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Iowa teen who killed rapist sentenced, ordered to pay $150K


Jason

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Self defense. By a child. Against a literal child rapist.

 

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APNEWS.COM

A teenage human trafficking victim who was initially charged with first-degree murder after she stabbed her accused rapist to death was sentenced Tuesday in an Iowa court to five years of closely...

 

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What she alleges he did would absolutely be a crime regardless of age, so it isn’t just a statutory rape charge, and the state never tried to argue that her claims were untrue.

 

I am still unsure of whether or not it is justifiable to murder a sleeping person when you could leave, though there are obvious complexities there because she was under the control of the pimp that the rapist was using to get access to the child.

 

I think if I were on the jury, despite her breaking the letter of the law, I probably nullify. It’s a child sex slave killing the man who got her drunk and high and raped her that same night.

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2 hours ago, sblfilms said:

What she alleges he did would absolutely be a crime regardless of age, so it isn’t just a statutory rape charge, and the state never tried to argue that her claims were untrue.

 

I am still unsure of whether or not it is justifiable to murder a sleeping person when you could leave, though there are obvious complexities there because she was under the control of the pimp that the rapist was using to get access to the child.

 

I think if I were on the jury, despite her breaking the letter of the law, I probably nullify. It’s a child sex slave killing the man who got her drunk and high and raped her that same night.

So a child sex slave doesn’t have the right to kill her abuser regardless of circumstances? She had the one opportunity and took it to free herself from bondage. Is there an acceptable play book for when literal slaves can kill their abusers?

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1 hour ago, TUFKAK said:

So a child sex slave doesn’t have the right to kill her abuser regardless of circumstances? She had the one opportunity and took it to free herself from bondage. Is there an acceptable play book for when literal slaves can kill their abusers?

 

First, I literally said were I on the jury I would nullify for *precisely that reason*, so I don’t know what you’re going on about?

 

Second, killing the man didn’t release her from bondage. She killed the John, not the pimp who held her captive and was selling her. She herself didn’t even say she did it as a means of escape, she said she did it because she was enraged after he finished raping her again and fell asleep. She actually stole the dead guy's car and drove back to her captor's home afterward.

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4 minutes ago, sblfilms said:

 

First, I literally said were I on the jury I would nullify for *precisely that reason*, so I don’t know what you’re going on about?

 

Second, killing the man didn’t release her from bondage. She killed the John, not the pimp who held her captive and was selling her. She herself didn’t even say she did it as a means of escape, she said she did it because she was enraged after he finished raping her again and fell asleep.

results like it's adding numbers.

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3 minutes ago, Jwheel86 said:

How did her lawyer not take this to trial, that's insane. 

 

Because she quite clearly committed a crime, and she's Black. You wanna take that chance that a bunch of white jurors in Iowa aren't going to go the "well, technically" route and convict her of the more serious murder charges?

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10 minutes ago, sblfilms said:

 

Because she quite clearly committed a crime, and she's Black. You wanna take that chance that a bunch of white jurors in Iowa aren't going to go the "well, technically" route and convict her of the more serious murder charges?

 

Quote

Polk County District judge David M. Porter on Tuesday deferred those prison sentences, meaning that if Lewis violates any portion of her probation, she could be sent to prison to serve that 20-year term.

 

Weighted against the likelihood in 5 years a 17-22 year old abuse victim (who's just out of juvenile detention) having a probation violation resulting in 20 years in prison, yeah. 

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1 minute ago, Jwheel86 said:

Weighted against the likelihood in 5 years a 17-22 year old abuse victim who's just out of juvenile detention having a probation violation resulting in 20 years in prison, yeah. 

 

Don't be a lawyer then :p 

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61639139_163839284799937_r.jpeg
WWW.GOFUNDME.COM

Today, my former student, Pieper Lewis bravely took the microphone dur… Leland Schipper needs your support for Help Pieper Lewis, Survivor of Sex Trafficking

 

Also, a verified GoFundMe to help this girl out. It already has enough to cover the restitution, but this kid is going to need much more than that as she moves forward in life

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I agree with SB. If I was on the jury, I'd probably vote to nullify, but I think the lawyer is absolutely right to not take this to trial.

 

When it comes to the law that forces her to pay, I'd rather the system err on the side of any intentional homicide being a difficult charge to shake than go the other way. In general I think our justice system tends to over-punish, but when you have someone that admits to killing a man in his sleep, probation and a fine don't seem entirely unreasonable.

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Which is more likely:

  • Convicted by 12 jurors = 20 years
  • Hung jury = walks assuming no retrial 
  • Take the deal/probation violation = 20 years 

The DA knows probation she's an extremely high risk of having a probation violation so offer this 'great deal' after overcharging her to get the desired sentence without a jury. The deal is a trap, she's more likely than not to do the full 20. 

 

23 minutes ago, TwinIon said:

probation and a fine don't seem entirely unreasonable.

And if a possession charge or drug test results in her doing the full 20? 

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1 minute ago, b_m_b_m_b_m said:

You wouldn’t be nullifying anything, you’d be kicked out of the jury most likely if the judge catches wind of your intent to nullify


This isn’t like Michael Scott declaring bankruptcy, my man. You don’t have to tell anyone your intent or reasoning for your vote.

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10 minutes ago, Jwheel86 said:

Which is more likely:

  • Convicted by 12 jurors = 20 years
  • Hung jury = walks assuming no retrial 
  • Take the deal/probation violation = 20 years 

The DA knows probation she's an extremely high risk of having a probation violation so offer this 'great deal' after overcharging her to get the desired sentence without a jury. The deal is a trap, she's more likely than not to do the full 20. 

 

And if a possession charge or drug test results in her doing the full 20? 


Conviction is a highly likely outcome, and she was charged with first degree murder, which is a mandatory life sentence. You don’t roll the dice when you have no prison on the table. This isn’t even a hard one!

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3 minutes ago, sblfilms said:


This isn’t like Michael Scott declaring bankruptcy, my man. You don’t have to tell anyone your intent or reasoning for your vote.

People can and have been dismissed from the jury during deliberations for not deliberating or not following the court’s instructions 

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A juror’s unwillingness or inability to deliberate fairly and impartially and to follow court instructions can wreak havoc on a trial at the last minute.

 

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5 minutes ago, b_m_b_m_b_m said:

People can and have been dismissed from the jury during deliberations for not deliberating or not following the court’s instructions 

aba-default-feature-img.jpg
WWW.AMERICANBAR.ORG

A juror’s unwillingness or inability to deliberate fairly and impartially and to follow court instructions can wreak havoc on a trial at the last minute.

 


None of these cases involve a juror simply voting to acquit, they involved explicit admissions of bias and/or a refusal to participate in deliberation. 
 

Slow news day, BM?

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WWW.DESMOINESREGISTER.COM

'Well, Ms. Lewis, this was the second chance you asked for. You don’t get a third,' said Judge David M. Porter as he sentenced her to probation.

 

 

Quote

A presentence report recommended prison time for Lewis. Porter said testimony from Kinscherff and Lewis' therapist, Megan Hoxhalli, influenced his decision to send Lewis to the Fresh Start Women's Center.

 

"Until you reach the age of 25, your life will be highly structured," Porter said. "Particularly for the next three years." 

 

In addition, she must stay at the Fresh Start Women's Center while she is on probation, will be subject to GPS tracking

 

So she's in a half way house until she's 25, insanity. 

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2 minutes ago, b_m_b_m_b_m said:

 

 


OMG, they weren’t asked, they just volunteered the information to other jurors! It wasn’t a case where the deliberations were going on and there was disagreement and somebody sussed it out.

 

for example, in one case before the deliberations really began the juror stated they were voting a particular way and chose so before hearing any evidence.

 

in another, a juror went on a rant slagging the entire criminal justice system.

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4 hours ago, sblfilms said:
61639139_163839284799937_r.jpeg
WWW.GOFUNDME.COM

Today, my former student, Pieper Lewis bravely took the microphone dur… Leland Schipper needs your support for Help Pieper Lewis, Survivor of Sex Trafficking

 

Also, a verified GoFundMe to help this girl out. It already has enough to cover the restitution, but this kid is going to need much more than that as she moves forward in life

 

@Mr.Vic20

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