aspie facing 55 years for non-violent emails and phone calls
29 May 2014, 11:43 am
guy in illinois made a few phones calls to someone, not his ex, that made reference to his ex pooping her pants to someone in iowa. He never entered Iowa. The ex was named as a victim in several counts of stalking and extortion. He was arrested and forced to wear a stun belt, and that scared him out of a jury trial where the matters of his guilt or innocence was left to a judge-an employee of the county. Nothing justifies a stalking conviction, and the extortion counts themselves are a bit crazy. Anyways he is facing 55 years for non-threatening phone calls and emails, but possibly humiliating. The prosecution refused to allow him the option of treatment.
http://www.change.org/petitions/janet-lyness-county-attorney-johnson-county-daniel-s-jason-should-get-treatment-instead-of-incarceration-the-criminalization-of-asperger-syndrome-must-end
From what I gather, he is being essentially punishment for breaking a story about an elected official that could have ended the politicians career:
http://iowacity.patch.com/groups/maria-houser-conzemiuss-blog/p/bp--commentary-on-slockett-ruling-sets-a-dangerous-pr98648cb1d1
Probably not safe for an aspie to ever visit, email, or call anyone in iowa.
AardvarkGoodSwimmer
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29 May 2014, 11:58 am
Quote:
http://iowacity.patch.com/groups/maria- ... 98648cb1d1
" . . To me, the worst thing Mr. Slockett did during his campaign was to put a staff routing slip on his campaign nomination petition and pass it around the office. Each staff person had to check off whether they'd seen the petition. Slockett then harassed each and every staff who refused to sign the petition until one staff member soiled herself. After she cleaned herself up and came back to work, Mr. Slockett harassed her some more for not signing his petition, as documented in the Iowa City Press-Citizen and by eyewitnesses in the county auditor's office. . "
" . . To me, the worst thing Mr. Slockett did during his campaign was to put a staff routing slip on his campaign nomination petition and pass it around the office. Each staff person had to check off whether they'd seen the petition. Slockett then harassed each and every staff who refused to sign the petition until one staff member soiled herself. After she cleaned herself up and came back to work, Mr. Slockett harassed her some more for not signing his petition, as documented in the Iowa City Press-Citizen and by eyewitnesses in the county auditor's office. . "
This is background material. But this is NOT the person at risk of these long sentences.
I hope the person at risk of the long sentences has a good, aggressive, local attorney.
Last edited by AardvarkGoodSwimmer on 30 May 2014, 9:35 am, edited 1 time in total.
30 May 2014, 7:11 am
Aspies should stay off the Internet.
We should never say anything that could imply that we're anything other than super "Uncle Tom Negroes," grateful for a place under the table and whatever scraps we get thrown.
That's life on the spectrum, folks.
_________________
"Alas, our dried voices when we whisper together are quiet and meaningless, as wind in dry grass, or rats' feet over broken glass in our dry cellar." --TS Eliot, "The Hollow Men"
30 May 2014, 7:26 am
BuyerBeware wrote:
Aspies should stay off the Internet.
We should never say anything that could imply that we're anything other than super "Uncle Tom Negroes," grateful for a place under the table and whatever scraps we get thrown.
That's life on the spectrum, folks.
We should never say anything that could imply that we're anything other than super "Uncle Tom Negroes," grateful for a place under the table and whatever scraps we get thrown.
That's life on the spectrum, folks.
When I moved to the small city I live in there was a State Representative (Congressman) office within about 200 yards of my front door. I would regularly send him emails and visit his Facebook page and make unsavory comments about his decisions and votes. He would respond via USPS with typical form letter, yada yada yada BS. I would write back and tell him I don't want his form letter yada yada yada BS. I would go on nightly walks, around 2am, and I would always stop in front of his office and stare in the window. Nothing but a desk, a bookcase and a telephone. Not even a chair for a visitor. I don't know what ever happened in that little office but one night, during my walks, about 6 months after I had moved there, I noticed his office was being vacated. It took about a week before those few items were gone and the place emptied, but his sign still sits in the window. I guess the taxpayer still picks up the tab for his office, but no representation exists. I wonder sometimes, if the office being vacated has anything to do with my letters and comments, and if there is an awareness by politicians in any degree of specificity about me and my mental conditions. Maybe just my paranoia, but I let loose on politicians just as easily as I do in the political forums here in WP.
sonofghandi
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30 May 2014, 8:58 am
While I wholeheartedly agree that this man should receive help for his mental problems, this was the third time he was found guilty of a stalking offense since 2008 (among other charges, including assault, tampering with a witness, and violating court orders). This isn't a case where he just made a few phone calls:
Quote:
A Buffalo Grove, Ill., man has been accused of stalking.
According to an Iowa City police complaint, Daniel Jason, 28, 583 Cobblestone Lane, was charged Oct. 14 with stalking.
Jason allegedly started contacting the victim on June 8 and has continued by various forms of communication including email, Facebook, and leaving two voice messages on her employer?s voice message system for her, the complaint said. The victim has a protective order against Jason.
If the alleged stalking is found to be true, it would be his third since May 5, 2008.
Third or subsequent offense of stalking is a Class-C felony punishable up to 10 years in prison with a fine up to $10,000.
According to an Iowa City police complaint, Daniel Jason, 28, 583 Cobblestone Lane, was charged Oct. 14 with stalking.
Jason allegedly started contacting the victim on June 8 and has continued by various forms of communication including email, Facebook, and leaving two voice messages on her employer?s voice message system for her, the complaint said. The victim has a protective order against Jason.
If the alleged stalking is found to be true, it would be his third since May 5, 2008.
Third or subsequent offense of stalking is a Class-C felony punishable up to 10 years in prison with a fine up to $10,000.
http://www.dailyiowan.com/2012/10/29/Metro/30596.html
This is about continued pursuit of someone who did not want to be pursued, not some sort of persecution against someone for having Asperger's or breaking a news story.
Here is the legal summary from his appeal over the first stalking case over his harrassment of his ex (Courter):
http://www.leagle.com/decision/In%20IACO%2020091217303
here are a few parts of that:
Quote:
In February 2006, Courter had received various e-mails and text-messages from Jason saying that he was planning to commit suicide if she did not contact him. Courter then received a telephone message from Jason's father in Illinois, informing her that Jason was missing, that he had taken his father's car, and might be heading to Iowa to see her. Soon after she got this message, there was a knock on her dormitory door and Jason demanded that she let him in. Courter called her parents at home in Chariton; her mother, Nancy Courter, could hear the pounding on the door over the telephone. Meanwhile, Courier's father, Gary Courter, called campus security officers, who detained Jason and transported him for psychiatric evaluation. After he was released from custody, he went directly back to Courier's dorm room, but she had left campus for the night.
Quote:
On September 14, 2006, Courter was leaving a class and encountered Jason, who brought out two sandwiches and insisted that they eat dinner together. After first telling him "no," Courter finally gave in "under the condition that he leave me alone for good after we had dinner." However, after eating together on the riverbank Courter tried to leave, but Jason grabbed her arm and started dragging her away. Courter was able to place a cell phone call to her mother in Chariton, who in turn contacted the Iowa City police.
The police arrested Jason and charged him with assaulting Courter. On November 4, 2006, the court issued a protective order in conjunction with the criminal charge. Despite Courter's "high hopes" that Jason would obey the court order, he contacted her the very day he was released from jail.
The police arrested Jason and charged him with assaulting Courter. On November 4, 2006, the court issued a protective order in conjunction with the criminal charge. Despite Courter's "high hopes" that Jason would obey the court order, he contacted her the very day he was released from jail.
Quote:
During November and December 2006, Jason sent several letters (one included a check) and an unsolicited pizza to Courter, communications that she reported to the Iowa City police. The police applied for a warrant to arrest Jason for violating the no-contact order.
In mid-December, Jason began sending e-mails to Courter's father, Gary, at the Chariton High School where he had been a teacher for thirty-four years. The e-mails contained detailed information about Jason's breakup with Courter, blamed the Courter family for Jason's troubles, and stated that they needed to stop the proceedings against him or he would go public with the personal information. Jason also called the Courter home in Chariton forty to fifty times on the morning of December 16, 2006. The Lucas County Sheriff set up a "trap and trace" on the Couriers' phone line and confirmed that Jason placed another eighty calls to their residence within the next two days.
In mid-December, Jason began sending e-mails to Courter's father, Gary, at the Chariton High School where he had been a teacher for thirty-four years. The e-mails contained detailed information about Jason's breakup with Courter, blamed the Courter family for Jason's troubles, and stated that they needed to stop the proceedings against him or he would go public with the personal information. Jason also called the Courter home in Chariton forty to fifty times on the morning of December 16, 2006. The Lucas County Sheriff set up a "trap and trace" on the Couriers' phone line and confirmed that Jason placed another eighty calls to their residence within the next two days.
Quote:
From mid to late March, Courter received e-mails from Jason that indicated he was in Florida. Some of them featured photograph attachments, including nude photographs where Jason's body appeared to be smeared with feces and another where he had an erect penis. In others, Jason took on "the persona of a little boy" and talked about wearing diapers. In still others, Jason threatened to beat Courter "black and blue" and to "hunt [her] like prey."
When Courter reported the e-mails to Iowa City police, Officer Gabriel Cook asked her to correspond with Jason under police supervision in an effort to bring him back to Iowa City for arrest. Courter initiated contact with Jason several times between March 21 and March 27, 2007. Courter was home in Chariton on March 30, 2007, when she learned that Jason was staying at the Super 8 motel about a mile from her parents' house. The Lucas County Sheriff arrested Jason at the motel.
When Courter reported the e-mails to Iowa City police, Officer Gabriel Cook asked her to correspond with Jason under police supervision in an effort to bring him back to Iowa City for arrest. Courter initiated contact with Jason several times between March 21 and March 27, 2007. Courter was home in Chariton on March 30, 2007, when she learned that Jason was staying at the Super 8 motel about a mile from her parents' house. The Lucas County Sheriff arrested Jason at the motel.
Quote:
The district court held a competency hearing on November 27, 2007, at which Dr. Gersh and Jason testified. Dr. Gersh opined that Jason was competent to stand trial. Dr. Gersh stated that the diagnosis of Asperger's Syndrome does not include delusions or hallucinations. Although Asperger's Syndrome affects a person's ability to interact socially, Dr. Gersh explained that it does not affect cognitive understanding. He noted that many people with Asperger's hold jobs.
Quote:
On May 29, 2008, the district court sentenced Jason to an indeterminate term of five years on the stalking conviction and an indeterminate term of two years on the tampering conviction, the sentences to be served consecutively. Jason was to receive 426 days credit for time served on the sentences. During a limited remand, the sentencing court issued an order clarifying that the credit was to be accorded once on the consecutive sentences and not twice that amount.
Jason appeals. He asserts the trial court erred in not considering his mental impairment in determining whether to allow his request for self-representation. He also contends the trial court erred in failing to state the reasons for imposing consecutive sentences.
Jason appeals. He asserts the trial court erred in not considering his mental impairment in determining whether to allow his request for self-representation. He also contends the trial court erred in failing to state the reasons for imposing consecutive sentences.
Quote:
The parties agree that Jason was diagnosed with Asperger's Syndrome as a teen and that Asperger's Syndrome is a recognized developmental disorder. This record is unclear whether Asperger's Syndrome is a "severe mental illness," which necessarily hampers a defendant's self-representation right, as that term is used by the Edwards court.
Dr. Gersh opined at the competency hearing that Jason's diagnosis of Asperger's Syndrome would not affect his ability to understand the charges against him or participate in his own defense. He explained that Asperger's "affects a person's ability to socialize and understand . . . non-verbal communication, cues and to interact with people in a reasonable way, in social situations," but would not affect the defendant's "cognitive understanding of what is going on."
Jason was not hindered academically by his Asperger's. He graduated from college in three and one-half years with an A-minus grade point average. Jason was accepted into the graduate college of business in accounting at the University of Iowa. He apparently successfully traded stocks on-line.
During the Faretta colloquy with the district court, Jason told the court that he was not pursuing a diminished responsibility defense at trial. He also told the court that his experience with mock trial in high school and college would help prepare him to represent himself despite his lack of legal training.
Dr. Gersh opined at the competency hearing that Jason's diagnosis of Asperger's Syndrome would not affect his ability to understand the charges against him or participate in his own defense. He explained that Asperger's "affects a person's ability to socialize and understand . . . non-verbal communication, cues and to interact with people in a reasonable way, in social situations," but would not affect the defendant's "cognitive understanding of what is going on."
Jason was not hindered academically by his Asperger's. He graduated from college in three and one-half years with an A-minus grade point average. Jason was accepted into the graduate college of business in accounting at the University of Iowa. He apparently successfully traded stocks on-line.
During the Faretta colloquy with the district court, Jason told the court that he was not pursuing a diminished responsibility defense at trial. He also told the court that his experience with mock trial in high school and college would help prepare him to represent himself despite his lack of legal training.
Quote:
On Count I, that is the stalking charge, it is the judgment and sentence of this Court that you are remanded to the custody of the Director of the Iowa Department of Corrections for an indeterminate term not to exceed five years. The Court is required to impose the minimum sentence of $750, which I suspend. I'm ordering you to pay the costs of that action as well as your court-appointed attorney fees. With regard to Count II, the offense of tampering with a witness, an aggravated misdemeanor, it is the judgment and sentence of this Court that you are remanded to the custody of the Director of the Iowa Department of Corrections for an indeterminate term not to exceed two years. These sentences will run consecutively, that is, one after the other. The Court will further order that the Iowa Medical Classification section, Department, perform a psychiatric evaluation as part of your classification process at that institution with the hope that they will provide mental health counseling, treatment, whatever their evaluation indicates is necessary in your case. The fine in that matter, the minimum fine of $[650] is imposed but suspended. The costs of that action are assessed against you as well as any court-appointed attorney fees. The Court's reasons for this sentence include the nature and circumstances of the offense, the ongoing nature of the offense, the continuing course of contact, Mr. Jason, and while you assure me today you would not violate probation, that you would not break those no contact orders, your behavior in the past has proved otherwise over and over. Your statements have indicated otherwise over and over. The court has no assurance that that conduct would not be as you have historically shown us to violate and disregard court orders. The Court understands the threats that you have made of future actions against the victim, which indicates to the Court, not an indictment of any future acts, but of your attitude about whether or not you are willing to comply with the Court's orders that might occur in a probationary kind of situation.
This guy is not as innocent and harmless as is presented in the Change.org petition. He needs mental health services, but he should not be free to chase this woman or her family any more.
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"The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently" -Nietzsche
AardvarkGoodSwimmer
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30 May 2014, 9:42 am
Quote:
. . When Courter reported the e-mails to Iowa City police, Officer Gabriel Cook asked her to correspond with Jason under police supervision in an effort to bring him back to Iowa City for arrest. Courter initiated contact with Jason several times between March 21 and March 27, 2007. Courter was home in Chariton on March 30, 2007, when she learned that Jason was staying at the Super 8 motel about a mile from her parents' house. The Lucas County Sheriff arrested Jason at the motel. .
That's probably a mistake. If the police can't find the guy and get other law enforcement to cooperate and arrest him, well, maybe they should re-examine standard police practice.
AardvarkGoodSwimmer
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30 May 2014, 9:45 am
Quote:
http://www.change.org/petitions/janet-l ... e-must-end
" . . Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 years for non-violent crimes. . "
" . . Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 years for non-violent crimes. . "
This part, where they hugely overcharge the guy, I guess in an attempt to get him to plea to the regular charge, is not so cool.
sonofghandi
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30 May 2014, 10:10 am
AardvarkGoodSwimmer wrote:
Quote:
http://www.change.org/petitions/janet-l ... e-must-end
Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 years for non-violent crimes.
Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 years for non-violent crimes.
This part, where they hugely overcharge the guy, I guess in an attempt to get him to plea to the regular charge, is not so cool.
My previous post was just about the final appeal from the first (of three separate) court cases from separate incidents. The change.org petition is trying to paint him into someone less dangerous than he is.
I do agree that this man should get treatment, and that he should have been getting help years ago, but this is not a case of Apserger's persecution. This is making it into a case where AS is being used as a rationalization for a years long stalking, harrassing, and threatening of someone who dumped him. His actions are not because he had Asperger's; they are because he saw no reason to respect someone else's personal life because he felt that he should be allowed to do whatever he wants. That is the last thing you want asperger's to be associated with: people assuming it means you are a going to be a sociopathic stalker with no concept of consequences. That will only make people terrified of people on the spectrum.
By the way, the long prison sentence is because this is the THIRD case of harrassment and stalking. And the maximum sentence for the 3rd stalking charge (which is a felony at that point) is only 10 years. The rest of the sentence comes from other associated charges and deferred sentences from the rulings in the earlier stalking and assault cases.
Change.org is a wonderful thing, but you must remember that anyone can put up a petition that says anything they want. So this petition put up by his father has not been fact checked by anyone at all. His assertations that he only made 2 phone calls are easily disproven, as are the claims that he only sent a few emails, as is his claim that "His criminal behavior consists only of phone calls and emails." Also words that he used: "His actions are part of having Asperger Syndrome" which bothers me considering the disturbing trend of non-stop harrassment, and his extortion charges are based on his threats to reveal information, not the subsequent revealing of said information (which came after the charges were filed).
This man has been given many chances, and has refused to stop.
And by the way, Joseph M. Jason became president of NAMI after his son was arrested for documented cases of harrassment that were witnessed by police.
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"The surest way to corrupt a youth is to instruct him to hold in higher esteem those who think alike than those who think differently" -Nietzsche
AardvarkGoodSwimmer
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30 May 2014, 10:17 am
Quote:
http://www.leagle.com/decision/In%20IACO%2020091217303
. . During the summer of 2006, Jason continued to e-mail Courter, who was staying with a friend in Ames. On occasion she would respond, trying to convince him she did not want to have further contact with him. Courter's parents tried to help her obtain a court order prohibiting Jason from contacting her. This effort was unsuccessful as the judge apparently concluded there was a lack of evidence of an assault. Law enforcement officials advised Courter to cut off all contact with Jason, which she did. .
. . During the summer of 2006, Jason continued to e-mail Courter, who was staying with a friend in Ames. On occasion she would respond, trying to convince him she did not want to have further contact with him. Courter's parents tried to help her obtain a court order prohibiting Jason from contacting her. This effort was unsuccessful as the judge apparently concluded there was a lack of evidence of an assault. Law enforcement officials advised Courter to cut off all contact with Jason, which she did. .
This is surprising, because I kind of thought the whole point of stalking laws was that you could do something early before things got really bad.
So, it sounds like the young lady is trying to get a restraining order. And the judge says, there's not enough evidence of an assault. That's how things used to work. And maybe the judge's mindset is only focused on that, and not considering the newer stalker angle. Or, maybe the judge is entirely correct. In which case, the law needs to change yet again.
My conclusion:
The system was slow to act.
And when they finally did act, they overreacted. And that's standard for almost every institution, including medicine, education, issues regarding safety, etc.
sonofghandi
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30 May 2014, 10:31 am
AardvarkGoodSwimmer wrote:
Quote:
http://www.leagle.com/decision/In%20IACO%2020091217303
. . During the summer of 2006, Jason continued to e-mail Courter, who was staying with a friend in Ames. On occasion she would respond, trying to convince him she did not want to have further contact with him. Courter's parents tried to help her obtain a court order prohibiting Jason from contacting her. This effort was unsuccessful as the judge apparently concluded there was a lack of evidence of an assault. Law enforcement officials advised Courter to cut off all contact with Jason, which she did. .
. . During the summer of 2006, Jason continued to e-mail Courter, who was staying with a friend in Ames. On occasion she would respond, trying to convince him she did not want to have further contact with him. Courter's parents tried to help her obtain a court order prohibiting Jason from contacting her. This effort was unsuccessful as the judge apparently concluded there was a lack of evidence of an assault. Law enforcement officials advised Courter to cut off all contact with Jason, which she did. .
This is surprising, because I kind of thought the whole point of stalking laws was that you could do something early before things got really bad.
So, it sounds like the young lady is trying to get a restraining order. And the judge says, there's not enough evidence of an assault. That's how things used to work. And maybe the judge's mindset is only focused on that, and not considering the newer stalker angle. Or, maybe the judge is entirely correct. In which case, the law needs to change yet again.
My conclusion:
The system was slow to act.
And when they finally did act, they overreacted. And that's standard for almost every institution, including medicine, education, issues regarding safety, etc.
^I agree that they were slow to react, but given the extensive non-stop harrassment and threats, I don't think they over-reacted too much (although I would have preferred to have seen an emphasis on mental health rather than lock 'em up and forget 'em).
After he was released from the first round, he jumped right back into the stalking game (and did more time and got out and went right back to stalking), so I do not think this most recent case is an over-reach at all. The 55 years is a combined maximum possible for all charges, not the actual sentence. If he'd gotten the max sentences for all charges the first time, he would be in jail right now without ever having had the opportunity to pile up more charges. To be honest, if he hadn't made threats of physical violence (which were among the charges from his first trial), I don't think he would have done much prison time in the first place.
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AardvarkGoodSwimmer
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30 May 2014, 10:40 am
sonofghandi wrote:
The 55 years is a combined maximum possible for all charges, not the actual sentence.
I still don't like it. Now, this said, where I read the young man threatened his ex-girlfriend's parents that he would reveal personal information unless they stopped legal proceedings, not cool at all. It's really bad. But it still doesn't warrant 55 years.
AardvarkGoodSwimmer
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30 May 2014, 10:47 am
Quote:
http://www.change.org/petitions/janet-l ... e-must-end
" . . If the Iowa prosecutor?s office was serious about avoiding an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement of ten years. . "
" . . If the Iowa prosecutor?s office was serious about avoiding an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement of ten years. . "
So yes, it does look like the prosecutors are using the stack of charges in an attempt to negotiate this person to plea to the original maximum.
Okay, what might a decent and skillful prosecutor do instead. Maybe this deal:
You will need to write a letter of apology to this young lady and also a separate letter to her parents. And you will need to understand that they will not respond to the letters and you will have no further contact. I will be delivering the letters. And a mental health professional will need to confirm that you understand that it's over and that you will seek no further contact, that even if you were to see them in a neutral spot accidentally, you will graciously leave them alone. You do all this, and we can talk about five or six years.
AardvarkGoodSwimmer
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30 May 2014, 10:59 am
Quote:
http://www.leagle.com/decision/In%20IACO%2020091217303
. . When Courter reported the e-mails to Iowa City police, Officer G____ C____ asked her to correspond with Jason under police supervision in an effort to bring him back to Iowa City for arrest. Courter initiated contact with Jason several times between March 21 and March 27, 2007. .
. . When Courter reported the e-mails to Iowa City police, Officer G____ C____ asked her to correspond with Jason under police supervision in an effort to bring him back to Iowa City for arrest. Courter initiated contact with Jason several times between March 21 and March 27, 2007. .
This is terrible advice on the part of the police, because the guy's going to end up feeling betrayed. Even if he serves the full ten years, he still might feel betrayed. A police officer experienced with the dynamics of stalking should not give this advice. (I'm leaving off the officer's name because I'm a polite person. Maybe the officer now realizes he made a mistake. Or maybe, the young lady said, can't you do something sooner and then he gave this advice)
The young lady should have taken a poker pause, that is, an opportunity to think. Maybe she could have said that she wanted to talk with her parents first. And use that as an opportunity. And then just not do it.
Can't the police do some kind of extradition, even though it won't be the top priority of the other jurisdiction and even though it will take some time?
Last edited by AardvarkGoodSwimmer on 30 May 2014, 11:05 am, edited 1 time in total.
30 May 2014, 11:04 am
For those using his 2007 convictions, you using invoking double jeopardy. In one of his convictions, I believe the federal one, it was drawing a picture of a gun to his attorney, and the attorney didn't want him prosecuted nor is drawing a picture of a gun illegal.
What matters now isn't the old conduct for which he did his prison time, but the indictments charged against him.
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