July 10th Update:
New Paragraph- Advocates at the National Center for Missing and Exploited Children and officials at the Justice Department have issued cautions not only about the dangers of sexting but also about the dangers of overreacting to sexting. “You have to take every case seriously,” said John Shehan of NCMEC. “But you have to look at different scenarios. . . . We don’t think a blanket policy of charging all youths is going to remedy the problem.”
A revised version of Jackman’s article was posted later on Wednesday deleting some areas and adding new ones.
I’ve inserted the additional paragraphs and noted what was removed below.
When I posted the original article about this unbelievable case on July 4, I expected to see numerous media outlets pick up the case. I knew it was a holiday weekend but news stories don’t stop just because of a holiday.
But for 5 days, not one additional article, until today (see below).
This Washington Post article expands a bit on what has occurred so far in this case.
Below we learn that on July 1st, Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”
That’s right, plead guilty to child pornography instead of going to trial or the State will force a minor to get an erection and then take photos of it!
This is an abuse of power!
This is unequal justice under the law by only charging and threatening sexual abuse and humiliation of the 17 year old male when the 15 year old female initiated by sending the first nude image!
And ……..its State sponsored sexual abuse and humiliation of a minor!
I hope this story/case makes national news; the Commonwealth should be ashamed of what they’ve done and what they are attempting to do to this minor!
In ‘sexting case’By Tom Jackman July 9, 2014
police want to photograph teen in
sexually explicit manner, lawyers say Manassas City
teenager accused of “sexting” a video
to his girlfriend is now facing a search warrant in which Manassas
City police and prosecutors want
to take a photo of his erect penis, possibly forcing the teen to become erect
by taking him to a hospital and giving him an injection, the teen’s lawyers
said. A Prince William
judge allowed the 17-year-old to leave the area without the warrant being
served or the pictures being taken — yet. Prince William County
The teen is facing two felony charges, for possession of child pornography and manufacturing child pornography, which could lead not only to incarceration until he’s 21, but inclusion on the state sex offender data base for, possibly, the rest of his life. David Culver of NBC Washington first reported the story and interviewed the teen’s guardian, his aunt, who was shocked at the lengths Prince William authorities were willing to go to make a sexting case in juvenile court.
“The prosecutor’s job is to seek justice,” said the teen’s defense lawyer, Jessica Harbeson Foster. “What is just about this? How does this advance the interest of the Commonwealth? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he’s saddled with two felonies and the implication that he’s a sexual predator. I don’t mind trying the case. My goal is to stop the search warrant. I don’t want him to go through that. Taking him down to the hospital so he can get an erection in front of all those cops, that’s traumatizing.”Manassas City Police spokeswoman Adrienne Helms said the department would not comment, and Detective David E. Abbott, the lead investigator on the case, did not return a call seeking comment. And no one except a Prince William magistrate has seen the affidavit and search warrant for the photos — they aren’t made public until after they are served and then returned to the courthouse. The Post is not naming the teen defendant.
police released a statement Wednesday night saying that the
case was opened because the teen allegedly sent “pornographic videos . . . after repeatedly being told to stop.” The police
said it was not their policy, nor the prosecutors’, “to authorize invasive
search procedures of suspects in cases of this nature, and no such procedures
have been conducted in this case.” Paragraph- Manassas City
New Paragraph- Foster noted the warrant was discussed by prosecutors twice in open court, both before and after it was obtained, although it had not been made public because it has not been served — a Prince William judge allowed the 17-year-old to leave the area before the warrant was served and the photos could be taken. The Washington Post is not naming the teenage defendant. The case was first reported by WRC (Channel 4).
New Paragraph- Shehan said the NCMEC also “recognizes the consequences of charging a teenager like this, there can be a lifetime of repercussions. We don’t necessarily think that’s the best way to go in the more-minor situations.” A
proposed in this year’s General Assembly session that sexting between minors be
reduced from a felony to a misdemeanor, but the bill
was defeated in a House
New Paragraph- Michael J. Iacopino, a veteran
lawyer and member of the National Association of Criminal Defense Lawyers’ sex
offender policy task force, asked, “What’s the scientific background to establish
any distinction or difference [between the photos]?” New Hampshire
Deleted Paragraph- Foster said the case began when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said. The male teen was served with petitions from juvenile court in early February, and not arrested, but when the case went to trial in juvenile court in June, Foster said prosecutors forgot to certify that the teen was a juvenile. The case was dismissed, but police immediately obtained new charges and also a search warrant for his home. Police also arrested the teen and took him to juvenile jail, where Foster said they took photos of the teen’s genitals against his will.
New Paragraph- Foster said the case began in January when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said. He was served felony “petitions” from juvenile court but was not arrested.
In June, after the case was dismissed on a technicality, prosecutors refiled the charges. This time,
police arrested him
and took photos of his genitals against his will, Foster said. Manassas
The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”
The teen declined to plead guilty. Foster said the prosecutor then requested a continuance so police could get a search warrant, which was granted by substitute Juvenile Court Judge Jan Roltsch-Anoll. Two days later, both sides were back in court. Foster had filed a motion to allow her client to travel out of state to visit family.
wanted the teen to comply with the search warrant before he left. Juvenile
Court Judge Lisa Baird declined to order that, and allowed the teen to leave
the area. But he has another court date on July 15. Richardson
Deleted Paragraph- Despite the request by the prosecutor in court,
Paul B. Ebert said that police told him “these allegations [by the lawyers]
lack credibility.” He said he would look into the matter further. Prince
New Paragraph- Despite two discussions of the warrant by the prosecutor in juvenile court,
Attorney Paul B. Ebert said that police told him “these allegations [by the
teen’s lawyers] lack credibility.” He said he would look into the matter
further but did not respond to subsequent inquiries. Prince William
Deleted Paragraph- Carlos Flores Laboy, appointed the teen’s guardian ad litem in the case, said he thought it was just as illegal for the
police to create
their own child pornography as to investigate the teen for it. “They’re using a statute
that was designed to protect children from being exploited in a sexual manner,”
Flores Laboy said, “to take a picture of this young man in a sexually explicit
manner. The irony is incredible.” The guardian added, “As a parent myself, I
was floored. It’s child abuse. We’re wasting thousands of dollars and resources
and man hours on a sexting case. Manassas
Deleted- That’s what we’re doing.”
Deleted- Foster said Detective Abbott told her that after obtaining photos of the teen’s erect penis he would “use special software to compare pictures of this penis to this penis. Who does this? It’s just crazy.”
New Paragraph- Carlos Flores Laboy, appointed the teen’s guardian ad litem in the case, said he thought it was just as illegal for the
police to create
their own child pornography as to investigate the teen for it. Manassas
New Paragraph- “They’re using a statute that was designed to protect children from being exploited in a sexual manner to take a picture of this young man in a sexually explicit manner,” Flores Laboy said. “The irony is incredible.”