4.08.2009

#257 Do Not Use the Law Like an Intimidation Club

Students Sue Prosector in Cellphone Photos Case in which the DA is charging her with "sexting", sending nude or seminude photos from and to cellphones.

The only thing is that the photo isn't pornographic and he's attempting to charge her with a crime and to send her to flippin' prison. He lied in his threats by saying they had a full-bodied naked photo of her when they did not in an attempt to scare her into agreeing to a plea.

DA George P. Skumanick (nice name, Skummy!) of Wyoming County is considering filing a charge of sexual abuse of a minor against Marissa Miller and her friend, Grace Kelly, for a two year old photo of them at a slumber party in their bras. Not nude, not full frontal, sitting bras which are quite alot like bikini tops.

This is a pretty clear case of a DA overstepping his duties and using the law like a big ol' scare club to frighten kids into signing plea deals.

I understand and agree that the practice of sexting is a disturbing trend but this kind of over-reaction and abuse of power does nothing to help prevent sexting, it does, however, go a long way towards undermining the laws of the land because they are being applied to heavily and without real consideration for the facts.

There is also the misrepresentation of the evidence in an attempt to coerce Miller's hand. Seems like a very clear abuse of power and I hope Skumanick is brought before a Bar Board to defend his over-the-top actions. There is simply no justification for such heavy-handed coercion.

Rule #257 in Do Not Use the Law Like an Intimidation Club

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