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Thursday
Jun042009

Prosecutor Refuses to go through with prosecution of Violent Sexual Assault of 15 Year Old Girl Despite Photos and Confessions

So I got the following irate email from a WAOD reader:
Infuriating-Teen girl is raped, no charges filed b/c she's "uncooperative"even though there is proof! http://cbs4.com/local/rape.teenager.underage.2.1030292.html

Here is another report confronting suspects. One of them claims "She looked 19" but says he stopped the oral sex when he saw her crying. )($&#(*#@^)(^$@(*^$@)(^)(+@$#&)($+&%!!!!!!!

<sarcasm>Dear reader, why on EARTH would a 15 year old girl be "uncooperative" with prosecutors?[sic].. because its a 15 year-old's responsibility to ENFORCE the law after all. </sarcasm>

Reader Comments (37)

I have to side with the prosecutor on this one. These cases are almost impossible to win even WITH the vic's cooperation. Without her help and willingness to testify they have no chance at all. (Juries are crazy, and it only takes one thinking, "If she doesn't care, why should we?" to snag an acquittal.)

DA's are elected officials who have to run on their 'batting average.' Few of them are willing to risk that on an unwinnable case.

June 4, 2009 | Unregistered CommenterRoslyn Holcomb

Where are her parents or guardians?

June 4, 2009 | Unregistered CommenterNaima

I would be so terrified to step forward and testify.

June 4, 2009 | Unregistered CommenterLaJane Galt

Even without the victim's cooperation, at the VERY LEAST these rapists should be charged with child pornography.

Now, I've heard and/or read countless stories of individuals being charged with child porno for having sexually explicit pictures of underage children -- and a 15 year old is underage is she not -- on their computers, video cameras, or cameras. So, isn't child pornography charges AT LEAST warranted in this situation as well?

(Of course I would prefer for these animals to be charged with the crimes they committed. But, I'm all for any charge(s) that can be used to get these animals off the street.)

June 4, 2009 | Unregistered CommenterJiggy_Fly

If the survivor is being 'uncooperative' it would be because her self-worth has been whittled down to zero. Who's to say she's getting the support she needs? Aren't most rape survivors reluctant to go forward? The testimony you have to give is like reliving the trauma all over again - has she been given any counseling? Prosecutors seem to care more about their win records than in justice.

June 4, 2009 | Unregistered CommenterFaith

"One of them claims “She looked 19″ but says he stopped the oral sex when he saw her crying."

Isn't that a confession?

June 4, 2009 | Unregistered CommenterMonie

What is going on with this whole "group dynamic" of these sex acts? Will someone fill me in on this? Aren't there more women than men, so whats with all the 1 girl bunch of guys group sex acts. Is it b/c they are like that guy in the Essence article who watches porn for instruction? Why are these men sharing so much more than 40's.
And what going on in the state of Florida. They make national news everyday with their tomfoolery.

June 4, 2009 | Unregistered CommenterNaima

The pictures mean nothing?

(I'm not a lawyer so I don't know)

June 4, 2009 | Unregistered Commentermiriam

Confessions and photos can be thrown on all manner of technicalities. On a forcible rape case you need a witness to say that the act was nonconsensual. The photos won't show one way or another, and none of the men are claiming that they forced her. So, at best you've got statutory rape. And, depending on how the statutes are written in that state, statutory rape is a bear to go to court with even WITH a cooperative victim. As I've said before, juries are crazy and notoriously unsympathetic towards young black women. I don't know Florida well enough to know the racial composition of that county, but I'd rather run through hell in gasoline drawers than try a statutory rape case with black male with a jury primarily made up of black folk.

June 4, 2009 | Unregistered CommenterRoslyn Holcomb

This happened in my county and I sent in the story.To the person who asked, I highly doubt that the jury would be all black.

I also don't understand why they aren't being charged when they clearly admitted it and cleary have proof. They don't even need her to say it was consensual, she was underage!

They had white girls in the FL keys who admitted to willingly making a porn with a 19 year old and they were planning on charging him and some of the other males involved on pornography and statuatory rape.

If this man admitted she was crying, that is PROOF that she wasn't willing. If he admitted that he stopped, that is PROOF that at one point he was forcing her.

June 4, 2009 | Unregistered CommenterPhi Sister

Nope, tears are not an admission of guilt. Some women cry when they have an orgasm. And as I said before, statutory rape cases are notoriously difficult to prosecute. In this particular case, without the girl, her family or the community to push the prosecutor, they won't go forward, and who can blame them? A prosecutor is a politician, if neither the girl, her family or the community care, why should they? Further, they risk having the NAACP or some other group accuse them of racism. Definitely a losing proposition all around.

June 4, 2009 | Unregistered CommenterRoslyn Holcomb

Your best bet if you really want to see this case pursued is to organize a protest there in your county. Get some media attention directed toward it. Prosecutors bow to political pressure all the time.

June 4, 2009 | Unregistered CommenterRoslyn Holcomb

@Phi Roslyn beat me to it. If you want a prosecution, demand it. Raise bloddy embarassing hell. The crime wasn't just against the girl, it was against the cmmunity and the community has an interest in locking these 6. Away.

June 4, 2009 | Unregistered Commentergem2001

NOTE FROM THE BLOG ADMINISTRATOR: There is a time and a place for everything, this post was not the time or the place for your "humor" You need to return to lurking immediately

June 4, 2009 | Unregistered CommenterUh, Me, I Guess

Sister Gina, you should pray for me right now, 'cause I'm about to go $%^ off! What's wrong with the DAs office AND some folks on this list? A rape victim/survivor, especially a young person under 18 is traumatized, so this is where the DAs office is suppose to work with the Sexual Assault/Rape Crisis Advocate assigned to the girl and her family. DO THEY HAVE A GOOD HISTORY OF WORKING TOGETHER? If she immediately went to the ER AND immediately got the Rape Kit evidence, etc., processed this AND gave the results to the police and/or DAs office, as bad as this is, this should be a fairly non-difficult case to pursue. If she's "uncooperative" perhaps she and her family fear retaliation? Have the police offered protection to the family? Where are the community organizers that do work on violence against women and girls? Where's the local RAPE CRISIS/SEXUAL ASSAULT CENTERS, CHURCHES, WOMEN'S DEPT OF CHURCHES, FEMINIST ORGANIZATIONS, CHILD ADVOCACY ORGANIZATIONS, LEGAL AID ORGANIZATIONS, CRIME VICTIMS COMPENSATION ORGANIZATIONS, etc? The case smells like conspiracy, witness/evidence tampering, obstruction of justice (on the part of the rapists &/or their families), etc. "She's uncooperative" is b.s. for someone does not want to take the time to do all that is necessary to really try 'n' fry these criminal rapists. Oh sure, I guess it's because it's a young sister and the criminal rapists are "brothers." OH MY HOW FAR WE SLAVES HAVE COME! :(

June 4, 2009 | Unregistered CommenterRevMamaAfrika

Where are the parents/guardians? What do they have to say about this matter?

June 4, 2009 | Unregistered CommenterLD

It just seems like someone should be pushing for some type of trial!!! Recorded statements, something!!!

June 4, 2009 | Unregistered CommenterLD

I may have some waiting in a comment queue. I'm not sure. I was a little slow on this registration thing! :)

Phi, Gina's site is great but if you live in Broward County you're more powerful than Gina or anyone else in California, Georgia or DC because you're a voter there.

Most people can't be concerned with local politics. But everyday and election cycle Black people give away power because they think everything under President is irrelevant.

Real change in a community begins with local politics. The mayor and city commissioners will select the police chief. And that person will set the standard for how violence against women is handled. Is it a joke or is it an epidemic to be taken seriously.

A prosecutor will either ensure those who harm Black women and children are punished or they will simply send them back into the neighborhoods with a slap on their wrists.

Look to this site and the Internet for resources and ideas but people have to take them off the screen and put them into action in their own communities.

Im my opinion local politics allow for some real shady dealings and corruption because hardly anyone is paying attention, especially now that newspapers are in trouble. They must minimize or completely do away with their state capitol beat reporters who cover local politics. Cable news won't do it and local TV is horrible at it too.

June 4, 2009 | Unregistered Commentersymphony

Yeah local is the first defense/offense. Also when/how can we get rid of that mentality amongst BW where so many of us have- the oh she is lying or she got what she deserved. Black women always do that for every public rape case that comes up, they just follow what the men say and like the men only get mad if the perps are white males

June 4, 2009 | Unregistered CommenterNaima

Yeah local is the first defense/offense. Also when/how can we get rid of that mentality amongst BW where so many of us have- the oh she is lying or she got what she deserved. Black women always do that for every public rape case that comes up, they just follow what the men say and like the men only get mad if the perps are white males.
I mean how effective are can the fights be if that mentality is so dominant in our community

June 4, 2009 | Unregistered CommenterNaima

This is exactly why I call for the Black female's Isreal. We will NEVER get a fair shake in this anti-Black female society. RevMamaAfrika, I 100% completely aree with you!

Black female Israel NOW!!!!!!!!

June 4, 2009 | Unregistered CommenterFed up observer.

Please go sit down somewhere and speak with a mental health professional.

You call for a Black female Isreal about once a week in the comments sectoin, but you haven't made a single telephone call to the Broward County District Attorney's office to ask a simple question "Why?"

If you can't make a telephone call, you can't establish a sovereign state of anything.

Your outrage ain't doing a thing for these girls which is why I started filtering these stories. The comments section makes you FEEL as if you've done something. You haven't

You need to return to lurking voluntarily before you get sent to lurkdom involuntarily.

June 4, 2009 | Unregistered Commentergem2001

@ Fed Up Observer, I don't know what you meant by your comment, but respectfully, let me suggest this:

GET INVOLVED! Call your local domestic violence shelter/agency and/or 24 hour hot line, rape crisis center and/or 24 hour hot line, get the training they offer and VOLUNTEER. Volunteer at a soup kitchen or homeless shelter, you'd be surprised how many women and children are there due to domestic violence.

Do you speak French, Spanish, Arabic, Vietnamese or Chinese? These languages are especially needed on 24 hour hot lines. Do you know American Sign Language? Women and children in the Deaf/Hard of Hearing community also need such services and info translated.

Donate MONEY, women's and children's clothes, school and office supplies, toys, hair care/beauty products, old high school and college textbooks, magazines (not Essence!) etc., to a domestic violence or homeless shelter. Ask your place of worship to do the same. Ask your friends, family, co-workers, classmates, sorors, etc. to do the same. Volunteer to do child care for a domestic violence shelter or substance abuse recovery program for women so that such women can focus on their healing while their children are well cared for. Volunteer to mentor children of such women. Your options are endless! You ain't got to go anywhere else to do this; this is where you can make a difference.

June 4, 2009 | Unregistered CommenterRevMamaAfrika

... what RevMaAfrika said

June 4, 2009 | Unregistered Commentergem2001

oops, I apologize Sis. Gina, may I also add: to the "brothers", the "real men" out there stopping men's violence against women is YOUR RESPONSIBILITY, just like stopping racism/white supremacy is WHITE PEOPLE'S RESPONSIBILITY. So with that, you brothers need to have the courage to show sisters some real love by volunteering at some of the organizations I mentioned or better still, volunteer with men's organizations. In Atlanta, it's Men Stopping Violence, in Washington, DC, it's Men Can Stop Rape, etc. If such an organization does not exist where you live, THEN START ONE! Say what? What if it was your daughter? :(

June 4, 2009 | Unregistered CommenterRevMamaAfrika

@ Phi. The advice your getting is absolutely correct. You really have to demand it and hold your elected's and local law enforcement accountable. These crimes are crimes against everyone and no victim is less valuable than any other.

You'd be surprised at what you can accomplish when you hold people's feet to the fire. About a month ago, we had an incident in my neighborhood where a teenage girl was mistakenly arrested while innocently walking her dog and her mother, who went to retrieve her from the precinct, mysteriously left with a head injury after picking her falsely arrested child up from police custody! Now this story never made the local news, but in just a few days through good ol' fashioned word of mouth, many people in the neighborhood expressing their outrage to the electeds eventually forcing the police had publicly admit fault and launch an investigation, which will most likely result in the discipline of these officers.

It's sad that you have to make such a big stink to make people accountable, but there are many people who are more than happy to sweep crimes against little black girls and their mothers under the rug.

June 4, 2009 | Unregistered Commenteriman

I have to tell you all that although politicians respond to pressure, Broward County is a hot seat of corruption and injustice. Don't let this stop you, of course. We need greater numbers of people doing something about it. Most are just living scared. Florida is no joke in the first place, but Broward Co.....

June 5, 2009 | Unregistered CommenterRj

If anyone is interested in contacting the State Attorney's Office, be prepared to be transferred 3 times to a recording for a FOI request. The Broward State Att's office is 954-831-6955

I was very clear with each person that I spoke with. I specifically asked, "Who do I need to speak with regarding the State Attorney's REFUSAL to charge James Hunte and Ryan Johnson?". As I stated before, I was transferred 3 times to a recording to submit a request for information regarding the case.

You can either mail in your request to:

State Attorney's Office
201 SE 6th Street
Ft. Lauderdale, FL 33301-3360

OR BY fax TO: (954) 831-6448

The State Attorney for Broward County is Michael Satz. When I inquired about the agency that has oversight of his office, I was instructed to contact Governor Charlie Crist. I filed a formal complaint against Michael Satz and his office today. You may also write to Gov. Crist at :

Phone: 850-488-7146
Fax: 850-487-0801

Mailing Address:
Office of the Governor
The Capitol
Tallahassee, FL 32399-0001

Be sure to attach this blog, the news stories referenced and the names of the suspects.

June 5, 2009 | Unregistered CommenterBLKSeaGoat

UPDATE:

Just received a phone call from an aide to the Governor who refused to identify herself.

She stated that because the State Attorney is an independent elected official, that the Governor's office NOR the Attorney General's Office has oversight. The Governor can only recommend that cases in which the State Attorney's office may be in a conflict of interest to be recommended to the State Ethics Commission for investigation. (If anyone is interested, I have the Chair and Vice Chairs contact info.)

Gina, is it appropriate to now contact the Department of Justice's Office?

I'll wait until I calm down, but I am quite pissed right now. It's no wonder Florida is going to hell in a hand basket.

June 5, 2009 | Unregistered CommenterBLKSeaGoat

Gina, I do not come to this blog to offend you, nor to fight with fellow Black females. If I have done something to offend you, please tell me what it is, because I am totally confused by your response to me.

RevMamaAfricka, great advice all. Thank you.

June 5, 2009 | Unregistered CommenterFed up observer.

@ Fed up observer, thanks. If you think it is such good advice, then please pick AT LEAST ONE THING and become a regular volunteer. That's how you can tell something is great advice.

@ Blkseagoat, now that's what I'm talking about! ACTION! So, now more of us should make calls and for those of us that have RELIABLE contacts/friends/relatives in Florida, we should ask them to do the same. IT'S CALLED ORGANIZED, POLITICAL PRESSURE. :)

June 6, 2009 | Unregistered CommenterRevMamaAfrika

Fed Up Observer,

I won't speak for Gina, but from where I stand and what I see, your hatred of black men (which I believe trumps your concern for black women) hasn't compelled you to do anything but OBSERVE and make comments.

I won't pretend that I am some firebrand because I clearly don't have the time to commit myself to every act of injustice I think needs attention. I get in where I fit in. Your call for a Black female Israel will do exactly what? Displace a group of people at an area that's already been inhabited by other folks for thousands of years?

Your ranting is justified, but if that all you know how to do is be Fed Up while observing, then you are just as guilty as the passive black men who have betrayed black women by failing in their obligation to protect (not being chauvanistic, simply making a point.)

Rev.Mama Afrika,

Not sure how much I got done. I was so incensed at the apathy I encountered yesterday, that I became completely discouraged. There was a case in Philadelphia where vigilantes beat down a suspect in a rape case involving an 11 year old. To be honest, my inclination is to start an unofficial organization that does that. Since we cannot rely on courts, police, or prisons to do their respective jobs, what other alternative do I have?

June 6, 2009 | Unregistered CommenterBLKSeaGoat

... what blkseagoat said

June 6, 2009 | Unregistered Commentergem2001

Good Lord...what the hell has to happen before prosecutors like this MoFo get off his ass and do his damned job?

I will check other blogs to see if there's any coverage on this issue. Sounds to me like there's a confession (stopped forcing her to perform oral sex when he saw she was crying - what the hell? Does dude think that gives him some damned leniency on this shyt?)

If I don't see any other coverage, I'll do a post and link to this one. It's one way of getting attention on shyt like this.

P. S. Forward this to Color of Change - I think they would light a few fires under the Broward County DA's ass to do something....UGH

June 6, 2009 | Unregistered CommenterCPL

@blkseagoat You can't discouraged after one round of phone calls. The round of phone calls was useful because it removes the excuse "we didn't know." Keep digging. The key is to find "pressure points" and push down hard.

June 6, 2009 | Unregistered Commentergem2001

And this is why these viscious pigs walk every single day. Of course the girl is being uncooperative, she's probably scared to death and as an adult woman, I can see why and I would be too.

They have evidence against these pigs and they need to try them. I am so sick of rape apology, blame of the victim and every thing else this BS patriarichal society dreams up to make women responsible for men's bad behavior.

Where is the outrage for women? On any given day, you can find a woman raped, murdered, beaten, kidnapped, you name it. When are we going to stop making excuses for abusive men and put the blame where the blame is due - squarely on abusive men's heads!

June 8, 2009 | Unregistered CommenterSonya

this is why if you have a young girl, you move to a place where there are safe schools. preferably one with fewer blacks, as they (black boys) have little to know respect for young girls. that is why it is common for older blacks in school to be statutory raping so many younger girls

June 28, 2009 | Unregistered Commentermekus milkdud

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