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Posted: 5/24/2016 6:06:15 PM EDT
This pisses me right the fuck off.
http://www.kptv.com/story/32045937/petition-started-after-sherwood-parents-voice-frustration-over-oregon-child-abuse-laws 
SHERWOOD, OR (KPTV) -
An online petition for justice is now making waves across the nation after a Sherwood couple said their baby boy was badly beaten but his alleged abuser is walking free, and now the couple is blaming the legal system. The Sherwood couple said a babysitter confessed to slapping their one-year-old son Jacob, causing deep bruises. Thankfully, there were no broken bones. That was two months ago. Jacob is doing much better, but the family wants the person who hurt him brought to justice. Sherwood Police said the babysitter was questioned but not arrested. The case was forwarded on to the Washington County District Attorney's Office where it has been ever since. The couple said a prosecutor told them a quirk in Oregon law, stemming from the case State v. Wright back in 2012, requires proof that victims of child abuse were in substantial pain, but Jacob is too little and couldn't tell anyone he was hurt. |
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Posted: 5/24/2016 6:14:22 PM EDT
[#1]
If someone did that to my boy, that sumbitch would suffer 1000 fold.
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Posted: 5/24/2016 6:22:50 PM EDT
[#2]
It is things like this that they make shovels for.
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Posted: 5/24/2016 6:24:16 PM EDT
[#3]
Quote HistoryQuoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. |
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Posted: 5/24/2016 6:25:21 PM EDT
[#4]
Quote HistoryQuoted:
Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Quote HistoryQuoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? |
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Posted: 5/24/2016 6:26:09 PM EDT
[#5]
More proof that the nuns were right about leftys.
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Posted: 5/24/2016 6:28:03 PM EDT
[#6]
How is it even possible the baby sitter was not arrested?
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Posted: 5/24/2016 6:31:09 PM EDT
[#7]
Quote HistoryQuoted:
Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Quote HistoryQuoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Do you know how they found the babysitter? Was it a family friend? If I picked my kid up looking like that
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Posted: 5/24/2016 6:37:01 PM EDT
[#8]
Quote HistoryQuoted:
Do you know how they found the babysitter? Was it a family friend? If I picked my kid up looking like that Quote HistoryQuoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Do you know how they found the babysitter? Was it a family friend? If I picked my kid up looking like that She told me last night, Her: You know that baby that was smacked by the babysitter? Me: Yep. Did they find the guy FUBAR? Her: NO IT's XXXXXXX from works son! Me: WTF? How is he not beating the tar out of this fuck? Her: I don't know, the babysitter if a long time family friend. Has watched the kids lots of times before. Me: wow 
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Posted: 5/24/2016 6:46:55 PM EDT
[#9]
Quote HistoryQuoted:
She told me last night, Her: You know that baby that was smacked by the babysitter? Me: Yep. Did they find the guy FUBAR? Her: NO IT's XXXXXXX from works son! Me: WTF? How is he not beating the tar out of this fuck? Her: I don't know, the babysitter if a long time family friend. Has watched the kids lots of times before. Me: wow Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Do you know how they found the babysitter? Was it a family friend? If I picked my kid up looking like that She told me last night, Her: You know that baby that was smacked by the babysitter? Me: Yep. Did they find the guy FUBAR? Her: NO IT's XXXXXXX from works son! Me: WTF? How is he not beating the tar out of this fuck? Her: I don't know, the babysitter if a long time family friend. Has watched the kids lots of times before. Me: wow There are just some things that friendship will not survive. This would be one of them. |
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Posted: 5/24/2016 6:55:10 PM EDT
[#10]
http://www.kptv.com/story/32036956/parents-of-injured-toddler-frustrated-with-legal-system-take-to-social-media
Alicia Quinney and Joshua Marbury posted a picture of their badly bruised son Jacob, taken the day after they found him alone on the floor in his room crying, and the man they trusted to watch their children asleep on the couch.
"The first think I saw was Jacob’s black eye," said Quinney. "And I was like, oh my gosh, what happened? And he turned over and the whole side of his face was black and blue." Quinney and Marbury said they took their son to the hospital, where doctors and social workers took pictures, documenting the injuries. They also filed a police report. Marbury and Quinney said the prosecutor on the case told them there isn’t currently enough evidence to bring charges against the suspect.
No one with the Washington County District Attorney’s office was available for comment on Sunday. Another Oregon prosecutor, speaking on the condition of anonymity, said child abuse cases are often very difficult to prosecute, because of the way Oregon law is written. State statute requires a prosecutor to prove beyond a reasonable doubt there substantial pain and serious physical injury to the child, and when there is no witness to the act and the child is too young to say he or she was in pain, the burden of proof is high. Quinney and Marbury said they will continue to fight for a conviction. |
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Posted: 5/24/2016 7:23:14 PM EDT
[#11]
Quote HistoryQuoted:
She told me last night, Her: You know that baby that was smacked by the babysitter? Me: Yep. Did they find the guy FUBAR? Her: NO IT's XXXXXXX from works son! Me: WTF? How is he not beating the tar out of this fuck? Her: I don't know, the babysitter if a long time family friend. Has watched the kids lots of times before. Me: wow Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. Do you know how they found the babysitter? Was it a family friend? If I picked my kid up looking like that She told me last night, Her: You know that baby that was smacked by the babysitter? Me: Yep. Did they find the guy FUBAR? Her: NO IT's XXXXXXX from works son! Me: WTF? How is he not beating the tar out of this fuck? Her: I don't know, the babysitter if a long time family friend. Has watched the kids lots of times before. Me: wow Wow. . . that's an awful scenario. I'd be up at night thinking about all the other times they watched my kid and all the stuff they may have missed. 
Appreciate the insight though, thank you for sharing |
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Posted: 5/24/2016 7:28:23 PM EDT
[#12]
The f------
Well, there are other ways to deal with this. |
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Posted: 5/24/2016 7:32:31 PM EDT
[#13]
Quote HistoryQuoted:
How is it even possible the baby sitter was not arrested? Quote HistoryQuoted:
How is it even possible the baby sitter was not arrested? Because the Oregon Court of Appeals is fucking retarded. http://www.oregonlive.com/washingtoncounty/index.ssf/2015/01/oregon_child_abuse_law_allows.html To convict a suspected child abuser of felony assault or criminal mistreatment, prosecutors must prove that the victim suffered a "physical injury" under Oregon law. And that, in turn, means proving that the person experienced "substantial pain."
But the appeals court has made that hard to prove unless the victims can talk about how they suffered. Barton and other prosecutors say children younger than 5 often aren't able to articulate "substantial pain." The same can hold true for older children with autism or other developmental disabilities – or even for older children or adult domestic violence victims who don't want to speak out against family members who abused them. The law leaves open another avenue for proving a "physical injury" – that the victim suffered an "impairment of a physical condition." But the appeals court has ruled that welts, bruises and shallow cuts aren't enough. |
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Posted: 5/24/2016 7:38:14 PM EDT
[#14]
A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken.
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Posted: 5/24/2016 9:09:15 PM EDT
[#15]
Quote HistoryQuoted:
Because the Oregon Court of Appeals is fucking retarded. http://www.oregonlive.com/washingtoncounty/index.ssf/2015/01/oregon_child_abuse_law_allows.html Yeah when it comes to the Oregon .Gov, we need to flush the toilet and start over. Quote HistoryQuoted:
Quoted:
How is it even possible the baby sitter was not arrested? Because the Oregon Court of Appeals is fucking retarded. http://www.oregonlive.com/washingtoncounty/index.ssf/2015/01/oregon_child_abuse_law_allows.html Yeah when it comes to the Oregon .Gov, we need to flush the toilet and start over. To convict a suspected child abuser of felony assault or criminal mistreatment, prosecutors must prove that the victim suffered a "physical injury" under Oregon law. And that, in turn, means proving that the person experienced "substantial pain."
But the appeals court has made that hard to prove unless the victims can talk about how they suffered. Barton and other prosecutors say children younger than 5 often aren't able to articulate "substantial pain." The same can hold true for older children with autism or other developmental disabilities – or even for older children or adult domestic violence victims who don't want to speak out against family members who abused them. The law leaves open another avenue for proving a "physical injury" – that the victim suffered an "impairment of a physical condition." But the appeals court has ruled that welts, bruises and shallow cuts aren't enough. |
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Posted: 5/24/2016 9:11:37 PM EDT
[#16]
Quote HistoryQuoted:
How is it even possible the baby sitter was not arrested? I have a feeling if this was the DA's child he/she would suddenly figure out how to charge the baby sitter. |
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Posted: 5/24/2016 9:11:53 PM EDT
[#17]
Quote HistoryQuoted:
A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. This. A hundred times, this. |
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Posted: 5/24/2016 9:14:31 PM EDT
[#18]
That poor boy.
Hey Oregon your laws are fucking stupid. They let child abusers go free since kids can't speak up for themselves.
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Posted: 5/24/2016 10:40:23 PM EDT
[#19]
Quote HistoryQuoted: A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. That, or there is more to the story which we are not hearing. Something about this incident just doesn't pass the smell test. There should be more than enough probable cause to arrest him at this point -- assuming the story we are being told is true. |
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Posted: 5/24/2016 10:49:16 PM EDT
[#20]
Sherwood Police said the babysitter was questioned but not arrested................. If you think about it, there could be positive aspects here. 
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Posted: 5/24/2016 10:57:17 PM EDT
[#21]
Quote HistoryQuoted: That, or there is more to the story which we are not hearing. Something about this incident just doesn't pass the smell test. There should be more than enough probable cause to arrest him at this point -- assuming the story we are being told is true. Quote HistoryQuoted: Quoted: A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. That, or there is more to the story which we are not hearing. Something about this incident just doesn't pass the smell test. There should be more than enough probable cause to arrest him at this point -- assuming the story we are being told is true. |
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Posted: 5/24/2016 11:02:42 PM EDT
[#22]
Quote HistoryQuoted:
Yeah, this isn't adding up. Quote HistoryQuoted:
Quoted:
Quoted:
A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. That, or there is more to the story which we are not hearing. Something about this incident just doesn't pass the smell test. There should be more than enough probable cause to arrest him at this point -- assuming the story we are being told is true. No. Oregon's law is fucked up. http://www.kptv.com/story/32056550/prosecutors-say-oregons-abuse-law-prevents-them-from-protecting-children?autostart=true To prove that a child is physically abused in court, prosecutors said they must produce evidence a child was in substantial pain, or there was an impairment of a child’s physical condition.
As Oregon law stands now, it also requires victims of abuse to be able to explain how they suffered. If victims are too young to communicate what happened, prosecutors said it’s difficult to charge their abuser with a crime, even if they have a confession and even if the crime is caught on camera. “Unfortunately, we’re at a point where the law has departed from common sense,” said Barton. Both Leonhardt and Barton said they’re fighting to change that law. Prosecutors said the law stems from an Oregon court of appeals ruling back in 2012 in the State vs. Wright.
Photos of a little boy horrifically beaten were front and center in that case. Prosecutors argued the photos were clear cut proof the boy suffered physical pain, but a court of appeals ruled it wasn’t enough to convict his abuser, because the boy couldn't explain that he was in pain. “I have those pictures in arms reach of my desk, so when I review cases that come in my door, I know what the court of appeals says doesn’t count as physical abuse,” said Barton. “Then I ask is this case different than what doesn’t count, and that’s the struggle.” Two senate bills were drafted in the past two years to change Oregon’s physical abuse law. Both Leonhardt and Barton said they testified in support of those bills, but the bills never made it out of the senate committee. |
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Posted: 5/24/2016 11:06:42 PM EDT
[#23]
Quote HistoryQuoted: No. Oregon's law is fucked up. http://www.kptv.com/story/32056550/prosecutors-say-oregons-abuse-law-prevents-them-from-protecting-children?autostart=true Quote HistoryQuoted: Quoted: Quoted: Quoted: A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. That, or there is more to the story which we are not hearing. Something about this incident just doesn't pass the smell test. There should be more than enough probable cause to arrest him at this point -- assuming the story we are being told is true. No. Oregon's law is fucked up. http://www.kptv.com/story/32056550/prosecutors-say-oregons-abuse-law-prevents-them-from-protecting-children?autostart=true To prove that a child is physically abused in court, prosecutors said they must produce evidence a child was in substantial pain, or there was an impairment of a child’s physical condition. As Oregon law stands now, it also requires victims of abuse to be able to explain how they suffered. If victims are too young to communicate what happened, prosecutors said it’s difficult to charge their abuser with a crime, even if they have a confession and even if the crime is caught on camera. "Unfortunately, we’re at a point where the law has departed from common sense,” said Barton. As FLA pointed out, that shouldn't be very difficult for a good prosecutor to prove to a jury. He just doesn't want to do it. I predict if the media pressure gets hot enough, he'll suddenly find a way to do it. ETA: The extra paragraph adds some perspective. IF the courts are as strict on verbal testimony as they article says they are, then I can see why the prosecutor is holding back. |
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Posted: 5/24/2016 11:13:02 PM EDT
[#24]
Quote HistoryQuoted:
so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? Quote HistoryQuoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? The accused has a right to a fair trial. The other accused who later beats the shit out of them because the justice system doesn't give a shit and won't take action also has a right to a trial, where the jurors have a right to vote to acquit. Both of those things are working as intended. |
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Posted: 5/25/2016 8:25:02 AM EDT
[#25]
Quote HistoryQuoted:
The accused has a right to a fair trial. The other accused who later beats the shit out of them because the justice system doesn't give a shit and won't take action also has a right to a trial, where the jurors have a right to vote to acquit. Both of those things are working as intended. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? The accused has a right to a fair trial. The other accused who later beats the shit out of them because the justice system doesn't give a shit and won't take action also has a right to a trial, where the jurors have a right to vote to acquit. Both of those things are working as intended. When it comes to fuckin with my kin, there are no rights as far as I am concerned. You fuck with them I fuck with you. Many years ago some kin of mine that lives in northern California had an issue with child abuse of their kids at a day care, law would not help them. I told my mom to tell them I would come make it right, she told them and they didn't call for me to come. I am glad they didn't cause I would have ended up in jail. This was kin I have only seen four or five times in my life. You take care of kin, whether it be a loan, lodging or laying out an ass whippin you take care of kin. |
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Posted: 5/25/2016 8:51:05 AM EDT
[#26]
The flip side to this is the McMartin case and other cars based on "recovered memories," where the testimony wasn't given by the putative victims but by "experts." But I agree that the appeals court got it wrong by making verbal testimony an absolute requirement.
Posted Via AR15.Com Mobile |
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Posted: 5/25/2016 8:54:17 AM EDT
[#27]
Quote HistoryQuoted:
How is it even possible the baby sitter was not arrested? Because prosecutors said it was too hard to get a conviction, even though the babysitter, apparently, confessed. |
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Posted: 5/25/2016 9:30:13 AM EDT
[#28]
I cant even look at that photo.
What did that acronym SSS stand for again? It comes to mind much more readily than a "petition".
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Posted: 5/25/2016 9:50:37 AM EDT
[#29]
Quote HistoryQuoted:
A jury could readily conclude from the injuries that the child was in pain. The prosecutor is a chicken. Yeah this sounds like a prosecutor who doesn't want to actually go in front of a jury and instead wants everything to be clean plea bargains. I'm going with the idea in Law Abiding Citizen. I'd rather they try the case and lose than not try the case at all. The good news is that the fallout from this case will probably kill the prosecutor's public career. ETA - Just saw the appeals court summary above. Hopefully those judges are elected and can be recalled. |
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Posted: 5/25/2016 9:58:33 AM EDT
[#30]
sounds like a prosecutor that needs to be in the unemployment line.
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Posted: 5/25/2016 10:15:44 AM EDT
[#31]
Quote HistoryQuoted: so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? Quote HistoryQuoted: Quoted: Quoted: If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? The justice system exists to protect criminals, by stopping vigilantism. We've made a bargain as a society that the state will enforce law and order. When the state breaks the bargain by simply refusing to even bring a criminal to trial, it can't very well complain when justice returns to the hand of the victims. Assuming this is all accurate, I would have no issue if the parents of this kid killed the abuser. |
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Posted: 5/25/2016 10:37:13 AM EDT
[#32]
Quote HistoryQuoted:
The f------ Well, there are other ways to deal with this. |
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Posted: 6/6/2016 3:57:32 PM EDT
[#33]
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Posted: 6/6/2016 4:05:21 PM EDT
[#34]
Quote HistorySo..the prosecutor....facing public condemnation for his lack of doing his job, and scared that his ambition for higher public office was in danger....decided to do his job? |
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Posted: 6/6/2016 4:05:47 PM EDT
[#35]
Quote HistoryGood. Wish I was on the damned jury.
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Posted: 6/6/2016 4:07:17 PM EDT
[#36]
Quote HistoryQuoted:
When it comes to fuckin with my kin, there are no rights as far as I am concerned. You fuck with them I fuck with you. Many years ago some kin of mine that lives in northern California had an issue with child abuse of their kids at a day care, law would not help them. I told my mom to tell them I would come make it right, she told them and they didn't call for me to come. I am glad they didn't cause I would have ended up in jail. This was kin I have only seen four or five times in my life. You take care of kin, whether it be a loan, lodging or laying out an ass whippin you take care of kin. Quote HistoryQuoted:
Quoted:
Quoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? The accused has a right to a fair trial. The other accused who later beats the shit out of them because the justice system doesn't give a shit and won't take action also has a right to a trial, where the jurors have a right to vote to acquit. Both of those things are working as intended. When it comes to fuckin with my kin, there are no rights as far as I am concerned. You fuck with them I fuck with you. Many years ago some kin of mine that lives in northern California had an issue with child abuse of their kids at a day care, law would not help them. I told my mom to tell them I would come make it right, she told them and they didn't call for me to come. I am glad they didn't cause I would have ended up in jail. This was kin I have only seen four or five times in my life. You take care of kin, whether it be a loan, lodging or laying out an ass whippin you take care of kin. I'm guessing your NorCal kin were smart enough to know that you "making it right" would only make the total situation worse and that they would then be dealing with your criminal trial in addition to the alleged child abuse. |
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Posted: 6/6/2016 4:22:27 PM EDT
[#37]
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Posted: 6/6/2016 4:34:55 PM EDT
[#38]
If someone did that to my boy they would never even find the fucking body
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Posted: 6/6/2016 4:42:57 PM EDT
[#39]
Quote HistoryQuoted:
so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? Quote HistoryQuoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? Blood and my son trump the criminal justice system in my world. |
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Posted: 6/6/2016 4:46:01 PM EDT
[#40]
You've got to be kidding me.
But, bang up job establishing that damn anti-discrimination panel that hands out fines for bakeries that don't want to do work for some clients. Good job, Oregon! |
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Posted: 6/6/2016 4:54:49 PM EDT
[#41]
Did a child abuser write this law? What the fuck.
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Posted: 6/6/2016 5:03:12 PM EDT
[#42]
Obviously only charged because of public pressure. Prosecutor will probably intentionally throw the case just to spite the parents.
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Posted: 6/6/2016 5:09:26 PM EDT
[#43]
That poor child.
My heart goes out to him. What the fuck is wrong with people?
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Posted: 6/6/2016 5:13:32 PM EDT
[#44]
Quote HistoryQuoted:
so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? Quote HistoryQuoted:
Quoted:
Quoted:
If someone did that to my boy, that sumbitch would suffer 1000 fold. Amen. The father works with my wife. I would fuking beat the living shit out of this puke. so your right to a fair trial goes out the window if you commit a crime what other rights do you sacrfice before you are found guilty? 
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Posted: 6/6/2016 8:35:20 PM EDT
[#45]
Quote HistoryQuoted:
That poor child. My heart goes out to him. What the fuck is wrong with people?This guy? Probably drugs or alcohol. He was asleep on the couch when the parents found him. |
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Posted: 6/6/2016 8:40:52 PM EDT
[#46]
Did I miss the part where the Dad is on trial for first degree murder?
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