Sunday, May 28, 2006

what if spanky turned out to be innocent? And some further questions about the 5' 1" alleged sex offender furor

okay. first time rory saw this pick, he immediately thought ronald had done something "bad." why else would the cops be takin' him away like this:



from that day on, perhaps unconsciously, rory thought of ronald mcdonald as a criminal. but rory never learned the full story. were the officers merely helping a drunken clown out of the park? was ronald falsely accused of something? was he ultimately cleared? i dunno. but this picture lives on. it's still on the 'net. a reminder among other things of why allowing photos of the "perp walk" can prejudice a person's ability to get a semblance of a fair shake in the amerikan justice system. no follwup out there. the arrest and carting off of ronald was the story. the moment. the visual byte. the seller. minds moved on for the next stim. and ronald's rep was forever in the shitcan at least with those who saw this image.

so today rory wonderz about spanky the clown as well.


spanky was a bigtime bigtop clown. worked for ringling. spanky got busted for kiddie porn. shocking, huh? spanky was pretty much presumed guilty. you can surf the web and find many accounts of his arrest. but it ain't so easy to find out what happened later. in fact, rory searched for awhile, but roryz attention span became an issue and he dropped the investigation of "whatever happened to spanky?" maybe someday. not motivated enough today. fuckit. clowning is enough of a crime. no tears for the clown. so, the idea is implanted in roryz head that spanky lives up to his name when he sees naked kids. fuckit, unless there's a major spanky exoneration story, many of us will always define spanky by the moment of his arrest and his lasting internet fame. spanky's moment. spanky's frickin' "immortality."

do people get locked up for sex crimes they didn't commit. they sure as shit do. easy to forget that fact. for all of us. good fact to remember, even if it's unpleasant and makes things complicated. screws up the urge for black and white. good versus evil. good is frickin' evil when it punishes the innocent. and the story in the link is a frickin' happy ending story. release after 6.5 years in the joint. 6.5 years in the reviled status of rapist. always the chance of a shank. a beating. being locked down in a small ill ventilated metal and stone box in the heat of the summer knowing it's for life 'cause nobody will listen to the con who says "I'm innocent." but the dude discussed in the link had some dna evidence to save him. but for that he'd still be in the joint. doomed to die in the joint. simple as frickin' that.

can happen to anybody.

in a former life rory spent many hours behind bars with all sorts of merely accused and all kinds of guilty naked apes of the indigent sort. when you represent the indigent you don't pick 'n' choose your cases. met plenty of innocent people whose lives were fucked over by the system. more than most would want to believe. met plenty of guilty ones. came to really hate dealing with guilty child molesters. a little epiphany came one day when a tiny man, probably about 5' tall, with a turkey-neck, was bitching to me about being convicted of "aggravated" sodomy with a little girl. he had one of those names could be either gender, like Lynn. he didn't understand that the term "aggravated" was due to her tender age. he spoke of how she was seductive and a willing participant. i wanted to puke. i could literally feel puke rising in my throat. i pretty much wanted to puke on him. then i stopped hearing what he was saying. he was totally demented with thoughts fractured in a brain turned to crystals reflecting damaged thoughts around like funhouse mirrors distorting reality. talking about how he taught the child about "man's milk." i stopped hearing him. i wanted to jump across the table and break his neck and beat him. rip his jugular out with my teeth. obviously i didn't. i would've been put in jail for that. and would've sickened myself. but i felt like it. but i knew that was wrong. that guy was clearly guilty by his own admission and other overwhelming evidence ('cause I gotta point out in passing that there are plenty who "confess" even when it ain't true). but it still would've been wrong. would've solved nothing. who would i have been? just because i knew he was guilty would that have been justification? rory the one man lynch mob. nope. that wasn't gonna happen. but we all have a lynch mob hiding somewhere in our heads with the potential to pick up the torches and ropes and surround our reason, 'specially when it comes to child molesters, rapists, killers of children. but we must never go there. once we go there. then there is no hope of justice. the innocent will hang along with the guilty and we will perpetuate brutality. don't get me wrong. one dead human don't mean shit in the grand cosmic scheme of things. death ain't much, really. but we gotta try to live as well as possible in the meantime. vengeance avoids the real issues. the underlying issues. the story and the emphasis is always on punishment. much more so than on helping those hurt. and when we become all about anger and vengeance we help perpetuate forgetfulness about the real issues. and that's bullshit. now I'm frickin' ramblin' and that means it's almost time to stop. but I got just a coupla questions.

why is there a clamor to put this guy in conditions worse than guantanamo even as we condemn guantanamo?
granted he looks like a kiddie diddler. [rory doesn't know the actual conditions of the joint the judge had to consider or know whether the judge's concerns were legit, but rory refers to commentary and outrage all over seeming to say the little guy should be thrown in the joint, butt fucked, beaten, tortured and killed]. For those who have missed it, this is the guy who got probation and is 5' 1" tall. All over the 'net it's being put out that the judge put him on probation for some sexual contact with 12 year old instead of locking him up because he is short and would be unsafe. Here's one of them "fair and balanced" accounts. rory wasn't there. not sure if that was the full rationale. maybe it was. maybe it is wrong. maybe there's a right to appeal a sentence in Nebraska. I dunno. but I don't think we should beat the shit out of the little guy. or castrate him. or such like ideas that are sweeping the 'net as the electronic lynch mob lights up its torches. coupla examples: bad things happening in prison or vigilante justice and shooting in the back of the head chinese style

oh yes. rory knowz. he's a child molester, he don't deserve no better. but all the people in abu ghraib and guantanomo are terrorists, right? wake the frick up amerika and look in the frickin' mirror. you think the brutal prison conditions that've gotten so much publicity are an aberration? an accident? plenty of amerikans seem to want prisons like that. some of 'em even got to act out their desires in the military. yep plenty want such prisons until there's a chance they might wind up there themselves. like the short dude in question. should the dog handlers of abu gharib have dogs biting their naked shit- smeared balls in the brig? or should we try to stop the cycle, even if it is ultimately an exercise in futility in this land of the most violent naked apes walking the planet.

what if the short dude were innocent? I for one sure as shit will never trust the press to accurately determine guilt or innocence? if we can't keep the truly guilty safe in prison, how will we keep the innocent safe? how will we keep the 5'1" 17 year old who was convicted of theft safe? who in the system of justice do you trust enough to have the power of life and death and always get it right? maybe alberto gonzales? fuck no. lock 'em up if they're guilty of dangerous crime as best as can be told. but there's an obligation to have a safe and humane place to keep them. and by the way, "them," could be any one of us on a given day, falsely identified, or falsely accused for some other reason. there are plenty of joes out there and will be more (see they sure as shit do link above for an example if you haven't already).

nekked apes sure are a troubled species.

meanwhile, rory wonderz what the fuck happened to spanky.

12 Comments:

Anonymous Anonymous said...

Forget Spanky. Your repressed response to guilty child molesters is indicative of everyone's initial revulsion (but you knew that, right?). That you fought your urge for instant punishment is probably testimony as to why those episodes belong in your "former life" & makes me proud to read your blog.

Re: the featured stature-impaired molester du jour ... I am left to wonder why solitary confinement was not an option? Or why not serving his sentence in a mental institution offering intense psycho counseling for convicted felons?

Thank you for providing another perspective, Rory. I can't even imagine what our prison conditions are truly like. Unfortunately, I can all too well imagine the insane apes who run them. D.K.

11:11 PM  
Blogger Rory Shock said...

hey dk thanks ... one would think that protective custody or solitary of some sort would have been an option ... one would think that the judge who has been around for awhile and knows the system would know that ... one then wonders whether she had other bases for her decision ... I'd like to read the transcript ... but am not motivated enough to see if its posted somewhere right now ... truth of the matter is ... the guy probably needs every day surveillance and attention of some sort to keep kids safe from him ... sometimes prison with absolute release following it doesn't do that ... it just delays the danger ... perhaps the judge thought that retaining jurisdiction via probation would be the best option ... but then there's the frequently recurring problem of not enough probation officers ... wonder if that problem has an impact on this one ... probably not enough good help for the kid either ... probably ... but hey ... the big money goes to hardcore punishment incarceration and war ... we are the killinist incarceratinist bunch o nekked apes around ... another perspective ... well somethin' made me wanna step back for a moment ... i guess i understand the instant reactions that are overwhelming blogs, but we gotta try to rise up above a little ... (if you do a search for this guy by name within the blogger window of blogs ... hfs you get squib after squib of impeach the judge ... how could this happen ... etc ... it becomes another OJ moment defining the public's perception of the criminal justice system by the aberration)
thanks for your comment dk, I appreciate it

12:05 AM  
Blogger Unknown said...

the 5'1" was found guilty. while i know innocent people ARE found guilty every day, i have to believe this man WAS guilty because it is far too dangerous for me to believe all those convicted of a crime are really innocent.

while i don't wish him any harm, i don't really give a flying f**k that he is 5'1" and may have a hard time in prison. he deserves to do time at the very least and 10 years probation is NOT cutting it. i also think you're giving the judge FAR TOO MUCH credit.

i understand you have way more of a background in the court system than i do. but please understand this, i have WAY MORE of a background in child (and adult) assault than i believe you do. this is NOT a just decision. it's not

12:20 AM  
Blogger Haddock said...

Rory, that is definitely thought provoking stuff. The naked ape is in trouble, always has been. We like to think we are becoming more civilised, but I suspect the opposite is true.

5:08 AM  
Blogger Peacechick Mary said...

With a name like "Spanky", he's probably a high level employee of Homeland Security for now.

6:02 AM  
Blogger Rory Shock said...

well, rose, I appreciate your perspective ... don't really have an argument with you ... and you were not one of those who was calling for the dude to be abu gharibbed ... but it seemed to me that elsewhere in the blogosphere there was an overwhelming howl to "castrate" "shoot in the head" etc. the 5' 1" dude ... now maybe that is what amerikans really want ... but if so, let's not make a pretence of condemning the conditions in abu gharib, torture of people our government has determined are guilty of terrorism ... now generally speaking the conditions in amerikan prisons that i have seen are not generally as bad as that, they have been and are at times and could easily revert to that ... e.g. not too many years ago down in Arkansas there was something called the "tucker telephone" -- one of those shock the monkey devices -- not a fake one that has caused so much outrage with the picture of the hooded guy on the box ... a real one -- the "restraint chair" that caused so much stir when used at guantanamo -- hell that's all over the place in the states... just that our invisible prisoners are not guarded by people who can or will take pictures that get leaked ... plenty of shit like that in our past... and future ... and when all I hear from the electronic mob is let's start doing this stuff to child molesters, or any other class of criminals, I get a little worried, a little sick at heart ... brutality is usually something that is completely subject to the import export business ... you import it, you're gonna export it -- you export it, your gonna import it when the exporters return --- how many of the abu gharib guards for example who were not symbolically prosecuted are gonna wind up guarding people in jails in the states when they come back ... they don't need the mob egging them on ... nor do any of us ... as to personal experience, I don't know what yours is ... just as you don't know what mine is ... i am not in any way advocating letting child molesters or any other criminals go ... as I've said in various places, I used to work in a jurisdiction where they got very long sentences and then were faced with indefinite committment to a hospital/prison -- the legislature essentially removed the probation option -- perhaps this case will cause the nebraska legislature to consider such a thing -- and I still feel ... and I know from first hand observation -- that at times and in certain places there is more energy and rage put into wanting to hurt the perpetrator (which is understandable, ie wanting to hurt the perp) than is put into helping, really helping in a long term responsible way, the victim (cathartic brutalization of the perp is not going to heal the damage to brain of the victim) ... across the blogosphere all I see is screaming for vengeance against mr. 5' 1" -- and vengeance is cool, don't get me wrong -- but where is the screaming for resources to care for the children hurt and for the resources to really protect them in the long run -- including therapeutic rehab, education of the public --- I mean real education -- resources to keep kids safe (how many kids are left on their own unprotected too much of the time?) ... there are a lot more abusers out there than we can ever lock up and throw away the key on ... anyway, i still believe that this case is another OJ moment, another hot coffee in the lap moment ... the unusual cases get our blood up and cause our lizard-brain to kick in -- they get out attention -- no headlines flying across the blogosphere when a guy who "touched" teenage boys and talked them into jerking each other off, for example, got 99 years without parole ... I still submit that in many places that is more the norm than this case, yet this case will play on and on and on and will define the "system" in the brains of many ... yet the big news always seems to be the guy who "gets off easy" ... I dunno, it just makes rory think 'bout a few issues ... chill rose, roryz not tryin' to start a fight with you or deny your right to your perspective and feelings and I understand that experience can be effed up enough to make it pretty hard to deal with some things ...

hey haddock ... good to see you man ... I suspect that germany is way ahead of us these days in relation to issues touched upon here ...

peacechick ... I'll bet you're right ... I think spanky was a republican ... his prior employment certainly would give him an impressive resume in this administration

6:13 AM  
Blogger Unknown said...

I saw a few of those shows about prisons and its' pretty frightening. Those people turn more crazy and wild in there. We don't have "rehabilitation" we only have humiliation. It doesn't help anyone. When these guys or women get out of prison, they are mad as hell. Whose interests does that serve?

1:35 PM  
Blogger gugon said...

This is what I love about you rory. Always surprising - and refusing to take the easy out or fall into step with the herd mentality.

I have zero sympathy for child molesters. But I don't trust the media to give a true or accurate story on anything - especially a story with as much sensationalist punch as this. And even if the story given to us is true and accurate, it will never be the complete story. Who the hell am I, sitting here in the comfort of my office a thousand miles away, to pass judgement on somebody I don't know, based on incomplete and/or inaccurate reports written by someone whose job it is to sell as many papers as possible?

You wouldn't believe how often I hear people say, regarding the mess in the Middle East, "we should just nuke the whole region and be done with it."

If there's one thing we Americans love, it's convenience. Death at the wave of a hand would just be so much more convenient than dealing with the untidy complexity of reality.

6:23 AM  
Blogger Rory Shock said...

gugon: thanks so much for the comment ... not just the pat on the back ... although that feels mighty good comin' from you ... but your insight and perspective ... rock on me brudda

8:57 PM  
Anonymous Anonymous said...

great entry :)..

3:04 AM  
Anonymous Anonymous said...

Having worked with Rory in his other life I can tell you that he not only resisted the urge to for instant punishment but lived the words he talks. Rory defended the innocent and the guilty with the strength and intensity that can never be shown on the Bullshit lawyer shows or movies. Just as important is Rory treated all the folks he represented with respect, regardless of what they were accused of. Keep reading because while it has been a while since Rory and I worked together after years of contemplating his insight when it was shared one on one I know you will never be disappointed or disrespected.

2:01 AM  
Blogger Rory Shock said...

holy crap, rory just read jeff moots' comment and it brings tears to my eyes ... jeff is a noble dude people ... the most righteous and loyal friend a nekked ape could ever have ... and way too frickin' kind in his words to rory

11:47 AM  

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