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Murli Chandra’s Story

Posted by ntabrez on August 28, 2008

It was the biggest news of the year. Police had arrested a man named Murli Chandra in Texas and charged him with “conspiring to commit murder” of Charlie Brown. The picture of the accused person’s mug-shot was displayed on every TV channel and on the front page of every major newspaper in the country.

The police had done an exceptionally good job. They were conducting a sting operation on the Internet to catch anyone who would try and kill Charlie Brown. Fortunately, one of the undercover cop started chatting with Murli in an Internet chat room. The police officer whose real name was John Wayne had clearly identified himself as Charlie Brown. Still Murli expressed his desire to kill Charlie Brown without any shame or hesitation. During the chats, Murli had told the police officer how he had always hated the Charlie Brown comic strip character; he then described his whole plan to kill Charlie Brown. It was then that the brave police officer, with the help of several other investigation agencies, trapped Murli and arrested him before he could do any damage to poor Charlie Brown.

All the news channels on TV brought on experts from “Child Protective Services” and other such agencies that are designed to protect children in the USA. All the experts showed their disgust at such a horrific crime. One expert described Murli as a “monster”. She herself had one of her children killed by a similar monster. As she described her own anguish, she broke down in tears and screamed:

“This monster Murli should be put behind bars for the rest of his life. He has no heart! Why would he plot to kill poor Charlie Brown?”

Another expert commended the work of the police and said:

“We must all work together to protect our children. We cannot allow people like Murli to attack and kill our children!”

A third expert described stressed:

“People like Murli are the biggest danger facing America’s future. Unless all Americans unite to fight such a danger, there will come a time when America’s future will be lost!”

In local social gatherings this news item was the talk of the town. People cautioned each other to watch out for Murli-like monsters that might be roaming the streets of the country in search of unsuspecting children. Mothers thanked God that one more monster was behind bars. Now they could feel a little bit safer because Murli would not be able to target their children. Many men, trying to impress the women, declared their hostile intentions against Murli should he ever cross their paths. Women were very impressed by this display of manliness and their readiness to protect children against monsters like Murli.

Many politicians were also very vocal in their condemnation of such criminal acts against children. Some of them appeared on TV and declared open war against such “child hunters” – the term used to describe monsters like Murli – by stating that “such criminal acts against our children will not be tolerated and the guilty will be punished to the full!”

Incidentally, the elections were also coming up. Both the Attorney General and the Lieutenant Governor of Texas had their re-election campaigns launched. Their platforms were clear – they both focused on the case of Murli and trumpeted his arrest as a success for their efforts in trying to “protect our children”. In fact, they proposed a bill that demanded death sentence for people like Murli. When they went to the Texas Legislature with the bill, they brought with them the names and pictures of all convicted child-killers and all those who had attempted to kill any children. Murli’s name and picture were also among the list. The Attorney General made an emotional speech and appealed that his efforts be supported by tougher legislation so that he could take all “child hunters” off the streets – that was the mission of his life, he declared, because he cared for the children.

The Attorney General particularly pointed out the case of the “child hunter” Murli Chandra as one of his success stories. He described how the valiant efforts of his department helped capture this dangerous monster. Only God knows what Murli might have done to poor little Charlie Brown had the police not arrested him. Many people listening to his speech had tears in their eyes, and they all secretly thanked God for saving the life of Charlie Brown.

Despite constitutional hurdles, the bill passed with overwhelming majority. The law-makers of Texas had made it very clear that they wanted to protect the children and that no constitutional barriers will stop them from pursuing their noble agenda.

Both the Attorney General and the Lieutenant Governor won the re-elections easily. There actually never was any question about their victory. People were glad to re-elect such heroes for their self-less efforts to protect the children from “child hunters” like Murli.

Then one day an article appeared in a local newspaper. It was written by a well respected and experienced journalist named Bill Zinni. He pointed out that since there really wasn’t any child involved in Murli’s case, it was unfair to group him as a “child hunter” with other people who had actually killed or attempted to kill real children. The author of the article also pointed out that this case might not be as simple as it seems. Since everything took place in an Internet chat room – where the lines between reality and fantasy are blurred – and since no real child was involved – Charlie Brown is a fictional cartoon character – there were elements of the protection of free speech, as outlined in the First Amendment of the US Constitution, that were involved. He further pointed out that the justice system must be based on reality and factual events, and not on fiction, and since no real person or child named Charlie Brown was involved, the case against Murli was based only on fiction. This, Zinni pointed out, was a violation of the very basic definition of the word “Justice”.

The very next day there was an outcry at such a ridiculous article. Several people and politicians wrote angry responses to the editor of the newspaper for publishing such an outrageous article. Bill Zinni was labeled a “child-hunter sympathizer” – some people simply called him “stupid”. One angry mother wrote:

“It is obvious that Murli is a child hunter. I am sick of these anti-American liberal pacifists who make it a duty to every time bring up the US Constitution to protect such monsters. What if Charlie Brown were a real person? Would Mr. Zinni still try and bring up the US Constitution to protect Murli? What excuse would he bring up then?”

She ended her long letter with a plea to the newspaper not to publish such anti-children articles in their newspaper again.

Mr. Zinni wrote a response to all these angry letters in a letter of his own. He pointed out that no one actually dealt with the issues he had raised; rather, people proceeded to attack his character. Referring to the angry woman’s letter cited above, he pointed out again that judicial systems are supposed to be based on logic and facts, and not on hypothetical what-if scenarios. Otherwise anyone can create any hypothetical “what-if” scenarios and start arresting people based on these fictional assumptions. Mr. Zinni tried to calm the people down and explained that he too cared about the children, but that he did not lose sight of reality in pursuit of his goal to protect the children. Fiction remains fiction regardless of how noble the goal is.

The next day Mr. Zinni was fired from his job by the owner of the newspaper. Mr. Zinni had proved himself to be a child-hunter sympathizer, and he was a shame to the high standards of journalism that was the norm in the US. He was obviously not getting the point that the public wanted all “child hunters” behind bars.

In Murli’s personal life things were also turning crazy. He made bail, but the next day he was fired from his job. He called his employer and asked why he was fired. He was told that the company can’t have any “child hunters” on its payroll. He tried to remind his boss of the principle of “innocent until proven guilty,” but his please fell on deaf ears. He tried to get other jobs in Texas, but no one would hire a “child hunter” even if he hadn’t been convicted yet.

Murli had one consolation. Despite all the chaos, it seemed that his wife was going to stick by him. He had been an excellent father to his children, and his wife promised him that even if they get divorced, she would help him because he was “such a wonderful father” to their children.
To make ends meet Murli had to seek employment outside of Texas. Finally he secured a job in Michigan. So Murli left his family in their Austin (Texas) home and moved to Michigan. He would still come back to Texas on a monthly basis to meet his daughters.

One time when he returned to Texas, he found that his wife was now behaving strangely with him. One day while he was working on his home computer, he found a copy of an e-mail from one of his brothers in law to his wife. He was shocked to read what was written in the letter. The brother in law was suggesting that his sister should leave Murli. What was more disturbing was what was written after that: Murli’s mother in law and this brother in law both thought that Murli was planning to kill his own children. No facts were mentioned as to what gave them such an idea. It seemed obvious to them that if Murli was accused of planning the murder of Charlie Brown, he must also be planning the murder of his own children.

From that point on, Murli’s relations with his wife took a downward spiral never to recover again. Murli asked his wife about that letter, but she dismissed it and said that she didn’t believe Murli would ever plan to kill his own children. For the time being, she let Murli see and spend time with his children.

Murli had hired a very good defense attorney in Texas. The attorney assured him that the State’s case against him had “big holes” in it and that they would exploit these holes. Murli felt confident that justice would prevail and he would not be found guilty. After all, he had chatted with people on the Internet before, and this was not the first time he had threatened to kill a fictional character. He had fun this way on the Internet and knew that since there really was no person named Charlie Brown that he was planning to kill, he would not be convicted based on fiction.

Then things began to get even worst for Murli. The Texas Attorney General had expanded his program to protect children from “child hunters” and almost every week people were being arrested on charges of “attempted murder” or “conspiracy to commit murder” of Charlie Brown in Internet sting operations. The media was bombarding people daily with news and pictures of these new “child hunters” that were getting caught by the police on a daily basis; people began fearing for the safety of their children since they now realized that the Internet and the streets must be crawling with these “child hunters” which is why so many of them were getting caught. The hatred for these “child hunters” was growing so much that it started to seem that anyone accused of such a crime stood no chance of a trail by an impartial jury.

The relationship between Murli and his wife was also getting worst. One time he returned from Michigan to find that his wife had changed all the locks of all the doors of his house. Now he couldn’t enter his own house without his wife’s presence. When he asked her about it, she made up a story of how she had lost her keys one day and then someone that night had tried to enter the house; the next day she changed the had all the locks changed for safety. Murli was glad that his family was safe and naively accepted the story she told him. Every time he asked for a spare key, she made some excuse, until finally it was time for him to go back to Michigan.

Murli’s trial date was near. The District Attorney had offered him eight year probation with no prison time if he pleaded guilty to conspiracy to commit murder of Charlie Brown. Murli thought that the whole thing was ridiculous. There was no Charlie Brown and therefore, he could not have attempted to kill him or even conspired to have him murdered. Murli could never plead guilty to something that he believed he never did and that he knew was based on fiction and not on facts. So he rejected the offer.

It was now November and Murli called his children from Michigan. He promised them that he would come to Texas and spend Thanksgiving holidays with them. Both of his daughters were extremely excited that their daddy would be coming home again on Thanksgiving, and then they could do all the fun things with him. Murli was also looking forward to this time. He knew that his trial was getting near and this was probably the last time he could spend with his daughters before his trial. Though he was confident of winning the case, there was still the possibility of an unexpected decision.

Murli arrived in Austin one day before Thanksgiving. He had taken a few extra days off from work for this trip so that he could be in Austin for ten days. He was so excited to see his children that he called his wife as soon as he landed on the airport. When his wife answered the phone, he told her that he was at the airport and that he would be coming home soon to see the kids. He was surprised when she told him that she was already on her way to Dallas with their daughters and that she had planned t o spend the Thanksgiving dinner with her family in Dallas. Murli was very disappointed. His wife knew very well that he was coming especially to spend the holidays with his daughters.

Murli asked his wife if she could leave the children with him in Austin and go to Dallas by herself, but she refused. However, she promised that she would bring the kids back to Austin on Friday – the day after Thanksgiving. Murli was disappointed but he told himself that at least he would still have nine whole days to spend with his daughters when they return after Thanksgiving.

Murli went to stay with a friend in Austin. On Friday, he waited anxiously for his wife’s call. But she never called. Murli got worried and tried to call her cell phone several times, but she never answered. He left messages for her and then also called her elder brother and left a message that he was worried and that they should call him soon. No one called back that Friday.

Next day Murli again called his wife several times, but no one answered the phone. Now he was very worried – he thought his family had gotten into some accident. He checked all the local newspapers and internet news to see if there had been any accidents on the road between Dallas and Austin. There were a couple of accidents, but fortunately for Murli they did not involve any of his family members. Murli was getting very worried.

Murli’s friend suggested that to relax and calm down, they both should go and watch a movie. He told Murli not to worry as he was sure that his wife would call him back soon and that everyone was okay. So the two friends went to watch a movie. As they were returning from the movie that night, Murli’s cell phone rang. It was his wife. She apologized for not keeping her promise and told Murli that she had been suffering from a terrible migraine headache for the past two days, which is why she wasn’t answering her phone. She promised him again that she would come early morning the next day. Murli told her to drive carefully and to take care of herself. He requested her to call him as soon as she gets to Austin the next day since he now had seven days left and he wanted to spend as much time with his daughters as possible.

The next morning Murli again waited for his wife’s call. But again, there was nothing. He tried calling her several times, but there was no answer. As the evening approached on his fifth day in Austin, he now realized that his wife was playing games with him. So he left his first angry message on her cell phone that Sunday night:

“I don’t know what games you are playing, but I thought you and I had agreed that no matter what happens between us, we would never use our children against each other.”

That Sunday night, Murli drove to Dallas, hoping that he could personally appeal to his mother-in-law and brothers-in-law to intervene and ask his wife to bring the children to him. But apparently his in-laws had moved to another apartment; so he didn’t find anyone. He called his eldest brother-in-law again and left a message asking him to return his call as he was now in Dallas and really wanted to see his daughters. But his brother-in-law did not reply. Now Murli was angry. He cried and left an angry message for his brother in law that he would only understand Murli’s anguish if one day his own wife runs away with his children. Murli then drove back to Austin.

He tried calling his wife again on Monday several times. But there was no answer. He left another message – as he cried – pleading with her to let him see his daughters, and not to use the children against him even if she had some vendetta against him.

Then on Tuesday Murli received a call from his wife. She was claiming that he was now too angry and that she was afraid to bring the children to him unless he calmed down. He reminded her that now he had been in town for seven days and that despite several promises from her, he still hadn’t seen his children. It was natural for him to be angry. As he described all this and cried, she told him that she would let him meet the children on Wednesday. He pleaded with her to keep her promise this time.

Wednesday, she called him around noon and asked him to wait until 5:00 PM when she would take the children from the daycare center and bring them to him. Murli decided to wait until 5 at a bookstore. 5 O’clock came and went and his wife never called him. At around 6 that evening he called her, but she was not answering her phone. He was angry again and left another angry message that she was being very unfair and that if she really wanted to involve the kids then he would fight her for child custody once his trial was over and they filed for divorce.

At around 7 O’clock Murli received a phone call from his eldest brother-in-law. He was complaining that now Murli was too angry and that his sister was afraid to meet him until he calmed down. Murli tried to explain to his brother-in-law through examples why his anger was justified:

“If you stab someone with a dagger, he will scream! You can’t ask him not to scream while the dagger is still stuck in his body. There is a simple solution to make the person stop screaming: stop stabbing him! I have been here for eight days now; I have only two more days left before I have to return to Michigan for work. I have been unable to even see my daughters! I have heard one promise after another from my wife, and still I haven’t seen my daughters. What do you expect me to do? Laugh? Of course I am angry. You can’t ask me to calm down while the dagger is still stuck in my body. Bring me my daughters and I will calm down! That is a simple solution.”

To make a long story short, Murli never got to meet his children during that trip. He left several angry messages on his wife’s answering machine threatening her with legal action as soon as his trial was over. He flew back to Michigan. As he got off the airplane, he noticed a message on his cell phone. It was from his daughters. Apparently, once his wife was sure that he had left Texas, she had decided to have his daughters call him.

Murli listened to the message:

“Daddy, we miss you! Where have you been? We thought you were coming to see us. We love you!”

Tears rolled down Murli’s face as he listened to that message. The poor girls didn’t have any clue what he had been through during this trip. He knew there was no point in calling back as his wife wouldn’t let him speak to his daughters. He had decided not to call his wife any more. He was now going to focus on his trial and deal with his divorce after the trial.

One week went by and there was absolutely no communication between him and his wife or his daughters. Then one day, he received a phone call from a police investigator in Texas. The officer told him that his wife had brought all the recorded phone messages that Murli had left on her cell phone during his visit. The officer told him how he sounded like a crying maniac on these messages. Murli argued that he hadn’t said anything illegal on those messages – he had only threatened his wife with legal action – and tried to tell the officer the whole context of those messages. The investigator would not listen to any of Murli’s arguments, and instead threatened that if Murli ever tried to contact his wife, he would revoke his bail and put him back in jail. The investigator made it very clear that he would rather believe Murli’s wife than a “child-hunter”. No “child-hunter” should deserve any fairness.

Murli decided to let this episode go. He reasoned that his wife must be doing all this under the tremendous pressure the whole family was in due to Murli’s arrest and the upcoming trial. The trial was very close now and Murli could not afford to lose focus from it. He decided to deal with his wife later. Divorce was now inevitable. But his heart softened again, and he told himself that once his trial was over he would not fight for child custody – he did not want to separate his daughters from their mother – but would settle for joint-custody because any vengeance on his part would eventually hurt his daughters. He was sure that once the trial was over his wife would agree to joint-custody instead of fighting for sole custody.

In January, Murli went back to Texas for his trial. Despite all the media attention, Murli felt that he would win the case because he had faith in the American justice system.

The trial started with the jury selection. It was a difficult phase because as soon as they were told that Murli was accused of being a “child-hunter,” most of the potential jurors were visibly angry and started staring at Murli with a look of disgust. One woman started crying and asked to be excused because her younger baby brother had been killed by a murderer, and she plainly stated that she would convict anyone accused of being a “child-hunter”. She was excused. Others felt the same, but they kept quiet.

A jury of twelve people was selected. They were all aware of the legal and logical presumption that any accused should be considered innocent until proven guilty beyond a reasonable doubt by the State. However, in reality – because Murli was accused of such a monstrous crime – most jury members had already assumed him guilty. It was now up to Murli to prove his innocence. The legal standard was completely flipped because the Texas Attorney General, the Lieutenant Governor, the media and the heroic police officers could not be wrong. If they all accused Murli of “conspiracy to commit murder” of Charlie Brown, then he must be guilty. After all, had the media and the political leaders of the country ever misled the people before?

The State presented its case. The State prosecutor produced as evidence the copies of the chat Murli had with the undercover police officer on the Internet. Then he asked Mr. John Wayne, the undercover officer, to come to the stand and testify. During cross examination, Murli’s defense attorney asked Mr. Wayne if people on these Internet chats generally tell the truth about their age, gender or identity. Mr. Wayne said that in his experience people often lie about their age, gender or identity in these chat rooms.

Then the defense attorney asked Mr. Wayne if he could tell during the chats whether Murli believed he was chatting with Charlie Brown or with someone else pretending to be Charlie Brown, and Mr. Wayne replied in the negative. When asked if he could tell whether Murli was seriously planning to kill Charlie Brown or not, Mr. Wayne again responded that he could not tell.

At this point, Murli felt happy because Mr. Wayne was the State’s primary witness. Murli’s indictment clearly stated that the State was accusing him that he “believed” he was chatting with Charlie Brown, and the judicial standards clearly state that the State must prove beyond a reasonable doubt every element of the indictment. Now the State’s star witness, who was the only person even with the smallest chance of guessing what Murli believed, had clearly stated in his testimony that he could not tell. This was reasonable doubt, and the case should have ended there. However, that never happened.

It was now the defense’s turn to present witnesses. Murli took the stand in his own defense. He explained that he often played around like that in Internet chat rooms with various people and since he agreed with Mr. Wayne that people on these Internet chats often lie, he never took anything they told him seriously. He stated clearly that he knew he wasn’t chatting with Charlie Brown, but with someone pretending to be Charlie Brown. He reminded the court about the freedom of speech that the first amendment of the US Constitution granted to the citizens of the country. Murli argued that his written text in an Internet chat room – where people often talked about whatever they felt like – about a fictional character was protected under the first amendment.

Before the trial Murli was tested by two doctors – a psychiatrist and a psychologist – to determine if he displayed any personality disorders normally associated with “child-hunters”. The two doctors were presented as witnesses and they testified that they didn’t find any character disorders associated with “child-hunters” in Murli. To the contrary, they testified that their tests showed that Murli displayed care and empathy towards children.

So far, it seemed to Murli that things were going in his favor. He had clearly explained his side of the story; the State had not provided any evidence to disprove his story; the State’s own star witness had testified that people often lie about their identity on these Internet chats, and that he couldn’t tell whether Murli believed he was chatting with Charlie Brown, or whether Murli had any real intentions of killing Charlie Brown; and finally, the testimony of the two doctors had further clarified that Murli did not display any profile characteristics of a “child-hunter”. But still Murli felt that the jury members were yet to be fully convinced of his innocence and were presuming him to be guilty, as he noticed several of them staring at him angrily.

Murli leaned towards his lawyer and whispered something in his ear. The defense attorney stood up and reminded the court of the sixth amendment of the US Constitution as well as the well established norms of international law that a defendant has the right to question any witnesses against him or any potential victims in his alleged crime.

“Your Honor! The defense would request the court to summon a witness whose testimony should clarify any doubt regarding my client’s innocence,” the defense attorney asked politely.

“And who is that witness?” the judge inquired.

“We would like to call the victim, Mr. Charlie Brown, whose murder was allegedly planned by my client, to the witness stand in accordance with the rights granted by the sixth amendment of the US Constitution and the international law to my client,” the defense attorney requested.

Silence; everyone in the court room was silent. The judge, the jury and the prosecutor – all had an expression of confusion on their faces.

“But Charlie Brown doesn’t exist! He is not a real person,” the judge replied after a long pause.

“So you are saying that my client cannot exercise his constitutional right of questioning the person he allegedly planned to murder because there is no such person?” asked the defense attorney.

“Yes, I guess,” the judge responded with a clear tone of confusion in her voice.

“So if the person is not real and doesn’t exist, is it logically possible at all for my client to attempt to kill that non-existing person?” the defense attorney asked.

“The court would like to caution the defense not to try and confuse the issue by such questioning. Child hunters are serious criminals and we need to address this problem seriously,” the judge responded with signs of agitation clear in her tone.

“But that is the question the defense is asking. Who is the actual person my client planned to murder? Who is the child my client was ‘hunting’?” asked the defense attorney.

“Well, we all know the child is Charlie Brown,” the judge replied in a matter-of-fact manner.

“Can we bring this child to the witness stand to question him?” asked the defense attorney again.

“I will not allow this line of questioning to continue anymore. This is ridiculous!” The judge was now visibly angry.

So Murli never got the chance to face the fictional character he was allegedly planning to murder. But he still thought that there was no way the jury was going to find him guilty. He got the shock of his life when the jury returned with a guilty verdict. “How could that be?” he thought. Shouldn’t he have been assumed innocent until proven guilty beyond a reasonable doubt? The State never provided any proof to establish Murli’s guilt beyond a reasonable doubt. Even the alleged victim didn’t exist.

Murli felt that he was in the Twilight Zone. He was convicted of a heinous crime, which did not have any real victim. Wasn’t the judicial system based on facts, reality and what actually happened, rather than on fiction, emotional slogans and hypothetical what-if scenarios? He pinched himself. “It must be a dream!” This was not the America he had come to almost sixteen years ago as a young student. He had been under the illusion that this was the land that respected freedom of speech and that respected its own constitution. Murli was aware that there were other countries in the world where judicial trials were actually farce and where logically flawed laws – based on fictional hypotheses rather than facts – were implemented. He never thought that such would be the case in the United States also.

The sentencing phase was no different than the guilt/innocence phase. The prosecutor, happy with the conviction success, was now rousing up jury member’s emotions further. He showed Charlie Brown’s pictures to the members of the jury and reminded them:

“You have met the victim Charlie Brown! This time we were fortunate that the monster we know as Murli was not successful in killing him because of the great work of our police officers. But what if he did succeed? He would have killed Charlie Brown. We must send a message by punishing him to the maximum so that no one in the future may attempt to kill Charlie Brown.”

The members of the jury thanked God that Murli was caught in time. They dread thinking what Murli might have done to poor Charlie Brown had the police officer not caught him just in time.
Before the trial Murli had contacted several of his friends and members of the Church group that he belonged to. He had requested them to be character witnesses for him in case he was convicted, and they all assured him that they would be there to support him. But now some of them had also started viewing him as a “child-hunter”. A few of them told Murli’s defense attorney that they were “creeped out” by this whole thing and would not really want to put their reputations on the line by being character witnesses for a “child-hunter”. Some of his friends who attended the trial and heard the chat logs read out loud where Murli had explicitly described how he would kill Charlie Brown, later expressed their disappointment with their friend Murli whom they considered guilty. They were sad to know that their friend Murli was actually guilty of “conspiracy to commit murder” as they assumed that the assumptions made by the State were correct; so even if there was no real person Charlie Brown, Murli was, in their opinion, still guilty. They never thought about checking the logical and factual validity of the State’s assumptions.
Murli was disappointed because he considered these people his friends. He was confident that these intelligent and thinking people would see through the media hype and realize that Murli never really attempted to kill anyone – it was all fiction. But, he came to realized that propaganda can make even thinking people blind to the facts and reality.

There were, however, a few friends who came to testify on his behalf. One of them was a grandfather of an 8 year old boy. He stated during his testimony that despite this conviction, he would still trust Murli with his grandchild. Another friend, who had a 4-year old daughter, testified that he had full knowledge about Murli’s case and despite that he had trusted him several times to babysit his daughter. He further stated that despite this conviction, he still believed in Murli’s innocence and that he would still trust him with his daughter.

But the members of the jury had made up their minds. They sentenced Murli to thirteen years in prison. Now Murli would not see his children for a long time and would not be able to provide them with any financial support. Murli’s old parents back in his country were not going to see him in this life again. His sick father, who was suffering from lung cancer and whose treatment was dependent upon the financial help from Murli, was now going to suffer and pay with his life. This was an exemplary punishment for Murli the great monster. His parents and children deserved what they got for being related to such a heinous monster. The members of the jury could at least now sleep with peace for making the streets of the US safer from another “child-hunter”.

“How ironic,” Murli thought. A case where originally there were no real victims, had now created at least four real victims in Murli’s children and parents. Several questions were racing through Murli’s head: Is this what justice is supposed to achieve? Who had he hurt? Why was he put in the same category as people who killed or attempted to kill real children? Why was he given such a stiff prison sentence that was even harsher than the prison sentences given to many who had actually attempted to kill real children? Was the jury really concerned about humans? Why did they then make victims out of Murli’s parents and children in a case where originally there were no real victims?

These questions were pointless. The main concern of the jury members was to put a potential murderer of their beloved Charlie Brown behind bars. Had they let him go, God only knows what monstrous act he would have committed against poor Charlie Brown.

Murli was sent to prison. He was put in “protective custody” because his case was given a lot of media attention and there were several prisoners who wanted to kill him. They didn’t care whether Murli had harmed any real children or not. As long as the label of “child-hunter” was attached to his name, he was a fair target for killing.

In protective custody, Murli was kept in isolation along with all the real dangerous murders and rapists. For “recreation” he was taken out by himself for only one hour every day in the recreation yard, tied in chains with one guard with him. One day as Murli was walking in the yard – it was always hard to walk when his feet and arms were in chains, but he would struggle and manage to walk in circles a bit – the guard on duty observed him for a while and then asked him:

“How old was the child?”

“There was no child,” Murli replied.

“What?” The guard said in disbelief.

“We were told that you were a dangerous child-hunter and we needed to be careful around you!” He continued.

With tears in his eyes, Murli explained the whole thing to him. The guard felt very sorry for Murli and told him that he couldn’t believe such a thing could ever happen in the United States of America. He wished Murli good-luck and said, “I hope you win your appeal!”

The guard must have been a closet “child-hunter” or he would not have shown sympathy to such a dangerous monster. It was obvious that the guard was lacking the great education which enabled many of the legislators, judges and prosecutors of the State of Texas to overlook the basics of logic and reality. No wonder he was just a prison guard.

Soon, Murli was transferred to another prison unit. His appeal was filed. He also hired the best parole lawyer in Texas. In about eighteen months Murli came up for parole. His lawyer was confident that since Murli had no prior criminal record and since there was no real victim in the case, he would be granted parole. To everyone’s surprise, Murli was denied parole. In their reasons for denying parole, the parole board members stated that Murli was a danger to the society and his selection of an innocent victim like Charlie Brown was evidence that if released, he would commit other monstrous acts against other fictional children.

Murli’s hopes now rested on his appeal. He had hired another lawyer to file his appeal because he had heard that after his conviction, his defense attorney – who was concerned about his own reputation – privately told several of Murli’s friends that he thought Murli was guilty. This was a shock for Murli because when he himself had asked attorney for his honest opinion prior to his trial, the attorney had replied:

“I believe you are innocent. I am not just saying that because you are my client, but I truly believe that you are innocent. The State obviously has big holes in its case.”

In his appeal, Murli’s appellate attorney had raised the obvious issue, i.e. that the State presented no evidence to prove its case beyond a reasonable doubt. However, the court of appeals denied the appeal and affirmed the conviction. In its opinion, the court of appeals neglected the clearly stated standards for performing the analysis to determine whether the State proved its case beyond a reasonable doubt or not. In fact, the court of appeals performed no analysis at all and simply stated its opinion in one paragraph, stressing that the jury was free to dismiss anything in Murli’s favor, and therefore, the conviction was affirmed.

Despite the trial and sentencing, Murli still had some confidence left in the American justice system. He thought that if the jury made a mistake, the court of appeals would certainly correct the mistake and reverse his conviction. It was clear that if the court had applied the standards of analysis, it would have no other option but to reverse the conviction. Obviously, no judge, who was looking to be re-elected in the upcoming elections, could risk freeing a “child-hunter”. The judges of the court of appeals figured that their re-election was more important than Murli’s life. It was pure commonsense that re-elections be given precedence over the innocence of a person who was going to kill a fictional character.

Murli’s appellate attorney filed a petition for discretionary review with the highest court of appeals in Texas – The Texas Court of Criminal Appeals. It required at least four judges to vote in favor of granting a review for the court to hear Murli’s appeal. Murli’s appellate attorney was very hopeful that they would be granted a review. She told Murli that because this was a new type of case and because the lower court of appeals gave such a poor opinion, disregarding the clearly stated standards of analysis outlined by The Texas Court of Criminal Appeals, that the higher court would want to review the appeal.

A few months later, however, Murli received a letter from hi appellate attorney that the Texas Court of Criminal Appeals had voted not to grant a review. These were also judges seeking re-elections. If the court granted a review, then according to the standards of analysis set by the court itself, it would have no option but to set this “child-hunter” free. And no one wanted to be remembered as “the judge who let a child-hunter go free.” Murli was now condemned to serve his sentence with no other outlet.

But this was not all. Murli was to bear further wrath from his wife – now his ex-wife. She had been telling his friends that the reason why she didn’t let Murli meet his children that Thanksgiving week was because she believed Murli was planning to kill his own daughters. One of her friends asked her what evidence she had for these allegations. She said that she had no evidence, but that she trusted her mother, who was apparently informed by God via some angel that Murli was planning to kill his own children.

“Besides, wasn’t Murli convicted of being a child-hunter, and we all know that anyone who is convicted in the court of law must be guilty,” his ex-wife explained to her friend. So, she reasoned, if Murli was planning to kill Charlie Brown, he must, by default, be also planning to kill his own children. Who could argue with such strong logic? Plus, how could she ignore the revelations received by her mother directly from God.

Murli, however, continued to try and maintain contact with his daughters. He sent several letters and cards to them hoping that his ex-wife would give them his messages and his love. His hopes were dealt a severe blow one day when he received a letter in prison from his elder daughter after about a year and a half. Murli was ecstatic with happiness to receive the letter from his daughter. But when he read the letter his heart broke into a million pieces. Someone had been putting lies and false memories in his daughter’s head. In the letter, she wrote in broken English how she wanted him to remember when he planned to kill her and her younger sister. In the brief letter, the 7-year old then urged Murli to seek God’s forgiveness for planning to kill his two children. This apparently mature message – which was obviously dictated to his daughter by someone – abruptly ended with “Daddy, I miss you and I love you. Please come soon!”

Murli just sat there staring at the letter – tears flowing down his cheeks. He couldn’t believe what he was reading. It was bad enough that he had been accused of planning to kill his own children by his ex-wife, but that such an idea would be implanted in the mind of his young daughter was completely unbelievable. It was a very low blow from his wife – it hurt him more than anything in the world, including his conviction and incarceration. He cried for the next several days. How could his daughter have memories of something that never happened?

The answer came to him a few months later when he read an article in the Newsweek magazine. It stated:

“’The profession [of psychotherapy] hasn’t shown much interest in the problem of treatments that can be harmful,’ says psychology professor Scott Lilienfeld of Emory University.’ Of the few psychotherapies that have been tested for safety, too many cause harm to at least some patients.’
“The failure to heed Hippocrates reflects the assumption that psychotherapy is, at worst, innocuous. That naïve trust should have been blown out of the water when ‘recovered memory’ therapy actually created false memories, often of childhood sexual abuse, tearing families apart.” 
(Sharon Begley – “Get Shrunk at Your Own Risk” – Newsweek, June 18, 2007)

Murli was now getting the answer. If even adults can be made to have false memories through psycho-suggestion, how easy could it be to have the impressionable mind of a 6 or 7 year old to “remember” things that never happened? Murli now realized that the so-called ”memory” of his daughter of him planning to kill her and her younger sister was implanted in her innocent mind by his ex-wife, her mother, or some psychotherapist. This revelation, however, did not do anything to reduce the hurt caused by that letter; in the years to come, just the thought of that letter from his daughter would bring tears to Murli’s eyes. But he could do nothing from the prison to dispel these false memories from his daughter’s mind. She would now suffer the psychological consequences for the rest of her life due to her mother’s paranoia and lies.

Dear reader, if you think that this story of Murli Chandra is too unbelievable, then read on. You will see that the story has taken place in American history before, and more importantly, it is taking place even today in various states throughout the US.

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Background

Posted by ntabrez on July 31, 2008

I came to the United States from Pakistan in 1989 to go to college. I studied at an Ivy League University and specialized in mathematics. In 1996, while I was still working on my Ph.D. thesis, I got married. I started working as a computer software consultant in the field of “Business Intelligence”. I had my first daughter in 1999 and my second daughter in 2001.
There were problems in my marriage. After the birth of our first child in 1999, my wife and I had some adjustment problems. We were living in New Jersey and there was no family support for either of us over there. I had just started a new job as a consultant. My company was unable to find me a project to work on and I had been on the bench for almost 6 months – getting paid to do nothing. Around the time my daughter was born, my boss told me that if the company is unable to find a project for me very soon, they might lay me off. Being the only breadwinner in the house – and now having a baby to provide for – this was a very depressing news for me. My wife was also going through hormonal changes due to the pregnancy. All this compounded to a lot of misunderstandings and disputes. It was nobody’s fault in particular. We were both still young and with no one to support and guide us through this change – and with financial and hormonal problems – things only got worst between me and my wife.

A few years later I actually read an article in a medical journal that after the birth of a child many couples go through a rough period because of the sudden change in eth dynamics of the relationship. However, at the time neither of us knew that. Her family started pressuring her to divorce me, but my mother who visited us briefly tried to mend things between us and for the time being divorce was avoided. But we never really recovered from the bitterness of that time. The problems we had never got resolved and it left a bad taste in everyone’s mouth.

In 2000, we moved to Austin, Texas, where we were closer to my wife’s family. Since the differences between her family and me were never really resolved, we started having problems again. By the time my wife was pregnant with our second child, she and I had almost lost all the love that we once shared for each other.
I have given this background not to find any excuses or justifications for my mistakes that followed, but to give the context in which things took place. No human being is pure evil or pure good. We all have good as well as bad aspects of our characters. Therefore, it is important to understand the context before the readers jump to conclusions.

Now I was in a dilemma. I loved my daughters very much, but my marriage was a failure. My wife and I were living in the same house like strangers. I did not know how to resolve the situation. I didn’t want a divorce because I didn’t want my daughters to go through the pain of a broken home; yet marital relations between me and my wife were almost non-existent. It was around that time that I got involved in Internet chats.

It started very innocently. I would be at work, and did not feel like going home to my wife after work. So I would start chatting about sports on Yahoo Chats with various people. Since there was almost no communication between me and my wife, I felt happy to chat with people on the Internet.

Soon I discovered that people on the Internet were not just chatting about sports, but also about politics, religion, sex and every other activity known to humankind. I started chatting with various women – or, at least I thought they were women since you can’t really tell for sure who you are chatting with on the Internet. It was then that subconsciously I realized that perhaps I could hold on to my marriage for the sake of my kids and still enjoy female company. I am the first to say now that it was an extremely stupid reasoning. It was my biggest mistake. It was dishonest and unfair to my wife. I should have been open with her and should have either tried to resolve our problems or should have gotten a divorce. But hindsight is 20/20, and at that time I decided upon a course that not only hurt me, but also ended up hurting my family.

My chats with women on the Internet were about all sorts of things: religion, poetry, philosophy, politics and sex. Slowly, I started getting more involved in cybersex and the whole world of the Internet fantasies. During the two years that I was involved in this type of lifestyle, I chatted with thousands of women, and also met with several of them in person. Some of these personal meetings were merely to have lunch with and enjoy a conversation. But there were other women that I had affairs with.

From my experiences during my chats – and also from some of the personal meetings I had with some of the women – I realized that people often lie about themselves – their age, appearance, and sometimes even their gender – on the Internet. The deeper I got involved in that world, the more normal all the lying started to seem. I too started lying about my age and my appearance. The world of the Internet is a world where people feel free to assume any role, and to virtually live out their fantasies without ever having to specify that they are role-playing – that was assumed. In fact, in the beginning, when I would be chatting with a woman and she would start saying things that I didn’t realize were part of an undeclared fantasy, I would ask her about it. For example, one time this woman on the Internet told me that she wanted to be “raped”. From what I know about rape, it is a horrible thing that can happen to any person. So I asked her, “is this just a fantasy of yours or do you really want to get raped?” She got upset with me for “ruining the whole thing” for her. There were several such incidents where I “ruined” other people’s fantasies by actually identifying them as fantasies on the Internet. Soon, I learned to just play along and not ask too many questions.

Before I go about describing the details of my particular case, it is important for people to understand the concept of a Yahoo Profile. Yahoo, like other chat services, provides users with an identification webpage. On Yahoo, this page contains information like “Yahoo ID,” “Real Name,” “Nick name,” “Location,” “Age” and some other information. All this information, except for “Yahoo ID” is optional. That means that a person doesn’t have to fill any of those other fields out unless he/she wants to let other chatters know information about himself/herself. For example, if a chatter lives in Austin, and wishes other people to know that he is from Austin, he would put “Austin, Texas” in the “Location” field of his Yahoo profile. Now other chatters can look at his profile and know that he is from Austin, Texas.

There are two ways to view a person’s profile on Yahoo chats: One is to open the detailed profile webpage, and the other is to simply point the cursor at a person’s “Nickname” in the chat room and his gender, location and age from his profile will be detailed. Here is an example:

 

 

Here, just by pointing the cursor on the person whose nickname is “Ash” we get the following information:

1. The person’s Yahoo ID is ashley032283.
2. The person’s Gender is Female.
3. The person’s Age is 20.
4. The person’s Location is Austin, Texas.
5. The person has been idle for 2 minutes and 19 seconds.

Besides these five pieces of information, no other information from this person’s profile is displayed in this second shortcut method of viewing the profile. Of these, items 2 through 4 are optional.

I mostly used this second shortcut method to view the person’s profile. I would only open the detailed profile page just to quickly check if the person had any pictures. If there were no pictures, I would just shut the webpage close.

During my two years on the chat, a few times I chatted with people who claimed to be underage girls. It was not that I was looking for underage girls, but if a chatter in a chat room had a female sounding Nickname, I would say “Hi” and chat. If I then discovered through her profile that in the “Age” field she had entered an age less than 18, I would immediately stop chatting with her. Since the “Age” field is optional, many chatters leave it blank also, in which case there is really no way to tell how old the person you are chatting with is. However, I had developed my own checks to verify if the person was telling me the truth about her age or not.

One of the tests was to ask the person for a picture. Most people who have downloaded their pictures on their computers have more than one personal picture on the computer. Often people who are not telling the truth about themselves have either no pictures or just one picture – usually a fake picture of someone else that they downloaded from the Internet. Since I was married and wanted to conceal my identity, I myself had one fake picture – that I downloaded from the Internet – that I would give to people I chatted with. If people asked me for more, I would give some excuse. Similarly, if I asked a person for a picture and she sent me one picture, I would always ask for a second picture. If the person gave me some excuse, I assumed that the first picture was fake and not of the person I was chatting with. Though not 100% foolproof – nothing on the Internet is 100% foolproof – this test was based on several of my personal experiences. There had been several occasions where a person I was chatting with sent me just one picture and could not provide another picture, and then when I met her in person, I realized that she was not the same person on the picture.

Besides these checks that I had personally developed, there is absolutely no other way to determine who you are actually chatting with on the Internet. One time during the beginning of my chatting experience, I was chatting with a person who claimed to be a 15 years old girl and wanted to be “spanked by a teacher.” I was uneasy about her age and didn’t want to do anything illegal; I checked her profile, which stated her age in the “Age” field as 30. I then realized that it was probably some adult woman who wanted to do some role-playing. But to be sure, I asked, “You are actually 30, aren’t you?” She got angry with me for “ruining” her fantasy. This, along with some other experiences taught me that people just want me to play along with their fantasies rather than identify them as fantasies – they wanted it to sound as real as possible.

In October of 2002, I started chatting with a person (I will call her “Lisa” to protect her real identity) who told me during the chats that she was 19 years old – the “Age” field on her yahoo profile was blank. We chatted a few times and then decided to meet. She lived in a town about 45 minutes from Austin. I went there and met her at a pre-arranged location. When I saw her I was greatly alarmed by her youthful appearance – she looked like she was 15 or 16 years old. I and immediately asked her to show me a picture ID confirming her age as 19. At first she thought I was joking and she started laughing. I demanded to see an ID again, explaining to her that I didn’t want to do anything illegal and therefore, before I get involved with her, I needed to make sure that she was not underage. She became a little offended, but finally did show me her Texas State issued photo-ID that confirmed her age as 19. This was the only time that I met with someone who seemed like an underage girl. In reality, I never met any underage girls during those two years.

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The Arrest

Posted by ntabrez on July 31, 2008

In June of 2003, I was on a yahoo chat group called “Romance Sucks” under the user group of “Texas”. There I chatted with several people. One of eth people on that chat group was named “Amy”. I started chatting with “her”. I had quickly checked her Yahoo profile through the shortcut method and, as explained above, it showed me only the following information:
The person’s Yahoo ID was amy512817.
The person’s Gender was Female.
The person’s Age was 18.
The person’s Location was Austin, Texas.
And the idle time, which I don’t remember now.

So I started chatting with this person. Soon the chat turned sexual. At this point “Amy” told me that “she” was actually 13. Based on my past experience and the fact that “she” had deliberately showed her age in the optional “Age” field of her profile as 18, I assumed that this was yet another case of some woman wanting to role-play. At some point I think I also opened “her” full yahoo profile page to see if “she” had any picture on it. Here is what I saw on my screen: 

 


There was no photo on “her” profile and again it showed “Her” age as 18. Not seeing any photo, I quickly closed “her” page and continued to chat with “her” and play along with “her” fantasy. The way “she” chatted also gave me the indication that I was chatting with an adult instead of a 13 year old. Towards the end of that chat “Amy” gave me “her” e-mail address and asked me to contact “her” via e-mail later. I didn’t have any intentions of contacting this person again because for me it was, like many others of my chats, a one-time online chat thing. So, I never contacted “her” after that.Two and a half weeks passed by and I had even forgotten about this person. One day, while I was on Yahoo chats, suddenly I received a message from “Amy”. So we started chatting again. I was still thinking that I was chatting with an adult woman. In fact, at the beginning of this chat, the following took place:
maninaustin2003 (that was me): How old are u?
amy512817: Don’t you remember?
maninaustin2003: 18 I think.

At this point “Amy” told me again that “she” was 13. I still didn’t believe “her”. To check further, I asked “her” for a picture. “She” sent me a picture of a girl who seemed like a teenager – it was hard to determine the age from the picture. So, to confirm if it were “her” real picture or a fake picture, I asked “her” to send me another picture. “She” gave me some excuse for not having another picture. At that point I was sure that “she” was lying to me about “her” picture, and that “she” was not 13 but 18 or older. I any case, we continued to chat. We also talked about meeting in person. This was on a Monday, and I had a meeting for work later, plus I was still thinking of this only as cybersex where people often talk about “meeting in person” and doing things to each other – all part of a fantasy and role-playing. At one point “she” told me that “she” had an older sister who was 18. I asked “her” what “her” sister looked like and “she” replied:

amy512827: she is 18 and about 5’8”…don’t know how much she weighs…dark blonde hair, brn eyes…big boobies…she is in real good shape.

At that point I was thinking that “Amy” was describing herself.

In any case, we decided to log back on Yahoo chat in two days (on Wednesday) and then plan an actual meeting on Wednesday. I never logged on Yahoo that Wednesday and never contacted “her”. Two weeks passed by and I had again forgotten about “her”. Then on July 10th, I was on Yahoo chats when “Amy” yet again initiated contact with me. This time “she” seemed very angry and upset at me for not contacting her on that Wednesday. She started off by accusing me, “…u lied to me…” I was taken by surprise by this sudden aggressive message. I replied:

maninaustin2003: what?
maninaustin2003: how?

But then I realized who this person was and so I lied and this is what followed next:

maninaustin2003: u never came on yahoo the day we were supposed to meet.
amy512817: bs…
maninaustin2003: I am serious
maninaustin2003: I waited for u
maninaustin2003: all day
amy512817: I got on everyday to look for u…u lied

At that point I realized that this person was actually expecting a real meeting and was looking for more than just cybersex. So, to calm her anger, I suggested a meeting that day for real. At this suggestion “she” said:

amy512817: ya right…I was planning to be there and u didn’t even leave me a message or anything…that was rude…why would u do that?

Being so aggressive, this person kept putting me on the defensive. Now I was thinking that perhaps I should meet her for real to calm her down. So, I replied:

maninaustin2003: I am sorry
maninaustin2003: u have a new pic of urself?
amy512817: no…I gave I 1 already
maninaustin2003: u have more?
amy512817: nope.

Now having carried out my own check once again I was sure that “she” was lying to me about “her” age and “her” picture. On the other hand “Amy” wanted to make sure that this time I keep my promise and meet her; so “she” continued with her aggressiveness to put me in a corner:

amy512817: I was nice to u and honest with u and u treated me like crap…u lied and led me on…
maninaustin2003: I am sorry
maninaustin2003: I didn’t lie

So, now totally defensive and in a corner, I asked “her” to meet me. “She” replied:

amy512827: r u gonna b honest with me this time.
maninaustin2003: yes I am honest
amy512817: where

At this point I would like to ask the readers that if this conversation was taking place between two people, which of the two people would look like the one soliciting and pressuring for the meeting? Who is soliciting who? As is obvious from these examples – which can be verified by anyone through court records if one is interested – “Amy” was the one who was constantly and aggressively putting me on the defensive, accusing me of lying to her and being dishonest for not meeting her on previous occasions. “She” was the one who was soliciting a meeting.
For sure I did say many sexual things during the 3 chats, but the whole context as well as my background on the Internet chats should explain what was going through my mind. “Her” aggressive style and accusations at the beginning of the third chat – which, like the second chat was initiated by “her” – were confirmations in my mind that “she” was an adult.

A person who simply reads about my case may say that no matter what, it was my mistake that despite “her” telling me that “she” was underage, I continued to talk with her and also agreed to meet her. I admit that my behavior was irresponsible and stupid, but if one analyzes the behavior in the context of the following one would be able to see what mindset I was working under:

- I had been having such role-playing chats on the Internet for two years, and I was operating in that context. 
- “Amy” had specially gone to “her” profile page and edited the optional “Age” field to tell the other chatters that “she” was 18.
- I performed my own checks and according to them, “she” was not underage and was an adult.
- After the first chat it was “Amy” who always initiated contact with me.
- In the 3rd chat, “she” was very aggressive and angry and pressured me to make sure that I meet her in person.

Also, I want to make it clear that just because I made a mistake that doesn’t mean that I now have to accept every illogical thing piled on me. Just because I made a mistake, doesn’t mean that I have to accept that 2+2 = 5. Just because I made a mistake, doesn’t mean that I solicited a non-existent minor. Logical fallacy is never acceptable regardless of what mistake one party has made.

In any case, on July 10th, 2003, after this third chat where “Amy” insisted upon meeting for real, I went to meet “her” at a pre-arranged location. When I arrived at the place, there was no “Amy”; instead, I was met by a bunch of police cars that surrounded my car. I was arrested and charged with “Criminal Solicitation of Minor”. “Amy” turned out to be a male, 40-plus years old police officer, Captain David Torsiello, who had been pretending to be “Amy” on the chats. In fact I was right. I had correctly assessed that “Amy” was not an underage person but an adult, which was exactly what the case was.

 
 

 

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Before The Trial

Posted by ntabrez on July 31, 2008

The next day I was released on bail, and I hired a defense attorney. Finally, my wife also found out that I had been unfaithful to her. I lost my job. For two months I was jobless. I did have several successful job interviews, but eventually my potential employers would find out about my arrest and charge. This resulted in a couple of job-offers being withdrawn. I explained to these potential employers that I was not guilty, but they assumed from the nature of the charge that I must guilty. My family fell under heavy financial hardships, and needless to say that my marriage was almost over. Though my wife believed me that I was expecting an adult when I went to meet “Amy”, she was naturally heartbroken about my infidelity.A couple of months later I found a contract job in Michigan and left my wife and daughters in Austin to work in Michigan. My wife and I had talked about counseling and potential mending of relations, but my financially-forced move away from her proved to be the deciding factor in our separation, and ultimately our divorce.
In the meantime, the DA’s office in Austin had assumed my guilt and started the plea-bargain process. I had already informed my defense attorney that since I am not guilty of the charge, I will not plead guilty to anything. Instead, at the suggestion of my attorney, I wrote a detailed letter to the DA’s office explaining my background on the Internet chats and the context in which my chats with “Amy” took place. Since at that point I did not have the chat logs, I tried to explain the various things about the chats from memory. I explained how I have experienced people lying and role-playing on the Internet and how I arrived at the conclusion that “Amy” must have been adult. I explained that the “Age” field on the Yahoo profile is an optional field and the only time I have seen people fill that out is when they want other chatters to know their actual age; and since “Amy” had put down “her” age as 18 there, I assumed that “she” was an adult. Further, I explained to him about my personal checks by asking for additional pictures. I told him that though at one point the thought that “Amy” might actually be a minor did cross my mind, but I never actually believed it; I tossed the thought away after seeing “her” age as 18 on her profile, and after “she” did not send me a second picture. This, coupled with the way “she” chatted, and especially her aggressive push to meet during the third chat, convinced me that “she” was an adult.

After I moved to Michigan, my defense attorney suggested that I find a reliable polygraph (lie-detector) examiner and take the test so that if I am speaking the truth, it can be seen in the test. I searched the yellow pages and found and experienced polygraph examiner – R.E.M. Polygraph – who, according to her resume, had been conducting polygraphs since 1980 and had conducted over 8000 exams till then. The results of the polygraph tests came out in my favor. Here are some parts of the results of the polygraph exam:

EXAMINATION QUESTIONS: The following relevant questions were asked during the instrumental phase of the examination:

This past July 10th, did you make that date with “Amy” knowing she was a minor?
On July 10th, did you personally intend to meet with “Amy” believing she was a minor?
On July 10th, did you think you would be meeting a minor at that ball park in question?
Did you as an adult have any sexual encounter with a minor?

(All relevant questions were answered with a “NO”)

EXAMINATION RESULTS: From Naveed’s polygraph responses of “NO” to the above relevant questions and from the polygrams conducted, it is the opinion of this examiner that he did not exhibit the consistent significant physiological reactions which indicate deception. He appears truthful to the relevant questions in this exam.”
Here are some excerpts the Psychiatric evaluation:

“On September 24, 2003, I spent two and a half hours in clinical examinations of Mr. Shams. During this time I reviewed his sexual history in detail, finding nothing out of the ordinary in regard to sexual practices… There is no history of substance abuse problems… Mr. Shams’ affection for his young daughters (ages 4 and 2 at that time) is quite evident and appropriate.”

The psychiatrist had given me two tests to look for the special personality disorders common among child-molesters. The doctor summarized the two tests as follows:

According to the “Minnesota Multiphasic Personality Inventory 2” I was described as someone who in “Interpersonal Relations” was deemed to be “quite outgoing and sociable,” having a “strong need to be around others, he us gregarious and enjoys attention.” In other words, unlike those who have the obsessive-compulsive personality disorder, or paraphilic child molestation disorder, I was not an isolationist shying away from adult social relationships.

According to the “Millon Clinical Multi-Axial Inventory – III” test , “The MCMI – III profile of this man is generally typified by a well-balanced, easy going personal style. Although he evinces a desire for the esteem of others, these needs are pursued in a socially acceptable manner.” In other words, I was not the kind of person who has a polarized personality, fixated on control of others. According to the doctor’s report, “Although no Axis I clinical syndromes were suggested by the diagnostic profile, Mr. Shams’ personality configuration was that of a Histrionic Personality Disorder with Narcissistic Personality Features.” In other words, though the doctor didn’t find any personality disorders associated with child-molesters, he found another personality disorder whereby I tend to believe that no matter what the problem is, I can figure it out. This theme also occurred in the later tests conducted by the Psychologist.

The psychologist conducted three projective psychological tests – “Incomplete Sentences Blank Revised” (RISB), “Thematic Apperception Test” (TAT), and the “Rorschach Inkblots”. Here are some excerpts from the psychologist’s report:

“Mr. Shams’ response to the items on the RISB are not indicative of psychopathology… The items indicate an individual who is inclined to follow rules and to experience considerable guilt when he breaks rules. Evident is an individual who has a wide variety of interests, enjoys other adults, is empathic towards others, and is nurturing as a father. While Mr. Shams’ responses indicate that he is likely to be quick to come to the aid of others, he is less inclined to ask others for help. He tends to believe that with hard work he can solve any problems he encounters in his life.”The results of the TAT yield stories appropriate to the stimulus materials. Evident are themes of positive adult relationships… Evident themes do not include issues of control or manipulation. Evident themes do include qualities of being understanding of and nurturing towards children.

“The results of the Rorschach yield evidence of good personality integration. Evident is an individual who overall has good impulse control and an individual who will use fantasy to deal with impulses. Evident also is a person who can and will use fantasy in a creative, problem solving way.”
In other words, the three tests indicated that I had a personality where I was nurturing towards children, had adult interests and was unlikely to ask others for help. Instead I used fantasy to solve my problems. This is exactly what happened in my life. I was having problems in my marriage and instead of seeking help from others, I resorted to the fantasy life finding escape in the fantasy of the cyber world.
The psychologist continued to summarize the results of the three tests :

“The results of the projective tests are significant both for what is evident and for what is not evident.”Evident is a bright individual who is creative in dealing with issues and problems in everyday life… Evident is a man who is mature in his interactions with others and who demonstrates adult interests and an adult perspective on human relationships and interaction. His impulse control and control over emotions, even strong emotions, is good… He tends to use fantasy as a way of problem solving and as a way of emotional release…

“Mr. Shams demonstrates a strong sense of right and wrong and desires to do what is right… he does not appear to be fixated in early developmental stages of life and displays appropriate adult interests. He does not display an inappropriate interest in children. Rather he consistently displays an empathic understanding of children as well as protective qualities towards children.

“… There is no evidence of an individual with poor impulse control. There is no evidence of an individual with anti-social or psychopathic tendencies. There is no evidence to suggest that Mr. Shams is sadistic or unduly focused on controlling others. He does not display either a conscious or an unconscious desire to control others for his own satisfaction. He does not display an avoidance of adult interaction or adult relationships. He does not display poor impulse control.”
These results that not only do I consciously or subconsciously not display the characteristics – poor impulse control, lack of empathy for children, desire to control others, avoidance of adult social relationships, fixation on childhood development stages, etc – that are common in child-molesters, but that I actually display the opposite characteristics – good impulse control, empathy for children, no desire to control others, interest in adult relationship, no fixation on childhood development stages, etc – that are not found in child-molesters. In fact, lack of empathy for children is one of the major personality disorders that child-molesters share. That is why modern psychological treatments for child-molesters focus on creating empathy towards children.

“The utter lack of empathy for their victims is one of the main focuses of new treatments being devised for child molesters and other such offenders.”

[Daniel Goleman – "Emotional Intelligence – why it can matter more than IQ" – 1997, p.107]

The reports of the two doctors along with the results of the polygraph examination were submitted by my attorney to the DA’s office in Austin. One assistant DA who was on the case in the beginning told my attorney that she had never seen such good reports from psychological evaluations for anyone accused of any crimes against children. Despite that she urged my attorney to convince me to accept a plea-bargain and accept probation. I rejected that offer. Later, a second assistant DA who ended up prosecuting me told my attorney that he didn’t think I displayed characteristics of a typical child-molester. He too pressured me to accept a plea-bargain and offered an 8 year probation with no prison time. Again I rejected the offer because I was not guilty of what they charged me with.

During the time before my trial I also contacted “Lisa” – the 19 year old girl I had demanded the photo ID from when I met her (in 2002 )and suspected that she was underage. I informed her of what had happened to me. Though initially she was upset at me for not contacting her for so long, she agreed that she would testify on my behalf in the court about our meeting when I had asked her for her ID. She also wrote a letter to the DA’s office, describing the incident.

The reason why I contacted “Lisa” and why the incident with her was important was that it showed how I behaved when I suspected the person was underage. The whole case against me was built on the fictional character of “Amy” and the hypothesis that if “Amy” had been a real minor, I would have committed “aggravated sexual assault”. To counter this fictional hypothesis, I wanted to bring a factual event that showed how I actually did behave when I suspected the person I was meeting was a minor. Had I been a real “Internet child predator” – as I was called in the media – I would have been delighted to meet “Lisa” and to think that she was a minor. No police was watching me then. But my reaction was completely opposite. I was alarmed and refused to have any contact with her unless she showed me a valid photo ID verifying her age as 19. Therefore, I argued, had “Amy” turned out to be real minor, I would have left her without any contact as I did do in a factual incident with “Lisa”.

Before my arrest I had been part of a Theological Discussion group in Austin for a while. Most of the people in that group were Christians belonging to a local church. After my arrest several of my friends as well as several members of the Theological discussion group also wrote letters to the DA’s office vying for my innocence and emphasizing that despite these charges against me, they would still trust me with their children and grandchildren.

None of this made any difference. The DA, under political pressure from the Texas Attorney General’s office, presumed my guilt and continued pressuring me for a guilty plea. I continued to refuse. Finally, after 18 months of my arrest my case went to court for trial in January of 2005.
 

 

 

 
 

 

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The Trial

Posted by ntabrez on July 31, 2008

On Monday, the 18th of January, jury selection began. That was the first time I realized that instead of assuming that I was innocent until proven guilty, most of the potential jury members had already assumed me guilty once they became aware of the charge against me – I could feel their contempt as they stared at me in anger. There were a couple of people who saw through the logical problems with the state’s case. One of them objected that since the whole interaction between “Amy” and I took place over the Internet, how can anyone be sure that I believed I was chatting with a minor. Another person objected that it seemed like a trap since the police officer lied and pretended to be a minor. A third person simply reminded everyone that the accused is supposed to be innocent until proven guilty beyond a reasonable doubt. Besides these three, the rest of them either stayed quiet and stared at me with contempt, or spoke against me. One woman started crying and stated that she was molested as a child and that if she ended up on the jury it must be because God put her there for a purpose – i.e. to convict me. Everyone looked at her with sympathy. The stares then returned to me even angrier than before.The jury selection process allowed 10 peremptory strikes each to the defense and the prosecution respectively; meaning that the defense and the prosecution could strike 10 potential jurors out of contention without any reason. Besides that, they could also object to other jurors and ask the court to strike them for cause. For example, if a juror stated that he believed the accused was guilty already, and that he was unlikely to change his mind about it, that person could be struck for cause without using a peremptory strike. Similarly, if a person is related to the defendant or knows him, he would be struck for cause without wasting any peremptory strikes.

My defense attorney made several errors during this process. One person, Mr. Vasquez clearly said that he already believed I was guilty. He should have been struck for cause, but my defense attorney didn’t ask the judge for that; instead, he wasted one of our 10 peremptory strikes to get rid of Mr. Vasquez. One police officer – who must have had sympathy for the sting operation carried out by his colleagues – should also have been struck for cause, but my defense attorney didn’t object and also didn’t strike him out using a peremptory strike. The police officer ended up on the final jury of 12.

There were two prosecutors during the trial – Patrick McNelis from the DA’s office and John Saba assisting him from the Attorney General’s office. One person during jury selection indicated that he was an acquaintance of John Saba. He too should have been struck for cause, but my attorney never objected to it and therefore, he too ended up on the jury.

Another person, Mr. Torsiero, stated that if I am found guilty he would not consider probation but would want me in prison. The law with regards to jury selection requires that all members of the jury must be willing to consider the full range of punishment (which, in my case included probation); otherwise they could not be on the jury. Several times Mr. Torsiero was asked by the judge and the prosecutors if he would consider probation at all and he continued to say no. Then, when pressured again by the prosecutor and reminded that he can’t be on the jury unless he was willing to consider the full range of punishment, he reluctantly agreed, stating that he would consider probation only if it were a “matter of national security.” Everyone knew that my case had nothing to do with “national security” and that this person made that unreasonable condition only to qualify as a juror. The law requires people to consider the full range of punishments without any pre-stated conditions. This person should have been struck for cause, but again my defense attorney did not object and the person ended up on the jury.

At that point I was not well versed in laws and trusted the judgment of my defense attorney. Later, when I did my own investigation and also when my appellate attorney pointed out, I realized that my defense attorney made serious errors during the jury selection process. In a personal letter to me, my appellate attorney told me that in her opinion several of the people who ended up on the jury should never have been on the jury. She pointed out that some of the people who should have been struck for cause were not struck for cause and instead, my defense attorney wasted peremptory strikes on them; in other cases he didn’t strike them at all. However, since my defense never objected to the final jury, my appellate attorney was unable to bring that up during the appeal process.

Coming back to my trial, the 12 members – several of whom should never have been there – of the jury were finally selected. Right at the beginning my constitutional rights granted by the 6th Amendment of the US Constitution were violated. It says:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury…” [http://www.archives.gov/national-archives-experience/charter s/bill_of_rights_transcript.html]

That same afternoon, the trial began. The state presented its main witness, Captain Torsiello, who had pretended to be “Amy” with me on the chats. The prosecutor and the witness read the entire text of the three chats in front of the jury, with the prosecutor representing maninaustin2003 (me) and Capt. Torsiello representing “Amy”. Right away the evidence was being distorted. The chats were presented before the jury in verbal form – with full verbal expressions for dramatic effects – as if the conversation between “Amy” and I took place either in person or on the telephone, with Torsiello talking in an innocent tone of a 13 year old while the prosecutor speaking like an adult who was looking for a prey. This completely changed the very nature and character of the state’s only relevant piece of evidence. The actual chats were not verbal, but written without any verbal clues or expression. I had no other clue to interpret the text in front of me except my past experience on the Internet and the clues given by “Amy’s” profile, which stated her age to be 18.

The very presentation of the key evidence in a false manner of verbal conversation created bias against me. I was not aware enough of the legal issues then and relied completely on my defense attorney, who never objected to this prejudicial and false misrepresentation of the key piece of evidence against me. Again, since he never objected, my appellate attorney later could not bring up this issue in my appeal.

When it was the turn of the defense to cross-examine Capt. Torsiello, he was asked if he knew whether people lied about themselves on these Internet chats, he acknowledged that they did [R.R. IV, p.28]. When he was asked if during the chats he could tell whether I believed I was talking to a 13 year old or an 18 year old, and he replied that he couldn’t tell [R.R. IV p.46].

Let us pause here and examine these two points carefully, for they expose the flaws in the entire case against me. The statute under which I was arrested and was being prosecuted states that the person accused of “criminal solicitation of a minor” must believe that he was talking to a minor regardless of whether the person he is talking to is a minor or not. First of all, the language of the statute is nothing but a classical case of semantic gymnastics to create a law that somehow tries to avoid the obvious logical flaw that if a person does not solicit an actual minor then regardless of what he believed, he did not solicit a minor. That flaw is obvious and straightforward. The flaw can be shown through many simple examples. Here are a couple of comical ones that illustrate the logical fallacy.

  • Suppose a person hates the comic character of Charlie Brown and states that he wants to kill Charlie Brown. Can that person be charged with planning or threatening a murder regardless of whether he believed Charlie Brown was a real person or a cartoon character? Whether he believed that Charlie Brown was a real person is irrelevant because Charlie Brown is in reality not a real person. Similarly, regardless of whether a person believes that the person he is soliciting is a minor or not, he is actually not soliciting a minor if the person he is soliciting is in reality not a minor. The personal belief of the accused becomes irrelevant in the face of facts and reality.
     
  • Suppose a man believes that he is actually a woman and is pregnant. He sues his employer for sexual discrimination when he is denied maternal leave. Would his law suit hold? Of course, not. The reason is simple. Regardless of whether the man believes he is a women and/or is pregnant, the reality and the fact is that he is actually neither a woman nor pregnant. He cannot stand in front of the judge and argue that since he believes he is a pregnant woman, he must be treated as such. The judge will throw him out of the court in the face of the obvious facts. Further, he will most likely be classified as insane. Similarly, whether a person believes he is soliciting a minor or not, if the person he is soliciting is not a minor, his belief is absolutely irrelevant. The people who have legislated and accepted the statute are perhaps suffering from the same mental disorder that the man in this example who believes himself to be a pregnant woman.

Hopefully, these two examples illustrate the basic logical fallacy inherent in the statute. It is for this reason that at least a couple of judges have thrown such “solicitation of minor” cases out of court because of the fact that no minor was actually involved. So, to get around this, several states in the U.S. have resorted to semantic gymnastics to try and hide the fallacy by stating that if the person believed he was soliciting a minor, then he will be charged as such regardless of whether the person solicited was a minor or not.

Besides this obvious logical contradiction, the statute also suffers from another flaw. How can the state prove beyond a reasonable doubt what another person actually believed? How can you objectively prove anyone’s beliefs and that too without a reasonable doubt? That is a logical impossibility. Remember, “Justice” is “based on facts and objective real existence of actual things”. One cannot possibly prove someone’s beliefs objectively.

These flaws are obvious to anyone who has the very basic knowledge of logic 101. But in their witch-hunt enthusiasm, many legislators as well as judges in the U.S. have over looked these two obvious logical contradictions in the statute, and continue to prosecute and convict witches based on logical fallacies.

Coming back to my trial, the star witness of the state, Capt. Torsiello, who was potentially the only person in any position to judge whether I believed “Amy” to be a minor, stated clearly in his testimony that he couldn’t tell whether I believed “Amy” to be a minor or not. The law requires the state to prove all elements of the indictment without a reasonable doubt. Since my indictment stated that I must have believed “Amy” to be 13, the burden was on the state to prove that without any reasonable doubt. Now, the only person who was in any situation to make any judgments regarding my beliefs about “Amy’s” age, was expressing clear doubt regarding my belief. That should have been the end of the case right then and there.

Not only that, but the state’s star witness also confirmed my defense that people on the Internet chats often lie about their age, and therefore, I had no reason to believe “Amy” when “she” told me that “she” was 13 – especially in the light of the fact that “she” stated her age as 18 on “her” yahoo profile and that in my experience on the Internet chats, I had found people to lie about their age (exactly as Capt. Torsiello confirmed).

The trial should have ended here had the principle of innocent until proven guilty beyond a reasonable doubt had been followed and had the burden of proving guilt beyond a reasonable doubt been put – as it should have been – on the state. However, in reality, and true to the traditions of witch hunts, the burden of proving my innocence was put on me, while the jury and the judge had already presumed me guilty until proven innocent in their minds.

After Capt. Torsiello’s testimony, the state brought irrelevant witnesses to the stand. One police officer described how state agencies in collaboration with a federal agency as well as local police tracked my movements from my office to the meeting place. A second witness described how he was a computer expert and had traced the chats to my computer. Neither of these testimonies was relevant in proving the state’s allegations. I never denied that I chatted with “Amy” or that I went to the meeting place to meet “her”. However, there is a reason why these extra witnesses were brought out: to give the impression to the jury that there was ample evidence and witnesses against me. Whether the “evidence” or “witnesses” were relevant to proving the allegations was of no concern. Those familiar with the witch-hunt trials of New England in the 17th century would notice that this is a fairly common tactics in witch-hunts.

Once the state rested its case, from the defense side I was the main witness. I went to the witness stand and explained the whole background and the context in which my chats with “Amy” took place. I explained that I believed “Amy” was an adult playing roles as is often the case on such Internet chats. I told the jury about my past experiences on chats with “Lisa” and various other adult women who pretended to be underage on Yahoo chats. I showed them the pictures of the screenshots with the shortcut method of looking at a person’s profile as well as the full-blown screen shot of “Amy’s” detailed profile page. On both shots, it clearly showed “her” Age as 18.

During cross examination, the prosecutor asked me to read parts of the chat out loud with him again as if it were a verbal communication. My defense objected, but it was over-ruled by Judge Julie Kocurek. What was the point of the prosecutor asking me to read parts of the chats out loud? There was nothing in there that would prove that I believed I was chatting with a minor. The sole purpose was to have the jury hear from my mouth some of the sexual stuff in the chats to make them more prejudiced against me. People are often hypocritical and extra-sensitive when it comes to hearing explicit sexual talk – regardless of what it is about.

There was absolutely nothing in the chats that people sitting in the court room – including members of the jury, the prosecutors, and the judge – had not said at some point in their lives to a sexual (or potentially sexual) partner. But at that moment they were all suddenly transformed into righteous virgins, who had never heard such “ungodly talk” in their lives. As soon as sex is mentioned – especially in the context of a witch hunt [“The Devil in the Shape of a Woman: Witchcraft in Colonial New England”- By Carol F. Karlsen, New York, 1998, p.198, pp.47-48] – most people who themselves are adulterers or fornicators (as most people in the sexually lax society of the U.S. are) start to act self-righteous and open their mouths in pretentious shock. The members of the jury, the prosecutors and the judge – all of them – displayed similar hypocritical shock at hearing some of the sexual talk from the chats.

After that the prosecutor brought my briefcase that was confiscated by the police when I was arrested. He asked me if the briefcase was mine. I replied “Yes”. He then tossed the briefcase rudely in my lap and mentioned triumphantly to the jury that the briefcase was discovered in my car. In my mind I was think, “and?” I thought he was going to make some point about it. But that was it. What did that briefcase had to do with the state’s allegation? Absolutely nothing!

Next, he presented my notebook that was also in my car when I was arrested. In that notebook I had jotted down the directions of the location where I was supposed to meet “Amy”. The prosecutor again triumphantly raised the notebook and proclaimed to the jury that the police found the notebook in my car and it had directions to the meeting location. Again I waited for him to make some point that had something to do with him proving the allegation against me. But no more comments were made about the notebook.

The state had now successfully proved a few facts. It had proved beyond a reasonable doubt that I had written directions to the meeting location in a notebook; that I had taken the notebook with me to the meeting location (what else would I do with it?); and most importantly, that I had my work-related briefcase in my car when I went to meet “Amy”. It also proved that I had used sexual language when chatting with “Amy” – Capt. Torsiello.

In reality, all these facts were completely useless and irrelevant – none of them had anything to do with proving the state’s allegations that I solicited a minor and that I believed that I was chatting with a minor. But just like the irrelevant witnesses, these irrelevant pieces of evidence were presented to create an impression that the state’s case against me was fool-proof and that there were an abundance of evidence and witnesses against me. This again is very typical of witch-hunts. Since in a witch hunt there is lack of factual evidence, people tend to create the illusion that there is real evidence by bringing in irrelevant things in the trial. Those who have studied the trials of the Salem witch hunts in 1692, will immediately recognize these tactics [“Salem Possessed: The Social Origins of Witchcraft” – By Paul Boyer & Stephen Nissen Baum, Cambridge, Massachusetts, 1974, pp.12-16]. No more need to be said about these “evidences”.

The prosecutor, Patrick McNelis, was a very seasoned prosecutor, and he was well aware that he had no real tangible evidence against me. His only hope rested in creating as much prejudice in the jury-members’ minds against me as possible. He had his work cut out there. The jury was already prejudiced against me.

Next, he proceeded to attack my mention of the incident with “Lisa”. As previously mentioned, “Lisa” had a very youthful face, which alarmed me into thinking that she might be a minor. The prosecutor asked me that once I was satisfied that “Lisa” was actually 19, was I sexually attracted to her. I responded in the affirmative. He then angrily shouted at me that I would have sex with a girl whose face looked like that of a 15-year-old’s face. I pointed out to him that “Lisa” was actually and adult but he continued to put me down for being attracted to someone whose face looked like the face of a 15-year-old girl.

The impression he was trying to give to the jury was that I was some kind of a pervert who was attracted to someone who could have been mistaken for a 15-year-old. Besides being completely false, the implication was also ignoring that fact that I refused any contact with “Lisa” when I thought that she might have been a minor. Further, it is extremely ridiculous to imply any such thing. I have seen 30-year-old women who look like they are in their teens. So now anyone who is attracted to any adult woman who may have a youthful appearance becomes a pervert, a child-molester, or a child-predator?

Perhaps, the state of Texas will next be passing a law where people will be arrested and prosecuted for having sex with adult women who may have the youthful appearance of a 15-year-old. The reader might think that I am joking or being sarcastic, but I am not. A close examination would show that this law would logically be no different than the current law supporting these Internet sting operations. Both laws have to do with the power of the thought-police. In cases such as mine, the state alleged that I solicited a minor. The fact that the person I chatted with was an adult is deemed to be irrelevant. The law insists that even if the person was an adult, I still must be guilty of soliciting a minor if I could have thought and believed that the person was a minor. In the same manner, it would not matter if a woman is actually 30. Any person having sex with a 30-year-old who looked like a 15-year-old could similarly be charged with aggravated sexual assault of a child because he could have thought or believed (or fantasized) that he was having sex with a minor. What is the difference between the two? Absolutely nothing! In both cases, there is no minor involved. The charges are based on one’s thoughts and beliefs rather than the actual facts and realities.

Given the hypocritical nature of many of these lawmakers in the U.S., I wouldn’t be surprised at all if people like the Texas lieutenant governor, David Dewhurst, and Attorney General, Greg Abbott, brought such a bill to the Texas senate. Once the thought-police is given power in one matter, they usually never stop there and seek to continue to expand their network of thought regulation. After all, wouldn’t people feel a little bit safer if all such people who will have sex with adult women who have a very youthful look, are put behind bars? Who is to say what such dangerous people might do next. If they can have sex with a 30-year-old who looks like a 15-year-old, what is to stop them from having sex with an actual 15-year-old? Better to lock all such witches behind bars in a classic pre-emptive strike operation.

And once again the political heroes can claim that they have put dangerous “child-rapists” behind bars and protected “our children and our future.” Parents all over will take a sigh of relief that their heroes have rid the streets of yet more witches and monsters. The heroes get re-elected and have great political careers. Everyone is happy, except of course the “child-rapist” who is behind bars for having consensual sex with a 30-year-old who looked like she was 15. Today, there are many such “child predators” behind bars who chatted online with an adult who pretended to be a minor.

Coming back to my trial, the prosecutor then took out my letter that I had written to him before the trial. He selectively started reading parts from the letter to the jury to prejudice them. My lawyer never objected to that. The prosecutor then read out the part where I mentioned that at one point I did think “Amy” was a minor. He conveniently omitted the context and the part where I explained how I changed my mind and, basing on my checks and experience, decided that “Amy” was an adult. He never gave me a chance to read the rest of the letter to the jury or to explain that one statement. This was a direct violation of the “Rule of Optional Completeness” (Tex.R.Evid.107) Legally, this rule was designed to

“…guard against the possibility of confusion, distortion, or false impression that could rise from use of an act, writing, conversation, declaration or transaction out of proper context.” [Livingston v. State, 739 S.W.2d 311, 331 (Tex.Crim.App.1987), cert.denied, 487 U.S.1210, 108 S.Ct.2858, 101 L.Ed.2d 895 (1988)]

According to this rule, the defense has the right to object and to demand that the entire context be read/revealed to the jury in order to diffuse any chances of confusion. My defense attorney failed to object to this, and I had no idea what this rule was at that time. As you will see later, the prosecutor continued to violate this rule and in fact it was this very violation that the members of the jury used to convict me in the end.

After my testimony, the jury was asked to go to another room. The prosecutors were objecting to the judge that I be not allowed to present my next three witnesses – “Lisa” and the two doctors from Michigan. They argued that “Lisa’s” testimony was irrelevant to the case and since they hadn’t actually accused me of being a “pedophile”, the doctors’ testimonies were also not necessary. In fact, all three witnesses were very relevant to the case.

The 6th Amendment to the U.S. Constitution states, “In all criminal prosecutions, the accused shall enjoy the right… to have compulsory process for obtaining witnesses in his favor.” [http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html].

The State had alleged that I was the type of person who used the Internet to prey on children and minors. They also alleged that had “Amy” been a real minor, I would have committed aggravated sexual assault. Though they never called me a “pedophile,” the implications in the charge and their opening statements were clearly pointing to someone who targets children – i.e. a pedophile. Therefore, the two doctors’ testimonies were very much relevant. Further, the state’s allegations were based on hypothetical “what if” scenarios. “Lisa’s” testimony would show what I actually did and how I actually acted in a situation where I suspected that the person I met was a minor. My incident with “Lisa” was a fact and not a hypothetical scenario like the state’s case against me. Therefore, in accordance with my 6th Amendment rights, “Lisa’s” testimony was very important and relevant in supporting my story and in refuting the State’s hypothetical allegations and implications.

According to the “Texas Rules Of Evidence” [“Courtroom Handbook on Texas Evidence” – 2007 (Goode, Wellborn and Sharlot – Volume 2A – Article IV)], “relevant evidence” means

“evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” (Rule 401, p.9)

According to Rule 404, in criminal cases, evidence of an accused person’s character or character traits is admissible for the purpose of proving action in conformity therewith on a particular occasion. (p.10). Further,

“[i]n cases in which a person’s character or character trait is an essential element of a charge, claim or defense, proof may also be made of specific instances of that person’s conduct” (Rule 405(b), p.11).

So according to the Texas Rules of Evidence, I had a right to have “Lisa” testify on my behalf . However, the judge refused to allow “Lisa” to testify. She did allow the two doctors to testify. If it was the truth the court was after, why did it deny me the right to present a witness who could provide proof “of specific instances of my conduct.”? The judge also strictly forbade the two doctors from using the word “child” or to make any reference to the polygraph test that I had passed.

My attorney then summarized “Lisa’s” testimony for the court records in the absence of the jury. He came to me and informed me of the judge’s ruling. He told me that he had preserved “Lisa’s” testimony in the court’s record so that even though the jury will never hear it, I could bring it up in my appeal should I lose the case. I was disappointed, but trusted my attorney and was confident that if the case does go to an appeal, I will be able to bring up “Lisa’s” testimony in that.

The jury came back to the courtroom and we presented our next witness – the psychiatrist who had tested me in Michigan. The doctor testified that I had no mental illness, nor any of the clinical indicators that showed that I would be “likely to get into sexual problematic behavior with minors.” He pointed out that his clinical tests indicated that I had a personality disorder with traits of narcissism and histrionics with a very high level of intelligence. The prosecutor asked the doctor to read out the same line from my letter where I had written that at one time I thought that “Amy” might actually be a minor. He asked the doctor, why I would continue to chat with “Amy” after I had such a thought. The doctor replied that he was not surprised at all. He explained that a combination of my personality disorder with traits of narcissism and a high degree of intelligence made me believe that I was smart enough to figure out if the individual I was talking to was truly a minor. This statement of the doctor supported my testimony where I indicated how I had developed my own checks, and had finally determined correctly that “Amy” was an adult. The doctor ended his testimony by saying that he found nothing in my psychological makeup to indicate that I was the type of person who would target a minor for the express purpose of having sex with a minor. (R.R.V pp.47-54)

After the psychiatrist’s testimony, the next witness was the psychologist who had tested me in Michigan. The psychologist explained the types of tests he performed on me and stressed that there was no way I could have faked answers to the questions he asked me during the tests because these were “projective tests” with no set right or wrong answers. He stressed that though as a Christian he was disgusted at reading some of the explicit sexual statements in the chats, as a psychologist he found “no evidence of a person who has any sexual focus on children or adolescents or minor.” When the prosecutor asked him if he thought I was that kind of person who would get in his car to travel to meet and have sex with a 13-year-old, the doctor replied, “In my opinion, he’s not the kind of person who would do that kind of thing with the intent of having sex with a minor person.” (R.R. V pp.77-79)

After the two doctors’ testimonies the defense rested. In his closing statement, the prosecutor again tried to prejudice the jury against me by misrepresenting the facts. He said to the jury that it is very different when an adult woman says, “I am 15, and I want to be spanked,” and when one says, “I am 13.” For the first statement he used a low sexual tone of voice, but for the second statement he used a simple straightforward tone implying innocence. This again was a false presentation of facts. My conversations with the 30-year-old woman who pretended to be 15 years old, and the 40+-year-old male police officer (Capt. Torsiello) who pretended to be 13 years old, were not verbal, but written. Therefore, the different tones of voices were irrelevant and gave a false impression. From the factual perspective of the written text with no sound-effects, there was not much difference between the two statements – “I am 15” and “I am 13.” Both had to be interpreted by the reader in the light of his background experiences on these Internet chats and from what he saw in the “Age” fields on the respective chatter’s Yahoo profile.

The prosecutor, Mr. McNelis, continued to use emotional appeal during his closing arguments. Pointing to the psychiatrist’s statement that I had a very high degree of intelligence, he cautioned the jury: “This man is the most intelligent person you will all be with in a room in your life. Heck! He is smarter than me. He is so intelligent that he will fool you all into believing that he is innocent.” In other words, he was aware that he had no case against me and that he had not presented any hard evidence of my guilt to the jury. So, he wanted to caution the jury that if they had it in their minds that I was not guilty, it wasn’t because the state had not presented any evidence against me, but because I was so smart that I had fooled them all. In fact, the assistant prosecutor, John Saba, acknowledged in his closing arguments that “the defendant has chosen a defense that is impossible to break.” It was impossible to break because the State had no proof against me. Too bad the jury members weren’t looking for factual evidence; they were looking for emotional appeal and the pleadings of the prosecutors that I could have done what they alleged.

A simple word analysis will reveal that it was impossible for the state to prove the charge against me. The Merriam-Webster’s Dictionary [http://www.merriam-webster.com] definitions of the words proof and prove reveal why it was impossible to prove that I had either solicited a minor or attempted to solicit a minor:

Proof: The cogency of evidence that compels acceptance by the mind of a truth or a fact.
Prove: To test the truth, validity, or genuineness of.

Let us recall the definitions of the words truth, valid and genuine:

Truth: The body of real things, events and facts; actuality; the property of being in accord with fact or reality.
Valid: Logically correct.
Genuine: Actual; true; free from hypocrisy or pretense.

So, in order to prove the charge against me, the state needed to demonstrate that the charge was the truth, – i.e. based on reality – valid, – i.e. logically correct – or genuine – i.e. actual, true and not based on hypocrisy or pretense.

We have already seen that the whole case against me was based on fiction and alleged potential actions based on speculations about my belief. There was no real minor and I never solicited any actual minor. So the truth part goes out of the window.

Now this is what happened. I was charged with solicitation of a minor, who was actually a 40+-year-old adult pretending to be a minor and yet deceiving me by stating “her” (his) age as an 18-year-old adult. I was smart enough to figure out correctly – despite the logical hodge-podge – that I was chatting with an adult pretending to be a minor. Even though I was correct, and the state acknowledged that I was correct, I was somehow guilty of soliciting a non-existent minor. If this is not a huge jumble of illogic, then I don’t know what is. Therefore, the validity or logical correctness also goes out the window.

Let us check for genuineness. As the definition states, anything genuine must be free from hypocrisy and pretense. What does pretense mean?

Pretense: A claim made or implied; esp. one not supported by fact; make-believe; fiction; false show.

Let us see what the words make-believe and fiction mean:

Make-Believe: Imaginary; pretended.
Fiction: An invented story; an assumption of a possibility as a fact irrespective of the question of its truth; the action of feigning or of creating with the imagination.

“Amy” was a make-believe and fictional character. It was imaginary and an invented story. It was assumed that anyone chatting with this fictional character was possibly soliciting an imaginary minor irrespective of the truth that there was no real minor. Thus, there was absolutely nothing genuine that the state could test since it was all fictional.

Therefore, the State could in no way test the truth, validity, or genuineness of the charge against me. Thus, it was impossible for them to prove the charge against me. It was for this reason that the prosecutors were busy rousing the emotions of the jury members. They knew that logically they could never prove the charge against me.

I was very confident that I would win the case. I had presented my side of the story, and the two doctors had supported my story and emphatically denied that I was the kind of person who would want to target minors for sex. The state had produced absolutely no evidence to refute either my testimony or any parts of the two doctors’ testimonies. In fact, the state’s own star witness, Mr. Torsiello – the only person in any position to determine whether I thought “Amy” was an adult or a minor – had acknowledged that he couldn’t tell whether I believed “Amy” to be an adult or a minor. He further corroborated my testimony by stating that on these Internet chats people often lie about their age, identity and gender – all three things that he himself had also lied about when he posed as “Amy”. On top of all that, there really was no minor involved and I did actually chat with an adult who was role-playing as a minor – exactly what I had described in my testimony. With all these facts on my side, there was no way the jury would find me guilty – or so I thought.

At that point in my life, I still believed that America was what it was projected to be – the land of justice and freedom. I was naïve enough to believe that in the U.S. justice system, where I was supposed to be innocent until proven guilty, and where the burden of proof was on the state, justice would be done. I knew that the state had tried to do many things to prejudice the jury against me, but I was not on trial for my sexual immorality. So, no matter how much the jury disliked my infidelity towards my wife, I was still not guilty of soliciting a minor – the State had not produced any evidence or witness to prove its allegations.

I went to my lawyer’s office and we waited there for about two hours as the jury deliberated. My lawyer then received a call from the court that our presence was required at the court as the jury had asked a question regarding one of the doctors’ testimonies. So we went back to the court.

I was about to receive the shock of my life. It took the court reporter a little while to transcribe the part from the psychiatrist’s testimony from short-hand. We were given a copy of the part that was sent to the jury room. It had one line: the part from the psychiatrist’s testimony where he had read (at the request of the prosecutor) that part of my letter where I had mentioned that at one point I thought that “Amy” might have been a minor. Only one sentence from my letter, put in the doctor’s mouth by the prosecutor – without any context from my letter and without the doctor’s explanation as to why I continued to talk to “Amy” after this passing thought occurred to me and how I determined that “Amy” was an adult – was what the jury had requested.

The reality of the U.S. Injustice system was beginning to dawn on me. The jury had presumed me guilty. However, as they deliberated they could not find any proof of my guilt in the state’s evidence and witnesses. Apparently someone in the jury had pointed out this fact. It was at that instance that he Foreman of the jury, Mr. Larry Tabbert, requested that one statement from the psychiatrist’s testimony to establish my “acknowledgement of guilt”. I had been suspicious of Mr. Tabbert from the very beginning. During the jury selection he had been staring at me with anger, and I had mentioned to my defense attorney that I thought this person had already made up his mind regarding my guilt or innocence. However, by the time we had run out of our peremptive strikes, Mr. Tabbert not only ended up on my jury, but also became its Foreman. He was the one who requested the out-of-context statement from the court during deliberations.

The jury had presumed me guilty and its members were frantically searching for something to justify their decision. They found that one out-of-context statement and boom, there it was. To them, the statement meant that I had acknowledged my guilt that I believed “Amy” to be a minor. Apart from the fact that they had used this statement out of its context where it was clearly explained in the letter – as well as during my testimony and the testimony of the psychiatrist – that it was a passing thought and that I had ultimately decided that “Amy” was an adult, there is also the question of whether a passing thought in someone’s head constitutes his belief.

These are two different things. Many simple examples from our daily lives will establish this fact. For example, one day I went to a restaurant and ordered some soup, which I thought to be vegetarian. I eat beef, but I don’t eat pork. As I ate my soup, I felt pieces of meat in it. At first I was a little alarmed as I thought it was pork. But later, upon closer examination and after I smelled the pieces, I determined that it was beef and so I enjoyed the rest of the soup. Though the thought had passed my mind that this might be pork, does it mean that I believed it was pork? The answer is clearly “No.” I ran through my checks and determined that it was not pork and believed that it was beef. The difference between a thought and my belief is clearly established in this example. Similarly, at one point I thought that “Amy” might be a minor, but upon closer examination, I correctly determined that “Amy” was not a minor and I believed “her” to be an adult.

However, such basic logical reasoning is poison for witch-hunts and is therefore, never used. If people started using reason and logic in trials, how will they ever be able to rid the innocent public of the monsters and witches that roam the American streets haunting its defenseless citizens. Even today when I picture Mr. Tabbert sitting in the court room staring at me in anger, I can feel what the accused witches of Salem must have felt when they experienced such stares from the witch-hunters of the 17th century New England.

The jury delivered a guilty verdict, and I was immediately taken in custody. I was in shock. Immediately, the sentencing phase of the trial began. The judge had privately told my attorney (who then made it known to me) that he shouldn’t bring me to her for punishment as she would send me to prison and not consider me for probation. So, we opted for a jury decision.

During the sentencing phase the state presented some additional “witnesses” and “evidence”. One police officer testified that before “Amy” I had chatted one time with him when he had pretended to be a minor. This was nothing new. I had already mentioned in my testimony that sometimes I might have chatted with actual minors (though this police officer was certainly not a real minor), but that if I ever found out that the person was a real minor, I would stop chatting with that person and would never meet the person. I had obviously not tried to initiate any other contact or to arrange any meetings with this other police officer wannabe minor.

The state brought the computer expert on stand again. This time he testified that he had found a total of 632 yahoo profiles stored on my computer’s hard-drive, and that 32 of them “appeared” to be those of minor girls. This again, was no surprise. I had already told in my testimony that I might have unknowingly chatted at times with minors. Is that a crime?

In fact, the expert’s testimony supported my story once again. The majority of people I chatted with were adults – 600 out of 632, or 95% – and only a small fraction – 32 out of 632, or 5% – could possibly have been minors. Anyone who chatted with as many people as I did would come across a profile that may belong to a real minor – 5% is well within the limits of statistical chance.

Further, finding the profiles on my computer’s hard-drive was no evidence that I must have chatted with these 32 people. Often, if I thought a particular nickname was that of a female and/or the age field was blank or had an adult age on it as I viewed the profile through the shortcut method, I would open the main profile just to check if there was any picture on the profile – even before I initiated any chat. Once the main profile page was opened on my computer, a copy of the profile page was automatically stored on my computer’s hard-drive. It was these copies that the state’s computer expert found.

During cross examination, my defense attorney asked the computer expert witness if he found any evidence on my computer whether I chatted with or solicited any of these 32 possible minors. He replied that he didn’t find any such evidence. This again was an important point. Had the state found any evidence of me soliciting a real minor, they would have happily displayed it. Also, it wouldn’t have been hard for the state with its investigative resources – investigators of the Attorney General’s office, state police, federal U.S. intelligence service, and the computer experts – to actually contact those 32 people and ask them if I ever solicited them. In fact, I believe that the state did do that as it is not very hard to locate these 32 people and contact them. Had I solicited any of them, I can bet that that person would have been one of the state’s witnesses. But despite their efforts they did not find any evidence of me soliciting any of these 32 potential minors. So, the state’s case in both the guilt/innocence phase and the sentencing phase was limited to prejudicing implications that I could have done what the state alleged.

My attorney also asked the computer expert if he found any child pornography on my computer. The expert witness replied in the negative. This is also important. In most cases, people who are interested in having sex with children or minors will have some sort of pornography on their computers that depicts minors or children. As psychological studies show, people don’t suddenly start having sexual interest in children. People who target children have a character disorder that makes them prey on children. Upon investigation such people usually display a trail of evidence suggesting their interest in children – and interest in child pornography is one of them. The fact that despite their best efforts the state could not find any such trail in my past or on my computer showed that I was not the person they depicted me to be.

In any case, the jury decided to make my punishment exemplary and sentenced me to 13 years (the age of the fictional character “Amy”, who was actually a 40+-year-old man who had depicted his age as 18 on “her”/his profile) in prison. One of the conditions the judge put on me as she announced the punishment was that after my release from prison I would have to stay away from the “victim” and couldn’t come within 1000 yards of the “victim”. At first I thought the judge was on some drugs. But, later I realized that I was in the Twilight Zone – the jury, the prosecutors, and the judge all believed that “Amy” was real and so I needed to stay away from “her”. Had I not been in utter shock and depression, I would have asked the judge that if she could point o me who the “victim” was and where the “victim” lived, I would try and stay away from it. Perhaps the judge meant that I couldn’t go within 1000 yards of any fictional characters. Good thing I don’t read much fiction, or I would be in real trouble.

But this was not a new characteristic that the judge was presenting. She was behaving in the classical tradition of witch-hunt mentality. Those who were hunting down witches in Salem in the 17th century New England actually believed that the witches were doing real magic and were harming people with it. Without such brainwashed beliefs, witch hunts are never possible. At least, during the Salem witch trials there were real alleged victims, and not fictional ones like in my trial. With modern technology, the witch hunters of today can do one better than their traditional counter-parts – now they can have fictional victims

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The Appeal & Parole

Posted by ntabrez on July 31, 2008

I was sent to prison. I wrote a long letter to my state-appointed appellate attorney pointing out the several mistakes made during my trial. She responded and agreed with most of them, but informed me that since my defense attorney made no objections, she could not raise those points during an appeal. I did not know this before, but in a direct appeal one can only raise those points which the defense attorney objected to during the trial. So, if your defense attorney made mistakes you are screwed. In her detailed letter to me, my appellate attorney explained why she would not be using any of my suggestions in the appeal. Here are some excerpts from that letter:

Voir dire: No objections were made to any of the things you mentioned… Counsel made no objections to areas of inquiry by the prosecutor. There were several jurors which I believe were subject to a challenge for cause… in several cases he [my defense attorney] did use a peremptory strike on them and in other cases he did not strike them at all. At the conclusion of jury selection, trial counsel told the court that he had no objection to the jury…
The reading of the online chats out loud: There was no objection to this procedure… Yes, the prosecutor wanted to prejudice the jury. Your trial attorney could have raised an objection under Rule 403 of the Texas Rules of Evidence that this was cumulative…
The evidence regarding the numerous profiles of underage females introduced at punishment: … there was no error in admitting these profiles. There was also no objection by trial counsel. Certainly trial counsel could have pointed out through cross-examination and argument the statistical argument you raise in your letter to me…Closing argument by prosecutors: Again there was no objection by your trial attorney…

“Exclusion of defense evidence: You mentioned that there were screen shots and newspaper clippings which you wished to have introduced and you also desired to call [“Lisa] as a witness. My review of the record shows that although these exhibits and this testimony were discussed outside the presence of the jury and the trial court sustained the State’s objection to this evidence, trial counsel did not preserve error because he never made a bill of exception which involves having a hearing outside the presence of the jury and introducing the evidence and/or summarizing the witness’s testimony so that the appellate court can have a record of what the excluded evidence consisted of. This was not done so there is nothing for me to argue about and nothing for the appellate court to consider…

“… All of your complaints concerning the actions of the prosecutor in the way he questioned you and other witnesses could have been objected to at trial or addressed in closing argument by your trial attorney. They were not. Thus nothing has been preserved for appeal.”

As is clear from all this, my defense attorney made several great errors during the trial. As already mentioned earlier, my defense attorney never objected to the prosecutor’s reading out loud a few lines out of context from my letter to him during the trial, and it was this violation of the “Rule Of Optional Completion” that the jury ultimately used to convict me. Thus, my Constitutional rights under the 6th Amendment – which says: “In all criminal prosecutions, the accused shall enjoy the right… to have the Assistance of Counsel for his defense” – were violated as my defense attorney did not provide me effective assistance. However for some reason, my appellate attorney refused to raise “ineffective assistance of counsel” as a point in my appeal despite my repeated requests to her to add that as a point in my appeal. She kept insisting that the best time to raise “ineffective assistance of counsel” is in a writ of Habeas Corpus that follows when all direct appeals have failed.

 

An appeal on my behalf was finally filed about a year after my imprisonment. My attorney raised two points in my appeal:

Legal Insufficiency of the Evidence: “When viewing the legal sufficiency of eth evidence, the appellate court is to consider the evidence in the light most favorable to the verdict and determine if any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

Under this objection, my appellate attorney raised several points. Here are the excerpts:

“Viewed in a light most favorable to the verdict, there is insufficient evidence upon which a rational jury could find beyond a reasonable doubt that appellant believed that the individual he was talking to was younger than seventeen years of age.
“The evidence showed that Capt. David Torsiello of the Attorney General’s cyber crime investigation unit created a Yahoo profile (State Exhibit 2) listing Amy512817’s age as 18. Appellant testified that when he clicked on Amy512827’s profile, he saw that it listed her age as eighteen. He testified that later in the conversations when she told him she was thirteen he did not believe it because people in chat rooms lie about their age. (R.R. IV, pp. 106-107) Although Amy512817 told appellant in the first conversation that she was thirteen (State’s Exhibit 4a), it is clear from reading the chat that appellant was questioning her age. (R.R. III, pp. 48-55) The evidence shows that appellant continued to question Amy512817’s age throughout the chats. In the second conversation (State’s Exhibit 4b), the following occurred:
‘maninaustin2003…: how old are you?
‘amy512817…: u don’t remember??
‘maninaustin2003…: 18 i tyhink???
‘amy512817…: i’m 13
‘maninaustin2003…: very funny…’

(R.R. III, pp. 55-59)”
My attorney raised other points including my picture-test that I previously mentioned. She concluded this point as:
“In the instant case, appellant testified that he believed the person with whom he was chatting was in fact an adult role-playing as a thirteen year old. (R.R. IV, pp. 109-110, 163) No evidence was introduced to disprove this testimony. In fact on cross-examination Capt. Torsiello, the State’s lead investigator, admitted that in these chat rooms, people do not usually use their real names, nor are people usually truthful about their age or gender. (R.R. IV, p.28) Torsiello also admitted that he could not say whether appellant thought he was dealing with an eighteen year old or a thirteen year old. (R.R. IV, p. 46)…
“… Certainly had the Yahoo profile drawn up by the investigator only listed thirteen as the age of Amy512817, this question would be easier to resolve. But where the State’s own investigator muddied the water by listing Amy512817’s age as eighteen, large questions are raised.”
Factual Insufficiency of the Evidence: “When conducting a factual sufficiency review, the appellate court must determine, after a review of all the evidence in a neutral light, if the proof of guilt is so obviously weak as to undermine confidence in the verdict or if the proof of guilt, otherwise adequate if taken alone, is greatly outweighed by contrary proof…In other words, the appellate court must determine whether a neutral review of all of the evidence, both for and against the challenged finding, demonstrates that a rational jury could have found guilt beyond a reasonable doubt.”

 

 

Under this point my appellate attorney basically raised the same arguments that were raised in the first point. She then concluded:

“After a review of all the evidence in a neutral light, the proof of appellant’s guilt is so obviously weak as to undermine confidence in the verdict. Furthermore, the proof of guilt, as to the appellant’s belief as to the age of Amy512827, is greatly outweighed by contrary proof, specifically appellant’s testimony that he did not believe that Amy512817 was thirteen years old.”

In her conclusion, she reminded the court that the burden of proof was on the State to prove my guilt beyond a reasonable doubt and they failed to do that. The State presented no evidence to counter my testimony that I didn’t believe I was talking to a thirteen years old. Further, the counter proof – my testimony, the testimonies of the two doctors, the age of “Amy” as 18 on “her” profile, the State’s star witness’s acknowledgement that people lie about their age and gender on these Internet chats, his acknowledgement that he couldn’t tell whether I believed “Amy” was 13 or 18, the evidence from the chats where I continued to ask her for a second picture to check if “she” was speaking the truth about her age – was so strong that the beyond-a-reasonable-doubt burden of proof could not have been met.

Though I was still a bit upset at my attorney for not raising some of the other points of error in the appeal, I was satisfied that she had made some great arguments. So we waited for the appellate court’s opinion. In June of 2006 – a year and a half after my incarceration – the Third Court of Appeals affirmed my conviction. My attorney sent me a copy of the court’s opinion. It was another shock for me. Instead of performing any logical analysis of the two points raised in my appeal, the appellate judge, Bea Ann Smith, simply stated one paragraph stating:

“Shams argues that the State failed to contradict his testimony that he believed that ‘Amy’ was a role-playing adult woman, and he points to Torsiello’s acknowledgement during cross examination that persons in internet chat rooms usually do not use their real names, ages, or even gender. But the jury, as trier of fact, was free to discount Shams’s testimony in light of the evidence that ‘Amy’ repeatedly told him that she was only thirteen. Applying the appropriate standards of review, we hold that a rational trier of fact could find beyond a reasonable doubt that Shams believed that the person he solicited was younger than seventeen.” [http://bulk.resource.org/courts.gov/states/Tex.App.03/14891. html]

I could not believe what I was reading. The appellate court had made a grave logical error – it had put the burden of proof on me rather than on the State. Logically, under the assumption of innocent until proven guilty my testimony and everything that favored my innocence should have been assumed to be true and it was the State which had to disprove everything beyond a reasonable doubt. Instead, the court’s opinion stated that the jury believed everything the State alleged by default, and discounted my testimony and all evidence in my favor because in their minds it failed to disprove the State’s allegations.

Further, the court said that it applied “the appropriate standard of review.” This was false. The whole opinion consisted of 11 paragraphs, the first 10 of which simply stated the facts of the case. It was only the final paragraph – the one quoted above – that contained the court’s opinion without any analysis.

I wrote a letter to my attorney and pointed out the logical errors in the court’s opinion. I was amazed at how, in order to protect her re-election in the upcoming elections, Justice Bea Ann Smith had simply turned the logical standards upside down. She didn’t want to be the one who “overturned the conviction of a child predator.” What would people say? So, she decided to affirm the conviction. I asked my appellate attorney if the subject of Logic was taught as a course in law schools. Anyone familiar with the basics of logic could easily see the logical error in the court’s opinion. Ms. Bea Ann Smith had to be aware of the logical error she was making. How could someone who didn’t understand the basics of logic could become a judge?

My appellate attorney replied back and informed me that she had filed a petition for discretionary review of my appeal with the Court of Criminal Appeals – the highest court of appeals – in Texas. She also wrote to me in that letter:

“After reading through the opinion again, I agree completely with your letter regarding the reasoning of the opinion of the Court of Appeals. I am hopeful that because of the offense involved and the total lack of reasoning in the Third Court’s opinion, that this is a case that the Court of Criminal Appeals will find important enough in which to grant review.”

In her petition for review, my attorney raised some important issues. Here are some excerpts:

Under “Reasons For Review,” she stated:

“1. The Court of Appeals has decided an important question of State law that has not been, but should be, settled by the Court of Criminal Appeals. TexR.App.Proc.66.3(b)
“2. The Court of Appeals has decided an important question of State law in a way that conflicts with the applicable decisions of the Court of Criminal Appeals, specifically, CLEWIS V. STATE, 922 S.W.2D 126 (TEX.CR.APP.1996), JOHNSON V. STATE, 23 S.W.3D 1 (TEX.CR.APP.2000), ZUNIGA V. STATE, 144 S.W.3D 477 (TEX.CR.APP.2004). Tex.R.App.Proc.66.3(c)
“3. The Court of Appeals has so far departed from the accepted and usual course of Judicial proceedings as to call for an exercise of the Court of Criminal Appeals’ power of supervision. Tex.R.App.Proc.66.3(f)”

She then summarized the court of appeals’ opinion as follows:

 

 

“The Court of Appeals began its opinion by setting out in paragraph two the standards to be used in analyzing legal and factual sufficiency of the evidence… The court then used the next ten paragraphs to set out the facts adduced at trial. In paragraph 11, the last full paragraph of opinion, the Court writes, without citation to authority or any type of analysis:”

She then quotes the entire paragraph of eth court’s opinion (cited above) underlying the part “Applying the appropriate standards of review, we hold that a rational trier of fact could find beyond a reasonable doubt that Shams believed that the person he solicited was younger than seventeen.” She then states:

“This is an improper method of review under the factual sufficiency standard. In fact Petitioner would argue that the Court of Appeals conducted no review under the factual sufficiency standard. Certainly the Court of Appeals opinion contains no analysis or legal reasoning which can be examined to justify the Court’s decision. The logical effect of this opinion is that there is no difference between a review for legal sufficiency of the evidence and factual sufficiency of the evidence. As long as there is some evidence in the record which supports the jury’s decision, the Third Court of Appeals apparently feels that the evidence will always be factually sufficient. This is troubling because in the Petitioner’s case there was evidence from both Petitioner and the State’s star witness, David Torsiello, a cyber crimes investigator for the Texas Attorney General, that rebutted the State’s theory that Petitioner thought he was communicating with a thirteen year old.”

She then reminded the Court of Criminal Appeals of the standards for review that the Court of Criminal Appeals itself had set:

“’… a factual sufficiency review dictates that the evidence be viewed in a neutral light, favoring neither party. Clewis v. State, 922 S.W.2d at 134. In conducting a factual sufficiency analysis, the reviewing court “does not indulge inferences or confine its view to evidence favoring one side of the case. Rather it looks at all the evidence on both sides and then makes a predominantly intuitive judgment…” William Powers and Jack Ratliff, Another Look at “No Evidence” and “Insufficient Evidence,” 69 Tex.L.Rev.515, 519 (1991).’ Johnson v. State, 23 S.W.3d 1, at 15 (Tex.Cr.App.2000).” (emphasis added).

As is obvious from the Third Court of Appeals opinion, the justice clearly violated this standard. She made inferences that the jury was free to discount my testimony and evidence in my favor, and she clearly favored the side presented by the State. Where was the analysis that showed why she thought that the State’s evidence disproved my testimony and evidence?

My appellate attorney then further reminded the Court of Criminal Appeals a further clarifying standard the Court had itself established in 2004:

“Then in 2004, the court of Criminal Appeals acknowledged that its previous discussions regarding factual sufficiency were confusing in light of the ‘beyond a reasonable doubt’ standard of proof in criminal trials and explained the factual sufficiency standard of review as follows:

‘There is only one question to be answered in a factual-sufficiency review: Considering all of the evidence in a neutral light, was a jury rationally justified in finding guilt beyond a reasonable doubt? However, there are two ways in which the evidence may be insufficient. First, when considered by itself, evidence supporting the verdict may be too weak to support the finding of guilt beyond a reasonable doubt. Second, there may be both evidence supporting the verdict and evidence contrary to the verdict. Weighing all the evidence under this balancing scale, the contrary evidence may be strong enough that the beyond-a-reasonable-doubt standard could not have been met, so the guilty verdict should not stand. This standard acknowledges that evidence of guilt can “preponderate” in favor of conviction but still be insufficient to prove the elements of the crime beyond a reasonable doubt. Stated another way, evidence supporting guilt can “outweigh” the contrary proof and still be factually insufficient under a beyond-a-reasonable-doubt standard.’ Zuniga v. State, 144 S.W.3d at 484-485.” (emphasis added)

So even if there were evidence supporting the verdict outweighed the contrary proof (which in my case was not true), it was still would not necessarily be sufficient.

Here is the balancing act that the Court of Appeals should have done in my case, but it didn’t do:

Evidence For The Verdict:

  • In 3 chats spread over 6 weeks, “Amy” told me a total of 3 times that “she” was 13.
  • I succumbed to “her” pressure to meet “her” and made an arrangement to meet “her,” and then went there to meet “her”.

Evidence Against The Verdict:

  • I testified that in 2 years I have role-played with several people online.
  • I testified that people often lie about their age, name and gender on these internet chats.
  • “Amy’s” profile stated “her” age to be 18.
  • I testified that I had verified through my own checks and by viewing “Amy’s” profile that I was chatting with an adult. I was correct in my conclusion.
  • I testified that I never believed I was chatting with a minor.
  • State’s star witness, Mr. Torsiello (who was pretending to be “Amy” online) acknowledged that people often lie about their age, name and gender on these Internet chats.
  • Mr. Torsiello also admitted that he couldn’t tell if I believed I was chatting with a 13 year old or an 18 year old.
  • The two doctors, who tested me, testified that my psychological profile does not suggest that I would arrange a meeting with a minor for sexual purposes.
  • No real minor existed in the case. “Amy” was a fictional minor. The case was based on fiction instead of fact and reality.

It is clear for anyone who looks at this balancing review – as recommended by the Court of Criminal Appeals – can see that there was no preponderance of evidence against me and that the contrary proof was so much that the beyond-a-reasonable-doubt standard could not have been met. The State had presented absolutely no evidence to disprove any of the above contrary proofs.

For the Court of Criminal Appeals to grant a review a majority of the 7 justices have to vote to grant a review. In August of 2006 my attorney informed me that the Court had voted not to grant me a discretionary review. That killed my direct appeals process right there. It is obvious why the Court of Criminal Appeals decided not to grant my appeal a review. Had the Court granted a review, then according to the standards the Court itself had set, it would have no other choice but to reverse my conviction. Again, all those justices would not want to be known as the ones who “set a child-predator free,” especially when the elections were looming so close. Since the review is discretionary the justices felt it was safer not to grant me the review.

The next step for me would have been to write a writ of Habeas Corpus to the same Court that refused to grant me a review. The State had no obligation to provide me with an attorney for that purpose. So, now it was up to me to either hire an expensive attorney or to do legal research myself and file the writ myself. The process of filing it myself would have taken a few months since I would have to then study law at the prison law library and file the writ myself raising legal issues. Judging from what I witnessed other prisoners going through, I was further discouraged: Most writs done by prisoners themselves were refused due to “errors,” and most of the ones that were accepted for review were rejected without ever going before the judges – the same judges who had voted not to grant my appeal a review.

My family advised me to wait for the parole process to finish, and if that failed completely then they would hire a writ-lawyer to help me file the writ.

People think it is easy to get justice in the U.S., but the reality is that it is extremely hard just to go through the process of finding justice much less attain justice. The system is designed to frustrate and discourage the accused at every step. Let’s say an innocent person is convicted and sentenced to more than 10 years in prison in Texas. He cannot post an appeals bond and stay free until the appeals process is finished. He stays in prison for at least a year and a half before he gets the results of the appeal. As is often the case – as evident from my own example – the appellate court carelessly rejects the direct appeal. So, he waits another 6 months before getting a decision from the Court of Criminal Appeals whether it will review the appeal or not. So, he has already spent 2 years in prison. Now the Texas Court of Criminal Appeals rejects to even review the majority of appeals. So, now the person hires another expensive lawyer to file a writ of habeas corpus (at the same court) – or do it himself. This whole process again takes about a year. In many cases the writ never even gets accepted. So now this innocent person has spent at least 3 years in prison – his life and family devastated.

After filing the writ at the State level, the next process is to file a writ with a federal district court. There goes another year. If the district court rejects the writ, the next step is to file with the federal 5th-Circuit court. There go at least another couple of years. So the innocent person is still in prison for 6 years now. If the 5th Circuit Court rejects the appeal then the appeal sits on the docket of eth U.S. Supreme Court for a while. So, wait another 3-4 years at least. By the time the Supreme Court sees the case and rules on it, the innocent person has already spent about 10 years in prison. By that time he is a psychological mess. The fact is that you do not get justice in the U.S., except for a few token cases so that the media and the people can sing and dance and worship and praise the “American Justice System” and feel good about themselves.

Some readers at this point might dismiss this by stating that conviction of innocent people is very rare. Some statistical analysis from the Innocent Project will reveal a different story. In the past 7 years the Innocence Project has used DNA evidence to help successfully overturn the convictions of hundreds of men across the US – innocent men who had been in prison for decades on false convictions of rapes. In Texas, with its “tough on crime” politicians the rate of wrong convictions is higher than most other States. According to the latest statistics available from the Innocence Project, in Dallas County alone, out of 38 people who were tested with DNA, a staggering 17 were innocent. Some tests were inconclusive, and the remaining convictions were affirmed. [http://ipoftexas.org/texas-cases/texas-exonerations/]

The example of Dallas County is very revealing in more than one ways. According to Jeff Blackburn, director of the Innocence Project of Texas, “Dallas County has been the site of an inordinate number of exonerations in part because the laboratory prosecutors use holds onto biological evidence for up to 25 years. Other labs across the State often destroy samples after convictions.” [cited in “The ECHO”, Volume 79, No.3, April 2007]. So the reason why other counties may not show such a huge percentage of exonerations is not because they have a better justice system, but because they destroy the evidence that could reveal their mistakes. The example of Dallas County is thus a truer measure of the state of the justice system in Texas.

The statistics shown above shows that in Dallas County 45% of the people who were convicted for rape and murder cases and who maintained that they were innocent were actually innocent. How can these people be convicted beyond a reasonable doubt? By default there had to be reasonable doubt that the juries/judges ignored in their cases. This shows the general attitude of the juries and judges in Texas. What about the cases where DNA evidence is either not possible or is no longer applicable? If juries and judges are convicting 45% innocent people of all who maintain their innocence in rape cases, we can safely assume that they are doing the same in other cases where unfortunately DNA evidence is not applicable. This means that in Texas out of every 100 convicted people who claim that they are innocent, about 45 are actually innocent. This is the logical consequence of having “innocent until proven guilty” on paper, but “guilty until proven innocent” in practice.

My first parole hearing came about 18 months after my incarceration. Everything was in my favor: I was a first time “offender” with no criminal history; I had not received any disciplinary cases while incarcerated; there was no history of violence in my record; there was no real victim; many people had written letters on my behalf to the parole board, requesting my release; while in prison, I had been tested by a trained psychologist of Texas who specialized in treating sex offenders, and her report came out very good, recommending that I be released on parole; I had used my time in prison effectively, getting published in math journals and tutoring other prisoners for GED classes; prisons in Texas were overflowing with a severe over-population crisis; I was to be deported out of the U.S. upon my parole release; and I was eligible for parole. My family had hired the best parole lawyer available in Texas. However, the parole board refused to grant me parole. Their reason was:

“The record indicates that the inmate committed one or more violent criminal acts indicating a conscious disregard for the lives, safety, or property of others; the instant offense… has elements of brutality, violence or conscious selection of victim’s vulnerability such that the inmate poses an undue threat to the public…”

There it was again. The phantom non-existing “victim” again made an appearance in the Texas parole board office and met personally with the three parole board members, convincing them that I was a very dangerous prisoner who had committed a violent and brutal act against a fictional character, and who would continue to harm “our children” from Pakistan.

I was given a one year set-off. During that one year my friends and family approached several politically influential people who personally made requests to the Texas board of pardon and parole on my behalf. As a result, I was finally granted parole three years after my incarceration. I was then handed over to the U.S. Immigration and they deported me to Pakistan, barring me from entering the United States forever.

My two daughters live with their mother – my ex-wife – in the U.S. I have been taken away from their lives, with no available possibilities to meet them again. My ex-wife has remarried and apparently has no immediate intentions of letting me communicate with my daughters any time soon. I have lost all rights to fight for my daughters due to my deportation and the charge against me. Is this what the U.S. Justice System is all about? Based on a fictional case and to protect an allegedly fictional “victim”, the State of Texas has removed a loving father from the lives of two innocent real girls.

 

 

 

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Mother Of All Fallacies

Posted by ntabrez on July 31, 2008

Internet Sting Operations

“When you’re on the Internet talking, you haven’t got a clue who that is on the other end…you don’t have a clue.”

These are the words of Lt. Ron Kenyon of the Sheriff of Erie County in New York as quoted in The Dallas Morning News (“Internet love triangle turns deadly when truth emerges” – Tuesday, January 23, 2007, p.6A). The story is about a middle aged man pretending to be a young Marine going to war, chatting on the internet with who he thinks is an 18 year old girl – in reality, a “40-something West Virginia mother using her daughter’s identity to attract Internet suitors…”

I am sure many people read this story and shook their heads in disappointment, and perhaps cautioned themselves and their loved ones never to believe anything someone tells them about himself/herself on the Internet because “you don’t have a clue” who it is on the other end.

This shouldn’t surprise anyone because it is considered to be conventional wisdom to assume that people lie on the Internet chats. Such wisdom has also been the subject of many comedy routines and cartoons. I remember seeing a cartoon in a newspaper where two people were shown meeting after an internet chat. They were holding flowers for each other, but when they met they realized that the self-description the other person gave them on the chats was false.

So far so good, and all is taken in almost light humor. However, there is only one exception to this conventional wisdom: If one of the two people happens to be an undercover police officer running a sting operation and pretending to be an underage person. Then no matter what the conventional wisdom says, and no matter how many times you have experienced similar lies on the Internet chats, and no matter whether you consider it to be a fantasy or not, you must absolutely have believed that you were chatting with an underage person as he/she claimed. The generally accepted wisdom of “when you’re on the Internet talking, you haven’t got a clue who that is on the other end… you don’t have a clue,” does not apply in this case. In a bizarre twist of logic and reality, suddenly the conventional wisdom is not applicable anymore and you must absolutely have a clue. Welcome to the Twilight Zone.

Today, many Attorney Generals in many US states are running Internet sting operations to catch the so called “child predators”. Most people thus arrested are charged and convicted of the crime of “soliciting a minor.” These operations – which are solely based on political motivations – are not only anti-constitutional, but are diametrically opposite to the very basics of logic and reality. Here we will see some of these logical flaws in such internet sting operations.

The logical fallacy of these Internet sting operations becomes obvious as soon as one puts his prejudices aside and views these operations by replacing the alleged “crime against a minor” by any other potential crime. For example, one can’t be accused of “plotting and planning murder” when the alleged victim is a fictional character; or the alleged victim does not exist outside of the Internet chat rooms; and cannot be ever called to the witness stand in a trial. The defendant would logically and constitutionally have the right to ask the following questions:

“Who is the murder conspiracy victim?”
“In accordance with the 6th amendment of the US Constitution can I call the alleged victim to the witness stand?”

The logical and the factual response to these questions would be:

“There is no real victim and therefore, it is impossible to have the victim take the witness stand.”

Case dismissed! Because it is based on fiction and not on fact.

Now it is the same scenario where people are being trapped on the Internet almost daily by police and vigilante groups and accused of “soliciting a minor” when the alleged minor does not exist outside of the Internet chat rooms and is a fictional character. Obviously one has the right to ask the same logical questions here:

“Who is the minor victim?”
“In accordance with the 6th amendment of the US Constitution – which states, ‘In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor…’[
http://www.archives.gov/national-archives-experience/charter s/bill_of_rights_transcript.html] – can I call the alleged victim to the witness stand?”

The logical and the factual response would be exactly the same as before:

“There is no real victim and therefore, it is impossible to have the victim take the witness stand.”

But in this case, what follows is more bizarre than the actual accusation. The case is not closed. Instead the person is often convicted of the crime, sent to prison and condemned to register as a sex-offender for the rest of his life. In essence, he is grouped together with real child-molesters and rapists. This, in reality is the modern-day equivalent of the Salem Witch-hunts of the 17th century New England.

Word Analysis

The fallacy becomes more obvious when we analyze these sting operations against the very basic definitions of the words Justice and Just as defined in Merriam-Webster’s Dictionary [http://www.merriam-webster.com]:

Justice: The maintenance or administration of what is just; conformity to truth, fact or reason.
Just: Having a basis in or conforming to fact or reason.

People instinctively know the meanings of the words truth and fact. However, we will analyze their definitions in detail to fully understand not only what justice is, but also what justice is not. As the above definitions explicitly state, justice must conform to truth and fact. Therefore, anything not administered in conformity with truth and fact is not justice – i.e. it is injustice. Let us see what truth and fact mean:

Truth: Fact; the body of real things, events and facts; actuality; the property of being in accord with fact or reality.
Fact: The quality of being actual; something that has actual existence; an actual occurrence; a piece of information presented as having objective reality.

Thus, justice is the administration of things in conformity with what actually happened in objective reality.

Therefore, injustice is something that is not in conformity with what actually happened in objective reality. We are now getting closer to fully understanding the meanings of justice and injustice. Let us see what the words Actual, Real, Reality and Objective mean:

Actual: Existing in act and not merely potentially; existing in fact or reality; not false or apparent.
Real: Not artificial, fraudulent, illusory, or apparent; having objective independent existence.
Reality: The quality or state of being real; a real event, entity, or state of affairs; in actual fact.
Objective: Having reality independent of the mind; expressing or dealing with facts conditions as perceived without distortion by personal feelings, prejudices, or interpretation.

So, justice is the administration of real things in conformity with what actually happened, rather than merely potentially. It must be in conformity with facts that have an existence independent of one’s interpretations, feelings or prejudices. Anything that needs to be interpreted using one’s feelings and prejudices is not justice. Since justice has to do with reality, it cannot be based on artificial, fraudulent, illusory or apparent things by definition. Thus, anything based on artificial, fraudulent, illusory or apparent things without an objective and independent reality is by definition opposite of justice – i.e. it is injustice.

But what do the words Artificial, Fraudulent, Fraud, Illusory and Apparent really mean?

Artificial: Humanly contrived often on a natural model.
Fraudulent: Characterized by, based on, or done by fraud; deceitful.
Fraud: Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right; an act of deceiving or misrepresenting; a person who is not what he or she pretends to be.
Illusory: Based on producing illusion.
Apparent: Manifest to the senses or mind as real or true on the basis of evidence that may or may not be factually valid; not actually being what appearance indicates; a false impression based on deceptive resemblance or faulty observation, or influenced by emotions that prevent a clear view.

In other words, justice – which is based on facts and objective real existence of actual things – cannot be based on artificial things created deceitfully to misrepresent something or someone in a manner to deceive anyone from surrendering his legal rights – constitutionally given – merely on the basis of evidence that may or may not be factually valid.

Hopefully the reader now has a clear understanding of the meaning of the word Justice. It is important to understand what justice should be based on, and to clearly distinguish it from injustice. It is a sad fact that sometimes legislators, judges and lawyers ignore the very basic definition of justice and implement laws and rules that are diametrically opposite of this basic and clear definition.

Now, let us analyze these Internet sting operations in the light of these definitions we have just studied. In such operations, typically an adult police officer deceitfully creates a false profile depicting an underage person. He then chats with other people on the Internet giving their senses an illusion that he is actually an underage person. The officer then fully participates in exchange of sexual messages with this person and encourages him to meet the officer at some location. When the person arrives at the pre-arranged location, he is arrested and charged with “solicitation of a minor”. The judges, the juries and the prosecutors then proceed to interpret the accused person’s actions in the light of their feelings, prejudices and personal biases. There is absolutely no way to prove beyond a reasonable doubt what a person believed while chatting with the artificial underage character on the Internet. However, judges and juries regularly find such allegedly “child predators” guilty of “soliciting a minor”.
The whole case from start to finish is based on artificial, fraudulent, illusory and apparent things. No real minor is ever involved in such cases. Therefore, objectively it is impossible for the accused to actually solicit a minor in reality. That is the fact – a fact that can never be logically disputed by any legislator, judge, prosecutor or logician. The “minor” whom the accused allegedly solicited or attempted to solicit does not exist in actuality.

Thus, all the things inherent in the definition of justice – fact, objective reality, truth, actual and objective existence – are violated with these sting operations. To the contrary, all the things that are opposite of justice – fraudulent, deception, illusory, apparent, subjective interpretations based on feelings, prejudices and biases of “could haves” – are part and parcel of these Internet sting operations.

There is injustice going on at a grand scale throughout the United States, but people are silent about it and accepting these convictions of “internet child predators”.

It is quite interesting that the name of one of the most prominent vigilante groups that often helps police in conducting these sting operations and helps run the media circus “To Catch a Predator” run by MSNBC is “Perverted Justice”. Let us examine the meanings of the words Pervert and Perverted. These terms have popularly been used to describe anyone who, in the eyes of the general public, has any sexually deviant characteristics. However, that is just one limited use of the terms. In reality, the basic meanings given in the Merriam-Webster’s Dictionary are more broad and general:

Pervert: To overturn, corrupt; to cause to turn aside or away from what is generally done or accepted; misdirect; to divert to a wrong end or purpose; misuse; to twist the meaning or sense of.
Perverted: Corrupt; to alter from the original or correct form or version; to cause disintegration or ruin.

With these definitions, the term “perverted justice” literally means “corrupted justice,” – i.e. injustice – “to overturn, misuse and misdirect justice,” – i.e. injustice – “to cause disintegration or ruin of justice,” – i.e. injustice – “to turn aside or away from the generally accepted meaning of justice,” – i.e. injustice – or “to alter justice from its original or correct form or version” – i.e. injustice. I am not surprised. This is precisely, as we have seen, what is happening with these Internet sting operations. They are based on fictional and illusory stuff rather than fact, objective reality or actual existence. Thus, they have caused justice to disintegrate and ruin, and have altered its application from the original and correct form.

Logically speaking, this is the only conclusion one can draw. But I know many people – including many US legislators, judges, prosecutors and politicians – will shout and cry and call me all sorts of names because they have absolutely no logical answer to my arguments. Their responses are merely based on the illogic of interpreting fantasies and fiction as fact – irrespective of the truth – based on personal feelings and prejudices. It is all irrelevant and childish. None of them can refute these logical facts in a logical way, and so they must jump up and down and bring up emotional and prejudicial arguments to support these utterly ridiculous, illogical and unjust sting operations. They deserve no respect whatsoever by anyone who has any sense or understanding of basic logic and reality.

The Nature of Witch Hunts

So, the question is why this obviously flawed law not being challenged by the people? It is to be understood that all witch hunts are based on issues that the general public is emotional about. If the public were not emotional about the issue of witchcraft – which was said to threaten their children and their future – the politicians behind the Salem Witch-hunts would not have been able to frighten people and stir them up emotionally to support them in their witch hunts. Similarly, if the people were not scared about the terrorists and the future safety of their children, the Bush Administration would not have been able to rile them up to support its invasion of Iraq.

Since everyone is emotional about their children and since there have been cases where children have been kidnapped, sexually molested or mistreated, it is easy to frighten people about all these “wolves” out there preying on their children via the Internet. Once this fear is established, the basic logical questions are not asked, except by a few “child-predator sympathizers” or “stupid” people who “don’t care about the future of the United States”.

It was Hitler’s chief propaganda specialist who once said that once people are scared enough you can make them call a square a circle and a circle a square. There is no easier way to frighten people than by proposing a threat to their children. Once that fear is established, it is easy to make them accept that a fictional person is a real victim, and a person can be convicted of “soliciting a minor” when no real minor is ever involved. It is then also easy to make people make the only exception to the conventional wisdom that no one tells the truth on the internet: In case a police officer is lying about himself and pretending to be a minor, then those chatting with him on the Internet must assume that his lies are actually truths; if someone ever applies the conventional wisdom in this case – which happens to be true since the police officer is obviously lying about himself – then he can be convicted of soliciting a non-existing minor. This is a classical case of circular and logically flawed reasoning at its best. But who really cares when he/she is frightened by all those “wolves,” “witches” and “child-predators” lurking behind the shadows to prey on his/her future – their children.

We all know that about 2500 years ago one of the major charges against Socrates, the great Greek philosopher, was that he was “corrupting the youth” (Socrates’ Way – Seven Master Keys to Using Your Mind to the Utmost By Ronald Gross – New York 2002, p.170). If a great and honest man like Socrates could not survive such propaganda and had to pay with his life, what chance do ordinary people have today, especially in the face of the technology and resources available to the propaganda strategists of today?

Every politician needs to show the public that he did something special for the people so that his political power is strengthened, and, in a democratic society, he can use it to gather votes in his next election campaign. In the US many judges, Attorney Generals and district attorneys are elected officials. They need to project an image to the public that they are tough on crime and are protecting the interests of the general public. In this respect the person who can project an image of being more “pro-active” in going after criminals, will win public confidence.

Let us view some statistics regarding crimes against children in the US. Statistically about 95% of child-molestation cases occur at the hands of family members or other acquaintances of the child’s family. Of the remaining 5%, many occur at the hands of child predators who lurk by schools and parks, and kidnap children from there or from the streets. [http://preilly.wordpress.com/2006/12/27/the-facts-about-inte rnet-sexual-abuse-and-schools/] and [http://www.jimhopper.com/abstats/]. There are only a handful of cases where child-molestation happened due to an internet contact.

Let us consider the example of Texas. In Texas the Attorney General’s – Greg Abbott – office launched the Internet sting operations in May of 2003. In two and a half years prior to that the number of people arrested for crimes against children was approximately 4800. During the two and a half years since the launch of these sting operations, the number of people arrested for crimes against children was approximately 5050. [http://www.txdps.state.tx.us/administration/crime_records/pa ges/crimestatistics.htm]

These statistics are quite interesting. First, the number of people arrested in the sting operations by the end of 2005 was about 200. This means that the general crime rate against children did not fall at all as a result of these sting operations. 5050-4800=4850, which is about the same number that were arrested in the two and a half years prior to the start of these sting operations. Thus, if the purpose of these sting operations was to prevent crimes against children, then the program failed. Someone might try and argue that the sting operations were successful as they prevented an additional 200 children from being targeted. But that would be true only if the potential 200 victims were real. The fact is that while the actual number of crimes against real children remained virtually the same, the Attorney General’s office spent millions of dollars in pursuing, trapping and arresting people who never really chatted with or molested any real children. The Attorney General’s office received a huge budget for these sting operations – a vastly disproportionate amount considering the fact that the sting operations arrested only about 200 people – who potentially posed a threat against fictional minors – compared with 4850 who committed crimes against real children. That is a mere 4% of the total arrests for crimes against children.

Further, one would expect that those who were “preying on children” over the Internet must also be the type of people who were preying on children outside of the Internet. Therefore, at least a big proportion of those arrested in the Internet sting operations should have been arrested for crimes against children even without the Internet sting operations. However, the statistics don’t show that. The 4% surge in the number of people arrested, when comparing data for two and a half years prior to the beginning of the sting operations with data for two and a half years since the launch of these operations, is precisely the number of people arrested in the sting operations. Thus, the sting operations had absolutely no affect on the general rate of crimes against children.

Let us look at the details of sexual crimes against children in Texas before the start of the sting operations and compare them with the sexual crimes against children after the start of these Internet sting operations:

2002 Criminal Conviction Rates in Texas (1/1/2002 – 12/31/2002)
Aggravated Sexual Assault of Child                          994
Indecency with Child by Exposure                                2
Indecency with Child by Contact                              815
Sexual Assault of Child                                            508
Total                                                       2319
[
http://www.txdps.state.tx.us/administration/crime_records/ch l/ConvictionRatesReport2002.pdf]

2003 Criminal Conviction Rates in Texas (1/1/2003 – 12/31/2003)
Aggravated Sexual Assault of Child                        1139
Indecency with Child by Exposure                                3
Indecency with Child by Contact                            1072
Sexual Assault of Child                                            509
Total                                                       2723
[
http://www.txdps.state.tx.us/administration/crime_records/ch l/ConvictionRatesReport2003.pdf]

2004 Criminal Conviction Rates in Texas (1/1/2004 – 12/31/2004)
Aggravated Sexual Assault of Child                         1314
Indecency with Child by Exposure                               10
Indecency with Child by Contact                               954
Sexual Assault of Child                                             624
Total                                                       2902
[
http://www.txdps.state.tx.us/administration/crime_records/ch l/ConvictionRatesReport2004.pdf]

2005 Criminal Conviction Rates in Texas (1/1/2005 – 12/31/2005)
Aggravated Sexual Assault of Child                         1210
Indecency with Child by Exposure                               39
Indecency with Child by Contact                             1049
Sexual Assault of Child                                             680
Total                                                       2978
[
http://www.txdps.state.tx.us/administration/crime_records/ch l/ConvictionRatesReport2005.pdf]

2006 Criminal Conviction Rates in Texas (1/1/2006 – 12/31/2006)
Aggravated Sexual Assault of Child                         1229
Indecency with Child by Exposure                               93
Indecency with Child by Contact\                           1011
Sexual Assault of Child                                             708
Total                                                       3041
[
http://www.txdps.state.tx.us/administration/crime_records/ch l/ConvictionRatesReport2006.pdf]

These trends show an interesting picture. The Texas Attorney General started his Internet sting operation in May of 2003. The total number of convictions of actual sexual crimes against children – not including Internet solicitations – has steadily increased after the launch of these sting operations. In 2002 – before the launch of these sting operations – the total convicted sexual crimes against children was 2319. This number rose to 2723 – a raise of 404 – in 2003 after the launch of the sting operations. Then, in 2004, there was another increase of 179 (583 compared to 2002). This rate continued to rise in the next two years – 76 (659 compared to 2002) in 2005 and 63 (722 compared to 2002) in 2006. So, after the launch of the sting operations, there was sharp rise in actual crimes against children – 17% in 2003, 25% in 2004, 28% in 2005 and 31% in 2006. While the Attorney General was busy arresting and convicting “Internet Child Predators” – the witches – for soliciting fictitious non-existing children, real children in Texas continued to get sexually targeted at an ever increasing rate.

So, are these sting operations a failure? From the Attorney General’s perspective they are a huge success, not because they are protecting children – there are actually no real children involved there and the cases are based on fictional “what-if” hypothetical scenarios and the philosophy of pre-emptive strike – but because they bring huge political and financial gains for the people involved.

First, the Attorney General, the district attorneys, the judges and the sheriffs – all elected officials in Texas – have in these operations a visible element of pro-active action to “protect our children”. When a real child predator is caught – not in a sting operation but in a real incident – the case shows the public that the accused did something bad to some real child and when the child told, the person was arrested. There is no visible element of pro-active involvement by the Attorney General’s office in such a case. On the other hand, with these Internet sting operations he is able to make big news as someone who is “pro-actively going after” these “monsters” and is using pre-emptive strikes against them before they use their “weapons of mass destruction”.

If the police arrests 4800 actual child-molesters after they have committed the crime, it does very little for the Attorney General’s popularity; but if 200 “Internet child predators” are arrested, that brings the Attorney General in the limelight as a “savior”. So the “Internet child predators” – the witches of today – serve perfectly for the purpose for all those who need big news for their political careers.

Politically, these Internet sting operations serve a double purpose: One, the Attorney General can boast his success through publicizing these cases; and two, he doesn’t have to worry about answering the public about the consistently increasing rate of sexual crimes against real children. The publicity and the media give the impression to the public that the Attorney General is a hero who is pro-actively going after these “monsters” to “save our children”, so no one asks about those other 4800 cases against real children or those extra 31% real children who have become targets of sexual crimes in Texas since the launch of these Internet sting operations.

It is no wonder that in 2006 both the Attorney General, Greg Abbott, and the lieutenant governor, David Dewhurst, of Texas ran their re-election campaign on the platform of “protecting our children” from these predators. They were both re-elected very easily. Just before the elections they also went to the Texas legislature and proposed the death penalty for repeat sex-offenders. Just before the elections, the Attorney General’s office also coordinated an internet sting operation with the vigilante group “Perverted Justice” – a very appropriate name for a group that does actually pervert the entire justice system – which runs a show “To Catch A Predator” on MSNBC, catching witches on entertainment television. In this operation 22 “predators” were arrested – one of them committed suicide. The news was all over the TV and newspapers for a few days. What better way to win support for a re-election then to run such an operation, giving the impression to the scared public that the Attorney General is “saving their children” from all these “wolves” roaming on the Internet highway. The arrests of a thousand actual rapists and child-molesters could not have given such publicity to the Attorney General’s campaign as these 22 arrests of “predators” of fictional minors did.

So, the number of actual children attacked never goes down – and in fact, the number of actual children who are targets of sexual crimes goes up – but the Attorney General and the lieutenant governor can still win the people’s admiration for “protecting our children”. What a great concept.

Flawed Justifications

Most states that run these Internet sting operations justify them by citing a study that was done by The National Center for Missing & Exploited Children in 1999. One statistics often pointed out by law authorities to justify the sting operations is that, according to the study, one in five (or 20%) of the minors who logged onto the Internet chats, were solicited for sex by other chatters. “ABC News” reported it in more sensationalist terms in a report in May 3, 2006 as follows:

“One in five children is now approached by online predators.”

What the news story and State officials purposely hide from the study is the fact that at least half of these solicitations were attempted by other juveniles instead of other adults. Further, it states that

“most youth are not bothered much by what they encounter on the Internet…Most young people seem to know what to do to deflect these sexual ‘come ons.’”

This is evident from the fact that none of the solicitations reported resulted in an actual sexual encounter or sexual assault.

This is a classic case of distorting reality with statistics. The States and propagandists shout the alarm to scare people into thinking that it is a huge epidemic that needs to be controlled by funding and re-electing the State officials who are “pro-actively” working against such predators to “protect our children”.

Another justification is given by drawing analogies between these Internet sting operations and prostitution or drug related sting operations. The argument is that after all police has been running prostitution and drug sting operations for a while and not too many objections have been raised against them; these Internet sting operations are similar to other sting operations and, therefore, valid. The fact is that there are some very important differences between the Internet sting operations and the prostitution or drug sting operations.

In a typical prostitution related sting operation a female police officer, dressed up like a prostitute, stands on city corners where people often solicit prostitutes. Some person then sees this “prostitute” and approaches her and has a face-to-face conversation with her and then proposes sex in exchange for money. There I absolutely no chance of this person mistaking the “prostitute” for some lady engaging in a role-playing fantasy. Similarly, in a drug related sting operation, an officer posing as a drug-addict starts hanging out in areas where drug dealers often sell drugs. A person then approaches the undercover officer and in a face-to-face conversation offers to sell him drugs – actual drugs. There is again no chance of him mistaking the “drug-addict” as someone engaged in a role-playing fantasy.

In both these cases, there is actual face-to-face contact and verbal conversation between the alleged criminal and the undercover police officer. Further, the charges are realistic. The person is charged with “soliciting prostitution” – instead of “soliciting a prostitute” – or with drug trafficking. Also there is no alleged victim in the charges or in the indictment against the alleged criminal. In addition, soliciting prostitution or selling actual drugs are not acts protected under the US Constitution. The 6th Amendment of the US Constitution is also not violated because the police officer posing as a prostitute or as a drug addict can be called to the witness stand without any logical problems. Since the charges are “solicitation of prostitution” or “drug-trafficking”, the person who is solicited for prostitution doesn’t have to be a prostitute, and the person approached for selling the drug doesn’t have to be a drug addict.

If you are talking to any woman (or man for that matter) and you propose that she (or he) have sex with you in exchange for money, then that is solicitation of prostitution regardless of whether the other person was an actual prostitute or not. Similarly, if you are talking to any person and offer to sell him drugs, then that is solicitation for drug-trafficking regardless of whether the other person an actual drug addict or not.

When we consider these Internet sting operations, the first stark difference is that there is absolutely no face-to-face contact between the alleged criminal and the undercover police officer. There is not even any verbal communication – only written communication. Secondly, the written interaction takes place on the Internet chats where lines between reality and fantasy, truth and lies are not very clear and where conventional wisdom teaches tat people often lie about themselves on the Internet. Further, Internet is often the medium where many people engage in their fantasies as is evident from people’s personal experiences and many cases such as the one cited at the beginning of this article.

Furthermore, the charge is “solicitation of minor”. A person has to be a minor for you to solicit him as a minor. Whereas a person doesn’t have to be a prostitute for you to solicit prostitution from her, a person must logically be a minor for you to solicit a minor. You cannot go and ask a 40 year old colleague at work for sex and be charged with soliciting a minor – that is a factual impossibility. But you can be charged with soliciting prostitution if you solicit sex from her in exchange of money regardless of whether she is a prostitute or not.

Another implication of the charge is that there is an alleged minor – and therefore, a victim – involved in the case. The “minor” cannot be called to the victim stand because the “minor” doesn’t exist. In the other sting operations the nature of the charge allows the undercover police officer to appear on the witness stand without posing any logical contradictions. Because the charges are not “soliciting a prostitute” or “soliciting a drug addict”, the undercover police officer does not have to be a prostitute or drug addict. But in the Internet sting operations since the charge is “soliciting a minor” or “attempting to solicit a minor”, the police officer cannot appear as a minor victim on the witness stand because of the obvious logical contradiction – i.e. that he/she is actually not a minor. Who did the alleged criminal solicit then if he didn’t solicit a minor? How can he call the victim to the witness stand if there was no actual victim? Therefore, the problem is not only due to the violation of the rights granted to the accused by the 6th amendment of the US Constitution, but also of a logical nature.

The First Amendment of the US Constitution gives people the freedom of speech, which is one reason people in the US are able to talk freely on the Internet and engage in fantasies. In the case cited at the beginning of this article, the 40-something year old mother lied and gave her age as 18 and engaged in a sexual and romantic fantasy – without her or the man involved in it ever explicitly calling it a fantasy. But neither she nor the man involved could be charged with anything because they were exercising their rights of free speech as guaranteed by the First Amendment.

In fact, people often engage in what some might call bizarre sexual fantasies on the Internet – these fantasies range from adulterous sex between two people to fantasies of raping and being raped. Though rape is a crime, no one is ever charged with “soliciting rape” or “attempting rape” when he/she is only talking about it as allowed by the First Amendment. Here are examples of screenshots randomly taken from Yahoo User Chat Groups:

The range of fantasies also includes women/men pretending to be minors having sex with older people, etc. Anyone who has engaged in cybersex has probably at some point encountered such people. All such speech is protected under the First Amendment. Suppose two consenting adults are chatting on the Internet. One of them pretends to be a minor and the other to be an adult. What these two people talk about is protected speech under the First Amendment; much like the speech between two other people – one wanting to be “raped” while the other talking about doing the “rape” on the Internet. Many people might consider such speech offensive and even sick, but it is not criminal. It is protected by the First Amendment. If not, then the police should be arresting all those people who appear on such chat rooms (or in private chats) and engage in this conduct on a daily basis.

But all of a sudden if one of the two adults happens to be a police officer pretending to be a minor, the same speech magically becomes illegal. The rights granted by the First Amendment to all people engaging in sexual fantasies on the Internet are suddenly not applicable if one of the people happens to be a police officer pretending to be a minor. Not only is the “Internet child predator” – as the accused is labeled – required to believe everything he is told by another chatter on the Internet, he is also singled out to be the only person who suddenly loses his First Amendment rights if the other chatter is an undercover police officer pretending to be a minor. He is prohibited from entertaining the fantasy of another chatter only if the other chatter is a police officer.

Now all of a sudden, without ever seeing the other person or even hearing his/her voice, the “Internet Child Predator” – who has a bunch of text in front of him that he has to interpret in the light of the nature of the Internet and his past experiences where others lied to him during chats – must believe, without any reasonable doubt, that he must be chatting with an actual minor – a minor that he will never be able to see or call to the witness stand during his trial.

We have seen that the fallacious analogy often drawn by legal authorities between these Internet sting operations and drug or prostitution sting operations does not stand the test of factual, logical or constitutional analysis. Yet there is no outcry about this; it is accepted as a valid way to put these “dangerous monsters” – these witches of today – behind bars.

I have drawn the analogy of these sting operations with witch-hunts of the 17th century New England. Someone might dismiss this by stating that what happened in the 17th century was different than what is happening now. It has been human tendency to recognize illogical laws and witch-hunts after the events have taken place. People who were living in the times of the 17th century witch-hunts did not view them as illogical; people living in the pre-civil-rights movement in the US did not view the racist laws as illogical; the Germans living in Nazi Germany during the time when the Jews were required to wear distinct clothes did not view that as an illogical law. There are many more examples of that. There are always justifications that people find to implement and accept illogical laws – laws that violate the very definition of the word “justice”. The key is to recognize these unjust laws and witch-hunts right up front while they are taking place. As I have shown in this article, it is very easy to recognize a witch-hunt: It will always have logical inconsistencies; it will violate the very basic definitions of justice; it will not be based on factual events; and, it will violate the US Constitution.

Nature of Axioms

Another argument that is made is that this is the law, and so it is the fault of those who violate it – no ifs or buts. People assert that every rule and law is based on certain assumptions and premises, and the law that allows these Internet sting operations also has certain premises and we should accept those assumptions and not question the law. It is therefore, important to address this argument before going any further.

It is important that the readers understand the very basics of the nature of logical premises and assumptions that form the foundation of any logical argument. These assumptions must be based on observable facts that are undeniable. An example can illustrate the point better:

We know that 1+1 = 2 is a mathematical fact – a reality. Suppose you are a criminal investigator investigating a murder. The doctor’s report says that the murder was committed before 2 o’clock on a particular day. You originally had one suspect. The suspect claims that he was at a bar around the time of the murder. You go to the bar for further investigation. The first thing you notice is that the fastest a person could travel from the bar to the scene of the crime would still take him a little over an hour. You ask a few people. There is no one who saw the suspect at the bar around 2 o’clock, but there are several eye witnesses who saw the suspect playing pool at the bar at 1 o’clock. Now based on the assumption of 1+1 = 2, you conclude that if the suspect was at the bar at 1o’clock and it takes a little over an hour to reach the crime scene from there, the suspect could not possibly have been at the crime scene at 2 o’clock, and therefore, he could not have committed the murder.

I hope this example clarifies to the readers the role of premises and assumptions in reaching a logically valid conclusion.

Now suppose in the above example, the investigator had used another assumption – instead of 1+1=2, you used 1+1=1.5. Based on this assumption you would have concluded that if the person left the bar at 1 o’clock, he could have still reached the crime scene between 1:30 and 2:00, and therefore, could have committed the murder. You could draw this conclusion because if 1+1 =1.5 and the distance takes just a little over an hour then 1 o’clock + 1 hour = 1:30, and he could then be there a little after 1:30. So the guy is arrested and taken to trial. Should the guy have to even go through the trial just because the assumption used by the detective is faulty? We know it I faulty because it is an assumption that is not a fact or reality. Since the assumption is not factual, the conclusion is false.

This example should make it clear that assumptions and axioms must be based on facts and reality and not just on someone’s whims.

Throughout human history, states have been guilty of making faulty laws because the underlying axioms or assumptions are not based on facts, but have been invented based on personal biases and whims. States have legislated segregated restaurants, schools, buses, etc. for blacks based on the faulty assumptions that blacks are inferior to whites (for example, in the apartheid South Africa and the pre-civil-rights movement in the United States); In the Nazi Germany, it was legislated that Jews wear clothing that distinguishes then from other people because it was assumed that Jews were inherently evil; In the 17th century New England, it was legislated that Quakerism be illegal because they were assumed to practice witchcraft. And there are many more examples. In each case the reason for the existence of these laws is that the underlying assumptions they are based on are fictional and not factual. The ideas that blacks are inferior or that the Jews are evil, or that the Quakers are witches, are all fictional – they have nothing factual in them. Therefore, any legislation based on these assumptions is bound to be faulty and unjust.

There are many more examples of faulty laws that have existed (and many still do exist) in many countries. In each case the reason is that the underlying axioms or assumptions are illogical and not based on facts.

This is an important fact that legislatures, and even members of the judiciary often overlook. They debate the validity of any law based on the constitution of the country alone. But logic comes before any constitution. The authors of a constitution assume certain logical facts and do not have to spell them out in the text of the constitution.

For example, nowhere in the United States Constitution one sees the statement that “1+1 =2 and not 1.5.” Such logical facts are assumed by the authors of the constitution. Therefore, today if someone proposes a law that 1 o’clock + 1 hour = 1:30 and not 2:00, the refutation against this will not be explicitly found in the U.S. Constitution, but the law should still not pass because it is based on an illogical and non-factual axiom.

If legislators and judges of any state would first check the logical and factual validity of the axiom at the base of any proposed law and discard any law that is based on false axioms, we would never have any unjust laws. The constitutional debate should only come after a proposed law has passed the test of logic and facts.

Some Basic Facts

A simple logical and factual analysis would show that a person that doesn’t exist – or exists only as a fictional character in an Internet chat room – cannot be murdered. Period. Regardless of what an accused person is thinking, believing or planning, he cannot factually or logically murder someone who is fictional. End of discussion. This is a logical fact. No one can dispute this. Similarly, a minor that doesn’t exist except in an Internet chat room cannot be solicited. Period. Regardless of what an accused person is thinking, believing or planning, he cannot factually or logically solicit a minor who is fictional. End of discussion. This too is a logical fact that no one can dispute.

It is for these reasons that a few judges in the US have thrown such cases out of their courts. For example, in 2005,

“U.S. District Judge Dean Whipple acquitted Jan Helder… of using the Internet to try to entice a child into sex. Helder’s attorney, J.R. Hobbs, had argued that his client didn’t break federal law because the person his client was accused of enticing wasn’t a minor. The ruling came just minutes after a jury returned a guilty verdict. Helder, 42, of Mission Hills, Kan., had faced a sentence of five to 30 years.”
[Judge tosses Cops’ internet sex-sting tactics – The Columbia [MO] Daily Tribune – August 3, 2005] and http://www.columbiatribune.com/2005/Aug/20050803News019.asp ]

What was interesting that when this news item was reported on the Internet on www.unknownnews.org, the first comment about the report was:

“Nobody but pedophiles want to see pedophiles get away with pedophilia”

This is a classical response by people who have been brainwashed into thinking a certain way: During the Salem witch hunts many people who sympathized with the witches or who argued that the witch hunts were illogical, were themselves accused of being witches; and from the more recent times, during the heat of the cold-war with the Soviets many people in the US who had a socialist outlook on politics were accused of being “commie-sympathizers” or “commies” themselves; many racists in the US classified those whites who were fighting for equal rights for blacks as “nigger-lovers”. This is a common response of one who is brainwashed so that he cannot see the obvious logical facts, but is programmed to react emotionally to all such things that refute his factually false assumptions.

In the above report, it further states that

“Hoping to make a dent in what appears to be a widespread problem, the Platte County Sheriff’s Department has made online child exploitation a priority.” [http://www.columbiatribune.com/2005/Aug/20050803News019.asp]

The Sheriff’s Department identified these “Internet predators” as a widespread problem that Missouri State was not going to put up with. Once again, if we assume that the rate of Internet-related kidnappings and sexual assaults in Missouri is similar to Texas, only about 4% of the arrests in cases involving crimes against children are from these sting operations. The vast majority of cases of child-molestation, child-kidnapping, and other such crimes do not occur through the medium of the Internet. How is it a “major problem” then? The fact is – as the statistics prove – that it is not. Just a police chief or a district attorney claiming it is a major problem doesn’t make it a major problem. The statistics have to back such a claim.

The reality is that this is a manufactured problem. Even the small percentage – compared to the total arrests made for all crimes against children – of arrests made from these sting operations are made from operations where the cops literally entrap the “predator” by behaving in ways that a child would never behave in. The reasons for manufacturing this “big problem” have already been discussed – i.e., to give the appearance of a concerned, pro-active individual who has dedicated his life to “protecting our children”, so that despite what the statistics say, he is perceived as a good police officer, judge, prosecutor, Attorney General, lieutenant governor, or governor. Now he can use this manufactured persona to get re-elected and to further advance his political career.

In fact, the overall rate of crimes against children in the U.S. has been going down steadily since 1990. However, if you listen to the media it seems that the American streets are crawling with child predators and other such monsters. The idea is to keep people scared so that when needed, new legislations can be passed to manufacture other “problems” so that the politicians can seem like pro-active heroes to the public. The following graph is taken from [http://preilly.wordpress.com/2006/12/27/the-facts-about-inte rnet-sexual-abuse-and-schools/]

As the statistics prove, the problem of the “Internet child predators” is not a big problem. For sure, there are a few people who are actively targeting children and other minors on the Internet. But it is nothing that can’t be handled with a little better education of our children and better security on the Internet. MSNBC’s “To Catch A Predator” claims – without any statistical evidence – that at any given time there are 50,000 Internet predators on the web in the U.S. If so many predators are daily targeting children on the Internet, then a little statistical calculation would show that they are highly unsuccessful and are basically wasting their time.

Let us assume that on a given day each of these 50,000 “predators” are targeting at least two kids each – a very modest estimate given that often chatters chat with many more people than just two on a given day. That means that at least 100,000 children are targeted each day. Over a period of 30 days (approximately, a month), at least around 3 million kids are targeted. Over a period of 12 months, at least 36 million kids are targeted. Let us see the countrywide records of how many kids per year have been targets of child-molestation as a result of Internet chats. The records would show that only a handful of cases of sexual assaults or kidnappings countrywide can be directly related to Internet solicitations. Since the cases are very few, they are not even reported separately. Judging from the news reports, we can assume that at most 10 cases of child molestation per year are directly related to Internet solicitations. That would be about 0.00003% success rate for these “50,000 predators”. Even if we assume that half of the estimated 36 million kids per year were repeat “targets”, even then 10 out of 18 million is about 0.00005%. Big problem? These potential “child predators” would have a much better chance at succeeding if they spent their time around schools and parks instead of the Internet.

Of course, MSNBC gets huge ratings for this show, and that means huge money. Therefore, it is important for them to make it a huge problem. How else can they justify this modern-day witch-hunt? In 2007, former Miss America, Lauren Nelson, also participated in hunting down these modern-day witches. Such is the case with witch hunts – every Tom, Dick and Harry (and Miss America) can act as law enforcement personals because rules and requirements of evidence for such cases have been changed so that fictitious stories are considered “evidence”; hence the media circus surrounding the issue.

A Challenge

In the end I would like to issue a challenge to all U.S. legislators, lawyers, judges, Attorney Generals and governors to have a public debate with me regarding this issue in a logical manner. Emotionally, anyone can jump up and down and dance around and scream “child predator” or “witch”- but can any of you refute the argument that one cannot solicit a non-existing minor, just like one cannot plan to kill a non-existing person?

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Hello world!

Posted by ntabrez on July 31, 2008

My name is Naveed Shams.  I am writing this blog to tell the true story about my case and to dispell the bullshit spread by Texas Attorney General’s website against me.

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