Cody McDowell

Wednesday, September 3rd, 2008

I can’t vouch for the accuracy of this, but it’s not at all implausible.

MORE: A few of you have expressed doubt about the story, noting that nothing relevant pops up in a Google search on McDowell’s name save for the video (and, now, this post). I just checked Lexis, which didn’t have anything either. I’ve emailed the guy who made the video to ask for some further documentation of McDowell’s case. I’ll let you know what he says.

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42 Responses to “Cody McDowell”

  1. #1 |  TomMil | 

    This is horrible reporting:

    “they told him he was sick and should have an exorcism..” – Who the hell are “they”?

    “Apparently some paperwork wasn’t filled out properly.” I have a feeling he means he did not report as a sexual offender* as required and was convicted of a separate offense of failing to report but I am left to speculate. Even so, that would only be 2 offenses. which leads me to,

    How does he get to “some three strikes law” if this (or these) was/were the only offense[s]?

    *The Megan’s law statute here in NJ (which is the model most states based their statutes on) requires that you notify the police that you are leaving a registered address as well as when you arrive. You must notify the police – not your probation officer. I tell my cleints, “you must say, ‘hello’ and ‘goodbye’. Offenders are usually given a written set of quidelines that they must sign saying they understand the requirements (I do not know the routines in CA or AZ but I suspect they are similar).

    The law on this is still pretty absurd and it sounds like this kid got a raw deal but the reporting leaves much to be desired.

  2. #2 |  Bob | 

    This smacks of urban legend.

    In THEORY something like this could happen, but it would require that EVERY person involved was an utterly homophobic hard line fascist.

    I would need to see lots more facts and details before even giving this a second look.

  3. #3 |  Ken Hagler | 

    Bob, keep in mind that we’re talking about the actions of cops, so it’s entirely likely that every person involved _was_ an utterly homophobic hard line fascist.

    That said, I actually disagree with the notion that what happened to this guy _must_ have been motivated by homophobia. Maybe it was and maybe it wasn’t, but this kind of crap happens to heterosexual people too.

  4. #4 |  Bob | 

    Ken,

    Urban Myth. And I’m being charitable.

    Who: Who is this guy making the video? His only qualifications seems to be he’s gay and knows how to upload YouTube vidoes.

    When: When did all this happen? If this was a real event happening to an actual friend, he would know dates and times. The only references is “Several years ago” and “Catalina Island”. Heck, when was this video even made?

    Paper trail: There is none. Google any of the names involved. Are you telling me this kid’s family called no members of the press? Set up no web sites? Did nothing but sit there and take it? Where are the ‘Free Cody’! Web sites?

    Appeal for funds: And… he has set up a paypal address for donations. Where is the linked, info filled web site filled with testamonials from family and friends? It seems to me that if you’re going to set up a donation path, you’d anchor it with an info filled web site.

    You can’t just blindly believe stuff. Look at Ryan Frederick’s case… it was reported that he fired at a man crawling through the door… but most likely fired through the door as it was in the process of being broken down.

    I’m not buying this guy’s story. At BEST, I expect he fell for an Urban Myth he found somewhere, at worst it’s fraud.

  5. #5 |  Bill G | 

    I do think that this smacks of urban legend, but just the same..

    If this really did happen, I doubt that it did so because of homophobia. I think that officers would simply see the staple ‘sex offender’ and run with it, rather then they were especially hard in someone because they were homophobic.

  6. #6 |  Against Stupidity | 

    I agree with Bob. It is very fishy that the only Google references for this is the YouTube video.

    Has anyone even found a link to an urban myth about this?

  7. #7 |  Radley Balko | 

    Look at Ryan Frederick’s case… it was reported that he fired at a man crawling through the door… but most likely fired through the door as it was in the process of being broken down.

    Actually, I believe Frederick’s story is that they busted out the bottom panel, and he fired as Shivers was reaching up through the handle for the doorknob.

    If that’s true, “crawling through the door” isn’t all that off-base.

  8. #8 |  SusanK | 

    According to the video, the kid is in an “Arizona State Prison”. The Arizona Department of Corrections has no record of anyone named Cody McDowell.
    If the story is in any way true, the kid is in a county jail and unable to post bond.
    I don’t buy it, but I’m jaded.

  9. #9 |  J.J. | 

    Sadly, you’re right. If, as stated, these are the facts in the case, it’s not at all implausible. It would require that the vast majority of law enforcement, investigators, prosecutors, & judges involved be bigoted, opportunistic, and devoid of any trace of conscience. But again, certainly not implausible.

    So exactly where are we at, as a country, when the lines between fanciful urban legend and plausible reality begin to blur?

  10. #10 |  J.J. | 

    And the story starts with he and his family living on Catalina Island, but after the arrest his parents have no money (at all) for an attorney? Check out the demographics for Catalina Island. Offhand I would speculate that there aren’t a huge amount of folks that can afford to live there that cannot afford at least some legal representation.

    I’m sure there might be a couple of us po’ folks that managed to get a pad on Catalina, but it ain’t many. My skepticism begins there…

  11. #11 |  freedomfan | 

    I am among those who don’t buy the underlying account as presented in that video.

    Growing up in California, I have real doubts that a family where two or three generations of people live in Catalina Island cannot afford decent legal representation for a straightforward case. I could be wrong, of course, but that is something that needs to be addressed.

    Moreover, even the most marginal public defender should have advised a client against pleading guilty to a sex crime when the prosecutor had such a flimsy case. There are real cases where someone thought they were pleading to a minor charge and later regretted it, but I am not buying this one. Why plead guilty to a crime where actually being found guilty by a jury could have resulted in no worse penalty?

    Sorry, but I am very skeptical about this case and I worry that potential canards like this will undermine awareness of the issues involved in real abuse of sex crimes laws, “three strikes” rules, “zero intelligence” (AKA “zero tolerance”) policies, etc.

  12. #12 |  Mikestermike | 

    Some various thoughts on this:

    Money grab?

    Since depictions (not photos) of children are legal, I believe this also goes for adults pretending to be children, too, if I am not mistaken. I am no attorney, thats for sure.

    Any nudity on MySpace is quickly cannexed and accounts banned, so I don’t think it could have been up long enough to be “seen”.

    I thought the Feds had jurisdiction using the Interstate Commerce laws when things get posted on the net.

    Why would a gay man post pics from a site featuring women?

    Newspapers LOVE exploiting pedos, so the lack of news.

    No registered sex offenders have the name Cody McDowell on familywatchdog.us .

    Oh well…probably a nice way to get some green off of the gullible.

  13. #13 |  Michael Brewer | 

    Hello, I am the creator of the Cody McDowell film. I assure you, it is not an “urban legend”. Cody McDowell does in fact sit in an Arizona prison right this minute. I did, however, get one fact wrong, it was not myspace.com where the photo was posted, but a chat room, not sure which one. I apologize for this error, which was the result of a misunderstanding. Cody has indeed been treated abomidably by both the California and Arizona criminal justice, police and parole authorities. He is indeed facing lifetime parole according the “three strikes” laws. No, this is not some money-raising scam. You are free to contact the family and ask questions direct. This is nothing on public so far in terms of media because the family gullibly went along with system until now, trusting in justice, which has not been served in this case. The photo originally posted was done so as a joke, not meant in any way to represent distribution, but by a kid who thought he was being funny.

    Anyway, I see that our intended plea for public awareness of this situation has met with real scrutiny and scepticism. I assure you all that his situation is real even if a detail or two might have gotten confused in the retelling. I intend to edit the video and repost it in the next few days. Sorry if so many are so jaded that that have doubts, but I suppose it is wise to be careful.

    Not sure how we can “prove” the situation, but I can direct you to the e-mail address of the boys father should you wish to inquire further. We have no desire to pull the wool over anyones eyes, but to garner support for this unfortunate kid.

    Sent your questions and concerns to
    mcdowell_tim@hotmail.com

    Tim did not make this clip. I did as his friend, because all this is happening to Cody beyond the view of the public. But, if you need reassurance or more info, then write to the boys father and find out for yourself.
    This did happen. This is happening.

    Thanks for your support.

    Michael Brewer

  14. #14 |  Mike Leatherwood | 

    Well, as SusanK pointed out, there is no Cody McDowell in the Arizona State system, past or present. Even the active McDowells in the system have charges unrelated to the story.

    Anyone can get a hotmail account.

    Specifics are needed as to what, who and where. Otherwise, a successful troll is successful. And be warned, this site is visited by many a do-gooder and lawyer who would love to take down any unscrupulous poser.

  15. #15 |  Michael Brewer | 

    Hi Mike and SusanK,

    I appreciate and respect your concerns. I suggest that you write to the father at the e-mail addess I provided for more info. He is using a hotmail account for privacy. Its too bad that the focus here is on the legitimacy of Codys situation and not the underlying issues. However, we hope that we can allay your fears. This is a legtimate and very unfortunate situation.

    Thank you
    Michael Brewer

  16. #16 |  Michael Brewer | 

    Your concerns about my film are acknowleged. It was my first attempt at such advocacy and a personal attempt to assist this family and Cody. I admit that it has shortcomings and I made couple of minor factual mistakes. I intend to take the film down, re-edit and then place it back online with my apologies. However, none of this affects the legitimacy of Cody Mcdowell´s plight. Your feedback here has taught me a lot and will be refected in the new version of the film. Am on a business trip right now, but will remedy all this upon my return. Thank you. Please do not let my reporting shortcomings color your perceptions of Cody´s very real and serious situation.

    Thanks
    Michael Brewer

  17. #17 |  cat | 

    I can vouch for Michael Brewer and this is a very real and unfair situation. The story of his son’s plight was first posted on a blog in a supportive online community. He never asked for help but several friends took over and started a petition and Michael volunteered to do a video. I saw this all unfold over the course of a few days. The video was made to bring awareness and hopefully free this young man, not to raise funds.
    How can we prove this is real and done out of love? I’d be happy to answer any questions as best I can.

    Thanks,
    Cat

  18. #18 |  Andrew Williams | 

    Mr Brewer:

    We’re not being heartless, but you still haven’t answered several questions.

    To wit:

    *How is it that a family that can afford to live on Catalina Island can’t afford or can’t figure out how to hire an attorney?

    *”You are free to contact the family.” If so, why no phone number or snail mail address? As several people here pointed out, anyone can get a Hotmail acct. and call themselves whoever they want.

    *I live in Orange County and have heard NOTHING about this case–not on the news, in the Register or the Times or even the alt-weeklies like OC Weekly. How is this possible? Surely there must have been a paper SOMEWHERE in the OC that would have picked up this story.

    *Why–if you’re so familiar with the case–the vagueness about arrest dates and locations?

    I am not going to use the Hotmail address because I don’t want to risk getting scammed.

    Unless these questions are answered, I have to say “Case not proven.”

    Sincerely,
    Andrew Williams

  19. #19 |  Philly Lawyer | 

    OK, I am familiar with this case and this isn’t an urban legend. Not only that, I am in a firm that deals with this sort of case. I am a friend of the family, not their legal rep in AZ.

    First off, the most of what is happening is occuring in Maricopa County, AZ based upon Cody’s serving his CA probation in AZ.

    Secondly, most of this information came from Tim McDowell, Cody’s father, who admits he is not sure how much he knows about the facts of the case,

    According to the Parents, the Kid was charged and convicted for an adult offense committed as Juvenile in California. This crime was distribution of Child pronography, even though the site in question was barelylegal.com. Barely legal is run by Larry Flint and is METICULOUS in its vetting of models.

    For some reason, the parents did not pay for proper legal representation and Cody was questioned without counsel. I am not sure how that happened, but here is an 18 year old who is being questioned by the cops without any idea of what his rights are. That makes sense as the kid was over 18, but not the best policy based upon the headaches Cody is now facing.

    I will agree that this is bad reporting, but it sure as heck isn’t an urban legend.

    Anyway, we are not talking Megans law these days, but the Adam Walsh Child Protection and Safety Act that requires sex offenders are registered for life which is strict as heck. So, TomMil needs to get up to speed on his sex offender registration acts. Although, I did just check the sex offender databases for both AZ and CA and Cody is not listed, which makes me think this is more about violation of probation than sex offender registry.

    Also, if TomMil is an NJ lawyer he shouldn’t make comments about AZ law.

    Anyway, Michael Brewer should have done some fact checking and cleared his message which would have avoided this charge of urban legend.

    Again, the upshot is that this is not Urban legend, but bad reporting.

  20. #20 |  Philly Lawyer | 

    OK for Andrew Williams my info is michael@willdefend.com

    http://www.willdefend.com/Bio/JCBannerman.asp

  21. #21 |  Corrine Petteys | 

    This story first came to all of our attention on the site of the Boundless Living Challenge, a 45 day, challenge to help realize one of your dreams using the Law of Attraction made famous in the SECRET. This is a community of like minded honest and sincere and hard working people who not only want the betterment of their own lives but care about the lives of the people on this planet.

    So when Michael Brewer decided to get involved to help a friend suffering a real situation that happened to his son, his intentions were honest, sincere and nothing but the best to help a friend on the BLC. It was a situation that upset so many of us on the “Challenge” that we wanted to see what we could do to help hopefully find some justice in a situation that seemed unduly unjust and negligent in the Judicail and court system based on sexual preference and homophobia.

    So I support Michael Brewer in his attempt to help his friend, Tim. This support came from the Boundless Living Challenge community and individuals who wanted to help solely out of love only and to see a healing done for Tim and his son and family to be free of this unbelievable suffering they have been through.

    Given the nature of the honesty and openess of all those individuals who participated in this community, I have no reason to doubt or not believe Tim and his story about his son’s terrible ordeal.

    Thank you for reading this…
    Corrine

  22. #22 |  MC | 

    I too can vouch for Michael Brewer. Tim McDowell posted a blog on a supportive online community site about his own anguish regarding what was happening to his son, Cody. And several of us responded to see what we could do to help. The story is long, of necessity, as it begins when Cody posted the picture at the age of 17 and relates the ensuing four years to the present. But I would be happy to post it here if it would help clear the air.

    In the meantime, Tim McDowell wrote to the Governor of Arizona Janet Napolitano several days ago and brought us up to date 3rd inst: “I talked to Gov’s office yesterday and although the Governor cannot get involved in legal matters I was told to present the petition to the judge along with letters from family and friends. This will help in his immediate problem, getting released.” As well, the Governor’s telephone and fax numbers, email and snail address are listed, and several members of the site have undertaken to write letters, post the petition link, to both the Governor and Advocacy Organizations as well as on their own sites and blogs.

    Those of us who know Tim McDowell trust his integrity; he would never have brought the story to light if he had known what else to do, but his concern for his son Cody outweighed his reluctance to keep family matters within the family. We also trust Michael Brewer’s integrity. He has admitted quite openly he made mistakes, it was bad reporting, but he is wiling to do whatever is necessary to redress this. And Philly Lawyer has, in MHO, answered the questions that shed doubt on the veracity of this case. I trust this helps to put to rest the ‘urban legend’ label. Thank you.

  23. #23 |  KBCraig | 

    All the recent posts seem to come from a Law of Attraction network. That’s fine; such networks are an excellent way to multiply your forces. But not a single one of them seems to have any original knowledge of the case. They’re all building on “knowing” someone from a blog post in an online community.

    Not even all the facts are consistent. For instance:

    “cat” wrote:
    I can vouch for Michael Brewer and this is a very real and unfair situation. The story of his son’s plight…

    It wasn’t Michael Brewer’s son. This error of basic facts calls into question cat’s personal knowledge of the case.

    Not one person claiming to verify the story has provided a DOC register number for Cody (his inmate number), the name of the facility where he’s incarcerated, the name of the court, the case citation, or the dates –even just the years– of any of the events in Cody’s case.

    There’s a rule of thumb I use when evaluating the truthfulness of stories: the higher the ratio of dramatic narrative to verifiable specifics, the higher the likelihood you’re being taken for a ride.

    I don’t think Balko is being trolled by a faker here, but I suspect this LoA online community is.

  24. #24 |  Bob | 

    Yes.

    It seems clear that the LOA (Law of Attraction) community is being scammed by “Tim McDowell”. Why? I don’t know.

    Sorry, people (In LoA)… but you’re just too trusting.

    Look at the ‘BarelyLegal’ site… it has a copyright of 2006… but this alleged story starts in 2004. Several years before the site even started.

    ALL of the parties involved reference the SAME source… Tim. Who has no details.

    Answer me THIS, LoA proponents of this story… How many of you know Tim PERSONALLY… Not on line, personally. How many of you have met ‘Cody’?

    ‘Cody’ doesn’t appear to exist in the Arizona penal system. No evidence of any of this appears on the web.

    You people are being scammed.

  25. #25 |  cindy | 

    A very similar thing happened to my friend – also from the Barely Legal website. They charged him with numerous felonies, then dropped them after telling him his best bet was to NOT make waves! Then they charged him again with NEW indictments. Again, dropped (after months and months of anguish). Now they are charging him with 42 new felonies – and they refuse to tell him for what! His lawyer must always file a ‘bill of particulars’ to see what the exact charges are. He’s being harrassed by the system. He happens to be bisexual. This is an ongoing witch hunt! Every time I see people in the newspapers who plead guilty to charges of possession of child pornography now, I am skeptical. I know there are creeps out there, but I know my friend is NOT one of them – I’ve known him since we were teens. And guess what? We live in Biden Country – Delaware. What did Joe Biden’s son, Beau, run on in his bid for the AG’s office here? Clamping down on child pedophiles. BTW, Don’t go to barely legal – the FBI has a database of hundreds of thousands of under 18 pics, vids, etc. Some are from that website – the disclaimer will do you NO GOOD in a court of outlaws!!! Best to stay away from online porn sites of ANY TYPE as the FBI has no interest in shutting down the sites, nor does Beau Biden’s office. Please spread the word that this is going on!!!!!!! No one is safe from their malicious persecution – not gay, bi or straight!

  26. #26 |  Tim McDowell | 

    As Cody’s father this is all too real. Michael Brewer asked if he could step in and help and I thank him for his help. There are a few things I want to make clear first off this is no scam and I really have nothing to gain if it happened to be one. My son is in a Phoenix jail right now awaiting a hearing. (Lower Buckeye for those who want to look it up)

    This did start out as a stupid mistake on his part with his emailing the picture to a chat room but has become a tangled legal mess. My in intention was to bring to light of what can and will happen if you are not familiar (or prepared) in dealing with the legal system. Yes, it would be awesome if Cody would be freed but it’s not likely to happen. He’s looking at somewhere between 2 to 10 years if his lawyer isn’t able to get him released. Most people probably do not give a damn about his situation but there are some lessons here.

    His current violations are probation related, however, if he would have had a lawyer working on his behalf he would not be in this predicament. I am not going to say all public defenders are in this category, I am sure there are some great ones out there, but the ones Cody was assigned were little to no help with legal advice. This is only my opinion but they are paid by the state, seems they work for the state too. Only after we hired a lawyer did we find out how bad the advice was in his case.

    The fact that he is gay is also a concern and he does get treated differently because of this. He has had his share of teasing and name calling by some of the officers and guards and I am scared something will happen to him while he is in jail. That’s a concern I feel any parent would have.

    My friends in the LOA community have come together in support and advice in this matter. One suggestion was to submit his story to this site, which I did to Mr. Balko before the video came out. I have done the same with numerous other sites similar to this one. As for the video, Michael did this to help Cody on his own time without a second thought, again I thank him for that. The video is based on information that I can best recall, since he is over 18 I am not privy to his records, and Michael did great with what he had to work with. So any questions or remarks should be directed to me not him, don’t shoot the messenger here.

    You can take the story as you want to, believe it or not, that is up to the readers themselves to determine. My goal was to bring attention to a growing problem in our legal system and the probation department in Arizona specifically. Lifetime probation here seems to be the norm in this state. Had we known then what we know now Cody would not have had his probation transferred to Arizona.

    I appreciate all of the comments and hope this helped to clear up some of the grey areas.

    Tim McDowell

  27. #27 |  Tim McDowell | 

    As for the living on Catalina Island most of the folks that live on the Island are in the service industry and hold down at least two jobs to live there. This was my case for most of our years there. Yes there are others who either buy vacation homes or have businesses of their own but this wasn’t our case.

    The fact is we were led to believe the public defender would be the best choice, or at least an adequate choice.

    If you would like my phone number email me at mcdowell_tim@hotmail.com and I will respond to you.

  28. #28 |  Philly Lawyer | 

    KBCraig, I already told you that this case was happening in Maricopa County.

    Did you call the Maricopa county Department of Corrections?

    I suggest you do that before you call this a scam.

  29. #29 |  Philly Lawyer | 

    I resent being told I was scammed, especially by people who really have zero experience dealing with these cases.

    For example, the Larry Flint Barely Legal site may be from 2006, but the term Barely Legal regarding pornographic images has been around since before the Internet.

    That’s hyperbole.

    Since I do handle these types of cases for a living my question is whether this was something that was termed “barely legal” or from the actual Barely Legal website. I raise this question as this is what came to mind when this was mentioned as distribution of underage porn. Law Enforcement has a registry of the child porn images and they are tagged with hash marks.

    Mr. McDowell says this story is “based on information that I can best recall, since he is over 18 I am not privy to his records”.

    Quite Frankly, this is a case of bad reporting based upon information which isn’t very good. Mike Brewer should have checked his facts.

    But it is not being helped by Amateur sleuths who are not checking out the proper records.

    try Maricopa County.

  30. #30 |  Philly Lawyer | 

    Oh, yeah, I have met Tim McDowell offline.

  31. #31 |  Philly Lawyer | 

    Also, the critics haven’t mentioned any of my comments? curious as to why.

  32. #32 |  Philly Lawyer | 

    Maricopa County’s Website is
    http://www.mcso.org/index.php?a=GetModule&mn=Mugshot

    Mugshots reflect bookings within the last 3 days. Individuals booked prior to that time will not be displayed.
    PRE-TRIAL INMATES ARE INNOCENT UNTIL PROVEN GUILTY!

    You can call all the Maricopa County Jails if you like.

    In fact, maybe you should.

  33. #33 |  Michael Brewer | 

    Thanks Tim, Michael, MC and Cat. I hope all you skeptics will now stop attacking us and perhaps rally round and let´s see if there is anything we can actually do. I am sorry for the “bad reporting”, I suppose I approached this naively. Am going to take down the video, fix any mistakes and upload it again. Despite some poor jaded souls on this side, Cody really could use our help, even if just to know that people out there care. As he dad said, not sure if there is anything that can be done really in legal terms, but I have heard from Tim that our care and efforts to make this case known have heartened him when we was in serious despair.

    I think it is good that scams and legends be weeded out and can understand your concerns. If you have lingering doubts, Tim Mcdowell has offered his e-mail address and you can write and also get his phone. He can also provide any specific information you need, so if you are still skeptical and want to follow it up, then by all means do so.

    Now, can we get onto the subject of what, if anything might and can be done for Cody?`Does anyone have any ideas? Sigining the petition and further publicity might be two avenues, but we are open to ideas from more experience activists, as you can tell we are new to this…lol.

    Thanks guys
    Michael Brewer

  34. #34 |  Andrew Williams | 

    OK for Andrew Williams my info is michael@willdefend.com

    http://www.willdefend.com/Bio/JCBannerman.asp

    Well, thanks (I guess) for singling me out, Philly Lawyer (if that is who you are) even though I didn’t ask for your e-mail or website. However, I still don’t have answers to several of my questions. So I’m still skeptical. Some specifics would be helpful–dates for examples: dates of arrest, of service of warrants, etc. Those should be findable in the court documents.

  35. #35 |  Tim McDowell | 

    Andrew,(if that’s who you are) I will furnish you with any booking numbers and my phone number as well but I will not release my personal address to anyone I do not know. I don’t know who you are and what your vested interest you might have in this other than proving it’s bullshit. I assure you my son is in an Arizona jail right now. Like I said before it’s up to the individual if you believe it or not, I really don’t care either way. I am looking for support if you don’t support it… thanks for your input.

    As Michael said we will remove the current video and get our facts straightened out. Michael is very passionate about the rights of all humans, as we all should be, I am just trying to bring to light the crap we as Americans will have to deal with if we are not prepared.

    Cody’s lawyer just read me the allegations they (Probation Department) are bringing him up on, and being present for most of his appointments I know for a fact they are not true. They have already taken away his rights, do they need to take away his life too?

    Andrew, KB, Bob, and the rest… I’m not here to bump heads with anyone, and I my friends don’t want to either, I simply want what’s best for my son. The people who back me here I would never have asked for help if I did not trust them, (apparently they trust me too). I will continue with this effort, not only on Cody’s behalf, but for others who are in the same boat as he is in.

    As for the account they set up for Cody, the $685.00 raised so far is still in the account until Cody uses it or I refund it to each individual that donated to it. I don’t want your money (believe it or not) what I do want is support for my son.

    Until something like this happens to rattle your life like it has ours you may never understand it.Yes the video had it’s faults but it did get peoples attention, didn’t it? I will be happy to provide you with anything I can, but what are your intentions once I do? If you’re not part of the solution…are you part of the problem?

  36. #36 |  Michael Brewer | 

    Hello Agitators,
    I find it really interesting that the participants in this forum have been extremely active in questioning and accusing us, but since we explained the situation and have shown you all that this is not an urban legend or scam there has yet to be a single suggestion or any activism on behalf of Cody. Say a lot about the caliber of this forum.

    What’s up with that people?

  37. #37 |  Heather | 

    I know Tim McDowell personally. In the flesh.
    I am the person that started the on-line petition.
    Why?
    I have children and to have seen what has happened to Tim’s family…. and I am sickened by what has occured here.

    My children aren’t gay. But this could have happened to any family. And any child.

    I’m just learning how naive I’ve been. I had no idea that this sort of thing could happen in this country.

    I am not a ‘political’ person, other than to vote. I have never stepped up to voice this type of outrage my whole life. I’m your normal neighbor who usually just minds her own business and prefers that others do the same. But there comes a time when you open your eyes and look around and think “WTF?? When did all this start happening?”

    I also happen to know that Tim Is not a ‘Rich Boy’ living for four generations on the island of Catalina. He was employed by a company there. Just a working stiff, like anyone else. Like me. Like you.

    I would agree with Michaels post from above. You folks are more than willing to make accusations, but to step up?

    Ah well. You know what they say:
    “If you’re not part of the solution…

  38. #38 |  Bob | 

    Step up? Step up to what?

    Let me go over the details as I understand them… based on what you people have said.

    4 years ago, in 2004, this kid, (17 at the time) downloaded an unknown, unidentified pornographic image from an unidentified site on the web. Oh wait! It WAS identified… as Larry Flint’s “Barely Legal” site… but was then obfuscated to mean any web site when it was pointed out that the specified site might not have been around at the time.

    At which point, despite any concept of common sense… he uploaded said image to MySpace. No wait! It wasn’t MySpace. Despite any concept of word recognition, Micheal Brewer apparently misheard “Chat Room” as “MySpace”. And it wasn’t ‘uploaded’, it was sent through email… to an unidentified chat room. Whatever the hell that actually means. Bear in mind that we still have NO idea what was in the image, and that you don’t ‘email’ images to chat rooms.

    Anyway… he was somehow arrested for that because, apparently… the image contained actors below the age of 18… which is a serious crime. But! He got lucky! Pulled a sentance of 2 years of probation. This is lucky! if you get SERIOUS FASCISTS for prosecutors… and you do this in the wrong state, you can get 10 years per image! Woo! Luck for Cody!

    Let’s review what we have at this point. The kid, Cody… has now dodged serious jail time for distribution of underage porn by a plea bargain, netting him 2 years of probation instead.

    Then the parents move to Arizona. And Cody moves in with the Grandparents.

    But then… Cody gets homesick for the ‘rents… and wants to move to Arizona.

    Then it gets weird.

    He negotiates a deal to ‘transfer’ his probation to Arizona… which, instead. results in his getting LIFETIME PROBATION in Az, plus some TRIPLE STRIKE deal that lands him in jail waiting for a hearing.

    Is that about right?

  39. #39 |  Heather | 

    Yes, a 17 year old boy sent an inappropriate image through an email and now he’s facing 10 years in prison. Word it in any fashion that makes you feel better about yourself, Bob. Whatever it is that makes you feel that you hold the superior intelligence here.

    You’ve left two messages calling this situation a hoax. You left a third saying it’s a scam.

    You were given an opportunity to speak to Mr. McDowell personally. He offered you his phone number. You were given the information to call the Maricopa County jail and ascertain some facts yourself.

    I can’t see that you’ve done anything but sit there and criticize us for our attempts at correcting a wrong.

    I could apologise for our clumsy attempt at gathering support for a young man that needs some help. We are not professionals at this. We’re pretty naive. Sorry about that. Next time we’ll come in with some slick copy and all our ‘t’s crossed and i’s” dotted. I didn’t realize that was required.

    Feel better?

    Now you can go back to sitting at your little keyboard and feel smug that you ‘shot down’ a hoax. Great work! Everyone’s proud of Bob!

  40. #40 |  Michael Brewer | 

    Bob,
    If this was a straight-forward, uncomplicated and just situation, none of us would be here talking about it. As it stands, it is anything but.
    However, with people like you wasting our time questioning the validity of the situation, hitting out at those who are trying to help and generally being obstrusive…you are indeed part of the problem and not part of the solution.
    Great Bob, what a comfort you are and what a joy you must be those in your life.

  41. #41 |  Bob | 

    You know. I’m going out of my way to look like an ass, here. And I’m doing it for a reason. I’m actually trying to help you guys here.

    Noone is going to ride in on a white horse and save your boy Cody. Neither are pointless efforts like ‘Internet petitions’ going to help.

    Neither are you people not knowing anything about the case goinng to help, either.

    Look. I’m not going to call Mr. Mcdowell on the phone. Why should I? I’m not being paid to execute enormous effort here. Likewise, I’m not going to call the Maricopa authorities for the same reason. I did all the research I intend to do… and that was a few simple google searches.

    And after all that, I have NO REASON TO BELIEVE that Cody’s issues aren’t a result of his own stupidity.

    The only reason I’m still here, is the fact that a lot of pornography laws are clearly stupid. There are a TON of religious nuts in this country that support any legislation against it. There is no question that Cody’s situation is unfair… but at the same token, IN ORDER FOR YOU TO HAVE A CASE that Cody has been mistreated, you must demonstrate that his treatment has been unlawful.

    And by unlawful, I mean unlawful in terms of the constitution as it relates to the laws Cody has been charged with.

    And you ain’t doing that with the mickey mouse account you have so far presented.

    If you want a legal professional to dig through the muck, THEN HIRE ONE. If you want the common herd… like me… to have emotional purchase to Cody’s plight… then you need to present an honest, accurate time line to the case.

    Start a web site, put an accurate time line in it. That’s what I would do.

  42. #42 |  Marchell | 

    I have a suggestion, as opposed to questioning the validity of the story ask yourself what if……

    Ask yourself what if this story is true, what if there is a young man in prison being held based on the an act that was committed when he was a teenager? Ask yourself why we have laws and rules that prohibit teenagers from entering into contracts (because of ineptitude) ……ask yourself how you would feel if this were your son or daughter.

    Now ask yourself how you would want others to respond and support your efforts if this were your child. Please don’t let your personal feelings cloud your judgment of what is right and what is clearly wrong.

    Corretta Scott King, widow of the late Dr. Martin Luther King Jr. stated it very clearly when asked about this topic of why she felt the need to support “gay rights”

    “I still hear people say that I should not be talking about the rights of lesbian and gay people and I should stick to the issue of racial justice,” she said in March 1998. “But I hasten to remind them that Martin Luther King Jr. said, ‘Injustice anywhere is a threat to justice everywhere.’ I appeal to everyone who believes in Martin Luther King Jr.’s dream to make room at the table of brother and sisterhood for lesbian and gay people.”

    2000 years ago we targeted and hunted “witches”, at the turn of the century we killed African Americans for no good cause, and today we are turning our discrimination towards gays and lesbians. We already know how this type of thinking can end…..Hitler gave us a glimpse inside.

    Today it’s gay people, and without standing up and saying “NO” tomorrow it is overweight people, then maybe “uneducated people” and as we start to move from quantitative measurements to dole out our discrimination to those more qualitatitve and more subjective criteria….who gets to decide?

    Who decides who is smart enough, or attractive enough, who gets to decide who has the right to be an AMERICAN and to equal protection under the law???

    I will leave you with this….in the late 80s early 90s it was discovered that in Sweden doctors at the request of the gov were STERILIZING men and women that did not fit a predetermined criteria of acceptability UNBEKNOWNST to those couples. (brown hair, too short, not attractive) When women would visit for a basic annual exam (papsmear) they were being sterilized……. For years these couples tried to have children…t the most basic of human need….to create life beyond their own and they could not.

    WE ARE NOT EUROPE, WE ARE PROUD AND WE ARE AMERICANS!!!! WE DEFEND THE RIGHTS OF ALL AMERICANS, BECAUSE WE KNOW THAT INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE…..IF YOU LOVE THIS COUNTRY, IF YOU WANT AMERICA TO CONTINUE TO BE AN EXAMPLE AND A BEACON OF HOPE TO THE REST OF THE WORLD….. I BEG OF YOU……..PLEASE DON’T LET THIS HAPPEN IN AMERICA.

    Sign the petition and write the Governor ….

    http://www.ipetitions.com/petition/Free_Cody_McDowell/

    Write the Governor

    The Honorable Janet Napolitano
    Governor of Arizona
    1700 West Washington
    Phoenix, Arizona 85007

    Telephone (602) 542-4331
    Toll Free 1-(800) 253-0883
    Fax (602) 542-1381

    Thank you

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