We all hear about these police stings, where law enforcement officers post or respond to ads on ADULT dating sites and then, after engaging in a sexually charged conversation and some strong leading, pull a “switch-a-roo” and announce the fictitious person is fictitiously under-age.
We all know what usually happens; the feds threaten decades in prison but offer a plea deal that, given the risk, most defendants grab. In fact 97% of prosecutions go this way.
Well a Georgia man stood up and fought back! Facing a minimum mandatory 10 years in prison, he took his case to trial AND WON!
Story is below:
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It took a federal jury slightly more than an hour Wednesday to find an Auburn, Ala., man accused of being a child sexual predator not guilty.
Ji Won Kim, 26 was one of 21 men arrested in November as part of a multi-law enforcement agency sting in which investigators posed as children online. Though he was arrested by Columbus Police in early November, Kim was indicted Nov. 16 on the federal charge of attempted online enticement of a minor.
He was tried this week in the Middle District of Georgia in front of Judge Clay Land this week.
If convicted, Kim would have faced a 10-year mandatory minimum sentence and a maximum term of life in prison and/or a $250,000 fine up to a lifetime term of supervised release, and mandatory sex offender registration if he had been convicted.
Kim’s attorney, Bernard Brody of Atlanta, said the case should never have gone to trial. Some of the jurors hugged Kim outside the downtown Columbus courthouse when the three-day trial was over.
The prosecution contended Kim drove from Auburn to Atlanta for the purposes of having sex with a 14-year-old girl he had met online. Kim’s defense was he did not know the girl was 14 and that she led him to believe by an online photo and a phone conversation that she was much older.
The jury of seven women and five men got the case at 11 a.m. and returned an acquittal at 12:25 p.m.
“The jury agreed that Ji Won was not a predator and had no intention or desire to meet a 14-year-old girl,” Bernard said. “Also, they found that Ji Won clearly did not believe she was 14, which is what the government was required to prove at trial.”
The U.S. Attorney’s Office in the Middle District of Georgia issued a brief statement. The prosecutor was Assistant U.S. Attorney Crawford Seals.
“We are disappointed with the verdict but we respect the jury’s decision,” said spokesperson Pamela W. Lightsey.
Kim is the first of the defendants arrested in the sting called “Operation Hidden Guardian” to go to trial. At least four of the defendants have entered guilt pleas in front of Land: Kenneth Jordan, 29, of Columbus; Edwin Nieves, 55, of Columbus; Christopher McGowan, 32, of Mechanicsburg, Pa; and Dereck Weldon, 30, of Columbus.
Each man pleaded guilty to the lesser charge of use of interstate facilities to transmit information about a minor, a felony that carries a possible fine and up to five years in prison.
During Operation Hidden Guardian, which launched Nov. 9, investigators posing as children had more than 600 exchanges with people on various online platforms, including social media and chat rooms. In more than 400 of those exchanges, the suspect initiated contact with the “child” and directed the conversation toward sex.
The agencies involved in the investigation were the Columbus Police Department, Muscogee County Sheriff’s Office, District Attorney’s Office for the the Chattahoochee Judicial Circuit, United States Attorney’s Office for the Middle District of Georgia, the Georgia Bureau of Investigation’s Child Exploitation and Computer Crimes Unit, and the Georgia Internet Crimes Against Children Task Force.
The operation fell under a task force called the Internet Crimes Against Children, which was started by the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, Brody said.
The operation, at least in Kim’s case, was flawed, Brody said.
“He responded to an ad on Backpage.com looking for a prostitute,” Brody said. “The ad was created by ICAC and it contained pictures of Hayleee Peacock, a 26 year-old GBI agent. “According to the agents, many people responded to the ad who were not looking for children but most of them turned away once the agent said she was 14.”
Ji Won initially asked the agent to send him a selfie so he could be sure that the picture in the ad was real as many ads on Backpage contain fake pictures, Brody said. The agent said she was 14 and he was shocked since he had never run into a minor on Backpage before.
“She then sent the selfie of herself and it was clear that she was at least in her 20s,” Brody said. “Then he called back and said, ‘You’re not really 14, right?’ she stuttered and he then realized she was lying. Although she kept saying she was 14, he decided to go out to the house anyway. She was very attractive and he just was sure that she was not 14. He then got arrested and told the agents that he in no way believed she was 14, pointing to the ad, the selfie, her voice, etc.”
A search of Kim’s phone showed no evidence of child pornography or any communications with minors, according to evidence presented at trial.
Kim was born in South Korea and moved to the United States when he was 12. He graduated from Auburn High School, and was in the final semester at Georgia Tech. He earned his engineering degree in December, but was not able to walk for the graduation because he was in jail.
I’m a 49 year old family man and 20 year retired veteran, who’s never been in trouble with the law in my life.
I got caught up in one of these stings in Georgia (probably the same folks in the article). Unfortunately, I couldn’t afford an attorney and had to go with a public defender. Also, unfortunately, I was convicted and sentenced to serve 2 years of 15, and have to look forward to being a registered sex offender for the next 25 years for nothing more than having a conversation online. First time brush with law enforcement and our criminal judicial system.
Currently, I’m attempting to appeal and have my conviction overturned based on inadequate defense from my public defender. The trial judge has already denied my appeal, so we’re moving on to the state court of appeals. I’m concerned about what my options are if my appeal is denied again.
Isn’t there anything that can be done to have these sorts of operations banned across the country? Like maybe some sort of lawsuit or legal action against the government?
This page truly has all of the information and facts I needed about this subject and didn’t know who to ask.
Hi Marlene – http://www.ssrepentance.com/resources/helpful-websites/ under ‘law enforecment websites.
LadyJusticeMyth
Marlene – I am here to help support you. I replied to your email but the address bounced as undeliverable. Please reach out again so I can find you!
This was a very interesting article. I was caught up in an online sting by the county sheriff’s department here in texas back in july of 2014. I was arrested, served 90 days in county jail and was released when the DA rejected the charge. My PD told me to be thankful and live my life. My truck was impounded and auctioned off, I was counted AWOL during the 90 days in jail from my Nationa Guard unit which forced me to lose my retirement after 17 years of service as well as I was kicked out of college with three semesters from completing a bachelors degree. Fast forward two and a half years and I had just recieved my CDL and was at an orientation for a truck driving position for a national logistics company when I was pulled from the orientation and told my background check came back with an open felony warrant. To reapply when I got it taken care of. I went back to that county only to find out from a bondsman that the warrent was already filed as served. After the bondsman called the court, the warrant was reinstated and I paid on a $20,000 bond, self surrendered, booked, released, then paid $7,500 for a lawyer. That lawyer wouldn’t do anything until an indictment came down which happened 12 days after the 3 year SOL expired. I asked my lawyer about the SOL and he told me the indictment was good. The process kept being pushed back until finally after a year I was able to convince my lawyer to file a motion to dismiss due to SOL violation. The ADA didn’t argue and the motion was sustained but then the ADA said they would come back to court in two weeks with another indictment, bond request, and warrant. Two weeks later they did file an ammemded indictment stating when the initial warrant two years earlier that was filed in a different court tolled the SOL. At that point I retained another lawyer for another $15,000. He filed a motion to dismiss becaise of the SOL violation but the court denied the motion. My last court date was scheduled but was postponed this time because of the covid19 lockdown. So I am now at two months shy of six years after my initial arrest and three years and three months since the initial complaint was filed. I have been in contact with a bondsman every other week for the past three years and don’t have a new court date set. Something tells me that there is probably no other case from an arrest from a conducted sting that has lasted over 6 years and still not gone before a jury trial. I have gone through every emotion imaginable but do believe that justice wil prevail. I’m even at the point of looking into suing someone responsible for this mess for violating my civil liberties.
That’s CRAZY John. OK, all of these are crazy but wow. I’d love to chat more if you could please write me at [email protected].
I just saw this and was going to tell you about this. What a horrible example of how completely messed up our judicial system is, and I’m quite certain it’s pertaining to Pro-Active On-line Sex-Stings. MKK
I’m sorry for all that you are going through with this mess John. I too have been caught up in a sting here in Texas. I think most of us here have felt the despair that you must be feeling. I hope that it all goes well for you and that you are able to sue. Money is a huge reason that these stings are done. The more we can make it cost them the better.
Good luck, Tom.
We know for a fact that there is a a lot of dishonesty and corruption involved in these sex sting operation cases in Texas. We have hard core proof of some of this.
Many defense attorneys in Texas, I would say most, are part of this scam. It all comes down to money. I firmly believe it’s also a part of helping cover for the sex trafficking business that many people working in the system are making money off of. I don’t doubt one bit that this also involves the victimization of minors.
They are creating fake “child predators” to make it look like they are protecting children, when in reality they are doing the opposite.
The State Bar of Texas is behind this too. This is why they are able to get away with all the dishonesty and corruption involved in these cases. The state bar is helping cover for all the dishonesty and corruption involved in all this. It’s Texas DPS, the State Bar, and I’m sure there are higher government officials behind it as well. It all comes down to money.
They are using gaslighting to create doubt and confusion in people to ensure they get the convictions they are desperate for. Gaslighting is what dangerous individuals use to get what they want, at the high cost of hurting others.
Defense attorneys & TX State Bar are behind online stings? That’s quite a claim. How would that even work?
Do the defense attorneys who promote online stings, get those same cases referred to them? How?
Texas State Bar Association revenues come from member dues collected from Texas attorneys. If the Texas State Bar promotes online stings, do they collect more dues?
We have one Texas defense attorney, Richard Gladden, who semi-regularly shares his comments here. Has anyone asked him about this alleged phenomenon with defense attorneys and online stings?
Jacob, if you want more details I can provide that for you. Would like to email me for more details?
Yes, they are behind the dishonesty and corruption of forcing convictions for money purposes. Is that really hard to believe?
Dig into into. I’m sure you’ll find out even more than just what we know, if you really take a good look at it.
Like I said, we have plenty of undeniable proof. That’s what it all points to.
Look at the facts first, then decide if this is really impossible like you seem to think.
Hi Jacob – Aracely has dealt with this in TX. I have only dealt with WA, but I can back her on many of her statements. I cannot say that the defense attys or state bar is behind the stings in WA, but they DEFINITELY know whats going on and turn a blind eye. The public defenders cant do anything – they are paid by the same government that gives money to fund the stings directly – as are the prosecutors and judges. Private Defense lawyers are the ones who can actually break this open, if allowed, but are usually blocked by the judges. Yes, it sounds like a huge conspiracy theory but in reality this is just another form of organized crime.
The cops are paid big bucks by the state and fed govt to make and prosecute arrests of sex crimes (guilty or not). Additional funds come into the state thru court fees, state facilities (jails, prisons, bondsmen, etc), and the infrastructure that supports all these places and services. That money paying the judges and prosecutors. All the while the public does not know that all this money rides on the backs of innocent men in the case of these sex stings. Set ups have ALWAYS happened to men of color, now its just happening to whites as well and in an ‘in your face’ way.
Same way here it’s been three years for this crap for something they did and blaming me for I can’t afford a lawyer I’m disable so looks like I’ll be in prison for no reason and never been in trouble before im49
I feel for you brother and definately hope it goes well for you. Just FYI as an update with my situation, I was planning and ready to go to trial in my case this past august, 7 years after my initial arrest, when the DA offered 5 years deferred adjudication and additional 10 years on the state SO registry. I ended up taking that plea deal even though I felt I had a great chance of winning an appeal on the statute of limitations. However, with the over $25,000 already spent on two lawyers and the fact that I need to stay here to help my 70+ year old mother, I didn’t want to wait for the appeals process while not being able to help out my mom. I figured with the deferred adjudication any felony paperwork will be wiped out after my 5 years of probation was good enough for me. I concur with others in rhis thread that say do not talk to any law enforcement without an attorney present, do your own research just to verify what your lawyer advises, and keep the faith. This system is definately screwed up and it sucks to get pulled into it. I’m actually learning quite a lot in my probation group counseling sessions that are helping with other areas in my life. Just keep positive and make the best out of the situation. God only gives us what we can handle and it’s good to be reminded that even though we might not understand at the time why, but there is a greater purpose in every struggle. Best of luck to you brother.
Please email me at [email protected]. i am being charged with solicitation of a minor for pictures. The profile is of a woman that is 20. But then later says she is 15 and and i asked for 2 pictures. We didnt speak for a year then i found her profile again and started talking and we decided to meet foe lunch and talk. I was then arrested when i showed up. I dont believe there is an actual minor and that it is an agent posing as 15. I live in tn and wanna know if fhat is considered entrapment.
Damion. I HIGHLY recommend the only person you speak with and disclose case details to is your lawyer. PLEASE. Especially while your case is pending.
FAC
Is there any way that you could help by starting a list of attorneys in each state that are experienced in handling cases related to sex offenses. I would like to hire an attorney but because of my past experience with them I don’t want to waist a lot of time and money just to find out they don’t know what there doing. I know I could prove my innocence , but need a good attorney or maybe just a private investigator.
We maintain a list on our resources page.
Am caught up in sting operation, where all the evidence has been doctored to fit the narrative and can discredit what is being said as they don’t have evidence backing what they have said literally just the word of this supposedly credible detective, and the fact I can clearly prove they planted evidence and there no actual original messages from the app. We talked on, all screenshots from there phones which they had scroll locked to not show the age they had put , which absolutely doesn’t match what they put in the report. My lawyer said not to question it that the prosecutor has gone to the minimum 5 years. I am disabled as well with grand mal seizures and have been proactive as hell to find about my meds, have talked to the Deputy Medical Director as to alternatives offered because I am on medication that hasn’t even been out more then 2 years there are no generics or alternatives off, The Deputy Director actually said he could only give me one of the medications and would be serious issue on the other 2 medications and he wanted to talk to my neurologist to talk about other alternatives which I have tried every medication available and there are 2 that I have had the most extreme side effects one being suicide, I committed suicide in 2016 from Kepra reaction was on it for 2 weeks and one day just got up went outside and hung myself am lucky wife found me and kept compressions as I had no pulse, kepra is one of the prisons primary alternatives. So not only am I getting screwed on the case I have to worry about my seizures going out of control that could leave me with major deficits or even death. As all the Deputy Director could say is that he is sorry but would look into what he could do as he admitted they could not give adequate care by giving me just 1 of my three medications. I don’t know what do as I am absolutely terrified of dying a excruciating death.
Im so very sorry to hear about your situation. Please feel free to email me directly at [email protected].
Two members of our group just had their cases dismissed, one up in WA state, and one in Arizona, due to the police not having kept all of the evidence. If they do not have some of the evidence, which is true in most of these cases, you have to fight with an attorney for full discovery. That is the first piece, until they give you all the evidence – not just what they retained – your lawyer should be fighting. The second piece is to have an investigator. They will find texts manipulated, privacy laws broken, etc that your attorney should present and argue in court. And lastly, this IS entrapment, you have to argue it. The police are using enticement, not ‘merely affording the opportunity’. It is untrue that you must admit intent to use the entrapment defense. Find a competent lawyer and be prepared to fight!
John’s Doe:
Do not take their plea. You will more than likely regret it if you do, like many do in these cases. You can’t trust your lawyer in this. He’s already shown you, you should not trust him on this. Like you said, you have proof that they fabricated evidence, and your lawyer is clearly trying to shut you up about it. That’s pretty typical in these cases. Not sure if the defense lawyers get in trouble or something for winning these cases, but it certainly appears to be that way.
These convictions keeps their funding and helps them maximize the funding they receive from the federal ICAC grant program and very likely other funding as well. They have to create high number of convictions for this. It also looks bad on them if they fail at prosecuting the cases of arrests they make for this. They don’t want their dirty secrets exposed. So, you have to fight hard to make sure you EXPOSE what they are desperately trying to keep you from exposing.
Hire a different attorney. If it’s an appointed one, write to the judge and request a different attorney. Let the them know you have proof of fabricated evidence and this lawyer is refusing to use it. Report the lawyer to the state bar for it.
I know those are big steps, but that’s what it takes to expose them. If you don’t expose them, they win, and it’s very easy for them to get away with it.
EXPOSE, EXPOSE, EXPOSE
Are you familiar with our group? Visit Cage.fyi
You can reach out to us through the website.
Whoa… we can’t tell others whether to take a plea or not. The only person John Doe should be consulting with is his attorney. Don’t get me wrong, I greatly admire anyone who stands up and fights their case, but Mr. Doe and everyone reading this should not take legal advise from this forum, from FAC or anybody other than their attorney. If John is not happy with his attorney, he should certainly consult with another attorney, but only an attorney licensed in Florida (or whatever Jurisdiction Mr. Doe’s case is from), who has reviewed the case, should be advising him. If, the result is he rejects the plea and fights his case, we’ll be here rooting for him.
Aracely….
First is , “To Go To Trial OR Not Go To Trial”; in Most Cases, Similar to Mine in the Aforementioned, I was Told by ‘Experts’ That I would Be ‘WACKED’, even though Clearly Fabrication Existed (2012)-but, than, could not be proven by ‘Forensic Computer Experts’ at that Time…..While, -In, Today’s Forensic Computer Environment, It can NOW be detected! So I had to “walk the plank”
So Everyone’s Case, Is Really Independent of One Another’s as Each One’s Cases ‘Have Different Darts Thrown At Them, at Different Times’
I was convicted in one of these stings and I never thought cops would be online in adult sites/chatrooms pretending to be minors. Crazy we are considered to be perverts trolling for minors when an adult was Trolling adults pretending to be a minor.
Actually most of these case ARE the same. Law Enforcement have a formula, they follow it and are very successful at their sham. Sometimes they mess up, many times not. Where there is evidence missing/deleted/mistakes one maybe able to get a dismissal or great reduction in a plea. The big thing is the STATE. Where did it occur. If in WA State, the 60 months sounds like a familiar plea, that is they want in all these cases; 5 years. Dismissals are rare, as are wins in trials so keep that in mind. If you have “planted” or “mistakes” in evidence that is a good sign of shoddy work and your chance to win increases; an investigator will be helpful going to trial or no. Also planted evidence would be criminal! You have to weigh the plea vs going to trial. Look at MINIMUM sentence range as your starting point. If plea is 60 months and MINIMUM range is 76.5 months that is probably worth the trial (pending conditions). That is what many are in WA State. For no criminal history they won’t give you more than the MINIMUM range (>90% of the time). If you are YOUNG you can get youth mitigation, but sounds like not for you. Federal cases are VERY TOUGH. I would recommend not messing with those, they have 10 year minimum on child enticement. It is insane. I would avoid a federal case at all cost. There is NO easy answer, once you are caught up in their system there is NO easy out. Everything comes at a cost. The pain for this will be long. My condolences. Check out my site for how to fight these and lots of related articles: http://www.ssrepentance.com
-Samuel
John Doe
I know what you are saying is believable. My son has diabetes he had a driving ticket, but didn’t show up because he was in a diabetic coma for three weeks. When he got out of the hospital he went back to work. As he was getting ready to pull into his driveway from work ,he got stopped by police because of a tail light out. They ran a check and saw he had a unpaid ticket so put him in jail. He had no money because of being out of work for a month. He couldn’t pay bail. $150.00 . What was worse they would not let him take his insulin because they said they couldn’t confirm what was in the bottle. They took it from him. He didn’t want to call me at first but did the next day. He was getting weaker and would have been back into a coma again within hours or dead within 24.
Your life means nothing to them. The only thing that does is money and promotions.
I bailed him out and paid his ticket. If you don’t get someone who is interested in your well being you don’t have a chance. The system is rigged against you. They have all the cards and it’s a marked deck. It’s only fair in the public’s imagination. The fact that they get away with it 95% of the time emboldens them to keep doing what they do. When they do get caught they just laugh it off with no accountability.
That’s what you’re up against.
I know because I’ve been threw it. Don’t trust them or anything they say and if there are any red flags with your attorney don’t trust him, get another one . It’ll cost you more money in the long run but you’ll have your life.
Wish someone had given me that advice 25 years ago.
JUst read about you and Jace and wonder how it goes.
Hi Mark – we await what should be an overturned conviction through appeal on a procedural step. Then we get to play with their monkeys, in their circus, all over again. Are you in a similar situation? I’d be happy to read your story if you’d like to write me at [email protected].
What advice do you have for someone who believes they were involved in a sting that happened yesterday and have yet to be confronted with the reality of their text messaging involved through an online dating app?
A sting that happened YESTERDAY? Talk ONLY to a lawyer.
AGREED!!! DO NOT SPEAK TO ANYONE OTHER THAN A CRIMINAL DEFENSE ATTORNEY AND GET A GOOD ONE NOW!!!
Dear Hopingthings are ok – I would love to talk with you in more detail – can you email me at ladyjusticemyth.blog
To answer your question – let me start with the most important. IF you are arrested the only thing you say to the police is Lawyer. Absolutely do not try to cooperate or prove your innocence. They do not care. It is not their job to prove or disprove and they will twist, some even lie, to get their conviction for their prosecutor.
Second – back up ALL your messages, your profile, the profile you answered, emails. Everything that has occurred. Put all that info together now and give it all to someone you trust. Reason – info will ‘go missing’ – AKA deleted, that can show a logical reason for your assumptions. Like the profile was of an adult – they showed a pic of an adult – etc. additionally it will show them leading you to explicit sex descriptions. It will also show. Among other things. What I would be prepared for is the persona to reach out to you again. Call you names, try to get you to reconnect by any means necessary. This happens a lot. Respond one time with ‘I am not interested in any communication with a minor’. Then completely stop corresponding. Again, making a copy of all attempts they have made to ‘reel you back in’. Again store this out of your house with someone you trust. Remembering, the only thing you EVER say to them is ‘I WANT A LAWYER’. Never consent to a search. Do not sign anything. Do not agree to an interview. Do not take a polygraph. Nothing. It is a farce, it is all a part of their trap.
Congrats on spotting this and taking proactive measures. Please do write me – i’d like to get details as I try to let others know what has happened in these case. Much love and support.
And by “giving that info to someone you trust,” we mean, your lawyer. Don’t put anyone else in the position of possessing that info, even if it seems mostly innocent to you.
See FAC’s attorney referral page if unsure who to contact.
Don’t talk to police. Don’t answer any of their questions. Don’t trust anything they tell you. They are allowed to lie all they want, and they do it a lot. They will take anything and everything you say and twist it into exactly what they want it to be. They are not interested in any truth at all, not if it goes against what they want. They are only interested in making it all look like exactly what they want. They will never accept that they are wrong about anything.
Don’t give them any kind of opportunity to force you to make up and say the things they desperately want and need you to say (for their own purposes). They will do this if they see that opportunity. Don’t fall for any of that. Don’t believe them when they are pretending to be nice and pretending to be trying to help you.
If you don’t talk to them at all, it makes the case against you much harder because they won’t have anything from you that they can twist into what they want, etc, which is what they do all the time. If you answer any of their questions it will make it so much harder to prove your innocence. Police can lie all they want, and they do because they know that most people will believe them over believing you.
One note, be careful about Lawyers too. They are not always your advocate. I’ve seen many people get a lawyer and have to fire the lawyer. I’ve seen lawyers sit and do nothing, try to wait it out. I’ve seen lawyers not try to argue for the best plea possible in these stings. Many of these stings are not beatable. Be very careful–you will be your best advocate as are those who are going through these stings. Not the police, prosecutor, nor lawyer. Being informed is your best bet.
Samuel Washington
You are 100% correct. Especially if it’s a court appointed lawyer. The prosecution basically chooses them because they know it’ll be a push over by using them. And they won’t give the prosecution any resistance.
The problem is most people in this situation are there for the first time and are not educated on how the system works and the prosecution knows it . So they screw you over big time knowing your ignorance on the matter. After it’s too late you learn how it works.
Even the prosecution acts like what you’re accused of isn’t a big deal until they have destroyed your life and it’s too late .
Right now your best defense is anonymity. Don’t contact anyone except a lawyer. If the lawyer needs evidence, let them gather it. Don’t share case details with anyone without their approval. It is entirely possible that boards like this can be monitored by LE. Who knows, if they can fake a social media profile, they can fake being a supportive user on a board like this. I would be wary of anyone wanting to make direct communication with you right now.
Hopefully you haven’t not been baited into a trap that could cost you your freedom and a future free from the unwalled prison of the registry. Best wishes and stay out of trouble!
I disagree with your assessment – if this WAS a sting he has no anonymity. Talking to a trusted lawyer, if you can afford one, is definitely a good idea. But having been through a proactive sting myself taking action AFTER the police make a move is not a good idea. You need to be ready. You need to know to not talk at all. You need all pertinent info stored so it cannot be deleted or manipulated. Be safe, take care, protect yourself!
anyone have the case number or state for “” when law enforcement use the expressed or implied promise of sex it violates due process”
found the quote but cant find case.
Kathleen still fighting against KY
sons got his Supreme court papers ready in case appeal goes south
You go John!!
I’m sorry I do not have that case number…here are some others though…
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)
A “heckler’s veto” can not be used to declare someone’s sexually explicit speech illegal on an adult website just because an undercover officer arbitrarily states they are a minor.Gennette vs. State, 1D12-3407 (Sept. 13, 2013)
The law does not tolerate government action to provoke a law-abiding citizen to commit a crime in order to prosecute him or her with that crime.People v. Aguirre, No. G045009 (CA 4th DCA, April 5, 2012)
Our analysis suggests the government should not be in the business of testing the will of law-abiding citizens with elaborate (if improbable) fantasies of sensuous teenagers desperate to engage in sexual acts with random middle-aged men.Lusby v. State 507 So.2d 611 (1987)
We do not condone general forrays into the population at large by government agents to question at random the citizenry of this country to test their law abiding nature, i.e., virtue testing.Sherman v. United States, 356 U.S. 369 (1958)
Entrapment occurs only when the criminal conduct was “the product of the creative activity” of law enforcement officials.Sorrells v. United States, 287 U.S. 435 (1932)
Literal interpretation of statutes at the expense of the reason of the law and producing absurd consequences or flagrant injustice has frequently been condemned.Farley v. State, 848 So.393 (Fla. 4th DCA, 2003)
…Farley was not involved in an existing criminal undertaking in need of detection by law enforcement; rather, LEACH sought to manufacture crime based on a list of names and addresses of unknown origin.Beattie v. State, 636 So.2d 744 (Fla. 2nd DCA, 1994)
It is undisputed that law enforcement did not know Beattie for any deviant activity or involvement with child pornography until he responded to the advertisement. Customs did not target individuals when it placed the advertisement in the publication.State v. Glosson, 462 So. 2d 1082 (1985)
Prosecutions that have a financial incentive violate due process.Case not remembered:
When law enforcement use the expressed or implied promise of sex it violates due process.
Love and support,
Kathleen
Thank you for your blog.
I posted a question, but not sure if I did it right, so here it is again:
Does anyone know of any current Washington State Appellate attorneys that are currently or have handled cases like this (successfully)?
Thanks for your input.
The best one has retired but she won 2 out of 3 cases she brought before Appellate courts. Lenell Nussbaum. The other person who won was Jason Saunders. Entrapment. That is your best shot. Some have gotten some conditions adjusted but not too much else. The FINAL entrapment decision will be made by the Supreme Court very soon in 2022 (maybe Jan/Feb time-frame). This SHOULD be allowed and will help these cases a bit more. Good luck.
I think a big part of the problem has been just finding attorneys who really understand what ICAC task forces are doing to trap men for this scam and accepting that it is a scam.
Most of them are just accepting excuses like:
“The men should have stopped communicating with the person claiming to be a minor.”
“They could have reported the minor.”
“They could have called police.”
“The men were not tricked because the person made it clear they were a minor.” Etc.
All of them are lame excuses to not use the entrapment defense. All of these cases (where the men were trapped in adult content places online) are cases of entrapment.
My favorite is: “No one forced the men to continue talking to them and to show up.”
They certainly did FORCE their own sick fantasies on the men about minors being so desperate for sex that they apparently are using adult content places to find random men online to demand sex from those strangers. How is anybody supposed to know exactly how to handle a situation like that? Nobody had ever seen or even heard of anything like that.
We know now:
Our society expected for the men to stop communicating with them because apparently real minors are doing this, and the men should have just let them move on to go demand sex from other strangers.
Or they could have reported them; that way their profiles would be removed, and they could just go demand sex from strangers somewhere else.
Or they could have called police because we all know police would have believed there would be an actual teen demanding sex from strangers online.
Gee, I have no idea how anybody can be confused or tricked by an extremely rare situation like this.
The problem is nobody has yet pointed out those stupidities, so people keep buying into those lame excuses to justify this scam.
My grandfather fought in WW1 And in WW2 he was a POW in the · Bataan Death March prisoners were forced to march as they were beaten and stabbed and random, then shot or run over if …he survived and was given a Congressional Medal of Honor, his son my dad is a 100% disabled veteran veteran who received many medals including the Purple Heart. My father fought for this country and government only to be targeted and harassed and I believe mentally stalked this because I felt stalked for 4 years leading up to the unethical tactics of “sting operation to catch a child predator”. It’s clear and simply when police have to go so far in crossing legal lines creating and 100% participating in. With out that there would be no crime. They clearly only have self serving motives. Because in reality there would be no real victim. Is that justice “Experience should teach us to be most on our guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding.”
— Louis D. Brandeis
“Our government… teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.”
— Louis D. Brandeis
My dad is now going to die in prison for a crime that never took place that’s how this government repays there soldiers
Theresa – I’d like to post your fathers story on my blog. Would you please write me at LadyJusticeMyth.blog?
I feel your pain as my 23 year old son celebrated his birthday monday. In prison. For a police created crime. With no victim. And entirely created in the minds of LE for monetary gain. This has to stop.
In support
Kathleen
I can only imagine how incredibly disappointing and devastating this is for him and your family, to have this done to him after he fought to defend and protect this country for what we have all believed it was.
My son was also caught in one of these traps and has been grossly and recklessly mislabeled as a child predator, by self serving idiots too.
We were straight out told that there is no such thing as innocent until proven guilty, and we were treated like we were stupid for not knowing or believing it. If they need you to be guilty for their own self serving purposes, they can easily make it happen, and they do. It’s been incredibly disappointing and difficult to find out this truth about this country we live in. The criminal defense attorneys are in it as well, maybe not all, but the ones we dealt with certainly were. It’s very clear.
As long as they can continue getting away with it, like they have been, they will continue to misuse the system and abuse people in any way they can, all for self serving purposes. They continue to pretend to “just be doing their jobs”. It’s all just a game to them. They don’t give a damn about anybody, and they certainly don’t care about protecting anybody, because they’re not protecting anybody by using resources to pretend to be catching child predators and lying to the public about it. They have very sick and twisted thinking. Clearly, they are the dangerous ones that others need to be protected from.
Aracely
I totally agree. Court appointed attorneys are used because they are willing to work with the prosecution without ruffling any feathers. If they don’t they won’t get used on further cases. So to keep their jobs they don’t have any choice. Either that or go it on their own, which they would already be doing if they were capable. So the accused using court appointed attorneys is totally screwed from the start. You talk about conflict of interest, What a clown circus.
I am being somewhat vague here since I am still in pre-trial but…
charges: travelling and transmitting pics.
Detective told me it was ICAC, In deposition he told my attorney it wasn’t he did this on his own – no supervisor approval or oversight.
Can they ignore their ICAC training and just go rogue?
He also failed to preserve any electronic evidence and only has screen shots.
Is that legal – even if unintentional?
Looking for any court case reference that might be applicable here.
Thx
ICAC manual can be found online in various places. I put on my website latest editions. You ask – Can they ignore their ICAC training and just go rogue? Well, yes it does appear. It has been argued and admitted as evidence and so far ignored for the most part. Jury seems to get stuck on the text/conversation and what took place. It is not a good situation. Many tactics have been tried and failed.
What about the preserving of electronic data aka ads?
If they can, then cops can make up any story and initial contact doesn’t matter.
Other types of operations like DUI stops and Prostitution Stings have guidelines that have to be followed or risk having the case thrown out.
Are there any cases you have heard of that made this parallel/comparison?
I mean a detective just can’t ignore those guidelines for other sting types of operations can they?
up here in WA state the police appear to be able to ignore any rules they want. ICAC training, website terms of use, leading the conversation, sending adult photos and pretending to be 13! all seem to be acceptable. We are fighting it – we ALL need to fight this together!
‘They don’t ignore icac training, they Just don’t have any’.
Pteserving data like you mention is like losing or destroying important evidence. I have not seen or hear anyome speak of this type of case. It may he some new thing
How do I get the manual?
Peter – Go to this page and look for ICAC Standards: http://www.ssrepentance.com/resources/helpful-websites/
There are manuals from 2014 and 2017. There are also some unknown dated manuals. S.1738 – Protect our children act of 2008 established the ICAC task force. It provides funds to states to run proactive operations. It does set some standards and provides grants. Generally they have the standards but it doesn’t seem they care–just ignore them and appear to get away with it. I’ll post an appeal which argued violation of ICAC standard and lost.
These police schemes are designed to satisfy the public lust of viewing real police stings, destruction of the accused lives and lining the pockets of the creators of these garbage shows much more than keeping the public safe! BULLSHIT!
Yes, apparently they can ignore ICAC rules. In Texas, the officer claimed (in court) to be an ICAC certified trained officer, yet he participated in guiding the conversation to sex and consistently worked at redirecting the conversation to sex. They worked very hard at turning the conversation sexual and even, unsuccessfully, continued to try to take it back to sex when the conversation was no longer about that. In the end, they got the conviction they desperately wanted.
ICAC rules clearly state that they are supposed to let their target lead and guide the conversation, but they’re not really interested in catching real predators. So, they work hard at turning these situations into what they want them to be, to get what they want. It’s all self serving. They’ve never been held accountable for doing that. That’s why they continue to do it, and they continue to trap innocent people. As long as they can get away with it, they’ll keep doing it.
Ideally, they should be prosecuted for abusing their power and abusing others. That’s the best thing that could happen to stop this, for good.
Hello, does anyone have info on the ICAC training manual so I can help my younger brother in his case and lead his attorney in the right direction? I would gladly appreciate it, my brother whose name I’ll keep private for now is willing to interview with Mr. Pransky as long as he can stay under the radar as his case is on going.
The ICAC Op Manual is public information available online with an easy search. We seemed to have lost icacarrests.org unfortunately and not sure if we can recover it. It contained everything on ICAC Op Standards as well as a database of those arrested in stings over the years. I cannot discuss the issue further, except it was a great tool
That is very very unfortunate, all the research i have done, shows that the page itself could have been very usefull
I am on year 4 of my case…Tell your attorney to inspect the cops computer and cell phone as you have every right to do so. They will say NO…case over! No evidence, No case! Stick with it…have brothers cell phone forensically examined and see if cops were searching it before a warrant.. Read up on everything , I can tell you everything you need to know…do not plea deal…if bad lawyer, get another get a public defender that is at the top!
Excellent advice I wish I would have had that advice 23 yrs. ago.
So if the evidence is only on my phone the case can be dismissed?
Be very cautious relying on comments to this forum. In most cases, comments are not from attorneys and should not be relied upon as legal advise. Additionally, everyone’s case is different. While there’s plenty of good advise on this forum and one of our primary purposes is to share and exchange information, it’s very important to run it past your criminal defense attorney.
Yes I take all information to my attorney.
Does anyone have a copy of the breitbart article about Texas OAD going after ICAC?
Also has anyone ever heard of a case being dismissed due to numerous ICAC Contractual Violations?
Thank you
We take all the info to his attorney as well. When it comes to ICAC violations, it depends on which one, since they break multiple ones or many. I’m no full on expert nor my brother but there a lot violations, depends on which ones they break in your case. But i am sure someone here may be of more help. When it comes to cases that are plead down to non sex offender pleas, dismissals ext.
Hi TG, I have a pending case in Texas and was curious about what article you were referring to. I have done searches and haven’t found any information. Have you had any luck?
What does OAD mean please?
I’m thinking OAD is a typo. Think they probably meant OAG, office of the attorney general.
Please have your attorney ask to have the cops computer and cell phone inspected by your forensic expert. They will not have it… no evidence , no case!
Hey Mitch
I have a case in Texas. Was wondering if we can chat. You can email me at [email protected]. Thanks
Another mother here, desperately looking for hope for her son. Please, will you email me at [email protected]?
Mitch I would like to pass this by his P.D., As they said they obtained a warrant after the phone was seized, but what they fail to state is they asked him to give out his phones passcode to unlock it when the takedown occurred(mind you it’s an iphone) i have no doubt they searched and found nothing. The same chatter stated he erased his own dating app profile, so that will be missing in the case. Mitch how can I contact you? Email? I understand FAC but my own P.D. States he is very unfamiliar with these cases as usually suspects get graphic. My brothers case is not like that. My P.D. Also gets plenty of info from me that he is using. Again Mitch if you can send me your e-mail I would like to contact you. Or contact me at [email protected]
fac I do appreciate looking out for us all.
I believe we have been in contact before for sometime, but yes, the FAC is correct that every case is different and they’re also not all handled in the same manner. If your case is pending, putting out details in public is not recommended. But Mitch, there is no doubt from what you have sent me that what LEO’s did went beyond the scope of what the law provides them and I’m glad I was able to offer my thoughts and knowledge. Your persistence seems to be paying off.
Here’s an example from my case i don’t think I shared with many. After I had plead no contest to only 1 charge of FSS 934.214, i was sentenced to 3 years probation with the biased/partial trial judge also denying my stay of sentence pending outcome of appeal so I was to begin probation immediately. I also appealed the decision of the stay of sentence and won, but during the few months i was on probation, I wrote an article titled “Florida Creating Sex Offenders” that was published in the local newspaper as well as others. Well the PO had apparently caught wind of it and tried to give me crap the next time I had to checked in for probation as he had a copy in his hand when I showed up . I told him that the govt. may have temporarily stole my life, but they haven’t stole my freedom of speech which kinda of angered him. I also told him that maybe he should read up on things and perhaps he would educate himself. Fortunately I wasn’t subjected to any violation of probation, but he definitely took note that I was becoming an avid activist and was willing to put my name out there in the name of justice. I knew the risks and took them anyway. It wasn’t too long after that that the 1st DCA granted my stay of sentence until appeal was final, and I was immediately relieved of probation. Then many months later, i again was victorious on appeal and my conviction was vacated. The point is to be careful what you say, and who you say it to. It can cause you problems because I can assure you people pay attention.
I need all the advice to forward to my family member. Steps to take and not to take. Based on what you say I should keep his situation low key, unfortunately I do not have an expert on these stings advising me on what proper steps to give him. Keep quiet with no one offering advice is less then ideal.
Trey, can we email you? It’s just one short particular question my sibling would love to ask you.
How can i get to email this mitch person?
I don’t know what they are telling you is true. Check with your attorney.
While it is always a good idea to check with your attorney, they are not gods! Attorneys have been ineffective against these stings! Their hands are tied for the most part if they are honest, many of them don’t even try to fight. There are very few ways we can fight these cases but one of the best ways is to use case law from other stings that help your cause. Whether you pay for a private attorney or go with a public defender, you need to use information found on this site and others like it, to enable your lawyers to make a difference. We all also need to band together to raise public awareness and change the laws so that they cannot get away with CREATING CRIMINALS FOR MONEY!
I asked my PD no, he said no multiple times. It’s not simple leaving a court appointed attorney for another, for something like this unless you hire an expensive lawyer. Flawed system.
[email protected] email me
Yep. Ask to look at all their records and exactly what software they used and exactly how it works, hmmmm? They don’t want us to see how the sausage is made. Here in WA it is legal to have sex with a 16 or 17 y.o. that you aren’t in charge of- like coach, teacher, step-parent. But a separate law makes it a sex crime to talk dirty with a fake 16 or 17 year on the internet. So I guess you can walk up to a 16 y.o. at the mall or something but not on Twitter. Entrapment is alive and well in sex offenses. And, on a separate note, one is not a pedophile if you find young, fresh-faced late teenagers attractive. It’s wrong and damaging to touch them (even if legal) on so many levels. But we didn’t invent the whole naughty schoolgirl scenario. Epstein was all kinds of predator but not necessarily a pedophile.
Pamela – where are you in WA? We are up here fighting this too….
LadyJusticeMyth.Blog
we asked my sons lawyer about that,, he giggled and walked away, when asked about training records,, he said ” we’ll they said their trained in ICAC”
BS now working on appeal, and my son has his 2255 paperwork ready,, and we can prove ky AG investigator commited perjury.. but guess who brings those charges,,,, her boss
This is a bit off-topic, but also related. I had to post this link, because it shows how those accused of sex crimes can win sometimes, when they fight back. The alleged victim apparently lied, under oath, re: the killing of her pet Black Lab, as she accused an Oregon man of sexually abusing her. The Oregon Innocence Project later found the dog in good health. So, the case against the accused was thrown out shortly after he started his prison sentence. https://www.cbsnews.com/news/dog-lucy-black-lab-overturns-joshua-horners-oregon-sexual-abuse-conviction/
This is a great find RayO.
It’s also scary to see how many people get wrongfully convicted.
There needs to be accountability put on these officers every time they catch an innocent person. That will certainly make them way less reckless and irresponsible in carrying out sting operations, if they choose to continue them. It should also direct them (police) to go look for them (real predators) where they really are. Sex predators who prey on minors are going to be where there are actual minors, not in adult places. The adult places is what is bringing in the money for them, and they can get away with it. That’s why they keep pretending to be catching “predators preying on minors” in adult places.
My 22 yr old son was arrested in 02/2018 in one of these police traps on Craigslist (Midland, TX). The officer posed as a 13 yr old girl looking to have sex with adult men on Craigslist. The officer used suggestive language to turn the conversation sexual, showed the most interest when the conversation finally went there, and only agreed to meet up after she (the officer) was sure or thought there was going to be sex. The “girl” would not agree to meet up if it was not going to be sexual. She kept pushing for sexual talk before agreeing to meet up.
My son is very vulnerable and naive. We have since learned a great deal about him because of this. He has some pretty serious neurological issues and developmental delays because of his neurological issues which include (pre-epilepsy). My son had been very affected by the loss of a a good female friend (about 4 yrs prior to this). This female friend had been hanging out with older men and died of an overdose while hanging out with 2 older men. My son saw this as: Because she had gotten involved with the wrong people (older men), she got into drugs, which resulted in her death. When a young teenager responded to my son’s text, he had true concern about this young girl looking for dates with grown men on Craigslist. He knew she was putting herself in a very bad position. His goal was to keep her engaged to keep her from moving on to the next person. He hoped to be able to get through to her. He has very young thinking, and we know now for sure that he has difficulties with communication, ,verbal expression, and social interactions due to his neurological problems. He even has a learning disability in written expression.
The point is this was very clearly entrapment. Moreover, the officers worked hard to take things he said in his interview and turned it all into what they wanted it to be, to serve their own purpose. My son has not lied about anything. He has been very consistent in his explanations. Unfortunately, he has limitations that have created gaps in his explanations, and unless you see it from his perspective and really know him well, it can sound like it’s not believable. The officers, of course, also filled in the gaps with what they wanted it to be. It’s difficult for people that don’t know him to believe that he is very different from most people.
The worst thing the police did was lie to the media and said that these men were targeting minors. My son feared for his safety. He was afraid that people who had believed this lie about him in the media may want to hurt him.
What’s really bad too is that they (the officers) are the ones who put the idea of sex with a minor in his head. It’s not something he would have come up with on his own. He doesn’t even know any minors. His friends have all always been older than him.
Bottom line: This is exactly why police should not be pretending to be catching “predators who prey on minors” on adult sites.
These officers were extremely irresponsible, reckless, and malicious. There is so much more to this. It’s insane! They need to be held accountable.
-Still awaiting trial. He’s considered to be very dangerous, but he’s been out for almost 7 months now with no restrictions or any kind of supervision. So, far they have protected zero people in all this. I have another story about a true sex predator with a real victim (in Midland, TX) and how they failed to protect that real victim from the true sex predator. I guess since it wasn’t something they created, it wasn’t all that important to them 🤷🏻♀️ And this guy is considered to be far less dangerous than my son 🤦🏻♀️
Our system is so incredibly screwed up!
Wow. I read about the extensive operation here: https://www.mrt.com/news/crime/article/Prostitution-operation-results-in-7-Midland-12738583.php
Check out this blog as this is similar: https://ladyjusticemyth.blog/blog/
Check out my site if you want to do research and want copy of ICAC Operational Standard: http://www.ssrepentance.com/
You have an uphill battle. Most of these plea out (80%). The 20% that go to trial, about 20% of them win. So keep those statistics in mind. And it can take perhaps 2 years before you go to trial. The “easy” of winning these cases seems to drive them, plus perhaps money, fear, and publicity. Stay strong.
Did you see this one?http://www.cbs7.com/content/news/62-arrested-in-Midland-and-Odessa-in-Operation-Gauntlet-476267243.html
And it was on Newswest 9 where on the news it was specifically said that “police said these men were targeting minors”. Shameless liars. Fake wanna be heroes.
It has been hell, and it’s still going. The trial date keeps getting pushed back.
TX DPS has a very very evil officer who conducts the lie detector tests. I’m convinced he may very well be an actual psychopath himself. We have the video as proof of how bad he is. I could not believe what I was seeing and hearing.
The first lawyer was a court appointed lawyer. He turned over the videos to my son after we reported him to the State Bar. The second lawyer was also court appointed. We finally just hired one after that. The court appointed lawyers, especially the first one, were working against the case. The first one was really bad and a big time shameless liar too.
These people truly are evil.
I have heard of that one–called it Three Phase Operation instead of Operation Gauntlet. It looks like now they try to better justify the operation by including all aspects of sexual exploitation into the stings: prostitution, minors, trafficking, etc. They are doing something similar in Florida too. There must be a LOT more $$ around this than the general OJJDP funding (https://www.ojjdp.gov/funding/funding.html). Looks like over $250M in grants in 2017. Arrests are up in 2018! Expect $10k for lawyer (if you reach a plea) and another $10-15k if you go to trial. Going 12-18 months before a trial is typical.
Wow! Thank you for sharing all this s information. I am checking it all out. I’ve started reading Jace’s story. It is so crazy. There are so many similarities there to what we have been going through. My son is also obsessed with video gaming. And the new thing for police must be obsession with pretending to be catching predators and hiding the fact that they are creating it all for their own purpose.
You’re right. It’s all about money to them. It’s the grants. They have to keep them coming, and they have to keep posing as the heros that they are not to keep the money coming and keep their egos fed.
I would love to be able to talk to Jace’s mother. We are going through the exact same thing, dealing with an incredibly screwed up system and the people who work in it who just don’t give a damn about ruining lives just to have their own egos fed. Truth doesn’t matter to them. All they care about is looking like they are doing their jobs, when in fact they are not because they are protecting absolutely nobody, and they are ruining lives just to try to feel good about themselves even if it’s just for a little while. That’s why they have to keep doing it over and over again. The high they get from it doesn’t last.
I do believe in God, and I truly believe that when you hurt others, it always comes back on you. No one ever gets away with it. The scary part is just not knowing how long it will be and how much more of this the victims have to keep taking before the true predators (police who prey on vulnerable men) get held accountable for their self-centered, malicious acts against others.
Hello Samual, I was reading the blog on your link tied to Jace, my brother was tied in a sting recently in Fl,. He has a or had a career destroyed by this but as a.family we are backing him along with his f2f who at the time of the sting had left him due to his depression and constant use of Cannabis to ignore his fears (diagnosed with Anxiety,ADHD and Depression) his docket.sound? Is in November. He stated the cops.preyed on his emotional status now he’s sobered up for the first time in years and he’s bombarded his lawyer with plenty of paperwork on entrapments, motions to go with and just that one snippet of the ICAC training manual where it states 5 rules ICAC must follow, which in his case all were violated and ignored. His case was on an non sexual adult dating site (think something like Okcupid) where the agents profile was one of a female and who’s profile stated she was 18 with nothing sexual at all on her pro, my lil brother states his pro was clean, and he has never been in trouble with law enforcement. So doesn’t get why there was a proactive investigation against him. His phone was.searched and was.completely clean and a.forensic doctor stated he was a r the wrong place at the wrong time…Crazy! He was.deemed a no risk of ofending or.being encouraged better said tbh. The sites terms and conditions state you need to be 18 or older to use it. Well the agents did a bait and switch after getting his number, mentioned condoms and sex first while sending him photos of a woman sporting a tattoo. He never mentioned sex, never sent nudes, didn’t even bring condoms or anything but drove to go meet this mysterious woman acting as a girl but was really a man doing the luring and he has been depressed ever since. His PD as he states will try to file a motion for the ICAC training manual but states it’s up to the judge and many times they deny this motion. I saw it on a link but can you send me where to get the icac training manual and message it to my email, so I can tell him?? I’m sure he’d be more than happy to even talk to you so he can send his PD on the right path, get his case dismissed or plea down to anything that does not require to be an RSO. I know my brother, he haves no criminal history and he with his girlfriend has done a lot of research on these illegal stings. I’m all for catching predators but not for law abiding citizens who are enticed by cops than slammed by the media as sharks or predators to win elections. Any insight on where to get the ICAC training manual would be greatly appreciated. My email is [email protected]. Many thanks and thank you FA C for seeking true justice.
His GF*
I followed the link you gave to our blog, because you said I could get a copy of ICAC OP manual, but I could not find it there. Can you give instructions how to download a copy of the manual?
So nice that he was just trying to save the minor from real predators! That’s bullshit. Don’t be naive. But I will admit that it appears a lot of the men caught up in these stings seem to have legitimate psychiatric or general medical issues.
I actually believed the big lie police created to begin with. I was very upset with my son in the beginning because I truly believed that he was guilty of this. I understand that it sounds crazy and it’s very difficult for some people to believe the real truth here. That’s the problem with his case. We all like to think that everyone else is just like us and thinks like us. The fact is he is very different and he does think differently. He is very naive for for his age. That’s been pointed out by professionals. There are real reasons for this. He has neurological issues that have affected his brain.
If you give me your email address I can send you all the details about the text messages that prove exactly what I have said and how police are 100% responsible for completely creating this. My son’s story has been the exact same from the beginning. It only completely finally made sense after his full assessment results came in.
My point is that this is exactly why police should not be pretending to be catching predators who prey on minors on adult sites. It is a fact that they are catching innocent people in these traps, and they make it so difficult for individuals to prove their innocence.
I am 100% certain there, and it’s taken me over six months to finally be able to see it completely for what it truly is.
I’ve already been through all the “Am I just in denial here? Am I blinded by mother love here? Etc. I’m 100% certain that he is 100% innocent and the police are 100% responsible for having created it all. The police, on top of everything, created additional lies because I think they knew from the beginning that he was truly the mnocent. There is so much to it. There is a lot of evidence there about what the police’s true intentions were. They didn’t give a damn about whether he really was guilty or not. They went out of their way to create things to make sure they could have a good case against him.
I know truth can be very painful, and that’s why so many people have a difficult facing and accepting many truths. The real truth here is that we very much still live in a world where police abuse is very real, and that is exactly what happened here. I’ve already deeply considered everything else. Like I said, I’m 100% certain of this. There is no other explanation that completely adds up and fits this case perfectly than this one.
I feel it’s done for the grants, he told me there are elections going on, not to mention when I saw the report on the news, what was said about men looking for kids is just not real. The truth is it’s adult cops posing as an adult female with a 18 year old profile hoping someone falls into there trap before they change their age. It’s not even a sexual app, it’s a dating app where the terms state you must be 18 or older to use and cannot lie about age. There has to be a way to get this into the light, the people are misinformed by media and police and that definitely is a burden when a person goes to trial hence the jury most of the time will have a preconceived thought of guilty. I cannot speak for others in stings but my brother was completely set up. He should have stopped but he should not be tempted or be in a position to be tempted by police, when they clearly have no business being in a site not known by me to have guys looking for minors because it’s impossible to even be 17 or younger and set up a profile on the site stating your underage. What’s proactive about that?
Here’s my email [email protected]
I can email you everything I’ve put together about this, which clearly shows how they completely created this “crime” (It’s not really a crime because there was no crime committed). You are absolutely right. It’s very much about the grant the money, and it is political. They need to look like they are doing a great job catching dangerous people and protecting minors from them. When the real truth is that they are catching innocent people and they are protecting zero people in these cases. (I’m not saying everybody caught is 100% innocent)
When they do catch innocent people the only thing they have done strictly serves their own purpose, and that is all they cared about to begin with. They don’t care if the people they are catching are truly innocent or guilty. All they care about is meeting their own goals at any cost, and the cost is an unjust high cost to innocent men caught in these traps. These officers seriously need to be held accountable for their actions. They are the predators.
They are the ones that others need to be protected from. I’m not anti-police, but I fully acknowledge that police abuse is very much a problem in our country. I used to be completely on the police side before this, because I truly believed that corrupt police officers were a major minority and just not that common. This has made it clear to me that it is indeed a big problem, and it is a lot more common than many of us have been willing to admit. I admit, I was guilty of that. I have changed my mind.
I feel your pain. This is fundamentally wrong. They should not be allowed to pretend to be looking for or catching predators that are supposedly preying on minors on sites that are strictly for adults. It’s a fact that they are catching innocent people. There have been cases acquitted because that was proven. I’m sure there are many more who are truly innocent who were convicted because they do make it so difficult for someone to prove their true innocence. Once someone has been labeled a sex offender (even though they have not been yet convicted) and advertised in the media as that, it’s very difficult for anybody to believe anything that person says. This needs to be stopped. It needs to change. It’s wrong, plain and simple.
I will pray for your brother and your family 🙏🏼
I got arrested for Travelling and xmiting pics.
I was on Whisper and adult phone app. I was not soliciting for underage. A police office posted a general question, I replied. They said they were 14. I told them too young and this is an app for adults/sexual discussion. I then ended the convo.
Next day they reach out to me and asked about dirty pics. Then they asked about meeting up. I said no to both for a while. Eventually I let my guard down and sent a few pics.
I later agreed to meet but to “chat and get to know each other”. I suspected they were not 14 due to the conversation.
I wasn’t going to go until they guilted me with “please don’t stand me up like the last guy”. So I went. When I got there I told them I am not coming in to the sub shop. That’s when I got arrested.
My life is utterly destroyed as I am going thru the courts now.
This sucks.
This is almost identical to my son’s arrest in Florida. He is currently serving 21 months for a crime in which there was NO victim. I’m concerned about his life when released – how and where can he find housing and employment.
What they are doing is disgusting. They are pretending to be catching “child predators” for no one else’s benefit but their own. They are targeting vulnerable individuals on adult dating websites and apps to use them for this, while they protect those who are meeting real minors on regular social media sites and apps that minors do use. They lie to public pretending to be doing exactly that (catching those who are targeting minors).
Unfortunately, most people are just very ignorant about the realities of the this.
They are targeting non predators, and they work at creating them, because it benefits them. They are the ones putting sex with a minor in the heads of adult men, where it never existed before. They purposely create a lot of confusion and curiosity to trap vulnerable men for this disgusting scam.
They are the dangerous predators that everybody needs to protected from.
Here is a perfect example of why this scam works so well for them and why people keep believing it.
https://ourrescue.org/blog/25-reasons-why-you-should-know-what-your-children-are-doing-on-their-phones/
Notice how there is no mention at all about minors using adult dating websites and apps to offer casual sex to adult men who are looking for a that. You know why? Because it doesn’t exist.
They purposely don’t tell the public that ALL of their sex sting operations “to protect children” are conducted on adult dating websites and apps, where they target men who are seeking casual encounters and they (police) offer sex to them (many times even demanding it), to trap them for this scam.
That’s not something a real teen does. It’s not a valid way at all of catching anybody who is targeting minors for sex.
Operation Underground Railroad has trained law enforcement to do this, because creating it all brings in more arrests and convictions. It’s all about money, helping people’s careers, and feeding very sick egos.
It’s harming society more than anything, and they certainly don’t care about that. They very clearly only care about themselves.
I had the same idea and did call him.
$150,000
We just LOST (5/23) the exact same case in a washington state court – it was clearly rigged and my son is in jail. I have a good lawyer but I do not know how to get him out! What do I do RIGHT NOW?
HELP!!
Kathleen. Sorry to say it but prosecutors do not feel they have to follow the same rules as everyone else. I was convicted of a misdemeanor offence in Kansas in 1996 I wasn’t guilty but my court appointed attorney told me the offence was no different that a traffic ticket and they wanted to do a plea and ask for 6 months probation the judge added the $50.00 fine, so I did. Afterwards I found out about this sex offender registry thing, but I could be removed after ten years,so I followed all there stupid rules and was removed ten yrs later. Soon after that I moved to Missouri, but they don’t have a ten yr plan only permanent so I’ve been on it ever since. Like all states they keep making it harsher and more restrictive . Even though the courts have said these new laws shouldn’t be ex post facto that hasn’t kept law enforcement from trying to inforce these other restrictions. After they pass new laws when I go in for my required update every 90 days they require me to initial all the regulations they’ve set on two full sheets , letting me know they’ve notified me that they all apply to me and that by my initial I recognize that. They never print out the court decisions showing 90% don’t apply to me. But since I’m required to sign this paper in order to get out of the police station I guess they apply to me now. The real crooks here wear long robes , badges , plus lobbyists and politicians. That being said you have a hard row to hoe, I wish you the best.
Call the Us Observer
Speak to Joeph or Edward
1-541-226-8235
You can call me also 772-467-1467
Is there a way to help wrongfully convicted people I live in Washington state and Colorado did this to me. The police man was suppose to be 18 in a the Yahoo chat room now I have to register as offender and take polygraphs every 6 months I have no criminal history yet my life is ruined. I had ineffective assistance of counsel yet the Colorado courts used a loop hole to keep me convicted. The attorney I had at the trial has been suspended 2 times some my 2013 trial and disbarred for his conduct in other cases
You would need the service of an attorney. Either you can retain one, or reach out to a legal aid organization to see if they will take your case.
I need to find help forsure I think is wrong to make criminals out of people who are not and Colorado is one of the worst states doing this. Gilpen County is the 2nd smallest county in the United States and they are using police stings to make money and most are not criminals.
May I ask who you are Peter? someone experienced in these stings?
Interesting story and somewhat related to this conversation. The deputy was not arrested, no crime was committed as far as I could tell, but I guess it is that whole ethics thing? Ok. I get it but….the two people involved are adults and the encounter was completely consensual. Although, I do question how the woman would not know who she was meeting if the deputy posted pictures of himself? That one made me think …hmmm. Anyway, the actions were not criminal, and the pictures were posted in a forum that was meant for that activity so why would the man have to lose his career and reputation? Also, why would the female involved not lose her job? Double standard for sure…but to me it should have at least been an internal thing – why sensationalize it? Don’t get me wrong – I am not a fan of LE but I am a fan of fairness. We have such a hang up in this country about anything to do with sex or nudity…..people will read this and automatically assume that it was somehow criminal – I read the headline and thought So what? It is the way of the digital age….
http://www.orlandosentinel.com/news/breaking-news/os-seminole-jail-deputy-nude-photos-20180302-story.html
In my opinion, one of the best things about the outcome of this case is that now a jury has heard the truth of what goes on in these stings – they now know the truth. And they tell that truth to their family – the family members in turn tell others. Each time a member of that jury hears about one of these stings they will question it….that is a priceless part of the outcome.
Yes BUT it’s illegal and he should have never even been arrested. We have a moral obligation to disobey unjust laws (and practices). Martin Luther King.
I have always said since these stings became prominent – why if it is such a problem aren’t we hearing about REAL cases? I have only heard about 2 such cases in the last 10 years. So they (LE) are actually creating a problem where one does not seem to exist – it is truly mind boggling. The general public actually buys this crap! They think each one of these stings has saved children – what children?? There are no children involved
There were two cases in central Florida that were nolle prosecuted by the state because these crimes do not occur!
Do you know what cases they are?
I started a non-profit organization known as “Florida Scandal” (http://floridascandal.blogspot.com/p/case-law-links.html?m=0) to see if anyone else was framed like me and EVERYONE was framed.
During my struggles to prove the sham and my innocence, I learned that law enforcement and the DOJ are violating state and federal laws to get money framing men as child predators. It’s the perfect scam because the average person does not believe the government is corrupt and child predators cannot be framed.
ANYONE arrested in a sting is innocent if they were arrested as the result of using an adult website and an adult picture like me and we’re not looking for minors like me.
The stings are and always have been illegal as the case law below proves BUT the problem is cops and government officials think they are the law. Therefore, if they decide to frame people then that’s the law. They think they can ignore the law.
Please read the cases below to get the full picture as the states are getting paid by the federal government to frame American citizens minding their own business, not engaged in crime.
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)
A “heckler’s veto” can not be used to declare someone’s sexually explicit speech illegal on an adult website just because an undercover officer arbitrarily states they are a minor.
Gennette vs. State, 1D12-3407 (Sept. 13, 2013)
The law does not tolerate government action to provoke a law-abiding citizen to commit a crime in order to prosecute him or her with that crime.
People v. Aguirre, No. G045009 (CA 4th DCA, April 5, 2012)
Our analysis suggests the government should not be in the business of testing the will of law-abiding citizens with elaborate (if improbable) fantasies of sensuous teenagers desperate to engage in sexual acts with random middle-aged men.
Lusby v. State 507 So.2d 611 (1987)
We do not condone general forrays into the population at large by government agents to question at random the citizenry of this country to test their law abiding nature, i.e., virtue testing.
Sherman v. United States, 356 U.S. 369 (1958)
Entrapment occurs only when the criminal conduct was “the product of the creative activity” of law enforcement officials.
Sorrells v. United States, 287 U.S. 435 (1932)
Literal interpretation of statutes at the expense of the reason of the law and producing absurd consequences or flagrant injustice has frequently been condemned.
Farley v. State, 848 So.393 (Fla. 4th DCA, 2003)
…Farley was not involved in an existing criminal undertaking in need of detection by law enforcement; rather, LEACH sought to manufacture crime based on a list of names and addresses of unknown origin.
Beattie v. State, 636 So.2d 744 (Fla. 2nd DCA, 1994)
It is undisputed that law enforcement did not know Beattie for any deviant activity or involvement with child pornography until he responded to the advertisement. Customs did not target individuals when it placed the advertisement in the publication.
State v. Glosson, 462 So. 2d 1082 (1985)
Prosecutions that have a financial incentive violate due process.
Case not remembered:
When law enforcement use the expressed or implied promise of sex it violates due process.
Has a case ever been dismissed due to numerous ICAC Contract Violations?
The few rules that govern ICAC operations are not only blatantly violated in many cases, they are also inadequate, and incomplete. There should be an independent watchdog overseeing these stings to ensure theyre conducted properly because if they were, the arrest totals would rapidly decline to the point there wouldnt be the need for the millions in federal funding to control a problem with men preying on minors using ADULT sites that doesnt exist as claimed. Its called cooking the books and this is the worst case of it in history
Thanks Trey!
Seems the govt has created the problem themselves.
Anytime……a victory in Federal court stemming from a sting arrest is a rare occurance and is only the 2nd one im aware of. Its unfortunate our system is flawed in reagards to sting operations using adult sites. The corruption within the DOJ that manages ICAC is beyond belief, which then trickles down to local, state, and federal LEOs. Thats what happens when a lot of money is involved
I couldn’t agree more Trey. Oversight is needed badly.
A.lot of.info* case.results.and.arguments made.by attorneys, I tried.your hovering link that seemed.to.maybe have so much info but it’s down, anyway you can help? My brother is he’ll bent on doing any interviews necessary or going on the record but he’s still in this ugly process, ty
Goveringus* sorry can my other comment with the typo awaiting moderation be bumped
Hello Trey, may I email you a question regarding missing discovery on a sting operation? let me know and i will give you my email.
Thank You
The prosecutor said he was disappointed with the decision even though that ment the release of an innocent man. What does that tell you about our judicial system,and those behind it.
Here in Washington State a case got dismissed like this by the Trial Judge–a win, fair and square right? But the Prosecutor APPEALED to the Court of Appeals! (https://www.courts.wa.gov/opinions/pdf/762982.pdf) It was CRAZY. It was affirmed at Court of Appeals so the decision was upheld and Solomon was Not Guilty/Case dismissed). I thought it was crazy that the prosecutor could or even would appeal. Now that seems egregious! This is what you are up against.
This is insane, I cannot believe this was even appealed.
How is this practice not illegal?They use an adults photo and lie about the age. Ridiculous that this is allowed in our country.
It’s entrapment but that’s one of the problems with our State.
Wow congrats to that gentlemen for wining! Now we as a whole should do this here In florida. My son was caught up on a Craigslist sting in 2012. Had no contact with his victim. Those who had a similar situation we should ban together take it to a federal court. Let’s see who can help us. These sheriffs Dept can’t still get away with this.
The problem is, most in this situation have taken a plea. When you take a plea it’s very difficult to un-ring the bell.
Very few are willing to roll the dice when the prosecution threatens 20+ years in prison. The general pattern is they threaten “soliciting, traveling, transmission (if you send the image they request), attempted L&L and more” …or… you can take this plea deal and it’s guaranteed you’ll be home in a couple years.
So what happens after you have served your time and did your 5 yrs probation. You still can’t fight it in the courts against the sheriffs Dept or take it to a federal court 5 years later? Or some kind of class action lawsuit if you had more people come forward?
To challenge a guilty plea? That would be individual to one’s case, not a class action.
Presumably, you COULD move to set aside your plea – considering it was not knowingly and voluntarily entered into, because the sanctions were not known, disclosed or even in existence at that time.
If someone wanted to try that route they could, but that would require paying a criminal defense/appellate attorney. If the plea is vacated, you change the plea to not guilty and go through a trial, you had better hope the underlying case is a weak one!
Everyone has to be realistic though as well, this unique case shows a man who was able to clearly demonstrate that he believed he was talking to an adult, presumably with a weird fantasy of her own. This is likely the exception, not the rule, online solicitation cases end in pleas because defendants don’t question if the alleged girl is really older than she claims, and after she identifies herself as a minor they continue to have lurid conversations with her.
The convictions on the whole are rightly earned by the state, it’s just that the law itself is probably very poorly conceived.
Let’s not minimize for ourselves, online solicitation is the easiest sex offense not to commit.
You have to be realistic. Sure it’s the easiest crime not to commit and the law says these men are not committing it, the cops are. Law enforcement dream up the scenarios, post ads (usually sexual solicitations) on sexually explicit, adults only websites as adults and then say they are a minor using the pictures of adults. Sounds like several violations of the Computer Fraud and Abuse Act and violating the Interstate Commerce Clause and Due Process of the US Constitution.
So seems to me that someone like me, knowing he is not doing anything illegal, that is on an adult website looking at porn and talking about sex is not going to believe this “person” is a “teen desperate to engage in sex with a random middle aged man.” See People v Aguirre. Also, the sexual solicitations (if any) are not what is penalized. “Sexually explicit speech which is viewed by a child is not a violation of the statute unless the sender of the communication KNOWINGLY attempts to seduce the child.” See Jeffery Cashatt v Florida. So yet again, it seems to me the cops are the ones seducing and lying to the public saying the men are predators to sabotage any trial which is violative of Due Process, Wire Fraud, Computer Fraud, and Equal Protection. Why, to get the illegal money which is more Wire Fraud and violative of Due Process. See also Ex Parte John Christopher Lo v. Texas (declaring that sexual communication directed at a minor is protected speech striking the statute unconstitutional).
Sure all this is immoral IF the man actually believes it’s a minor BUT not illegal because, as law enforcement have stated several times, they are seducing these men. However, that is a huge “if” under these circumstances and (like with this case) the cops cannot prove belief and simply lie to get a coerced, and illegal plea signed. This is a political scam for money and illegal convictions. Politics, where greed where’s the mask of morality.
Probably what would need to happen would be for these illegal stings to be completely exposed for wrongdoings. There probably needs to be an injunction filed in federal ct. to at least temporarily halt the stings with compelling information to do so. There is more than plenty of information to do so, its just a matter of execution. I have heard of an attorney from Tallahassee who would be willing to do so. If prior cases closed were in violation of ICAC rules and /or constitutional issues, it might be possible to reopen cases for dismissal. Im not an attorney so im only speculating. Its a tall order but it would have to start with an injunction in my opinion
My brother is headstrong on not not taking a plea, if it requires SOR , he argues what’s the point of living when you were set up, mind you he doesn’t have a family but wants one in the future but definitely not under SOR, then again he suffers from Diagnosed G.AD . And ADHD, he has read Florida Scandal and is hoping to.down plea.or take this all.the way.
I have been working for years to stop this mockery of Justice. Have you read the article “How law enforcement turns law abiding men into sexual predators.”? Well that was my idea and I orchestrated it. Here’s the link: http://www.wtsp.com/mobile/article/news/investigations/how-law-enforcement-turns-law-abiding-men-into-sexual-predators/236499759
Despite all the victories, the investigation proving our claims are true, and the mountains of case law stating it’s illegal; the stings continue!
Do you have links to the case law? My case is with Largo ICAC and there are at least 3 rules they violated. Can the case be tossed completely due to this? Is there precedence? I need case links if so please.
Sounds like I should’ve hired Bernard Brody to be my lawyer!!
If I’ve said it once, I’ve said it a million times. There’s millions of dollars to be had for all these “multi-agencies” that involve themselves in these stings. The Feds allocate 70 million dollars each year to task forces that meet certain criteria. One of them being to get as many prosecutions as possible in child sex crimes. And seeing as how child sex crimes really aren’t major problems in most areas of the US, these task forces have to CREATE the crime, as we just saw here in this story. Any logical, critical-thinking citizen has to ask themselves, what is the point for these agencies to essentially hi-jack these websites and social media dating platforms?? I contend that it is the easiest way for the government to get lifetime control of chunks of the citizenry as possible, little by little. The govt won’t stop until they have full control of us and our lives. Now, it’s our guns. They’re coming after our guns. So what will we lose next?????? Yet, the average American citizen is too self-absorbed in their own little artificial lives to even notice or care…..UNTIL it happens to them or their family. Keep sleeping sheeple. Keep sleeping. We’re all like frogs sitting in a pot of gradually heated water. Once it starts to boil, it’s too late. We won’t notice the difference.
It’s about time congrats. I had a similar situation where I asked for proof and law enticement refused to supply it. However this being a strict liability state my lawyer said I had no shot on winning at trial so I did what 97% of us do I took a plea that’s all Florida is concerned with a conviction not justice. These types of stings should be illegal in the first place
Yay! Another chink in the wall – now if someone would take Shady Grady to task!