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-Short Attention Span Theater-
Man grabs girl's arm — Now he's a registered sex offender? Huh?
2005-07-03
A man who grabbed a 14-year-old girl's arm to chastise her after she walked in front of his car, causing him to swerve to avoid hitting her, must register as a "sex offender," the Appellate Court of Illinois has ruled.
Once again, a very good law is being used indescriminately
Fitzroy Barnaby, a 28-year-old Evanston, Illinois, man was prosecuted for attempted kidnapping and child abduction charges following a November 2002 incident in which he nearly hit the teen with his vehicle.
How could that be kidnapping, unless she got caught under the car and drug away?
Was that over the top? I can never tell.
The girl testified Barnaby yelled, "Come here, little girl," when he jumped out of his car and grabbed her arm. She broke away and called authorities. Barnaby says he was merely trying to lecture her for her carelessness. The trial jury accepted Barnaby's version of the story, but found him guilty of unlawful restraint of a minor — a sex offense under Illinois law.
Well, when you put it like that it makes perfect sense
As a convicted sex offender, Barnaby is required to be listed on the state's sex offender registry and must keep authorities informed of his place of residency. He also isn't allowed to live near schools or parks. The Illinois Sex Offender Information website, operated by the Illinois State Police, lists those in the registry, along with their photographs and home addresses. Trial Judge Patrick Morse ordered registration reluctantly, acknowledging it was "more likely than not" Barnaby only intended to chastise the girl. "I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."
He was also overheard saying: " I think text in a law book is more important than justice, peoples lives, fairness , or commonsense"
Barnaby was not listed on the registry during his appeal, but following the recent ruling by the appellate court, he soon will be.
Hey man, what are you in for?
"This is the most stupid ruling the appellate court has rendered in years," Frederick Cohn, Barnaby's attorney, told the Chicago Sun-Times. "If you see a 15-year-old beating up your 8-year-old and you grab that kid's hand and are found guilty of unlawful restraint, do you now have to register as a sex offender?"
Gee, I sure hope so.
The appellate court agreed it was "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," however it sided with the state's attorney
????
who argued it is "the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."
What ever happened to letting the punishment fit the crime?
Don't worry mr. prosecutor I'm sure a portion of the community will still revile him anyway.
"It is [Barnaby's] actions which have caused him to be stigmatized, not the courts," reads the decision.
The judge then excused himself so that he could go back to his chambers and approve a generous plea bargain for a 5-time convicted child molester
Posted by:bigjim-ky

#3  Its NOT Leftism,. Socialism, Communism, Big Govt. or Regulation, etc. - its "National" and "Personal Security", "Safety", and "Protection", as honest injun as there are only GOP-DEM "Conservatives" and "Rightists" in America, versus dem dar wily rascally "Liberals"
NOw lets all be good Clintonian Amerikan citizens of the future Rockwellian-Reaganist USSA/Global SSR and eat our prim-and-proper, and GOP-CONSERVATIVE, tea-and crimpets/cookies while quietly reading NYT Bestseller Marx's COMMUNIST MANIFESTO - you know, Russia-China's "FASCIST STRATEGY TO RULE AMERICA AND THE WORLD" * "GEE MOM, WHAT WOULD BILL CLINTON = SUPERMAN = REAGAN = ROCKWELL/GOLDWATER, ........ETAL. STALIN/MAO = PAUL SIMON AND MCGOVERN, DO? GRANDMA HAD TWO-PLUS HUSBANDS AND FAMILIES AT THE SAME TIME, DIDN'T SHE"!?
Posted by: JosephMendiola   2005-07-04 00:10  

#2  Where's Victor Hugo when you need him? (Yes, I know - dead).
Posted by: DMFD   2005-07-03 20:51  

#1  Judges. Tree. Rope. Some assembly required.
Posted by: mmurray821   2005-07-03 19:01  

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