Brave, Courageous Police Officers Still Doing Their Thing
Even though the high court has told police (my generic term for those with authority over our lives), police persist in persecuting this young man who had the audacity to engage in a homosexual act with another guy. Police were understandably furious that their word on all subjects was not taken as gospel. But things got a little tight, so police had to release this guy as the story below will explain, and it is summarized under the link:
http://www.365gay.com/newscon05/10/102805limon.htm
GAY TEEN STILL BEHIND BARS DESPITE HIGH COURT RULINGby The Associated Press Posted: October 28, 2005 8:00 am ET (Topeka, Kansas) Matthew Limon, whose case resulted in the Kansas Supreme Court declaring the state can't punish underage sex more harshly if it involves gays, may soon be released from prison, his attorney said late Thursday night. Paige Nichols said the state's highest court Thursday issued its final order in the case at the request of the state and defense attorneys. (story) Normally, the court waits 20 days, but doing it now clears the way for Nichols to ask Miami County District Judge Richard Smith to consider releasing Limon. Limon has been in prison since 2000, serving a sentence of 17 years and two months for performing a sex act on a 14-year-old boy. Had one of them been a girl, Limon, then 18, would have faced only 15 months behind bars under a special "Romeo and Juliet" law allowing lighter punishment for teenage sex. "We are eager to get him out as soon as we can since we feel he has been there a lot longer than he should have been," Nichols said. "He's very excited and still in a state of disbelief." As for when the judge might consider the request, Nichols said, "We would love to see it happen before the end of the week, but it still could be early next week." Nichols said she wants Limon released from the Ellsworth Correctional Facility pending any further action by the state. She was optimistic the judge, who presided over Limon's trial, will grant the request because the state isn't opposing it. Nichols said she didn't know whether the matter will require a court appearance in Miami County or can be handled by a conference call. Last Friday, the court unanimously ruled Limon must be resentenced as though the law treated illegal gay sex and illegal straight sex the same. Striking the offending language from the law, the court said the different treatment violated Limon's equal protection rights. At the time, Attorney General Phill Kline said he didn't plan to appeal to the U.S. Supreme Court. He has repeatedly described Limon as a predator because his criminal record already contained two similar offenses. Even if Miami County Attorney David Miller decides to charge Limon anew, he's already served longer than the maximum sentence allowed under the Romeo and Juliet law. The case has been watched by national groups on both sides of the issue, including the American Civil Liberties Union, which handled his case before the high court. Both Limon and the other boy, identified only as M.A.R. in court documents, lived at a Paola group home for the developmentally disabled. In court, an official described M.A.R. as mildly retarded and Limon as functioning at a slightly higher level but not as an 18-year-old. Limon's attorneys described the relationship with the younger boy in 2000 as consensual and suggested they were adolescents experimenting with sex. Kline says Limon exploited the other boy. Kansas law makes any sexual activity involving a person under 16 illegal. The 1999 Romeo and Juliet law mandates lesser penalties for illegal sex when partners are age 14 to 19 and their ages are less than four years apart. As written, it specifically applied in cases where the partners were of the opposite sex.
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But not to be scorned or thwarted, police did let him out of prison then promptly re-arrested him for the very same charge, although they had to call it something different. You know, its that god-damned USA constitution getting in the way with complaints about double jeopardy and all that. This second story from November 18 explains how they managed that:
http://www.365gay.com/Newscon05/11/111805limon.htm
MATTHEW LIMON RE-ARRESTED by The Associated Press
Posted: November 18, 2005 5:00 pm ET (Topeka, Kansas) Matthew R. Limon, whose case resulted in the Kansas Supreme Court saying the state can't punish underage sex more harshly if it involves gays, will be back in court next week on a new charge in the same case. Miami County Attorney David Miller said he filed a charge Friday of unlawful voluntary sexual relations against Limon in the case that resulted in the high court's ruling last month. His first appearance is Wednesday morning before District Judge Richard Smith in Paola. Miller said his goal is for Limon to be put on parole for up to five years, not to send him back to prison. In 2000, Limon, then 18, was sentenced to 17 years in prison on a charge of criminal sodomy for performing a sex act on a 14-year-old boy at a Paola group home for the developmentally disabled. Had one of them been a girl, Limon could have faced only 15 months under the state's "Romeo and Juliet" law allowing lighter punishment for teenage sex when the partners are of the opposite sex. In its ruling, the Supreme Court ordered Limon resentenced as if the law treated illegal gay sex and illegal straight sex the same. It also struck the language from the law that resulted in the different treatment. Because Limon had already served more than four years in prison, he doesn't have to serve any more prison time. But Miller wants Limon to be under the supervision of the Department of Corrections supervision, and he said, "That couldn't happen unless he was recharged and went through the judicial process." The prosecutor said he didn't know if the case will go to trial or whether a plea agreement might be struck. "I can't comment on what future plea negotiations might be," Miller said. Paul Cates, spokesman for the American Civil Liberties Union which represents Limon, said what the prosecutor was doing isn't right. "We're fine with him being recharged under Romeo and Juliet, but it seems like the prosecutor is trying to extend the supervision," Cates said. "This is for somebody who has served four-and-a-half years in prison for a consensual sex act." On Nov. 3, the judge ordered Limon released from Ellsworth prison until the state decided its next move. A condition of that release was that Limon be placed under house arrest, limiting his ability to leave the home of his aunt and uncle in western Kansas. He also is barred from having contact with minors, cannot use alcohol and drugs, and must undergo sex offender counseling. The house arrest is due to expire Nov. 26, but Miller said he will ask Wednesday for that to be extended with the same conditions. During Limon's trial, an official described the other boy, identified only as M.A.R. in court documents, as mildly retarded and Limon as functioning at a slightly higher level but not as an 18-year-old. Defense attorneys said the relationship with the younger boy was consensual and suggested they were adolescents experimenting with sex. Attorney General Phill Kline's office repeatedly described Limon as a predator, noting he had two similar, previous offenses on his criminal record. On Wednesday, Kline said he wouldn't appeal the ruling to the U.S. Supreme Court. The Kansas Court of Appeals rejected Limon's appeal in 2002. The next year, the U.S. Supreme Court struck down a Texas law that criminalized gay sex and returned Limon's case to the state. Last year, the appeals court again sided with the state, and Limon appealed to the state Supreme Court.
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God damn police! These Brave and Courageous Police Officers have nothing better to do than continue their harrassment of gay men. They are so fucking ignorant and bigotted it never ceases to amaze me. But what really amazes me are the gay men who take employment as police officers. Why would any gay person want to associate himself with our enemies in that way is beyond me. Considering how police have persecuted us and harmed us over the years, I cannot imagine anyone wanting anything to do with them.
If police would simply go back to their old habits of the 1950-60's where gay men were routinely arrested and placed in insane asylums, or perhaps given lobotomies then it would be quite obvious where their heads were at. But everytime the Supreme Court tosses some bone at the gay community police only proceed to get nastier.
One reason why Dennis Rader, serial killer extraordinary, ran amok on the streets of Wichita, KS for thirty five years undetected was because Brave and Courageous Police Officers were busy raiding gay bars in Wichita and hassling gay guys.
Ditto for John Wayne Gacy (gay serial killer of young boys in Chicago in the 1970-80's)
Larry Eyler (another gay serial killer in Chicago in the 1980's), and that third one, who lived in Milwaukee but commuted to Chicago to find his meals (the cannibal, his name escapes me right now) got away for as long as they did -- years and years and years -- was because police were too gad damned busy raiding gay bars in Chicago and Milwaukee.
Yet, if someone suggests -- and they have -- that police be treated to a dose of their
own medicine, invariably that person will be called a 'terrorist' and the fine men with guns strapped to their sides will come and get that one as well.
God damn the police.
http://www.365gay.com/newscon05/10/102805limon.htm
GAY TEEN STILL BEHIND BARS DESPITE HIGH COURT RULINGby The Associated Press Posted: October 28, 2005 8:00 am ET (Topeka, Kansas) Matthew Limon, whose case resulted in the Kansas Supreme Court declaring the state can't punish underage sex more harshly if it involves gays, may soon be released from prison, his attorney said late Thursday night. Paige Nichols said the state's highest court Thursday issued its final order in the case at the request of the state and defense attorneys. (story) Normally, the court waits 20 days, but doing it now clears the way for Nichols to ask Miami County District Judge Richard Smith to consider releasing Limon. Limon has been in prison since 2000, serving a sentence of 17 years and two months for performing a sex act on a 14-year-old boy. Had one of them been a girl, Limon, then 18, would have faced only 15 months behind bars under a special "Romeo and Juliet" law allowing lighter punishment for teenage sex. "We are eager to get him out as soon as we can since we feel he has been there a lot longer than he should have been," Nichols said. "He's very excited and still in a state of disbelief." As for when the judge might consider the request, Nichols said, "We would love to see it happen before the end of the week, but it still could be early next week." Nichols said she wants Limon released from the Ellsworth Correctional Facility pending any further action by the state. She was optimistic the judge, who presided over Limon's trial, will grant the request because the state isn't opposing it. Nichols said she didn't know whether the matter will require a court appearance in Miami County or can be handled by a conference call. Last Friday, the court unanimously ruled Limon must be resentenced as though the law treated illegal gay sex and illegal straight sex the same. Striking the offending language from the law, the court said the different treatment violated Limon's equal protection rights. At the time, Attorney General Phill Kline said he didn't plan to appeal to the U.S. Supreme Court. He has repeatedly described Limon as a predator because his criminal record already contained two similar offenses. Even if Miami County Attorney David Miller decides to charge Limon anew, he's already served longer than the maximum sentence allowed under the Romeo and Juliet law. The case has been watched by national groups on both sides of the issue, including the American Civil Liberties Union, which handled his case before the high court. Both Limon and the other boy, identified only as M.A.R. in court documents, lived at a Paola group home for the developmentally disabled. In court, an official described M.A.R. as mildly retarded and Limon as functioning at a slightly higher level but not as an 18-year-old. Limon's attorneys described the relationship with the younger boy in 2000 as consensual and suggested they were adolescents experimenting with sex. Kline says Limon exploited the other boy. Kansas law makes any sexual activity involving a person under 16 illegal. The 1999 Romeo and Juliet law mandates lesser penalties for illegal sex when partners are age 14 to 19 and their ages are less than four years apart. As written, it specifically applied in cases where the partners were of the opposite sex.
=======================================
But not to be scorned or thwarted, police did let him out of prison then promptly re-arrested him for the very same charge, although they had to call it something different. You know, its that god-damned USA constitution getting in the way with complaints about double jeopardy and all that. This second story from November 18 explains how they managed that:
http://www.365gay.com/Newscon05/11/111805limon.htm
MATTHEW LIMON RE-ARRESTED by The Associated Press
Posted: November 18, 2005 5:00 pm ET (Topeka, Kansas) Matthew R. Limon, whose case resulted in the Kansas Supreme Court saying the state can't punish underage sex more harshly if it involves gays, will be back in court next week on a new charge in the same case. Miami County Attorney David Miller said he filed a charge Friday of unlawful voluntary sexual relations against Limon in the case that resulted in the high court's ruling last month. His first appearance is Wednesday morning before District Judge Richard Smith in Paola. Miller said his goal is for Limon to be put on parole for up to five years, not to send him back to prison. In 2000, Limon, then 18, was sentenced to 17 years in prison on a charge of criminal sodomy for performing a sex act on a 14-year-old boy at a Paola group home for the developmentally disabled. Had one of them been a girl, Limon could have faced only 15 months under the state's "Romeo and Juliet" law allowing lighter punishment for teenage sex when the partners are of the opposite sex. In its ruling, the Supreme Court ordered Limon resentenced as if the law treated illegal gay sex and illegal straight sex the same. It also struck the language from the law that resulted in the different treatment. Because Limon had already served more than four years in prison, he doesn't have to serve any more prison time. But Miller wants Limon to be under the supervision of the Department of Corrections supervision, and he said, "That couldn't happen unless he was recharged and went through the judicial process." The prosecutor said he didn't know if the case will go to trial or whether a plea agreement might be struck. "I can't comment on what future plea negotiations might be," Miller said. Paul Cates, spokesman for the American Civil Liberties Union which represents Limon, said what the prosecutor was doing isn't right. "We're fine with him being recharged under Romeo and Juliet, but it seems like the prosecutor is trying to extend the supervision," Cates said. "This is for somebody who has served four-and-a-half years in prison for a consensual sex act." On Nov. 3, the judge ordered Limon released from Ellsworth prison until the state decided its next move. A condition of that release was that Limon be placed under house arrest, limiting his ability to leave the home of his aunt and uncle in western Kansas. He also is barred from having contact with minors, cannot use alcohol and drugs, and must undergo sex offender counseling. The house arrest is due to expire Nov. 26, but Miller said he will ask Wednesday for that to be extended with the same conditions. During Limon's trial, an official described the other boy, identified only as M.A.R. in court documents, as mildly retarded and Limon as functioning at a slightly higher level but not as an 18-year-old. Defense attorneys said the relationship with the younger boy was consensual and suggested they were adolescents experimenting with sex. Attorney General Phill Kline's office repeatedly described Limon as a predator, noting he had two similar, previous offenses on his criminal record. On Wednesday, Kline said he wouldn't appeal the ruling to the U.S. Supreme Court. The Kansas Court of Appeals rejected Limon's appeal in 2002. The next year, the U.S. Supreme Court struck down a Texas law that criminalized gay sex and returned Limon's case to the state. Last year, the appeals court again sided with the state, and Limon appealed to the state Supreme Court.
==============================
God damn police! These Brave and Courageous Police Officers have nothing better to do than continue their harrassment of gay men. They are so fucking ignorant and bigotted it never ceases to amaze me. But what really amazes me are the gay men who take employment as police officers. Why would any gay person want to associate himself with our enemies in that way is beyond me. Considering how police have persecuted us and harmed us over the years, I cannot imagine anyone wanting anything to do with them.
If police would simply go back to their old habits of the 1950-60's where gay men were routinely arrested and placed in insane asylums, or perhaps given lobotomies then it would be quite obvious where their heads were at. But everytime the Supreme Court tosses some bone at the gay community police only proceed to get nastier.
One reason why Dennis Rader, serial killer extraordinary, ran amok on the streets of Wichita, KS for thirty five years undetected was because Brave and Courageous Police Officers were busy raiding gay bars in Wichita and hassling gay guys.
Ditto for John Wayne Gacy (gay serial killer of young boys in Chicago in the 1970-80's)
Larry Eyler (another gay serial killer in Chicago in the 1980's), and that third one, who lived in Milwaukee but commuted to Chicago to find his meals (the cannibal, his name escapes me right now) got away for as long as they did -- years and years and years -- was because police were too gad damned busy raiding gay bars in Chicago and Milwaukee.
Yet, if someone suggests -- and they have -- that police be treated to a dose of their
own medicine, invariably that person will be called a 'terrorist' and the fine men with guns strapped to their sides will come and get that one as well.
God damn the police.
posted by Patrick Townson at 4:48 PM
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