02-28-2007, 04:44 AM | #1 (permalink) | |
People in masks cannot be trusted
Location: NYC
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Julie Amero Porn Case
I have read several articles about this case and the more I read the mroe scared I get. It seems that the police and DA office just do not understand technology enough, and this is a perfect example causing a travisty of justice.
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02-28-2007, 05:50 AM | #2 (permalink) |
Asshole
Administrator
Location: Chicago
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I've got to say that this makes the people of the great state of Connecticut look pretty dumb. Obviously (at least to me), the teacher should have shut down the monitor immediately, but I can't believe that there isn't someone in the system that tech-savvy enough to recognize what actually happened.
Then again, maybe there is actually something to the prosecution's case that the reporter neglected to mention. It wouldn't be the first time.
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02-28-2007, 07:37 AM | #3 (permalink) | |
Easy Rider
Location: Moscow on the Ohio
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Perhaps the police, judge, jury and school administrators are really that stupid. Also why would the judge not allow her computer expert to offer his evidence. According to Herbert Horner he went to court prepared to demonstrate online how the popups occured but was denied when the prosecution objected because they were not given full disclosure beforehand. |
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02-28-2007, 07:55 AM | #4 (permalink) |
Lover - Protector - Teacher
Location: Seattle, WA
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Man that was a fair-and-balanced news story if I've ever seen one. I can't jump on the "HOW RIDICULOUS" bandwagon until I see coverage of this story that isn't full of emotional appeal and entirely one-sided.
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02-28-2007, 08:18 AM | #5 (permalink) |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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I want to believe this story...as it is written. I really do...
But...I have a hard time accepting the fact that there is that much stupidity, ignorance, and/or corruption...on so many levels and layers. I'm thinking that there has to be more to this, that we are not shown. At least I sure as hell hope that there is. Otherwise, this is the absolute worst beakdown of the judicial system, that I've seen, since I changed my stance on Capital Punishment. Who wants to go check on the flip side of this story?
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02-28-2007, 08:21 AM | #6 (permalink) |
peekaboo
Location: on the back, bitch
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If she doesn't know about how things work, why did she ask to use it?
Unfortunately, stupidity is a crime in this country, unless you're sitting on a jury or a Board of Ed.. I'd fully assume she'll appeal this. The charges alone were dumb enough, but 40 years? She should have plied them with weed and booze, she'd have gotten less time Wow....I Googled her name to get more information on this case.... The tech world is aghast and can't say I don't blame them. It appears that the 'computer crimes' detective doesn't know squat about the internet, spyware, etc., yet his testimony was allowed, most of Horner's(an expert for 40 years) was not. Of the 8 kids who testified for the prosecution, not one pointed out who first got to the computer when Amero stepped out and, in fact, not one could identify Amero as the teacher for that day. The computer in question, nor the school network, was investigated or searched for histories other than what was 'clicked on' the day in question.(In the sites I perused, it was explained that this spyware would not have to be 'clicked on' anyway-that fact was not presented at trial). There was no mention of the regular teacher testifying as to what he has 'clicked on'. The superintendent's take on this? "She was supposed to teach the children-this did not happen" Yea, so let's throw her into prison for it.
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02-28-2007, 09:47 AM | #7 (permalink) |
All important elusive independent swing voter...
Location: People's Republic of KKKalifornia
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I'm with Jinn Kai - that was quite possibly the most biased and one-sided article I have ever read.
That said, assuming what the article says is ture then I am dumbfounded. It seems like quite the travesty of justice. I too have a hard time believing that failure or incompetency could have occurred on so many levels,but it is possible. If and when the facts do come out, hopefully we will know what really did happen. |
02-28-2007, 09:49 AM | #8 (permalink) | |
People in masks cannot be trusted
Location: NYC
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Here is another article that covers the case a drop more
PC World Quote:
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02-28-2007, 10:12 AM | #9 (permalink) | |
Human
Administrator
Location: Chicago
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This case has been going on for awhile and, sadly, there's really not much more to the story. The situation really is that ridiculous. Unfortunately, I don't have much else to say other than that. I hope her case gets resolved in a more reasonable fashion.
Regina Lynn of Wired News wrote an excellent article on this topic which I think is worth sharing: Quote:
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02-28-2007, 10:40 AM | #10 (permalink) | |
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02-28-2007, 10:52 AM | #12 (permalink) |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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Well...at this point...not knowing anymore than what we do...I'm still not convinced that a crime was even commited.
Sure...it's easy to say that she should have unplugged it. She should have unplugged it. But...she panicked. I can see that. I've been in situations where I've panicked and not taken the obvious next step. That mistake's not worth the next 40 years of her life.
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"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony "Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt. |
02-28-2007, 10:56 AM | #13 (permalink) | ||
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BUT, I believe Amero failed to do everything within reason to prevent the children from seeing pornography. She was negligent and her conviction was therefore justified. Am I reading this correctly when I see that she actually hasn't been sentenced yet and that the maximum possible penalty is 40 years?
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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty |
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02-28-2007, 11:06 AM | #14 (permalink) |
Human
Administrator
Location: Chicago
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Yes, she hasn't been sentenced yet. She got a new lawyer from a big law firm who has taken on her case pro bono and he asked for the sentencing hearing to be postponed.
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Le temps détruit tout "Musicians are the carriers and communicators of spirit in the most immediate sense." - Kurt Elling |
02-28-2007, 11:25 AM | #15 (permalink) |
All important elusive independent swing voter...
Location: People's Republic of KKKalifornia
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Hmmm...but is it too late? I mean, if they are already at sentencing the it is essentially at the end of the process?
I understand that the players involved followed the letter of the law but isn't there some kind of discretion involved? Judges have been waaaayy lenient on others for far worse crimes. Violent athletes and celebrities come to mind. |
02-28-2007, 11:29 AM | #16 (permalink) | ||
Location: Waterloo, Ontario
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Pesonally, I think it's unreasonable for anyone to be that "computer illiterate." Operating a computer is easier than driving and I'm rather confident that she can drive... People in the latter part of this thread have been saying that she should have turned off the computer. Hasn't it been established that she was told by someone of authority and pervieved exptertise that she should not turn off the computer? My understanding is that she wanted to turn it off but was instructed not to. If she is as computer illiterate as people are saying, she didn't know enough to do so... Quote:
I wonder how she'll feel about computers after this whole ordeal and whether it will motivate her to learn a little more about them... Last edited by KnifeMissile; 02-28-2007 at 11:32 AM.. Reason: Automerged Doublepost |
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02-28-2007, 12:00 PM | #17 (permalink) | |
Junkie
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The problem is that the players involved: the school, cops, DA, and judge are more concerned with how this case will affect their careers than doing the right thing. A savy jury would have nullified the case (of course the prosecution probably would kick the jury members out for even mentioning that). |
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02-28-2007, 12:17 PM | #18 (permalink) |
Fade out
Location: in love
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this will obviously be appealed.
but it's pretty damn crazy...
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02-28-2007, 07:09 PM | #19 (permalink) | |
Addict
Location: In a State of Denial
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Not allowing an expert witness is unforgivable, especially in a case involving technology. They ONLY reason I can see to not allow the expert witness is because she was being railroaded.
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02-28-2007, 07:24 PM | #20 (permalink) | ||
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In order to convict her, "the state must prove the following elements beyond a reasonable doubt: (1) that at the time of the incident, the alleged victim was under the age of sixteen years; and (2) that the defendant wilfully or unlawfully caused or permitted the victim to be placed in a situation that endangered the child's life or limb, or was likely to injure his health or impair his morals." (1) has obviously been proven, so we'll move on. (2) I think exposure to pornography would count as a situation that "was likely to... impair [the child's] morals." Debatable, perhaps, but it's certainly a fair reading of the law to conclude that children are harmed by viewing pornography. The tricky question, then, is whether or not the exposure was "[willful] or [unlawful]" under the terms of the law. "Willful or unlawful" behavior is defined as "the conduct of a person that is deliberately indifferent to, acquiesces in, or creates a situation inimical to the child's moral or physical welfare". "'Wilfully' means intentionally or deliberately. 'Unlawfully' means without legal right or justification. Causing or permitting a situation to arise within the meaning of this statute requires conduct on the part of the defendant that brings about or permits that situation to arise when the defendant had such control or right of control over the child that the defendant might have reasonably prevented it." Since the phrase is "willfully or unlawfully", the government needs prove only one of the two beyond a reasonable doubt. To me, Amero's negligent behavior qualifies as "the conduct of a person that... creates a situation inimical to the child's moral... welfare." Also, that last part, "that the defendant might have reasonably prevented [the bad situation]", certainly rings true in my opinion. Don't get me wrong: this is not a slam-dunk case for the prosecution, but the actions of the judge, jury, prosecutors, ect. do not seem in any way to be unreasonable. Their side seems quite logical to me. One final note: 40 years is a ridiculous sentence for this particular crime. Any reasonable person would agree with that, I think. As has been mentioned, however, she has yet to be sentenced. I don't know what the minimum sentence is, if there even is a minimum, but this woman is going to get a lot less than 40 years even if she doesn't win her appeal. The 40 year sentence is for severe child abuse/neglect, not this mildly harmful sort of negligence. If she got, say, six months in jail for this offense, would anyone have a problem with it? EDIT: Quote:
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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty Last edited by politicophile; 02-28-2007 at 07:26 PM.. |
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03-01-2007, 06:45 AM | #21 (permalink) | |
Easy Rider
Location: Moscow on the Ohio
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It seems to me that the prosecution should have had a reasonable expectation that the computer expert would attempt to demonstrate what he claimed happened. Even if the judge thought the prosecution needed time to prepare a response, what's wrong with giving them a day or two, after all 40 years of a person's life is at stake. I can't see how justice is served by not allowing the jury to see what happened and how these popups occur from the websites visited. |
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03-01-2007, 07:49 AM | #22 (permalink) |
Too Awesome for Aardvarks
Location: Angloland
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Wow, Americaland strikes again!
That has to be the most stupid trial i have ever heard, i actually have nightmares about this kind of ignorance occuring around me, i can only fathom how she is feeling. I know plenty of 40yr olds who can barely use a computer, and i know 40 yr olds who don't know how to drive. I bet she knew that turning off the computer would help, but mixed with a panic moment, being told not to do something explicitly (she's only a substitute afterall) and children buzzing around would make most people not think logically.
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03-01-2007, 09:09 AM | #23 (permalink) | ||
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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty |
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03-01-2007, 09:21 AM | #24 (permalink) | |
Tilted Cat Head
Administrator
Location: Manhattan, NY
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So thus in Singapore, because the law reads that automobiles are not to run red lights, neither can ambulances. Most expatriates there are males, my mother was expatriated and normally spouses are also granted limited work permit. Law reads WIFE gets the permit, thus my father could not get a permit because the way the law was written.
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03-01-2007, 01:23 PM | #25 (permalink) | |
Winter is Coming
Location: The North
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That being said, I'm not at all sure that-had everyone not been looking to crucify her-she would be even proven to have been negligent. The other teacher expressly forbid her from turning off the computer AND she was in a very delicate situation. I would be 99/100 people would've freaked out and not known what to do if porn pop ups flooded an unfamiliar computer in front of a bunch of kids. Violating a specific instruction doesn't seem very reasonable and panicking does seem very reasonable. Everything in this case stinks of scapegoating the person with the least power and bureaucratic ability to cover her tracks. Hopefully it gets appealed and tossed out for the shit decision it is. Otherwise, tally another one up for a broken legal system. |
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03-01-2007, 03:14 PM | #26 (permalink) | |
Easy Rider
Location: Moscow on the Ohio
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Even if the judge felt the prosecution needed more time to respond what's the harm in giving them a few days. The trial was still in progress and this wasn't just a minor infraction, this was for possible life in prison. Not allowing the defense to present crucial evidence because of a disagreement over discovery is probably guranteeing that this will be overturned on appeal. I have absolutely no first hand knowledge or schooling in regards to the law but from what I have read this case seems to be very unfair. How could the interest of justice be harmed by allowing the jury to see for themslves how the hairstyling site had links to porno popups and how hard it is to stop them? |
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03-02-2007, 06:14 AM | #27 (permalink) |
Very Insignificant Pawn
Location: Amsterdam, NL
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Aren't judges and district attorneys politically appointed?
If the defendant won the case would not the school district be open to law suits from all the familys of the students involved? The case should have at least been tried somewhere else. |
03-02-2007, 08:36 AM | #28 (permalink) | ||
The sky calls to us ...
Super Moderator
Location: CT
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03-29-2007, 02:58 AM | #29 (permalink) | ||
People in masks cannot be trusted
Location: NYC
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Well in case anyone is curious on updates on the case here are 2 articles from today.
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Amero sentencing delayed to April. Quote:
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03-29-2007, 04:29 AM | #30 (permalink) | |
I'll ask when I'm ready....
Location: Firmly in the middle....
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"No laws, no matter how rigidly enforced, can protect a person from their own stupidity." -Me- "Some people are like Slinkies..... They are not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs." -Unknown- DAMMIT! -Jack Bauer- |
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03-29-2007, 05:29 AM | #31 (permalink) |
My future is coming on
Moderator Emeritus
Location: east of the sun and west of the moon
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WON'T SOMEBODY PLEASE THINK OF THE CHILDREN?!?
/Helen Lovejoy I don't find it the least bit difficult to believe that 1. a substantial number of people are utterly ignorant of how The Internets, that series of tubes, works; 2. "justice" every once in a while gets subverted in favor of proper procedure and bureaucratic process; 3. people go nutsobagonga when it comes to kids and porn and lose their common sense, especially in the "zero tolerance" atmosphere of our edumacation system. Introubulated. There, that's 3 Simpson's references...my work here is done.
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03-29-2007, 02:11 PM | #32 (permalink) |
Very Insignificant Pawn
Location: Amsterdam, NL
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""justice" every once in a while gets subverted in favor of proper procedure and bureaucratic process;"
Every once in a while?? "Justice" is about winning the case. Nothing more. As I said above, this trial should have taken place in an area that did not have a vested interest in putting the guilt on the teacher. |
04-01-2007, 12:41 PM | #33 (permalink) |
I want a Plaid crayon
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our justice system is a joke. We should go back to burning witches alive because they floated when we tied them up and tossed them in a river. At least then we might get some good books or movies out of it all. The way it is now is just pethetic. If you can afford a good lawyer you can do whatever you want. if you cant afford a good lawyer your thrown in prison even if you didnt do anything wrong.
Sadly people really are dumb enough to let stuff like this happen. I dont know exactly what kinda porn this was but at a thumbnail size... its most likely nothing too bad. So it comes down to naked = evil. Where most other parts of the planet naked = day at the beach on vacation. This was a 7th grade class. whats that 12 years old about? Most 12 year olds have already seen a glimps of porn somewhere or another. People are sheep they overreact over the dumbest stuff just because someone else already started to overreact about it. In this case it might ruin someones life. All because of ignorance. Even if they did bring up some hard core nasty full screen porn video and im sure thats not what happened at most it would mean these parents would need to sit down and have a talk with there kids and explain it a bit. but we cant have that better to throw the innocent in prison then sit down and talk to the kids. |
04-02-2007, 07:07 AM | #35 (permalink) | |
<Insert wise statement here>
Location: Hell if I know
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All I know is that at 13 I had already seen a whole lot more porn than is contained within pop-ups. Just reading that law made my head spin. "Morals are likely to be impaired..." Who's morals? Your morals? My morals? What the hell is a piece of legislation doing with such ambiguous and undefined terms? According to the description of the events as I read them, she's not guilty of anything more than leaving the classroom and not knowing how to work a piece of classroom equipment. Hell, my brother killed a woman(prostitute, long story) and all he faced for that was 28 years(+ another 5 for aggravated kidnapping). She's in control of a room of kids that manage to glimpse some nipples and genitals, but faces up to 40 years, craziness.....
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Apathy: The best outlook this side of I don't give a damn. |
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06-06-2007, 03:11 PM | #39 (permalink) | |
Psycho
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She has been granted a new trial.
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06-06-2007, 09:09 PM | #40 (permalink) |
Insane
Location: Oh Canada!!
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I feel really bad for this teacher. What a waste of judicial time. I can't believe how some things actually get this far into the system. I hope this thing gets completely resolved and the charges are dropped. As for the kids seeing this stuff, boo freaking hoo. Kids are exposed to stuff all the time. They were probably pretty excited about it too.
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amero, case, julie, porn |
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