Tuesday, June 26, 2012

The Lady, or the Tiger?

Mercury News . (LiPo Ching/Staff) ( LiPo Ching )
Victim William Lynch Case:

In case you haven't been following the news, One of the apparently many children that "Father" Jerold Lindner molested, grew up, and after much frustration with being unable to prosecute or otherwise get the evil molester Lindner off the streets through legal means, allegedly went and socked Lindner in the face. Santa Clara county is in the process of throwing the book at William Lynch for his efforts. The Mercury News has an ongoing series of articles about the case, and has published a video interview with him as well.

The situation as it currently stands is surrealistically warped and shocking. The prosecution put Lindner on the stand to testify against the man that he molested as a boy; the prosecution told the jury that  Lindner would probably lie: they knew he would lie; they told the jury that  Lindner IS guilty of those crimes (millions have been paid to a bunch of  Lindner victims) and then, when he lied, and the defense called for a mistrial because the witness against Lynch perjured himself, the judge allowed  Lindner to execute his fifth amendment rights, and in so doing denied the defense the right to face his accuser AFTER his accuser was allowed to make his accusations in front of the jury. Judge Cena instructed the jury to ignore  Lindner's damaging testimony, but clearly it's too late... who REALLY can un-hear what they already heard? For this reason alone, mistrial should be declared.

Cena is hearing none of that.

The prosecution and the judge are clearly railroading Lynch because they are embarrassed by his attempt to do the job that the State of California appears to be unable AND unwilling to do: use reasonable methods to remove child molesters from the community.

It is absolutely disgusting that we are expected to suspend our emotions and our reason when these evil molesters are on trial. We have to listen to details about medical conditions and psychological damage that may have caused these poor, misguided people to molest children. We have to hear stories about how their health is deteriorating, and so they can't possibly be treated like a common criminal... their health would suffer! We have to listen to how hurt their families and supporters would be if there were a conviction, We don't get to see evidence that would make it seem like we're ganging up on them, we limit the number of OTHER victims of exactly the same abuses that can testify. We even prevent anyone from telling the jury HOW MANY other victims there are because it might paint an "unfair" picture.

But when someone like Lynch comes along, they end up with judges like Cena, and prosecutors like Gemetti. The jury is prevented from hearing testimony about how child sexual abuse can affect an adult's behavior ESPECIALLY when issues involving justice are concerned. The jury doesn't get to hear from other victims of the child molester to corroborate THE TRUTH.  In this case, the jury even got to hear Lindner's testimony against Lynch, but then the judge denied Lynch his right to face that accuser. To make matters worse, the judge refuses to allow for the fact that Lindner is guilty EVEN THOUGH the prosecutor stated that he was guilty, there have been millions paid out to victims of Lindner, and his own family members have stated that he molested them. Cena is removing all of the very kinds of defense tactics that ACTUAL bad guys usually use in their own defense. 

The jury trial was never meant to be a vacuum -- free from reality -- REASONABLE doubt, and heard by a REASONABLE jury. It was meant to expose the facts of a case, and to let reasonable people decide what could be tolerated in society or not.  People will tolerate vigilantism if there is no one else who is willing to step in and do what is right for the community, and this makes the State VERY afraid especially when they can not, or are loathe to, prosecute bad people.

All reason, all logic, all justice, all humanity has left the justice system.

The purpose of the justice system is to prevent State officials from being publicly exposed and embarrassed about doing their jobs poorly, and nothing more.

The Fox is running the hen-house.

Lynch has a Legal Defense Fund facebook page set up. Go have a look there too. 

You can donate to his defense fund here:
http://www.williamlynchdefensefund.com/donate.html

6 comments:

  1. One has to wonder what they are thinking and question their honesty and intent in doing the people's business. In a reasonable world charges would never have been filed.
    I raise the question what is it these people are acting to protect? Hide? It certainly isn't former current or potential victims.
    This isn't just a Bay Area thing. I tried to report a pregnant single mother who was using heavy psychedelics and also getting high in the presence of her 3-4 year old child and got lectured by the girl who answered the phone at DHS about how child abusers umm I mean addicts can be great pearents. She flat refused to take a report. Reporting that call was similarly ignored.

    C

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    1. With Sandusky and all of the recent Catholic Church molesters in the news, and the relative inability of the prosecutors to actually punish any but the most sensational of the cases, I think that the pubic is beginning to to get tired of not being protected.

      These kinds of after-the-fact "do-it-yourself" justice cases are popping up all over with the less sensational cases. The authorities are causing this kind of reaction by failing to pass laws that have any bite, allowing ridiculous defense tactics and doing nothing about it (and perhaps there is nothing they can do...)

      But the fact is, the system is broken, and can't protect against child sexual abuse unless the abusers are practically caught in the act, and even then, the system lets them back out on the street right away.

      Cena and the prosecutor in this case are deathly afraid that the jury will simply acquit to nullify the law in this case. As they should.

      Something has to give... either the authorities need to pass and prosecute these kinds of offenders, or the public needs to make it clear that they will not convict people who self-help.

      I'm not advocating for the latter in general. I'd prefer to see the former... But somebody's going to have to get off their ass and do their job.

      For the most part, the courts are not supposed to rule in a way that exacerbates the problem. In Lynch's case, I don't see how anything but dismissal or acquittal will meet that requirement.

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    2. I think the system has the tools necessary in most cases the problem it seems to me is in those who are hired to use the system to do the People's work. There seem to be an awful lot of them who have an agenda that doesn't involve looking after the best interests of the people and in fact often depends on subverting that mission.
      C

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  2. As reported by courtroom spectators, the jurors teared up after viewing the Mercury News video of Lynch talking about the abuse.

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