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Monday
May242010

Dunbar Village Rapists MAY Go Free... When They are Very Old- Recent Supreme Court Decision

Continuing its wrongheaded view that the national "consensus"  is that murderers are worse than rapists, the Supreme Court of the United States recently ruled that juveniles who are convicted of anything other than murder cannot be sentenced to life without the possibility of parole.


Florida, home of the Dunbar Village rapists has such a statute. Some of you have asked if this means the Dunbar Village rapists will go free. I have not read the opinion yet, too swamped, but based on my review of the articles with quotes from the majority opinion, nothing has changed other than the State of Florida being required to allow these predators to prove that they have been reformed by offering them the opportunity for parole. This does not mean the parole will be granted nor does it indicate how long the state can make these rapists wait before they are eligible for to apply for parole. So theoretically the State of Florida could sentence them to 50 years before they are eligible for parole.
"A state is not required to guarantee eventual freedom to a juvenile offender convicted of a nonhomicide crime," Kennedy added. "What the state must do, however, is give defendants ... some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation."

This follows the court's recent decision that we can't execute folks like the NAACP-supported rapist, Patrick Kennedy, a 41 year-old man who raped his 8 year old step daughter in an attack so vicious that he ripped her internal organs to shreds.The Supreme Court erroneously has concluded that there is no national consensus to execute child rapists when their victims manage to survive.  I disagree with how they are arriving at the national consensus on people's views about child rapists.

To those who say that murderers are worse than rapists, I would disagree.  I think the general consensus is that sex predators alter the trajectory of their victim's lives in devastating ways.Leading to the living dead in many cases. So do murders. However in my experience many (NOT ALL)people who are charged with murders, manslaughter in particular, suffer from a moment or a series of moments of poor impulse control. Some murderers can be rehabilitated. Rapists and pedophiles CANNOT be rehabilitated. Likewise rapists and pedophiles target the weakest among us. Not all murders do this. So I would argue that the average murderer is less of a danger to the general public than rapists and pedophiles. But the Supreme Court disagrees and have been chipping away at  the punishments for rapists and pedophiles  for almost three decades.

What this means for the  Dunbar Village rapists is that they have to be offered a "chance" of parole. That doesn't mean that parole has to be granted.
"Those who commit truly horrifying crimes as juveniles may turn out to be irredeemable, and thus deserving of incarceration for the duration of their lives," he wrote. But the Eighth Amendment "does forbid states from making the judgment at the outset that these offenders never will be fit to reenter society."Justice Anthony Kennedy

What this means is that we have to wait to throw away the key to the jail cell. The next battle will be how long a state can wait before considering parole. For example, can Florida lock them away for 25 years before they have the option of parole or 40 or 50 years before they come before the parole board. I haven't read the opinion yet so I don't know that the Court addressed this issue.

What this may mean is that we might need to create a system to notify advocates when these predators come up for parole so that concerned citizens can rally to make sure that parole is DENIED.

Now what I really what to know is when is the West Palm Beach police department going to arrest the other two people named as participants in the Dunbar Village case? Where is Augustus Fontaine? and Melvin Young? Why aren' they on trial for this crime against nature and humanity.

Previous Posts

Second Dunbar Village Trial Underway: Why are Melvin Young, Augustus Fontaine still Running Loose?

Walker verdict: Guilty, 11, 3 NGs

Dunbar Village juries separately due to begin deliberations this morning

Why isn’t Dunbar Village assault a hate crime, other questions, updated

Dunbar Village victim’s grueling testimony: suffering voiced in detail

Reader Comments (13)

I agree. Some people just don't understand that murder is not the only or the worst evil human beings can commit. No one rapes in self-defense. No one rapes children to feed their families. Rape is a vicious act of violence for "thrills" and offenders should be shown no mercy- not even juveniles.

May 24, 2010 | Unregistered CommenterBB

It's not a problem to the judical system b/c when sexual predators are released; they're released into the minority community. The community needs to raise up and have protest when these problem folk are released into their community.

It's gonna take the parolees to roam into the suburban neighborhoods and start terrorizing precious little Cindys.

May 24, 2010 | Unregistered CommenterLD

Another interesting procedural fact is the following. The Supremes were scheduled to hear two cases in tandem one from petitioner Graham and the other from petitioner Sullivan. At the last minute the Sullivan case was denied cert. due to some procedural flaw that I think was intentionally. If one reads the facts of the Graham case and the facts of the Sullivan case, which are closely aligned with the Dunbar Village case, you can understand why the Sullivan facts did not make for a good test case. Lucky for Mr. Sullivan that the Supremes, to the consternation of Chief Justice Roberts, gave a broad holding declaring life without parole unconstitutional for juveniles who can committed non-homicide crimes.

Look for the FL legislature to respond in a matter that will protect its growing and highly lucrative senior population from juvenile thugs, which is a problem in FL.

May 24, 2010 | Unregistered CommenterBlackAchievement

yep, I too get very angry when I hear on the news about a child that is raped, sexually abused by an adult, etc. But we would all be very wise to listen to the opinions of child advocates, rape and sexual assault organizations, etc., as they try to caution us on this one.

I don't know the numbers/stats, but I was reading that since many if not most cases of child rape/sexual assault, the perp is a family member or close family friend, this might make things extremely more difficult for such children and their families. Would not such a rapist be more inclined to also kill the child to not have a testifying witness? If Uncle Tyrone, Cousin Delonte or your best friend's brother, cousin, etc., raped or assaulted a child and the death penalty is on the table, would the entire family still support the child? Would the child be more afraid of testifying knowing the family member or close family friend may get death? Do you want to put a child through numerous trials, appeals, etc., that could stretch over a period of five to 10 years, etc.?

I have never supported the death penalty, but I admit, the past few years I have been greatly tested on this, especially after the Dunbar Village case, the case in New Jersey where two teen girls and a teen boy were charged with attempted carjacking and murder of a wonderful young couple, etc. So yes, I'm still praying on this one, y'all . . . . . :(

May 25, 2010 | Unregistered Commenterrevmamaafrika.com

I rarely comment but am a long time reader.

Yes, I support the death penalty for these monsters as they ruin a child's life FOREVER. Frankly, "old school" AA men would take care of these monsters (they would just disappear) never to harm another child.

Also what does it say about a family or community that would rather protect Uncle Tyrone, Cousin Delonte or a best friend's brother. Frankly these monsters should be thrown under the jail. They abdicated their right by their actions to be viewed as "family". "Family" did not stop them from attacking a child...GOOD RIDDANCE to BAD RUBBISH.

If the community is not prepared to eliminate these monsters (NAACP certainly isn't), then the criminal justice system must ensure the safety of society's children.

May 25, 2010 | Unregistered CommenterAV

LD wrote:


It’s not a problem to the judical system b/c when sexual predators are released; they’re released into the minority community. The community needs to raise up and have protest when these problem folk are released into their community.

It’s gonna take the parolees to roam into the suburban neighborhoods and start terrorizing precious little Cindys.

It depends on the suburbs. Recall how much of mostly White Hollywood SUPPORTS convicted child rapist Roman Polanski:

http://bighollywood.breitbart.com/gopelka/2010/05/18/roman-polanski-the-talent-pass-and-the-morality-paradox/

So, this is not just a Black problem, but an American problem.

May 25, 2010 | Unregistered CommenterFred

I have always been an advocate of the death penalty.

I would have no problem saying that I believe that child molesters and murderers should be given the death penalty.

While some people would like to see us pull back on this, I'd like to see us kick it up a notch!!!

May 25, 2010 | Unregistered CommenterReggie

AV wrote:


I rarely comment but am a long time reader.

Yes, I support the death penalty for these monsters as they ruin a child’s life FOREVER. Frankly, “old school” AA men would take care of these monsters (they would just disappear) never to harm another child.

There are still old school AA men around. Check out Jamie Foxx's views on Roman Polanski's crime:

http://www.msnbc.msn.com/id/33282569/ns/entertainment-gossip/

That's hardcore.

May 25, 2010 | Unregistered CommenterFred

Hardcore coming from a man who made the character Wanda? The man who recorded It's all about the Allllll cohol.

Swing and a miss Fred (as usual).

May 26, 2010 | Unregistered CommenterBLKSeaGoat

Fred,

Roman's victim was a french immigrant over here to become a MODEL. I maybe wrong, but in the 1970s french immigrants weren't allowed equal oppty as caucasian americans.

May 26, 2010 | Unregistered CommenterLD

@BlkSeaGoat

At least Foxx has the guts to condemn Polanski publicly instead of hiding behind a screen name.

Hollywood's staunch support for Polanski confirms that it is one of the most pro-Child Rapist cities on the planet:

http://bighollywood.breitbart.com/jdboreing/2009/10/20/roman-polanski-child-rape-and-the-shifting-sands-of-cultural-morality/

Hence, actors are expected to celebrate Oscar winning filmmakers no matter how many little girls they rape. See Whoopi Goldberg's groveling apology below:

http://bighollywood.breitbart.com/bighollywood/2009/10/02/when-youve-lost-snl-whoopi-gets-slammed/

So, ANY actor who rightly condemns Polanski for his despicable crime has guts because his honesty could mean the end of his career.

Hence, I'm baffled why you are condemning Foxx for not playing into the "All Black men support child rape" stereotype.

May 29, 2010 | Unregistered CommenterFred

@LD

Nevertheless, Polanski was found guilty for raping a child and should have been imprisoned. Instead, he got bail and used that opportunity to flee America.

So, he is guilty as sin and should be dragged back to America to serve his sentence.

May 29, 2010 | Unregistered CommenterFred

thank you for keeping the torch lit on the Dunbar case. i think this is quite possibly one of the most brutal acts against a woman i have come across. what transpired in that woman's home should have had all the suspects on death row. to pretend that what occurred was anything other than the absolute lowest behavior man is capable of is blasphemy. shame on that entire place for not calling the police as it occurred. the screams of that woman and her child must have been heard through out the night.

February 1, 2011 | Unregistered CommenterCeleste

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