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"Let them march all they want, as long as they pay their taxes."  --Alexander Haig

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Author Topic: Bad news for RecumbentRecycler!  (Read 17493 times)

bigmike

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Re: Bad news for RecumbentRecycler!
« Reply #45 on: December 03, 2009, 01:21 PM NHFT »


Heck, isn't that why you all joined the free state project in the first place?  Because you feel it's worth fighting against a system that everyone else tells you is a lost cost and you should just give up and work with it rather then against it?

This is something that troubles me about this news as well.

To me, it's not just about the activism. It's about the risk I face by being prepared to sacrifice my liberty in order to advance it for others.

Not everyone is willing to make the sacrifice of refusing to pay a fine, but waiving rights should never be an option just to make things easier for ourselves. Especially in the liberty movement.

The article stated Tim, by accepting the plea agreement, waived his right to a sentence review that could have reduced his sentence.  This is in addition to the rights he already waived when accepting the plea, which can be read here in case you've never seen this form before

http://www.courts.state.nh.us/forms/nhjb-2334-s.pdf

I can't second guess his decision, it was his choice to make it. But there's also something to be said about waiving one's rights to make things easier for themselves, and hopefully others learn this lesson.

The people that offer "the deal" do not represent the party they offer it to. Who, then, are they really making things easier for? Let that sink in.

I had the opportunity to meet Tim only a handful of times, but I spoke with him a bit prior to my moving here regarding his stolen property case. My impression is that he could not have committed these acts he was accused of and I hope he makes good use of his time coming and returns back to us safely.



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jaqeboy

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Re: Bad news for RecumbentRecycler!
« Reply #46 on: December 03, 2009, 01:32 PM NHFT »

Sounds like Tim could have plead not guilty, and put the burden on the prosecution as to whether or not him applying his lotioned hand to her genitals, was for the purpose of sexual stimulation.

Sounds like it would have been pretty easy for the defense, "Your honor, My Client, ...lotion....rash....3y/o daughter....upstanding citizen".

however, it would have been pretty damn ugly once it was the prosecution's turn.

I'm not saying that was the prosecution's evidence. They apparently have more, but in these cases, that evidence is social worker testimony of an interview with a child, many months after the alleged incidents. So to impeach the social worker, the child and expert witnesses and all kinds of other stuff has to be brought into play, hence the $50K entry level with the lawyer competent to win these cases.

I got the lotion story from Tim and his sis-in-law, Not as the whole story, but as 1 clue.
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jaqeboy

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Re: Bad news for RecumbentRecycler!
« Reply #47 on: December 03, 2009, 01:36 PM NHFT »

... I asked my public defender son in law for advice. He said that meant there was already a finding of guilty and the letter would be for sentencing.
...
I heard a lawyer say" I would love to take this to trial, but the odds are strongly against you. You decide" A guilty finding after a trial can lead to a sentencing 10 times longer. Maybe sometimes it is known what the plea bargain sentence is, but not in my experience. Sounds like here, Tim might have been told "I will try to get you 3, which is far better than 25"

I wonder, did he know when pleading that he would be a sex offender for life and those consequences?

I also know how far parents will go to spare their children pain and suffering. This may take the cake.

Yes, yes, yes and yes
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Kat Kanning

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Re: Bad news for RecumbentRecycler!
« Reply #48 on: December 03, 2009, 01:55 PM NHFT »

Do let us know when you have an address for Tim.
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lildog

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Re: Bad news for RecumbentRecycler!
« Reply #49 on: December 03, 2009, 02:10 PM NHFT »

The article stated Tim, by accepting the plea agreement, waived his right to a sentence review that could have reduced his sentence.  This is in addition to the rights he already waived when accepting the plea, which can be read here in case you've never seen this form before

http://www.courts.state.nh.us/forms/nhjb-2334-s.pdf

Mike you raise another question in my mind with this statement.  He plead guilty and waved his rights. 

If he simply wanted to hope for lesser punishment and skip an expensive trial and save his family the hardship then why did he not instead plead no contest?  That allows the trail to be skipped and allows you to accept punishment without your admitting to guilt you are innocent of.
« Last Edit: December 03, 2009, 02:13 PM NHFT by lildog »
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K. Darien Freeheart

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Re: Bad news for RecumbentRecycler!
« Reply #50 on: December 03, 2009, 02:56 PM NHFT »

What he pled doesn't really matter to me. Some conditions of plea deals eliminate those. It's very possible they told him the plea was only good if he pled guilty.

Plea bargains suck. Probation sucks. Bond and bail suck. All of them allow the state to impose additional restrictions on you.
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bigmike

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Re: Bad news for RecumbentRecycler!
« Reply #51 on: December 03, 2009, 03:06 PM NHFT »

Kevin is probably right Lildog. I doubt he was offered the opportunity to plead no contest. It usually is a take-it-or-leave-it deal.
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jaqeboy

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Re: Bad news for RecumbentRecycler!
« Reply #52 on: December 03, 2009, 05:47 PM NHFT »

Do let us know when you have an address for Tim.

May have something tomorrow. His brother will be back in town to finish cleaning out the apartment and to talk to the prison to get these type of details.
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Mike Barskey

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Re: Bad news for RecumbentRecycler!
« Reply #53 on: December 03, 2009, 06:09 PM NHFT »

Do let us know when you have an address for Tim.

Yes, please. I'll try to continue checking this thread, but if you could also email his mailing address in prison to admin@mail-to-jail.com I would appreciate it.
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Friday

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Re: Bad news for RecumbentRecycler!
« Reply #54 on: December 03, 2009, 08:17 PM NHFT »

** [clue] Tim applies Doctor-prescribed lotion to young daughter's privates when wife refuses/doesn't want to. Daughter has some kind of rash or other issue.**

...

Tim was advised re the best lawyer in New England for this type of case - retainer: $50,000. No one in his family could bear that cost, so he stayed with the court-appointed lawyer, who advises him if he doesn't take the plea offer, he'll lose the case and get 25 to life.

These two points are what strike me as odd.

If he was applying a lotion prescribed by a doctor then there is a paper trail showing this.  That alone should be enough to defend what he was accused of.

Excellent point.

I was thinking about this, too, and thinking that I've been a girl a good long time now, and I'm not aware of any medicinal lotions that need to be applied to the genitals other than those relating to adult female hormones.  Oh wait, I just thought of another kind of lotion that gets applied to the genitals, but that idea is so horrible I'm going to stop thinking about it now.
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Kat Kanning

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Re: Bad news for RecumbentRecycler!
« Reply #55 on: December 03, 2009, 08:42 PM NHFT »

Gak, geez Friday!
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AntonLee

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Re: Bad news for RecumbentRecycler!
« Reply #56 on: December 04, 2009, 04:26 AM NHFT »

really?  I remember my mother AND father both applying vaseline to my genitals during a period where I got a really bad rash as a child.  I was really really overweight and had a lot of rubbing between my legs and to be honest I couldn't reach where it needed to go.  I must have been under 12 years old, maybe when I was 8 or 9 it's hard to remember.

I know, good story right, but in all seriousness, can someone really be put in jail for something like that?  I know I would never convict a man for applying ointment to a child's genital area for a medical purpose.   At the same time, I can't see myself pleading guilty over something like that either. 

I can't see myself pleading guilty on anything anymore however.
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KBCraig

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Re: Bad news for RecumbentRecycler!
« Reply #57 on: December 04, 2009, 11:52 AM NHFT »

Having had a couple of boys who didn't really take to potty training until the age of 3, and one in particular who was prone to nasty diapers, I can testify that I have smeared great quantities of salve on nether regions. Mostly Boudreaux's Butt Paste, but there were others too; some of them doctor-recommended.
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RattyDog

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Re: Bad news for RecumbentRecycler!
« Reply #58 on: December 04, 2009, 02:22 PM NHFT »

If my spouse turned crazy and ran off on me and turned my kids against me...I would have lost just about everything I have in the world that is precious to me. The only things I'd have left in all the world is my good name and the fact that my kids know I love them....I would fight for those things, the last things I had left on this earth, until the day I died...be that in a prison cell or out in the world.

I "get" that he wanted to spare his kid a trial and I "get" that he took the lesser sentence...but I can't understand what reason I would have for wanting to be out of jail and "free" if I could never see my kids again and if, for the rest of their lives, my children would be force fed the idea (unchallenged) that I victimized them for sexual enjoyment. I just....I would never, ever let that happen. I would never accept that sort of deal, I would sit in prison trying to do anything I could to fight my conviction...I would sit and wait for them to turn 18, in hopes that I could maybe send them a letter, try to spell out what happened and the fact that I never hurt them....anything, maybe hang myself, I don't know. I don't know how it would be to live in a jail for the rest of my life....but I do know this:

There are many things I could do, many things I could endure, to avoid life in prison. I could NEVER do anything that would solidify my crazy spouses assertion that I was an abusive monster...I would consider that an act of betrayal against my kids.

All that being said.....

1. The events leading up to all of this are VERY suspicious...especially if the wife really is nutso.

2. I know of quite a few reasons why a doctor would prescribe a salve which needed to be applied to a child's vulva...and can think of a couple of GOOD reasons why an adult would want to supervise that application!

3. He wouldn't be the first person to be 100% screwed over by a public defender who "didn't have the time" or inclination to give an innocent man a fair shake...


Sigh. I don't know what's worse...this poor little girl really having been victimized by her father and her father only getting a ten year sentence for doing such a thing...or this poor little girl having a loony toons mom and a sane, kind hearted father who can't save her from the mother because he;s in jail for something he didn't do.

But yeah. In most all scenarios I can understand the "don't judge him unless you have been in his situation" idea...but in this case, I know what I wouldn't do. I wouldn't let my kids believe I did that to them, heavens knows that this woman is going to put that into their heads forever, that their father is a bastard who hurt them. But I would never cop to it. I would never cop to doing something so freakin' bad....if I knew that either way I'd never get to see my kids again...it wouldn't really matter that I was going to be in jail. I'd rather be in jail for life and remain solid in my proclamation of innocence....than out of jail in ten years and have my kids think I admitted to it - cementing what their mother, no doubt, is telling them.

And besides...without your family there for you...what kind of life is really there for a guy in this kind of situation? The stigma of a sex crime conviction hanging over you for the rest of your life...overcoming and turning back the kind of changes one no doubt goes through in adjusting to life in prison. Where do you work after that? What kind of romantic life could you hope to have, you HAVE to tell women you date that you're a convicted offender...you know? I would never plead guilty to hurting my kids if I didn't....especially considering that living the life of a convicted sex offender in jail for ten years and then for life after getting out was as good as it gets.
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BillKauffman

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Re: Bad news for RecumbentRecycler!
« Reply #59 on: December 04, 2009, 03:01 PM NHFT »

Amen sister!

Why didn't he go for the second best or hundredth best attorney rather than a public defender?

Were the terms of the plea bargain that the evidence against him can never be made public?
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