Unexpected comments from a prosecutor
Ingham County (Michigan) Prosecutor Carol A. Siemon, issued a statement concerning the sentencing of former Michigan State football players in connection with a sexual offense.
Below is an excerpt from her statement, quoted directly:
The sex offender registry is a blunt instrument that I believe needs to be reformed and streamlined so that law enforcement can make better use of the information. It would be more effective as a law enforcement tool to keep the public safe if it targeted the cases that are most likely to result in recidivism – child abuse and child sexual assault, for example, or serial rapists.
The sex offender registry is just one example of the types of cases where we have laws that are well-intentioned, but go too far from their original intent – and don’t allow our courts to provide a proportionate response.
When a prosecutor can recognize how misguided the registry has become, we know change needs to come!
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I think that people should all take a look at the facts of this case before concluding that this prosecutor really is advocating for changes in the registry law. Her statement was made in response to community and media complaints about the fact that she allowed three football players accused of rape to plead to a much lesser charge that would keep them off the registry. She was trying to defend her own conduct. You can read 2 articles about it:
https://www.clickondetroit.com/news/former-michigan-state-football-players-reach-plea-deal-in-sexual-assault-case
https://www.clickondetroit.com/news/michigan-state-football-players-raped-woman-in-bathroom-during-party-police-report-says
The prosecutor was being attacked, and she threw up the only defense she could think of. To give you some idea of the pressure she has been under, Michigan’s jerk attorney general has appointed Kent County Prosecutor William Forsyth to the position of special prosecutor, in order to go into past cases that were closed in Ingham County. I have read several inmate’s transcripts where Forsyth was the prosecutor. He prides himself on being tough on the accused, especially in CSC cases.
http://lansingcitypulse.com/article-15750-Possible-prosecution.html
So, even though Carol Siemon does recognize that sexual assault allegations are often not cut and dried because the “victim” never gave affirmative consent OR said, “Stop!”, the “tough on crime” people are in control in Michigan. I would also point out that she does believe that in cases of “child abuse and child sexual assault” the perpetrator SHOULD be on the registry. The vast majority of CSC convictions involve child sexual assault, because the victim was under the age of consent (16 in Michigan, 18 in Florida).
By the way, the obscure charge she allowed them to plead to was “seducing and debauching an unmarried female” , one I never ran across in the Michigan prison law library when I was incarcerated. I suspect that lawmakers will work to get that one off the books so other prosecutors can’t use it.
Concerned: It is mind boggling, all of the sex offences that keep happening. But not registered offenders. Something needs to be done to stop new offences. But do “they” the law makers want to stop the madness? They should that’s what their there for right?. Do any of the law makers know anyone on the registry, like family,or friend? Or maybe someone is acting out and wants to stop! If someone who makes the laws could get the word out ” via ” television commercials to offer guidance to anyone acting out sexually, or is thinking about it! “Stop” now !!… Then explain what harm they are doing. And what they are facing, criminally. Offer a help line. Do something other than targeting the others that are doing time, have done their time, and need to go home to their families, go to work and feel worthy!!
Concerned:part (2) Well it’s summer in Florida again! How are the registered homeless citizens making it? Forced out into the sun. Some with only a tent for shelter.But it is probably 25 degrees hotter inside the tent during the day unless it’s raining “THANK GOD” and 75 to 80 degrees at night while trying to sleep!. What do the do during the day? They must be getting a golden tan. Because they have to!. Surely not for pleasure. Some may have sensitive skin. Maybe there not supposed to be in the sun at all! I would think that a Floridian born sun worshiper would not want this much sun. There is a limit before the blisters on top of blisters, and peeling skin, after awhile the skin cancer sets in!. Do they have a place to bathe? A body of water to try to cool off? A cold drink? A hot 3 course meal? How long has it been? Are they going to live this way untill they die from the elements? Or is it right to say untill they get old and die from natural causes? And then you ask yourself, who cares? Well that’s simple! It’s there family and friends that love them. Because they are caring human beings! And then you ask who don’t care? Alot more people know the answer to that than the ones that don’t! GOD BLESS!!..
I was accused of 1 count of criminal sexual conduct penile vaginal penetration. I was charged with one count criminal sexual conduct penile vaginal penetration. I refused any plea deal because they refused to plea to the actual crime. I went to a jury trial I was found guilty of a crime that was not accused of committing nor charged with. I was found guilty of fondling or being fondled for the purpose of sexual gratuity. I was sentenced to 6 years 4 months to 16 years 8 months.
I was required to take sex offender therapy or sex offender group. They relied upon the PSI pre-sentence investigation report as though the author was it witness to the offense.
From the first day of sex offender group therapy I had questions in regards to my PSI. My PS I stated that I was found guilty of the crime that I was accused of in charged with not the crime that I was found guilty of and not charged with second-degree. After three to four weeks in group therapy I was told that I was to leave the group because I was not being truthful and honest and forthcoming and that I was not amenable to Sex Therapy. The reason because I would not admit to a crime that a jury had acquitted me of. I then had to file a motion within the sentence in court to correct my PSI because I was not going to receive therapy if I couldn’t admit to the crime that I was accused of committing rather than the crime that I was found guilty of committing.
The court agreed with me and changed my PSI to reflect the fact that I was found guilty of second-degree fondling or being fondled for sexual purpose. I was then allowed to be put back on the waiting list to get back into this group where I was successful at getting back into the group and I was able to complete the therapy required.
I was denied my first parole date because I was still appealing my erroneous PSI.
My my point is that if I had not proven that the information on my PS I was erroneous I would not have received a parole and I would have done 6 months short of my maximum date before they would have paroled me. I understand when someone says that they are required to admit to a crime that they did not commit because if they don’t they’re not going to a parole their first time.
I found that in counselling they are more interested in supporting their agenda than hearing the truth of the matter. I just played their game until I finally completed. The full truth was never revealed because it would not have fit the format of their ‘play book’. The victim and I have since resolved the situation and moved on with our lives…system be damned! We get along just fine and are in contact almost daily.
I knew many guys in Michigan prison who ended up serving their max without parole because they insisted that they were innocent. It’s a tough situation, but like I advised all of the guys when i was locked up, it’s best to just play along with whatever the therapists want, and get your parole and get on with your life. Same with therapy while on parole or probation. Even if you convince your therapist that you aren’t guilty, it wouldn’t change your conviction. Play their game and move on. They are the ones who write the rules.
There was an interesting fact disclosed by a speaker at NARSOL concerning the death penalty.
One in 9 people sentenced to death is ultimately exonerated! Holy cow! That’s a huge number! The speaker asked whether anyone would fly an airplane if there was a one in nine chance they would die?
The majority of people in prison are guilty, but there is a small percentage (if you go by death row exhortations; 11%) who are innocent. Whether they are wrongfully convicted, can’t afford a decent attorney or simply took a no-brainer plea deal under the threat of facing a long, long, long sentence (with the knowledge that there’s an 11% chance they will be convicted even if innocent).
Our criminal justice system is messed up. In most other countries, the job of the prosecutor is to ensure justice is administered. Whether the evidence leans toward conviction or is exculpatory, the government attorney presents the picture to the judge or jury and they decide. In the United States the job of the prosecutor is to get the conviction. Whether right or wrong, the goal is to win.
A “gold star for the forehead” is all that matters in prosecuting. They do not get promoted for standing up for justice, but for getting a conviction. 75% of the lawyers in the world are in the United States. Any wonder we have laws that make just about any act by some manner criminal in nature.