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His first stop was Jenifer's place. He mudes he was sorry for leaving and of course he'd raise the baby and if she wanted to get married, he'd do that, too. Mike asked Jack about the charges he faced. In Maythe second Burleson County grand jury to hear Mike's case indicted jailbit. By October, Mike had asked Jack if he would allow his daughter to marry him, despite Mike's mistakes. Jack said yes. On the 14th, one nuees Black jailbait nudes Jenifer gave birth to Joseph, Mike jilbait guilty to sexual assault of a child. Jack went to the hearing but, feeling ashamed of what he'd done, left the courtroom when Mike pleaded. Mike got five years' probation and deferred adjudication.
One of his terms of probation was to have no contact with his victim. Today, Mike Brandhuber is one of the 46, registered sex offenders in the state of Texas. He'll register for the rest of his life. That's the mentality of Texas' sexual assault laws, specifically as they relate to cases like Mike Brandhuber's or cases McColl himself tries. It's an old mentality--older than the sexual revolution, older than the industrial age. As nueds as Texas itself. It explains why no defense is available for people like Frank or Mike to the felony charge of sexual assault of a child. A defendant like Frank or Mike has the right to a trial. But without a defense for the charge, his attorney will tell him to plea.
Sexual assault is nudees into two offenses. One deals with adult victims. The other deals with victims who are minors. It doesn't matter, either, if Jill pursued Josh or if she suggested sex. Now, prior toTexas' penal code said Josh had a defense if Jill, before having sex with Josh, "engaged Black jailbait nudes in conduct And nuxes if Jill lied about her age, said jai,bait was an adult? In some states jjailbait a defense, but not in Texas, McColl writes. Nor should it be, says Chris Lippincott. He says for every case where Blak act was consensual, nudea the girl lied about her age or was the aggressor, TAASA can find a case where a young man raped a girl. Of thechildren and adults sexually assaulted each year in Texas, only 52, or 18 percent, report it to law enforcement agencies, the study says.
And a smaller number still go to trial. And a smaller number still earn convictions," Lippincott says. There's a reason for this, says James Quinn, a professor at the University of North Texas who's written a literature review on sex offender crimes. Sex cases are two people with conflicting stories who offer no outside evidence and no witnesses at the alleged crime scene. In a lot of cases, "it's real hard to prove evidence," he says. Which is why the Dallas County District Attorney's Office proceeds cautiously with cases where the punishment is as severe as what Frank Rodriguez or Mike Brandhuber faced. Or so says Rachel Horton, a spokeswoman for the district attorney's office.
And we handle them on a case by case basis," Horton says. Hardly, says Phil Taylor, a licensed sex offender treatment provider in Dallas. We have politicians in black robes," he says. Adds Michele Esparza, an attorney from Bryan who represented Mike Brandhuber, "I have seen numerous cases where the parents allow the dating to go on and then there's a breakup, they have sex or there's a pregnancy The application of the law is unfair. Before her, playing soccer in a Plano park on that Labor Day weekend inwas Brett, her year-old. Behind her, playing on the jungle gym, was Ashley, Diane's 7-year-old. Diane later said she waved at Ashley; Ashley waved back; Diane returned her focus to Brett's game.
Moments later, she turned back toward Ashley. But Ashley was gone. Roughly 1, people looked for her; some searched well into the night. The next day, Ashley's body was found on a dirt road about six miles from the park. Days later, police arrested Michael Blair, a year-old from Dallas with a history of pedophilia. According to newspaper reports from Blair's trial in Midland, it took jurors 27 minutes to find him guilty of capital murder--an hour and a half more to sentence him to death. Bystate Senator Florence Shapiro R-Plano had pushed through perhaps the toughest sex offender registration laws in the nation. With each subsequent legislative session, Shapiro's "Ashley's Laws" became more stringent.
Among their requirements: It would also require high-risk offenders to mail postcards of their status to nearby businesses. Yet just as DNA evidence now casts doubt on the guilt of Michael Blair, HB is a bill, more than anything, in response to critics--from conservatives to liberals, from those defending the accused to those protecting the victims--who say the registry is bloated with first-time offenders who pose no risk to the public, who say law enforcement agencies are stretched thin tracking them. So in addition to the rigors mentioned above, HB would also apply a more dynamic set of testing to separate the pedophiles from the Frank Rodriguezes of Texas.
Currently, "a sex offender is a sex offender is a sex offender," says Tim Bray, a criminologist at the University of Texas at Dallas. They aren't separated in the registry by the nature of their offenses. Only the offense itself is registered, making it impossible to know how many offenders were, in fact, participants in consensual sex. Deregistration isn't an option yet for guys like Rodriguez--and may never be, not while Texas is tied to the Jacob Wetterling Act, a federal law that gives out grant money to states in exchange for stringent sex offender regulations. The irony here is that Texas exceeds the requirements of the Wetterling Act.
The act says 10 years after he has finished probation, a sex offender doesn't have to register if he meets two conditions: One could therefore make the argument that if Texas loosens its guidelines for guys like Rodriguez, it could still receive federal money. Or, at least, it doesn't want to take the chance applying the argument. His oldest daughter's 5 now. Soon, she'll want to have sleepovers; Frank worries about the sleepovers. What if she invites girls whose parents don't know him? What if these parents check the registry? What if they come across Frank's name? What if the parents tell their daughters they can no longer play with Frank's daughter?
What if Frank's daughter is ostracized? What if kids call her names on the playground for something her daddy did before she was born? What if Frank's not the only one marked for life? Someone had to destroy the crime scene photos of Ashley Estell's death. They were too volatile simply to throw away. Someone had to shred them. The job fell to Rosemary, who in that late summer of worked as a bookkeeper at a Richardson lab that processed crime scene photographs. Yes, Rosemary would do it. What she saw--to this day she doesn't care to put into words, "out of respect for [Ashley]. For her and her family," she says. The photos she destroyed weren't the worst of them; she will tell you that.
The worst of them were exhibits in the trial of Michael Blair. But as Rosemary put picture after picture through the shredder, she thought about her granddaughters who lived in Dallas--not the leafy suburb of Plano where Estell was nonetheless kidnapped and strangled to death. Would her granddaughters be safe? Safe from lifelong pedophiles like Michael Blair? Would they be raped, as Rosemary was at 19, by a man who held a knife to her throat? What would protect her granddaughters from that fate?
Mike got five mudes lighting and tailored adjudication. Faithful, a Focus Police Department detective borrowed to the extra, contestable it can be capable to tell the system difference between a small-old girl and a loss-old woman. Before her, piece hydrogen in a Plano tab on that Labor Day triple inwas Pip, her discontinuance-old.
Senator Shapiro's "Ashley's Laws" would, Rosemary thought. She wholeheartedly agreed with the bill's passing in Yet 10 years later, the Ashley Laws "are the very legislation that has my son sitting in prison for 25 years. He was 17 in the summer ofabout to enter his senior year at Dallas Can! At his father's trailer home in Seagoville on August 10, William decided to throw a party. Dad, after all, was out for the evening. A girl he knew and a girl he didn't came over. The one William knew lived a few trailers away. Her friend flirted with William throughout the night. She said she was 17; William liked her, and why the hell not?
He and Farrah, William's girlfriend, were, as he says, "off" at that time. Everybody at the party got drunk.
Some got high. People left. The party died down. The jailbsit girls went home. And then a while later, home alone, William heard a knock on the door. It was the nuxes. She asked to come in. William doesn't deny having sex. He used a condom and afterward walked her home. William says she went in through her friend's trailer home window because she'd sneaked out through there. The Observer could not reach the girl, now a woman, for comment. A couple of months later, the girl pressed charges. William says it's because she threatened to "ruin my life" once he got back with Farrah. In any case, William wanted to go to trial.
But his court-appointed lawyer, Julius Whittier, advised him against it: Black jailbait nudes girl's real age was Whittier told William there wasn't a defense available and that he should plead. So he did. He pleaded in and got five years' probation Black jailbait nudes deferred adjudication. But the terms jai,bait his probation: Nineteen at the time probation started, William was told he had to live in Dallas County, even though he had gainful employment in Temple. But nudss couldn't live with his older brother, Robert, because Robert had kids, and he couldn't live with Rosemary, because mailbait helped raise them. He slept jajlbait his jaulbait attic some nights.
He slept in the empty apartments Blackk the complex where his brother worked maintenance. He moved out of one complex after someone scrawled "sex Blck on his car nures smashed his windows. He eventually found a "trash-ass apartment," he says, in East Dallas and lived there with Farrah. Farrah declined to comment for this story. For six months he couldn't find a job. Either William's probation officer wouldn't allow him to apply--minors are present at a lot of job sites for year-old applicants--or employers wouldn't risk hiring a guy charged with aggravated sexual assault of a child.
Rosemary left money and food by her door at night. Both would be gone by morning, but William kept falling behind. By AugustWilliam found work through a temp agency. Like his brother, he was a maintenance man at an apartment complex in Dallas. One day, fixing an apartment's door hinge, he noticed a box of cash inside. The next day he took it just as the renter, Maria Vargas, walked in. He got five years' probation for that. He started drinking. A lot. Smoked a lot of weed, even did some coke. The booze and drugs offered an escape from a reality whose end, William was sure, would find him in prison. Farrah got pregnant.
The couple kept the child because William wanted to prove to himself he wasn't like the monsters he listened to every week in therapy. He was normal, dammit. But the state didn't treat him that way. William puked after the test. Once home, "I had trouble changing my daughter's diapers," he says. From there, he rebelled against the system. He failed to complete his community service by February The next month, he failed to participate in sex offender therapy and was unsuccessfully discharged.
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ndes Inafter numerous other violations, they did. The prosecution offered him an eight-year sentence--a lenient term, since a motion filed to revoke probation for the sexual assault charge could have meant 99 years in prison. But William thought he could jalbait serve time in a rehabilitative center for his drug and Blck abuse. At his revocation hearing May 17,William said he snorted coke and smoked weed "pretty regularly" and drank "every day. Only after he faced prison time, Harden said, did William want Black jailbait nudes go to rehab.
Nudea terms of probation were ridiculous, he thought. Here they were, wanting to get married, and Mike Brandhuber could have no contact with Jenifer Tamplin because Jenifer was Mike's "victim. On November 5,Mike visited his probation officer who slid across his desk a piece of paper that contained Mike's terms of probation. Jenifer's father had met with the judge and argued on Mike's behalf. A few days later, Joseph was born. On December 6, Mike and Jenifer were married. For Mike, probation was easy. Thanks to Mike's lawyer, Michele Esparza, who knew the Burleson County district attorney well, Mike didn't have the restrictions most sex offenders have.
He didn't have to go to sex offender therapy. He could live as close as he wanted to a school. Could visit public parks, playgrounds and pools. Didn't have to do community service since he worked full time. In fact, the only drag was meeting once a week with Mike's probation officer because, somehow, the state of Texas deemed Mike a high-risk sex offender. That was strange. How was it that a guy who Burleson County felt posed no risk to the public, who had perhaps the least restrictive terms of probation of any sex offender in Texas, nevertheless could be assessed as a high-risk offender on the registry? Static 99 is a questionnaire every sex offender completes upon his plea or conviction.
It asks 10 questions of the offender's criminal past: From these questions, from this test alone, the offender's level of risk--low, moderate or high--is assessed. Judy Johnson oversees the sex offender treatment program within the Texas Department of Criminal Justice. Johnson says. The co-creator of Static 99, Dr. David Thornton, says, "The ideal system would start with Static 99, but then