liberties

May 14, 2009

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A Douglas County judge has declared a mistrial after jurors were unable to reach a verdict in the indecent liberties case of an appliance repairman.

Prosecutors accuse the 59-year-old Baldwin City man, who has worked for the Lawrence repair company for 32 years, of exposing himself to a 4-year-old girl when he was on a service call in Lawrence.

During the trial this week, the defendant denied wrongdoing and said he had only tickled the girl’s foot as she sat on a couch inside her home. The child’s mother was in another part of the house while the defendant fixed the family’s dryer.

After deliberating for more than five hours Thursday, jurors said they were unable to reach a verdict.

The man faces one count of aggravated indecent liberties with a child in connection with the January 2008 incident.

District Judge Peggy Kittel scheduled a hearing for June 2, when she could set a second trial date. Defense attorney John Ambrosio told Kittel he intended to review the transcript of the trial.

The defendant remains free on $25,000 bond.

The Journal-World generally does not identify sex-crime defendants unless they have been convicted.

Comments

Fred Whitehead Jr. 5 years, 7 months ago

I wonder what "evidence" the police fabricated on this one? Maybe the jury is a lot smarter than the current DA.

Betty Bartholomew 5 years, 7 months ago

Wrongfully or rightfully accused, this is one of the reasons you don't leave your children alone with people you don't know (and some people you do know).

And the wrongful part is one of the reasons you shouldn't allow yourself to be left alone with other people's kids, and especially a reason not to touch other people's kids.

Fred Whitehead Jr. 5 years, 7 months ago

Beth, you are so correct! I would not keep anyone elses childern for one minute the way the current hysteria about imagined sexual offenses are today and how completely innocent people can be accused by trailer-trash and aided by the current clueless DA. And, no, no one has accused me, I just know of several cases that were totally wrong and disgusting.

Leslie Swearingen 5 years, 7 months ago

Imagined sexual offenses? Trailer-trash? Do any of you people have a way to know for a fact that this man is innocent and that it is probably the "trailer-trash" mother who should be on trial? This is not amusing. Even though the little girl was not seriously hurt, if this man is guilty and then let go, he is hardly going to stop. He is going to have a reason to believe he can get away with this kind of behavior.

Thinking_Out_Loud 5 years, 7 months ago

No it doesn't, beobachter. The accused does not have to be proved innocent--he must be proved guilty by the State "beyond a reasonable doubt." This is a core tenet of American jurisprudence.

Leslie Swearingen 5 years, 7 months ago

I don't know if he is innocent or guilty. I was responding to the police fabrication remark, and the imagined sexual offenses and trailer-trash which I found to be offensive.

somebodynew 5 years, 7 months ago

Irish - if you check frwent's previous history you will see he has a history of posting on these types of stories and always about how either the police or the DA is (take your pick) stupid, making things up, or violating the law. He has some type of history in this area (I don't think against him directly) and is on the same type of rant that YH, Smitty, or Was_(something) is on, just a different subject matter.

Oh, and I understood what your comment was about.

Fred Whitehead Jr. 5 years, 7 months ago

Irish, I was not speaking directly to this case, I know of a case where trailer trash and a cop succeeded in filing charges with no solid evidence, just someone's opinion and the DA did nothing to verify the findings. Fortunately, not much came of it except some very difficult circumstances for the "accused".

Somebodynew, I do not dream up my accusations against the police, just two of them who are criminal offenders, broke the law, and have had it covered up by the head COP. I have written proof on official documents. The rest of the LPD are very professional, workmanlike and have been helpful to me on several occasions. So quit your stupid assumptions about something you know nothing about.

Steve Jacob 5 years, 7 months ago

I feel bad for the guy. He was never proven guilty, (I doubt they will go to trial again), and he probably lost his job.

I have no idea what went on, but he worked for 32 years without a problem, I will presume his innocence until proven otherwise. But I understand how the D.A. has to go to court over this, no matter what little evidence they had.

Fred Whitehead Jr. 5 years, 7 months ago

Ah, cheesburger, I have notified each commissioner on the last commission of my evidence, and was totally ignored. You have to understand, the city manager runs the commission, and I can understand that he told them to ignore me. I have contacted other agencies, and most of them tell me the city commission is the body that controls city departments. There seems to be no one who has the guts to check out what is really a solid case of misconduct, but none of the city commissioners has the backbone or professionalism to investigate. Probably by direction of the City Manager. There are two new commissioners now, but I would wager that my reports to them will be met with the same response, nothing. The feds do nothing. They are only interested in federal law and one person is no reason for them to act. You really do not understand just how incompetant this "at large" commission is, I have lived here for over 30 years, and have seen a lot of foolishness, incompetance and just downright irresponsibility from this "citizen commission". If you do not like my information, that is fine. Sorry to bug you. But I know what has happened and I know that I have gone to a lot of people. I know that some news items that are reported are caused by serious misconduct in city departments.

Fred Whitehead Jr. 5 years, 7 months ago

And I know that this case that started all this blogging could be a very serious case of child molestation, or just another hysterical parent responding to all the hype and over-reporting of imagined sex offenders. News organizaations love it, they report it in flashing red headlines, "Look out, there are sex offenders in your yard, they are in the bushes, be careful, there is one in your mailbox.!!!!" Disgusting.

I know there are predators out there. I would be the first to light the fire for one truly found and convicted, I raised childern. But this hysteria has gotten out of hand, and I sincerely hope that this fellow, who created this "hung jury" is innocent and is found so. The prisons are overflowing now, but that is another issue.

notajayhawk 5 years, 7 months ago

Personally, I'm just wondering why the clothes dryer is in the living room or the couch is in the laundry room.

Alexander Neighbors 5 years, 7 months ago

frwent (Anonymous) says…

I wonder what “evidence” the police fabricated on this one? Maybe the jury is a lot smarter than the current DA.


Ya know the police have been fabricating evidence a lot lately. Just look and see what lawrence police officers MIKE McATEE, MICKEY RANTZ have said in this federal case, they back track then have different stories I think someone forgot to tell them they were on the record.....

http://www.scribd.com/doc/14597829/Transcript-of-Hearing-Testimony-Case-number-072012401-marietta-parker-US-attorney-

Alexander Neighbors 5 years, 7 months ago

By the way everyone, If you do claim you are innocent most likely the lawrence police while working with the prosecutor will try hard to claim you are mentally disturbed for even attempting to prove your innocent. Mind you this is after you have already been evaluated and deemed not mentally disturbed. To prove my point because I know the cops will see this and try to discredit it. Here is the motion filed by the prosecutor to revoke guy neighbors bond and have a second mental evaluation done because apparently between 1 month ago and today he has gone completely crazy.......

http://www.scribd.com/doc/14697585/Motion-Revoke-guy-neighbors-bond-attempt-8-by-Terra-d-morehead-and-marietta-parker-42709

yet the only thing different is Marietta Parker has stepped down from Acting US attorney..... I wonder why she did that..... no really some one please fill me in on why someone just out of the blue steps down from a powerful position ?

another attempt at Guys bond revoking.... http://www.scribd.com/doc/11796637/Federal-court-Marietta-Parkers-attempt-4-to-Bond-Revoke-guy-neighbors

This was filed right before the charges were dropped the first time. This was filed after they realized that they had no evidence.........what !!!? charge some one for a crime with no evidence !?!?..........

Think about here we are almost 5 years later charges have been dropped once and there has been no trial........ Something is fishy !!

http://www.scribd.com/doc/11792202/Neighbors-Federal-Charges-Dismissed-Motion

O yea and it seems like the prosecutor is just using the Justice system to assault Guy and Carrie neighbors.

http://www.scribd.com/doc/10321442/Vindictive-prosecution-motion-for-dismissal-Marietta-Parker-and-Terra-D-Morehead
So sad so so so sad

Alexander Neighbors 5 years, 7 months ago

Another food for though if the Neighbors claims have absolutely no Merit what so ever why did the prosecutor force them into singing a piece of paper stating that they would not publicly discus the case ...?
are court case not the matter of public record..? Why are they not allowed to specifically talk about 7 important aspects of their case ?

http://www.scribd.com/doc/11796425/Order-to-Restrain

justmememe 5 years, 7 months ago

Here's more food for thought.....not every police story needs to be turned into a forum about the Neighbors. The story's about indecent liberties with a child, not police corruption....so do us all a favor and wait for an appropriate platform before you start linking us all over the web to irrelevant stories...please....

compmd 5 years, 7 months ago

"But I understand how the D.A. has to go to court over this, no matter what little evidence they had."

No. The prosecutors have discretion over what is pushed to trial. If they don't believe they can get a conviction, they aren't supposed to take a case to trial. Unfortunately, it is becoming more common practice to use the justice system to screw up the lives of people society simply doesn't like.

Steve Jacob 5 years, 7 months ago

Compmd, a complaint of a "indecent liberties" with a 4 year old has to go to court. This is not some normal bar fight, or robbery. If the parents push this hard enough, that they go to the papers and TV news if the DA sits on the case, they have to go all the way and say they did the best they could.

thelonious 5 years, 7 months ago

Sorry, but this case makes no sense. Sounds like a case of parental paranoia. If the jury couldn't decide, then the "evidence" must be pretty flimsy.

So here's the deal. While I do not deny that there are pedophiles out there and that those who actually do molest children should be punished, any charges need to be based on overwhelming evidence - otherwise we just start a modern version of the Salem Witch Trials, only now it is the Pervert Adult Male Trials.

Personally, I have witnessed enough parental paranoia that I would never do anything as (seemingly) innocent as tickle a child's foot while left alone with the child - perhaps bad judgement on the part of this man, but at age 59 he probably remembers a time when you could tickle a child without automatically being labeled a perv. I remember as a child sometimes having my feet tickled by relatives, and I am pretty sure there was nothing pervy going on (no jokes about foot-fetishes, please). Seriously, sometimes we are too scared of the bogeyman for our own good.

If he realy did this, I feel sorry for the family, if he did not, then I feel sorry for him, and mainly I must insist that he is presumed innocent until PROVEN guilty beyond a shadow of a doubt.

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