Dem pledges: I'll rip apart child rape victims on stand.

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June 26, 2008 07:06 PM    View printable version     Link to this comment   
Member Since:
June 15, 2007

 


LAW OF THE LAND

Dem pledges: I'll 'rip apart' child-rape victims on stand
'I'm going to make sure rest of their life is ruined'


Posted: June 25, 2008
9:15 pm Eastern

© 2008 WorldNetDaily

 

Massachusetts politician and defense attorney Rep. James Fagan is under intense public scrutiny after he promised to "rip apart" child victims of rape who testify if the state imposes strict sentences for sex offenders.

Fagan, a Democrat, made his controversial remarks on the state House floor, Fox News reported.

"I'm gonna rip them apart," Fagan said of child victims. "I'm going to make sure that the rest of their life is ruined, that when they're 8 years old, they throw up; when they're 12 years old, they won't sleep; when they're 19 years old, they'll have nightmares and they'll never have a relationship with anybody."

As a defense attorney, Fagan said he would prevent accused child sex offenders from experiencing a "mandatory sentence of those draconian proportions."

According to the report, his statements angered both colleagues and activists.

"I thought his comments were over the top and unnecessary," said Bradley Jones, Massachusetts House minority leader. "I appreciate that he's a defense attorney, and felt he had a point to make, but I think it was unnecessary. It was excessive."

Mark Lunsford, a Florida father who lost his 9-year-old daughter after she was kidnapped, wrapped in a trash bag and buried alive by a sex offender in 2005, said he was shocked by Fagan's remarks. He told the Boston Herald that Fagan should have more respect for the rights of sexually abused children.

"Why doesn't he figure out a way to defend that child and put these kind of people away instead of trying to figure ways for defense attorneys to get around Jessica's Law?" Lunsford asked. "These are very serious crimes that nobody wants to take serious. What about the rights of these children?"

 

The bill Fagan was so strongly opposed to designates mandatory minimum sentences of 10 to 15 years for crimes against children. It has passed in the House and made its way to the Senate.

According to Fox News, law professor Phyllis Goldfarb said Fagan comments were somewhat truthful in that they describe a defense attorney's obligation to find holes in the prosecutor's case when a person accused of sexually abusing a child faces mandatory sentencing.

"It is fundamentally true ... if the proof is coming almost exclusively through a child witness you may have to find a way to test it," Goldfarb said. "That's the attorney-client obligation there."

Goldfarb said Fagan's language might have been dramatic, but she said he was just describing his profession.

"You do have to challenge a witness," she told Fox News. "Some people find ways of doing that that are loyal to their role as defense attorneys - testing the proof (in ways) that aren't abusive to a witness, but it's very hard. And I think being put in that hard position is what he seems to be railing against here, using language that's probably a little bit hyperbolic."

According to Boston Herald reports, Lunsford plans to appear before the Massachusetts Senate to convince lawmakers to incorporate fixed prison sentences into the state's final version of Jessica's Law.




July 7, 2008 09:56 PM    View printable version     Link to this comment   
Member Since:
June 17, 2008

That is the way defense lawyers and Democrats really feel about their opponents.  You here the same kind of hate on Left wing blogs.

July 7, 2008 11:31 PM    View printable version     Link to this comment   
Member Since:
August 20, 2007
Personally, I think James Fagan ought to be strapped over a barrel and have his sorry ass horse whipped until blue smoke rolls off it. This sorry a--hole wouldn't have the guts to talk to man like that. He would be carrying around a whipped a--. Send him to Southern Arkansas and we will give him an attitude adjustment.


Allen6207
July 8, 2008 12:31 PM    View printable version     Link to this comment   
Member Since:
June 17, 2008

Had he made such disgraceful comments as a Republican, the press would have a field day and his career would be over.

It also reveals how deluded many defense lawyers are about winning equating to justice.


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