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Judges, Privilege & DNA

Trigger Warning:  assault, rape, abuse.

The Judge

Let’s talk about Judges for a moment…. I’m specifically focusing on R.Rucker Smith,  the judge who sentenced Ky, the RAPE VICTIM, to 15 years in prison, for defending himself. Judge R. Rucker Smith sits on the bench and makes judgments that change people’s lives. Even a minor criminal history can cause irreparable damage to someone…unless you are R. Rucker Smith..the law does not apply to him.

The man who judges without being judged.

According to Our Georgia History

Chief judge of the Southwestern Judicial Circuit Rucker Smith was charged with assault following an incident with a former girlfriend in July, 2005. Because the assault occurred in Sumter County, which is in Smith’s circuit, Colquitt County State Court Judge Richard Kent was appointed to preside over Smith’s trial and Cobb County State Solicitor Barry Morgan was appointed as special prosecutor for the trial.

Rachael Oliver, the judge’s 29-year old girlfriend, testified that Smith had choked, dragged, and pushed her to the ground and that she then called the Sumter County police. Smith testified that after finding out about another relationship Oliver was having he confronted her and in the ensuing argument she tried to block him from leaving, at which point he pushed his way out of the house. When Oliver said she would call the cops, Smith agreed to wait for them.

A pending action by the Georgia Judicial Qualification Commission to remove Smith from the bench because of other issues was postponed until the end of the trial.

On March 29th, 2006, a  formal request is made to the Georgia Supreme Court to remove Southwest Georgia Chief Judge Rucker Smith following his arrest on assault charges.

On  April 27th, 2006, Georgia’s Judicial Qualification Commission postpones a hearing to remove Rucker Smith from office pending the outcome of his assault trial. The hearing was to review Smith for previous injunctions, however, those records are sealed.

In May of 2011, Smith was arrested for DUI after being stopped for speeding in Leslie.  Judge Smith refused to take a field sobriety test, so he was taken to jail and booked on speeding, open container, and driving under the influence, and refusal.

He was stopped for speeding. That’s also when they spotted and open container of alcohol the in vehicle. He refused a sobriety test was arrested and charged with DUI refusal first offender.

When you’re taken to jail in Sumter County you’re asked again to submit to a breathalyzer, blood, or urine testing. In the case of alcohol,  the jail officer when will read implied consent and you’ll be asked to submit to the state administered chemical test of your breath. If you refuse the test, you’re booked into jail. The Sumter County Jail confirms that Smith was booked in but never tested at the jail.

Judge Smith pleaded guilty but was only given a private reprimand, after all, it was just a DUI…. (and yeah, there was that assault thing too).  A white man who’s crimes are tossed out for the benefit of “his future”…… Hmm, that sounds familiar….

Privilege & DNA

There has been a ridiculous number of rapists getting off with pathetic sentences lately and many were given “Plea Deals”. Ky’s “Plea Deal” was for 15 years... it was a deal because he got raped.  Let’s have a quick review:

Owen Labrie 20, After less than eight hours of deliberation, a jury found Labrie guilty of three misdemeanor statutory rape counts, a misdemeanor of endangering a child, and a felony charge of using a computer to “seduce, solicit, lure, or entice, a child.” Prosecutors asked for a 3½- to seven-year prison sentence.  Judge Larry Smukler gave him a 1-year sentence with probation.  He spent 60 days in jail. JW Carney, Labrie’s lawyer, said, he had been accepted to Harvard before his admission was rescinded, & has already received a heavy punishment. “The punishment that Owen Labrie has suffered to date is enormous.”

*Labrie’s Victim now works with PAVE, on the #IHAVETHERIGHTTO Project which helps bring voice and visibility to campus assault survivors.

“Unfortunately, it seems like the school’s reputation became more important…There was just no recognition that I had gone through something like this,” she said. “And that is one of the reasons why we’re pushing for change.”



David Becker, 18 – Was charged with sexually assaulting two of his classmates when they fell asleep after a house party. Becker told investigators that when one of the victims “didn’t protest,” he assumed it was “OK” to continue.

Palmer District Court Judge Thomas Estes decided on August 15 to let Becker’s case continue without finding, essentially granting him two years probation instead of a prison sentence. If Becker stays sober and does not contact the women for the next two years, he will never see a day in jail, and never have to register as a sex offender.

“We all made mistakes when we were 17, 18, 19 years old, and we shouldn’t be branded for life with a felony offense and branded a sex offender. Putting this kid in jail for two years would have destroyed this kid’s life.,” his attorney said.

*There is little or no mention of his victims in the research we did on this case.  They were completely ignored. All of the articles and information highlight Becker, his accomplishments, and how valuable his future is.



Nicholas Fifield, His victim suffers from seven mental disorders, including autism and dissociative identity disorder. Fifield faced a maximum of 10 years in prison for felony sex abuse. But he entered an Alford plea to a lesser crime on the day the trial was set to begin. Judge Patrick Kelly accepted the deal. Polk County prosecutor John Sarcone told the press he would not pursue jail time for Fifield, claiming “prison would not do this kid any good.”

*Again,  little or no mention of his victim in the research on this case.  All of the information highlights  Fifield,  mentioning repeatedly that he was also suspended from a single tennis meet at school….and how valuable his future is.



John Enochs – slid by on a plea deal, getting just one year of probation after being accused of raping two women.Regardless of video evidence, statements of two victims, and witnesses,  the prosecution agreed to a plea bargain for misdemeanor battery. The maximum sentence for this crime is much lighter than rape — one year in prison and a $2,500 fine — but Enochs got off even easier, with one year’s probation.

His lawyer later blamed the entire case on “a whirlwind of emotion surrounding any allegation involving a sexual assault on campus.”

* This guy was playing golf within days of his release, while his victims are trying to put their lives back together.  One of these brave girls is filing a civil suit against Indiana University because they

“showed deliberate indifference to actual notice of this sexual assault and condoned Delta Tau Delta fostering an environment of illegal and dangerous activity, as well as sexual assault.”



 Austin James Wilkerson convicted of sexually assaulting a female student was sentenced to at least 20 years of probation and two years of a work-release program run through the county jail.  The judge rejected a prosecutor’s request to send the man to prison. Judge Patrick Butler, however, said he “struggled” with the idea of putting Wilkerson in jail.

*This Amazing survivor bravely published a statement online:

“His life is ruined.” Oh yeah and it’s not like my life isn’t ruined or anything. It’s always been about the rapist since the assault. As the victim of this sexual assault, my life has been ruined socially, psychologically, academically, and financially”….Read the rest of her statement



Austin Smith Clem, 25, found guilty of raping a teenage acquaintance and his then-neighbor, three times—twice when she was 14, and again when was she was 18.  After less than two hours of deliberation, the jury returned guilty verdicts against Clem on one count of first-degree rape and two counts of second-degree rape.

Judge James Woodroof sentenced Clem to 10 years in prison for each of the second-degree rape charges and 20 years for first-degree rape but structured the sentence in such a way that Clem will only be hit with community corrections and probation.

* This survivor is shocked and devastated…

“How do you react to that? To know that he gets to go home to his three little girls, and live there with them, watch them grow. He’s still not paying for any of it. When does he have to pay? Because he still hasn’t had to. That’s the thing. I have to pay for the rest of my life. I’ve been paying since I was 13 years old….I was thinking finally I stood up and I’m not afraid anymore. Finally happy for the first time, I can say, in my entire life. And now’s the day I’m not going to walk around scared anymore, because I’m going to know he’s behind bars,” she said.

She also has a message for Judge Woodroof.

“It’s been proven guilty, guilty… however many times guilty, and you’re going to put him back on the streets with all these people. I don’t know how that’s okay with you,” she said.



Brock Turner, convicted of sexually assaulting an unconscious woman behind a dumpster on campus. After two days of deliberations, a jury found Turner guilty of three felony counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person.

DA recommended that Turner should get a six-year sentence in state prison, arguing that he lacked remorse and that his victim was especially vulnerable in her unconscious state. Judge Aaron Persky sentenced Turner to six months in jail for the assault because he said a harsher penalty would have a “severe impact” on the former athlete. Turner also only served half of his sentence.

*This courageous survivor penned the Impact Statement that has been shared around the world. She closed her statement with a special message.

“…And finally, to girls everywhere, I am with you. On nights when you feel alone, I am with you. When people doubt you or dismiss you, I am with you. I fought every day for you. So never stop fighting, I believe you….”  Read the rest of her Statement



A 47-year-old heir of the Du Pont chemical fortune who lives off his trust fund got probation for the rape of his daughter after a judge found he wouldn’t “fare well” behind bars.

Robert H. Richards IV received an eight-year prison sentence for raping his 3-year-old toddler daughter. Richards was the great-grandson of a chemical industry mogul named Irenee du Pont, and heir to a large, longstanding family fortune. Though he was convicted and sentenced, Judge Jan Jurden said that the “defendant will not fare well” behind bars. His sentence was suspended and Richards was placed on probation instead. Other than that probation, registration as a sex offender, and a letter stating he had to seek treatment, Richards received no other punishment for his crime.

*HIS VICTIM WAS HIS 3-YEAR-OLD DAUGHTER …..



Thomas Boden was indicted on one count of aggravated sexual assault of a child and one count of indecency with a child sexual contact, after raping his girlfriend’s 2-year-old daughter.  The child had been clearly violated (it was later confirmed at the hospital) and her 4-year-old sister had witnessed the attack. Boden was charged with aggravated sexual assault but was offered a plea deal of 10 years probation and no further contact with the victim. He agreed and did not have to register as a sex offender. The prosecutors who offered him the deal said they did it to spare the young children from having to appear in court. Attorneys offered additional positive thoughts on the matter saying, “…at least she is too young to remember the incident.” 

*HIS VICTIM WAS A 2-YEAR-OLD BABY



Joseph Presley, 23,  a former YMCA employee and youth minister-in-training was sentenced to 30 days in jail for molesting an 8-year-old boy – Judge Calvin Holden initially gave  Presley a 10-year sentence, but then Holden suspended the sentence. The prosecuting attorney wanted a seven- to eight-year prison sentence.

*HIS VICTIM WAS AN 8-YEAR-OLD BOY



Jeremy Schwer, 41, pleaded guilty to felony child molesting when he was caught molesting his 4-year-old daughter who was suffering from cancer. The crimes occurred after the girl was diagnosed with cancer and her parents started alternating taking care of her at night. Deputy Prosecutor Courtney Curtis said she had argued for Schwer to serve nine years in prison followed by three years of probation. Superior Court Magistrate Steven Rubick sentenced him to 12 years of probation instead.

*HE DID THIS TO HIS 4-YEAR-OLD DAUGHTER WITH CANCER!!!!!!  WTF?

 



Kraigen Grooms, 16, – admitted to raping a 2-year-old girl while another man watched and recorded the abuse. He initially charged with second-degree sexual abuse, a class B felony that carries a potential 25-year prison term. He pleaded guilty to a lesser charge of engaging in a lascivious act with a child. Judge Randy Degeest handed him a 10-year suspended sentence. He was released from jail following his guilty plea, after spending two years in juvenile detention.

*ANOTHER BABY…



Trent Mays & Ma’lik Richmond – Their victim was publicly and repeatedly sexually assaulted among a group of peers, several of whom shared her assault on social media. Judge Thomas Lipps set a minimum sentence of one year for Richmond, and Mays was given a minimum sentence of two years. The judge later reduced both of their statuses to Level 1 sex offenders (the lowest level allowable).

* Little information or even sympathy for the victim in the research on this case.  All of the information highlights the “Football Stars” and their future plans to play in college.



Officer Sam McHenry – Alabama state trooper who was accused of raping a woman while he was on duty, pleaded guilty to a misdemeanor sexual misconduct charge. Felony charges of rape and sodomy against McHenry were dismissed as part of a plea agreement he filed. Judge J MacDonald Russell Jr. sentenced him to six months to only 6 months in jail. He will be permitted to serve his 182-day sentence “in increments at his own discretion.”  (He was allowed to show up, walk in and out of the jail and serve his time whenever he wanted.)

*Aside from her testimony, there is nothing about this survivor.  If I knew my attacker was a police officer and had access to all of my personal information, I would have disappeared too.



Nolan Bruder, 20 – pleaded guilty to raping his 16-year-old sister. The prosecution recommended a six-year prison sentence, but instead, he will spend only four months in jail. – Judge William H. Follett,” You’ve gone through enough already”.

*This victim, his biological sister, was pushed by her parents to write a letter requesting leniency in his sentence.

 ‘Eventually, it got to the point where I couldn’t say ‘no’ anymore’



Judge John C McKeon

In Montana, a 40-year-old father pleads guilty to raping his 12-year-old daughter. The man, who isn’t named to protect the victim’s identity, allegedly abused her more than once but was convicted on one count of felony incest after a plea agreement. Judge John McKeon gave him 60 days in jail. Though prosecutors had recommended 25 years, the judge called the sentence and its conditions “quite restrictive” and “quite rigorous.” The judge also gave him credit for 17 days he’d already spent in jail, meaning he’d serve only 43 days of the 60-day sentence.

* “He needs help,” victim’s mother says… What about YOUR CHILD?

Questions

Where are these victims? Are they ok?

Are they healing? Who is taking care of them?

DNA was enough to get convictions for these attackers, so why are they walking free?

If DNA is enough to get convictions (regardless of their pathetic sentences), why is it not enough to free Ky, as a rape victim?

How is 15 years in prison even remotely considered a “Deal” for a victim who was defending himself in a “Stand Your Ground” State?

Why has evidence become worthless in a court of law?

These are the men ruling our Nation, and leading our “Justice system”.  The good new is, they have become outnumbered by the communities that they have oppressed since the birth of this country: People of color, Impoverished, Immigrants, Indigenous, and LGBTQ+, anyone that is NOT a wealthy, cis, white, male.

WE OUT NUMBER THEM! There is no reason not to fight the establishment, the odds are finally in our favor. Men like Rucker Smith and judges who put a rapists needs ahead of the victim, have ZERO business judging anyone.  Vote them out at election time.

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