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June 25, 2008

Dem State Rep. Gets Nasty in Defense of Child Rapists

Liberals might not have the belly for resisting Islamic maniacs, but they sure aren't taking any guff from 6-year-old rape victims. Democrat Massachusetts State Rep. James Fagan doesn't like Jessica's Law, because it calls for mandatory sentences for child rapists, which New England is notorious for letting off with wrist slaps. His bizarre justification is that harsh punishments for rapists would force his fellow lawyers to be extra mean to their victims.

Fagan makes his case, via The Next Right:

It's so wrong because in these situations … that 6-year-old is going to sit in front of me, or somebody far worse than me and I'm going to rip them apart. I'm going to make sure that the rest of their life is ruined. That when they're 8 years old they throw up; when they're 12 years old, they won't sleep. When they're 19 years old they'll have nightmares and they'll never have a relationship with anybody. And that's not because I'm a nice guy. That's because when you're in court, and you're defending somebody's liberty, and you're facing a mandatory sentence of those draconian proportions, you have to do every single thing you can do on behalf of your client. That is your obligation as a trial lawyer.

Watch him lay on the charm:

Now I get why lawyers are even more unpopular than journalists. What I don't get is why Democrat politicians aren't more unpopular still.

On a tip from V the K.

Posted by Van Helsing at June 25, 2008 6:37 AM

Comments

Posted by: Oiao at June 25, 2008 6:49 AM

volunteers will paw through every bag before it is hauled away.

I'm guessing that that's the kind of "green job" the environmental left is promising.

Posted by: V the K at June 25, 2008 7:16 AM

Dickens's Fagin had nothing on this guy. He is a monster's monster.

Posted by: James McEnanly at June 25, 2008 8:40 AM

On a related note, thanks to Anthony "Lover of Terrorists and Child Rapists" Kennedy, Child rape is no longer a death penalty offense.

Posted by: V the K at June 25, 2008 8:52 AM

They may as well broadcast that they are not only evil ambulance chasers, but low life, scum sucking, devil worshipping for a buck, cheerleaders for pedaphilia!!!! I hate anyone who doesn't consider it a priority to protect the innocent, especially children and elderly! I'm going to be angry the rest of the day!

Posted by: HoosierArmyMom at June 25, 2008 9:34 AM

Not to defend this whack-job, but he does have a point. Trials are traumatic experiences, and even more so for children. A lawyer has an legal obligation to his client (even if that client is guilty as hell), and if his client is facing a mandatory 10 years (or whatever) in federal PMITA prison, he will do whatever it takes to keep the slime-ball out. If that means tearing into the child's sworn statements - the child is unlikely to take the stand - and questioning his/her credibility, then so be it. It's not kind, it's not nice, but if that is what needs to be done, then they will do it. That's what defense lawyers do.

Having said that, I'm all in favor of tough sentences for heinous crimes like this. I guess the bigger shame is that there are judges that will let child rapists off lightly to begin with, necessitating mandatory sentencing laws.

Posted by: CoderInCrisis at June 25, 2008 9:35 AM

And from the Supremes today on Child Rape:

"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion. His four liberal colleagues joined him, while the four more conservative justices dissented.

Kennedy and the rest of the liberal side of the panel can kiss my weenie. I catch a child rapist; it will die. Right along with Faggin.

Posted by: Jimbo at June 25, 2008 10:08 AM

His argument seems to be that, depending on the punishment his client is facing if convicted, he may not try that hard to get him off. That makes no sense.

A lawyer should try to get his client off, regardless of the punishment, not say "well, I could rip apart your rape victim until she breaks down on the stand, but since you're only facing 3 to 5, I'll go easy on her."

WTF?

Posted by: NudeGayWhalesForJesus at June 25, 2008 11:47 AM

Plus the fact that this guy is just a sick, evil mother-***er, and that's the bottom line.

Innocent people are often falsely convicted of child molestation, and guilty-as-hell child molesters are routinely let go by idiot juries and liberal judges.

Best solution, a shot of sodium pentathol, right in the arm.

Posted by: NudeGayWhalesForJesus at June 25, 2008 11:51 AM

The things you have to force yourself to buy into to be a Democrat is staggering.

Posted by: Smoke TNT at June 25, 2008 12:32 PM

NGWFJ & Smoke TNT: yep, I concur.

I don't even have kids but God help me: sure hope to catch a pedophile in the act. He'd be minus a few body parts before the fatal shot. The Supreme Abort is worthless. Am surprised they've not sandblasted off the three frescoes on their building related to the 10 commandments. Guess ignoring the law suits them just fine.

Posted by: fellowes at June 25, 2008 1:00 PM

I have to be with Coder on this one. The guy is basically saying it like it is: a defense attorney will crucify someone on the stand, and if it's a kid, oh well.

Problem is, what do you do? Soften the penalties so they won't go after a witness as hard? NudeGay made the point: vigor of the defense is equal to severity of punishment? That's insane.

This is one of those "there is no good answer" deals. I'm not sure how you protect a child on the witness stand, yet give someone a fair trial. Damn.

Posted by: matt at June 25, 2008 1:26 PM

"The things you have to force yourself to buy into to be a Democrat is staggering."

That has meaning on so many levels. I could write a book on just that subject. I've known Democrats bend themselves into all sorts of contortions, ignoring cognitive dissonance, simply to stand by an increasingly unworkable party line.

Posted by: NudeGayWhalesForJesus at June 25, 2008 2:45 PM

HoosierArmyMom, there are still fathers out there who can impose the death penalty to such scum.

That's certainly what would happen should some pervert touch any of my children.

Posted by: Anonymous at June 25, 2008 3:17 PM

Yes, lawyers CAN rip into rape witnesses, that's why in CHILD cases, the prosecution most often tries to go with PHYSICAL evidence, rather than testimony. Sometimes the same will be true in adult cases because the case may fall apart if the victim get frightened or rattled.

Posted by: KHarn at June 25, 2008 3:27 PM

Thanks for that comment Anon. I don't think anyone who did that to a child in my family would live to be defended... I know a military sniper or two, if I didn't take em out myself. And there is also all the prison inmates that don't like inmates that victimize children and the elderly... as many have children and grandparents "out there". They love to get their hands on the perves! I remember what happened to Jeffrey Dahlmer.

Posted by: HoosierArmyMom at June 25, 2008 6:42 PM

"The death penalty is not a proportional punishment for the rape of a child," Justice Anthony Kennedy wrote in his majority opinion.

Posted by: Jimbo at June 25, 2008 10:08 AM

Um... Yes, it is, Kennedy.


Posted by: KHarn at June 25, 2008 3:27 PM

Exactly, whatever happened to DNA testing.

Posted by: mandible claw at June 25, 2008 10:25 PM

When can we finally start hunting liberals?

Posted by: GunnyG at June 26, 2008 3:16 AM