DescentBB

Fitzroy Barnaby said he had to swerve to avoid hitting the 14-year-old Des Plaines girl who walked in front of his car.

She said he yelled, "Come here, little girl," before getting out of his car and grabbing her by the arm.

He said he simply lectured her.

She said she broke free and ran, fearful of what he'd do next.

In a Thursday ruling, the Appellate Court of Illinois said the 28-year-old Evanston man must register as a sex offender.

While acknowledging it might be "unfair for [Barnaby] to suffer the stigmatization of being labeled a sex offender when his crime was not sexually motivated," the court said his actions are the type that are "often a precursor" to a child being abducted or molested.

Though Barnaby was acquitted of attempted kidnapping and child abduction charges stemming from the November 2002 incident, he was convicted of unlawful restraint of a minor -- which is a sex offense.

...

Cook County state's attorney spokesman Tom Stanton said Barnaby should have to register "because of the proclivity of offenders who restrain children to also commit sex acts or other crimes against them."

In the criminal case against him, Cook County Judge Patrick Morse said that "it's more likely than not" Barnaby planned only "to chastise the girl" when he grabbed her, but "I can't read his mind."

"I don't really see the purpose of registration in this case. I really don't," Morse said. "But I feel that I am constrained by the statute."

Recognizing the stigma that comes with being labeled as a sex offender, the appellate court said "it is [Barnaby's] actions which have caused him to be stigmatized, not the courts."

Avder wrote:So how long until we officially rename ourselves to the American Empire with dumbass bull**** draconian laws and rulings like this?

Pledge of Allegiance wrote:I pledge allegiance to our masters
of the United States of America
and to their Empire which they rule,
one nation under their thumb, taxable,
with tyranny and injustice for all.

suntimes wrote:"I don't really see the purpose of registration in this case. I really don't," Morse (the judge) said. "But I feel that I am constrained by the statute."

roid wrote:CRIPES!

I've been reading some online postings in repsonse to this and understand
the skepticism, given no other media have picked it up. I can't explain
that, sorry. It's there to be read at the Appellate Court clerk's office at
Lasalle and Randolph in Chicago.
More to it ... well, it was a 16-page ruling and I summarized the important
stuff, I thought.

He drops his girlfriend off at work, he's driving back home, girl's on her
way to school, the near-hit happens, he yells at her, pulls around and gets
out, grabs her, pulls her toward his car and yells at her, she breaks free
and runs off crying, meeting up with friends. A day or two later, she's in a
car with her friend's mom, they see the same guy, same car, she tells the
mom, mom calls police, he's arrested at Blockbuster a few blocks away, girl
makes positive ID. Trial comes, not guilty on 2, guilty on 1, judge says
that charge is a sex offense, he appeals, appellate court says - yes, it is
a sex offense and now you've got to register.
Guy has no priors. State's attorney stands by push for registration, judge
says he's constrained by the law, appellate court says that's right.

Unfortunately, there's nothing more to it.



Steve Patterson
Chicago Sun-Times
350 N. Orleans St.
Chicago, Ill. 60654
312-321-2090
spatterson@suntimes.com

Sirius wrote:I saw this on another BB, actually. There the guy that discovered the news story suggested running her over next time.

Sting_Ray wrote:
Your past defines you.


Females are taking over America, men...

Sting_Ray wrote:Females are taking over America, men...