Judge Frees "Cannibal Cop" Who Shared His Fantasies Online
AthanasiusKircher (1333179) writes The story is classic: Boy meets Girl. Boy likes Girl. Boy goes on the internet and writes about his fantasies that involve killing and eating Girl. Boy goes to jail. In this case, the man in question, NYC police officer Gilberto Valle, didn't act on his fantasies — he just shared them in a like-minded internet forum. Yesterday, Valle was released from jail after a judge overturned his conviction on appeal. U.S. District Judge Paul Gardephe wrote that Valle was "guilty of nothing more than very unconventional thoughts... We don't put people in jail for their thoughts. We are not the thought police and the court system is not the deputy of the thought police." The judge concluded that there was insufficient evidence, since "this is a conspiracy that existed solely in cyberspace" and "no reasonable juror could have found that Valle actually intended to kidnap a woman... the point of the chats was mutual fantasizing about committing acts of sexual violence on certain women." (A New York magazine article covered the details of the case and the implications of the original conviction earlier this year.)
It is because he was a cop. Recall that people have sent to jail for creating 'terrorist fantasies' because the FBI gave them the means and opportunity to carry out the fantasy. The courts do and have sent people to jail for fantasies. It is called conspiracy. In this case the fantasy targeted specific females, while the cop had means and opportunities to make those fantasies a reality. Remember that he went as far as using the police database to compile a list of real women he fantasized of eating, and was convicted for misuse of that database, so the fact this was moving out of fantasy has been proven. This is not a flight of reason. I am sure if a common person used a database to collect information on the judge or the judge's family and then wrote a detailed plan of how the family was to be murdered, we would not be getting of with a simple misuse of private information. This is clearly another case of no consequences for cops who break the law.
"She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
Actually he _was_ convicted of misusing the DB (max sentence 12 months). He's been in jail for more than 18 months so at this point, he has served more than enough to satisfy the highest possible sentence.
As a side note, the most disturbing part of this case to me, was Valle's illegal use of the DB to find out information about people for purely personal reasons. I'm sort of shocked that such a crime carries a max 12 month sentence. What that says to me is that law enforcement agencies and the governments that set them up, don't really care how their own misuse government power. Nor does the media for the most part as demonstrated by the thousands of words spent on the prurient charms of this case, but in any article, there is at most a single sentence about the DB issue.
Here's an example:
Tabloid same as NY Times, you'll have to search the page for "database" to find that single sentence.:
http://www.dailymail.co.uk/new...
http://www.nytimes.com/2014/07...
What changed under Obama? Nothing Good