Showing posts with label trials. Show all posts
Showing posts with label trials. Show all posts

Monday, November 5, 2007

Virtual rally today: Desiree Alliance

Image from Desiree Alliance.

~*~

From Renegade Evolution comes news of a virtual rally later today that I will not be able to participate in, due to work. So, decided to cover it now. It involves Philadelphia Municipal Judge Teresa Carr Deni, who is up for re-election, just to make it interesting.

Deni made national news when she referred to the gang-rape of a prostitute as mere "theft of services":
A judge in Philadelphia has come under fire for a controversial ruling in which she reduced charges so that a man accused of raping a prostitute at gunpoint faced only robbery charges for "theft of services."

Municipal Judge Teresa Carr Deni earlier this month dismissed rape and sexual assault charges against Dominique Gindraw, who is accused of forcing a prostitute at gunpoint to have sex with him and several other men. Deni left intact charges of armed robbery for theft of services against Gindraw.

Prosecuting Gindraw for rape, the judge said in a subsequent newspaper interview "minimizes true rape cases and demeans women who are really raped."

The decision — and Deni's subsequent comments to a local newspaper — prompted about 40 complaints from around the country to the local bar association, said executive director Ken Shear, as well as a campaign by women's groups to encourage people to vote against Deni when she is up for reelection Tuesday

The Philadelphia Bar Association this week took the unusual step of publicly criticizing the ruling.

"I am personally offended by this unforgivable miscarriage of justice," said bar association chancellor Jane Dalton. "The victim has been brutalized twice in this case: first by the assailants, and now by the court."

"A victim is a victim regardless of how they come to be in that position," Dalton told ABC News.

Deni did not immediately return a message for comment left this morning.

Her lawyer, George Bochetto, said Deni "makes decisions based on the evidence presented in a court of law, not newspaper accounts of the story. She finds the chancellor's comments to be regrettable."

The accuser testified that she initially agreed to have sex with Gindraw and a friend of his in exchange for money, but that Gindraw refused to pay her, held a gun to her head and forced her to have sex with several men, according to a transcript of an Oct. 4 court hearing.

"She consented and she didn't get paid. … I thought it was a robbery," Deni told the Philadelphia Daily News.
As stated above, the Philadelphia Bar Association has publicly dissociated from Judge Deni's comments:
MUNICIPAL JUDGE Teresa Carr Deni has invited the wrath of a very unusual source: the Philadelphia Bar Association.

In a rare public reproach, Chancellor Jane Leslie Dalton yesterday denounced Deni for inflicting an "unforgivable miscarriage of justice" on a prostitute who was the victim in a preliminary hearing Deni presided over earlier this month.

"The victim has been brutalized twice in this case: first by the assailants, and now by the court," Dalton said in a scathing rebuke issued in a statement yesterday.

The sex worker had agreed to have protected sex with the defendant and another man for a prearranged fee, but was instead forced - at gunpoint - to have unprotected intercourse with four men.

But Deni dropped the rape and sexual assault charges against the defendant, and held him instead on armed robbery charges for "theft of services" from the prostitute. "She consented and she didn't get paid," Deni explained to me later. "I thought it was a robbery."

In the aftermath of outraged e-mails sent to the bar association, Chancellor Dalton felt compelled to read the transcript of the Oct. 4 proceeding herself.

And she was appalled by it.

Deni's ruling "belies a basic understanding of what constitutes rape in Pennsylvania," Dalton's statement said.

"Judge Deni's belief that because the victim had originally intended to have sex for money and decided not to because she didn't get paid posits that a woman cannot change her mind about having sex, or withdraw her consent to do so, regardless of the circumstances. We cannot imagine any circumstances more violent or coercive than being forced to have sex with four men at gunpoint."

The ruling reflects "in my opinion, a clear disregard of the legal definition of rape and the rule of law in this case," Dalton said.

"As Chancellor, a lawyer, and a human being, I am personally offended by this unforgivable miscarriage of justice."

And that's a courageous and dramatic comment for the head of a group that's far more likely to defend a judge than criticize one.

Dalton felt compelled to speak out because Deni is running for retention to a six-year term in next week's election.
And that is why there is a virtual rally today, to GET RID of Deni tomorrow, November 6.

Vote NO on Deni.
For immediate release

Contact: 877-776-2004

info@DesireeAlliance.org

Rape is NOT an Occupational Hazard!

Sex Workers Join Women’s Groups and Sexual Assault Survivors’ Groups to Urge PA Voters to Vote ‘No’ on the Retention of Judge Teresa Carr Deni

Judge Teresa Carr Deni spawned outrage from all directions after ruling on October 4th that a sex worker that was raped at gunpoint by multiple men was NOT sexually assaulted, rather she was just robbed. Deni commented in an Oct. 12th interview that this case “minimizes true rape cases and demeans women who are really raped.”

Grassroots activists around the country, including nationwide sex worker-led organizations such as the Desiree Alliance and regional advocacy groups from coast to coast responded with anger and disgust for Deni’s disregard of the basic human rights of the rape victim in this case. “Deni’s decision in this case sends a message that sex workers can be targeted for violence with impunity. Rape of sex workers is common, alarmingly under-reported, and rarely taken seriously by authorities,” Kitten Infinite of Sex Workers’ Outreach Project said. “Violence against sex workers is perpetuated by the state through discriminatory laws and judicial rulings such as this.”

Sex workers in the US and abroad are organizing and becoming more vocal about the violence and discrimination that they face. “Because prostitution is criminalized, our human rights and our boundaries are clearly not respected,” Mariko Passion, a board member from the Desiree Alliance commented, she continues, ”…forcing or manipulating sexual intercourse by fraud, fear or coercion is rape.” On Oct 30th, after considerable pressure from sex workers and feminists around the country, the PA Bar Association issued a statement condemning Deni’s action, stating that, “The victim has been brutalized twice in this case: first by the assailants, and now by the court.”

The Desiree Alliance applauds Association Chancellor Jane Dalton’s review of the matter and we find some satisfaction in the fact that the District Attorney’s office has re-filed rape charges against the perpetrator of this despicable crime. However, we still call on voters to vote ‘No’ on retaining Deni in the election on November 6th. The Desiree Alliance will hold a virtual press conference and rally on Monday, November 5th at 5pm Eastern for sex workers and allies to comment publicly about this case and how to prevent further discrimination against sex workers.

Who: Desiree Alliance and Affiliates

What: “Rape is NOT an Occupational Hazard!” Virtual rally

Why: Judge Teresa Carr Deni should not be retained as a Municipal Court Judge in Philadelphia

When: Monday, November 5, 2007, 5pm Eastern, 2pm Pacific

Where: http://www.BoundNotGagged.com

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Listening to: Amy Winehouse - Back to Black
via FoxyTunes

Friday, September 7, 2007

I met him on a Monday and my heart stood still...

Left: Phil Spector and his attorney, Linda Kenney Baden. Photo from Reuters.

Some wit over on Darwin Exception quoted Robert Duvall in APOCALYPSE NOW: You know, some day this trial is gonna end.

Since Wednesday, I've been listening to streaming videos of the closing arguments because I started flipping out every time COURT TV cut to a commercial: Don't interrupt Alan Jackson! (((shrieks!)))

And that's how you know you're an addict: GIVE ME MY CLOSING ARGUMENTS, NOW!!!!! (roller-derby blocking-elbow to anyone who tries to take the remote from me)

I start shaking and getting weak when I don't get my closing arguments.

Anyway, here is our hero Alan Jackson, courtesy of the redoubtable Kim, at the aforementioned Darwin Exception; she wonderfully titled her post He had me at "Don't Go!":

"Five months ago, you didn’t know the real Phil Spector - but things have changed. Now that you know who he is and what he is and what he does, and his violent history with women and guns, now that you know all this, let’s go back, outside of this courtroom, let’s move out to the parking lot, the parking lot adjacent to the House of Blues, the one you’ve seen so many photographs of, this parking lot. It’s February 3, 2003, it’s late at night, actually it’s early in the morning, it’s dark out.. The lot’s beginning to empty. Go with me to that location, mentally take yourselves with me to that location. The lot’s not full, the valets are starting to clean up for the night. And you see over towards the side a big shiny black Mercedes, and as you look to your left standing in that parking lot, you see Philip Spector emerge from the House of Blues, he’s wearing all black except for a big white jacket, it’s oversized, a little too big for him, too big on the shoulders, too long, sleeves too baggy, and he steps out of the House of Blues accompanied by a tall beautiful blonde with blonde ringlets. She’s taller than he is and she’s wearing an above the knee slip dress, a black jacket and she has a leopard skin purse slung over her right shoulder. As you stand in that parking lot think about where you are and what you’re seeing. As you stand in the parking lot you begin to hear them talk and you overhear their conversation, you can hear as Phil Spector begins to insist that Lana Clarkson come back to his castle. He tries to coax her back to the location. And you listen as she constantly says “no, thank you, no, I can’t go, I’ve got to work tomorrow, no thank you, but I can’t join you Mr. Spector” And you listen as he continues to try to lure her back to his castle. Back to the Alhambra castle. “Come back to my castle and see my castle.” And then, just then, you think you hear in her voice a little crack - she may begin to relent, she may actually accept his offer. You’re standing in that parking lot and you’re watching this conversation. Let me ask you a question. If you could say but one thing to Lana Clarkson right then, standing at the back of that Mercedes, in that parking lot, just one thing, you can say but one thing to her, one sentence, one phrase, even two little words, even if you had to whisper it, what would you say? Had I asked you that question 5 months ago, when you first walked into this courtroom, you couldn’t answer it, you’d shrug, and you’d say “I don’t know what I’d say to her”. But now that you know the real Phil Spector, now that you know who he is, and what he is, and what he does, what would you say? Even if you had to whisper it so he couldn’t hear, all of you, all 17 of you are thinking the same thing, you’d lean over and you’d whisper “don’t go”. Don’t go. You’d simply say “Lana, Don’t Go.” And the reason every one in this jury box thought the same thing, maybe the words a little bit different, but the thought was the same. The reason that you would say that is because you know something she didn’t know. You know the real Phil Spector. And if you thought to yourself “I’d tell her not to go” it’s because you know in your heart of hearts, after hearing all of this evidence, you know in your heart of hearts, he’s responsible for her death. He killed her."

And with that powerful little scenario we begin closing arguments.

Frankly, I think Alan Jackson could have sat down after that little speech. He had them at “Don’t Go.” Or at least he had me. I swear to God I got cold chills up and down my spine and my eyes welled up with tears when Jackson leaned over the jury box, put his hands up against his mouth and whispered “Don’t Go” - even though I was shouting at him the same two words two sentences before he got there.

Sure, there was more powerful argument later - the big red “X’s” he squeakily put through each item in the chart of “10 Reasons Science will Prove Lana Was Holding The Gun” Linda Kenney Baden had outlined in her opening statement, the picture flashed on the ELMO of Phil Spector standing pointing his finger like a gun with the words imposed in red underneath “I Think I Killed Somebody” (which Jackson opined could have been more frankly spoken as “I think I FINALLY killed somebody”), and the slap in the face to the entire defense team when he ended with the montage from “Lana Unleashed” of the Steely Dan song “Peg” playing “So won’t you smile for the camera, you know I love you better….” as Lana in her different costumes, roles and skits from the reel flashed on the screen, all with her brilliant smile and bright sparkling eyes. “That” Jackson told the jurors, “That was the real Lana Clarkson”. As opposed to what Jackson called the “Defense of Desperation” we had seen for the last four months, and the second murder of Lana Clarkson.


Lana's mother cried during the closing arguments. :(

I will NOT be quoting Linda Kenney-Baden's defense closing on behalf of Phil Spector. You will have to go to misogynist, evil, pro-Phil blogs for that. Or you can check out Kim's account, always readable, accurate, detailed, and thoroughly fun.

And now, we wait, with fingers crossed.

You know, someday this trial's gonna end.