TheAgitator.com
What Equal Justice Looks Like in Reading, Pennsylvania
Thursday, September 17th, 2009Reader Steven Haver points to two stories from yesterday’s Reading Eagle that apparently ran on opposing pages:
The first story is about Jeffrey Madeira, who was convicted and served time for taking explicit photos of a then-17-year-old woman. The woman is now his wife. Madeira failed to notify local authorities when he moved, as he’s required to do as a registrant on Pennsylvania’s sex offender list. After he was convicted of the failure to notify, a judge went “easy” on Madeira, sentencing him to one to three years in prison. An appeals court overruled, and said the judge was mandated by law to sentence Madeira to a minimum of three additional years in prison.
The other story is about Jason Wink, a police officer who was fired after wagging his penis at a superior and in front of another officer. I’m not familiar with Pennsylvania law, but I would think that exposing yourself to co-workers in an office environment would qualify as some sort of crime, likely a sex offense. But Wink was never charged, only fired. This week, an arbitrator ruled Wink must be reinstated with full back pay and seniority. Despite the fact that Wink had prior disciplinary problems, the arbitrator found that “officials did not meet the progressive disciplinary guidelines, which involve a series of verbal and written warnings.” Apparently, the first and possibly second penis-waggings are free.
I’ll leave it to you to draw your own conclusions about what these two cases say about proportionality, justice, and equal administration of the law.
Proportionality???? There is no such thing when it comes to which side of the blue line you are on. And no politician, anywhere, has the guts to say our sex offense laws are not working and in some cases are certainly inequitable. Well, at least that’s if you are not a cop…
The first guy took naked pictures of a CHILD and moved all over the state, not telling anyone where he was. That puts all of the children at risk.
The second guy just waved his penis at other cops. That only puts cops at risk. And cops aren’t kids.
See, when we do it for the children, it doesn’t apply to police. Totally proportional.
@ #3 | SusanK :
I vote we destroy the first guy’s camera so that he can’t take pics of children anymore. Then we destroy the second guy’s penis so that he can’t wave it at anyone anymore.
That works for me.
SusanK: You’ve got a fucked up definition of the word “child”.
Forget the cop story. It’s such a standard picture of AFL-CIO America it’s hardly worth mentioning. But it does make a nice compare/contrast story.
The story about the “sex offender” alone is painful to read. Next time you hear the words “for the children” remember it means that a man should spend six years in prison because he failed to fill out a form after being convicted of taking lewd photos of his wife when they were still dating.
Full back pay! Full back pay! Full back pay! Full back pay!
Again, as a very, very lazy individual I must some day gather the strength to get a cop job and then do something to get suspending with pay, suspended without pay only to get full back pay at a later date, or just sleep in my car while dudes lay asphalt.
Mandatory sentencing is about POLITICS, not justice, not express legal system, just POLITICS.
Am I the only person who thinks SusanK was being sarcastic? I mean seriously, the comment opens with “CHILD” in all caps referring to a 17 year old and closes with a “for the children” remark.
Other than that, more of the same. Sadly, if I ever have kids, once they’re teenagers, I’ll probably spend more time worrying and warning them against being destroyed by our justice system for unapproved drug or camera use than I’ll spend worrying about all other possible causes of death and injury combined.
No.
So you’re telling me it’s cool to whip it out in PA? Why the hell do I live in Mass?
I thought (and still hope) that SusanK was being sarcastic, but the last time I came to somebody’s defense on this blog because I assumed they were being sarcastic, I turned out they were dead serious. The world is a twisted place…
The United States is a country of laws, not a country of justice. Yes, the intent of laws (originally) was to ensure justice. However, as time has passed, they have morphed into something toally different.
A law is nothing more than a tool. Just like a hammer or a screwdriver, they have an intended purpose. The problem is that the purpose has changed for politicians. To them, laws are a tool to get elected or re-elected, not to ensure justice.
We (the people) can change this, but we’re too lazy or “busy” with our iPods, HDTVs, and pr0n to do anything about it.
Proportinality? Equal protection? Not in this society. Because, you know, they’re up there and we’re down here. As soon as we bow to our blue-clad overlords, the sooner we can … No, wait. They won’t let us do that. Um…the sooner we bow….Oh no, wait. We can’t do that either. I suppose I should be thankful that I’m allowed to bow at all.
What happened to Madeira isn’t at all funny, but this is….
It’s always that 3rd penis wagging that gets ya
Calling it a country of laws is generous. When I think of laws, I think of things that are immutable and apply universally. Properties of gravity and thermodynamics are laws. Behavior guidelines other people write down and enforce on us are rules. When your parents told you you had to be home by 6 for dinner, it wasn’t a law, it was a rule.
This is a country of rules. A country of rules with abusive parents.
I have no words.
Anyone else notice the comments on this web page taking a turn towards the negative when it comes to the cops? In the past, most people around these parts used to tacitly approve of the “not all cops are bad, but this one is” isolated incident mentality. Recently it’s been nothing but “f the police, what they stand for, and what they do. also, the ‘justice’ system.”
I’m not criticizing my fellow agitators…I have made that drift in my thinking. Seems others have too.
Maybe it was the Ryan Frederick case. Jesus, that trial was way back in January.
omar: If anyone still believes these are “isolated incidents” perpetrated by “a few bad apples”, I have a poker game they should get in on.
@16 – sure, but how long do you expect Agitators to maintain an “isolated incident mentality” when stories like this are (dick)slapping us in the face day after day after day?
This is about as isolated an incident as the bad apples in ACORN offices.
I’m sure she’s just salivating at the thought of trying to break up this marriage for another notch on her belt. While she’s in prison, she’ll probably just do a little business on the side trying to act as his wife’s counsel in a divorce proceeding.
Assuming SusanK was being sarcastic?
The only good thing about this story is the name of the penis-wagging cop: Jason Wink. Sounds like someone from a 70/80s Brit “naughty” (soft-porn) comedy.
Radley used the appropriate words, “17-year-old WOMAN.” Who by the way, helped to fascilitate a crime (a bogus as shit cime) but received no punishment best I can tell. Only the MAN (not considered a boy/minor in this case) got the shaft so to speak. Just thought I would point that out as long as we’re talking about disproportionate justice.
Dick=criminal
Pussy=victim
Consensual=not applicable
Ok, trying find some perspective: despite all the abuses of power chronicled on this blog, today September 17 is the anniversary of the Soviet invasion of Poland. Compared to what the Poles went through, we still have it pretty fucking good here in the USA.
#16–I still believe that only a small minority of cops are actually framing innocent people, beating handcuffed suspects, stealing from evidence lockers, etc. Change in my thinking has focused on the cops who don’t actually do this stuff, but look the other way, cover for their buddies, etc. They too are part of the problem.
From the Wink article:
Seriously?!? It took this guy 2 weeks to report a “flashing” and then thought that it MIGHT be a crime? If I exposed myself to someone on the street (or in my office for that matter), I’d be arrested for indecent exposure (at the very least) and probably sexual harrassment. Wink didn’t need to be fired, he needed to be brought up on charges and made to register as a sex offender for the rest of his life.
As for the second paragraph, why didn’t they give him a final written warning concerning his wagging of the wanker and then fire him for being 1 second late the following week?
America is a class-based society. I’ll try to break it down for everyone in order from highest class to lowest. Race does play a part in bumping one’s status up or down a bit, but not too much (it’s a plus to be white, slightly less to be asian, a minus to be hispanic, black, indian, etc.)
Wealthiest families/Banksters/High-level religious leaders
Secret government (CIA, Secret Service, black ops)
Military officer corps
National elected government/appointees/bureaucrats
Wealthy families, corporate officers, mid-level religious leaders
State elected/appointed/bureaucrats
Rich families
County elected/appointed/bureaucrats
Federal/State/Local law enforcement officers
Upper middle class families, usually but not necessarily white
Military enlisted, local clergy
Middle class families
Welfare/government subsidy recipients
Lower middle class families
Poor families
Illegal immigrants
Homeless
Prisoners
Slaves (private)
Locate yourself on the chart. If you are below law enforcement officers, then please do not be surprised at how you are treated. It is to be expected. Also note the infrequency of prosecution among the classes above law enforcement. Gee, wonder why?
I’ve pondered America for some time now. America is interesting in that there is a certain amount of class mobility. One can rise from the very lowest of slavery to aspire even to national elected office with a bit of luck and determination, but the only overt limit kicks in on entry to the very highest classes of military officer corps, secret government and ultra-wealth or religious leader.
One interesting form of class mobility is that of a poor black person, whom one would statistically expect to find among the lowest six classes, rising to the level of military enlisted or even law enforcement. It is noteworthy that blacks are the likeliest Americans to receive the death penalty, but this risk can be entirely eliminated by rising to the class of law enforcement. This is a nice little form of reparations that America bestows on its former slaves.
So, this story from Pennsylvania should be unsurprising in the extreme. Isn’t a daily read of The Agitator proof enough of America’s class system? If shining the light of day on the inequity doesn’t change anything, then what will?
@Nando,
If the law is a hammer, why does everything it comes into contact with look like a nail?
No down-arrows allowed. Contest the thesis.
#23: Google the guy’s name. He was 25 at the time. There’s also an interesting bit about the terms of his probation that the judge set.
I’m not sore sure military enlisted should be so low in the hierarchy. Police harass them sometimes when they’re isolated and off duty, but then they nailed the Calvos too, and a congresscritter here and there has been known to face charges. Were they to be deployed domestically they’d more than likely be very clearly higher status than the police.
it’s funny how in many states 8, 10 and 12 year olds are only considered children until they are accused of a crime, then they become adults, overnight. At that point they are tried in adult court and subjected to adult minimum mandatory sentences including LWOP and many are sent to adult prisons where they are raped, beaten and commit suicide at high rates. So much for the children.
A 17 year old is considered an adult in most every state now when he/she is accused of a crime and is automatically waived to adult court and sent to adult prison where they are subjected to rape, beatings, and suicide. It all comes down to what the desired result is by the state and who benefits from it as to whether you are a child or not.
“Compared to what the Poles went through, we still have it pretty fucking good here in the USA.”
Yeah, and the Poles probably had it pretty fucking good compared to some poor shmucks in Africa or China…
Wink. Wink. Nudge. Nudge. You know what I mean?
/Monty Python
This is what really irks me. There are some *seriously* screwed up people out there who harm children. Hell, look at that freak that was keeping the woman in the garden shed for 15 years or whatever. *That* is a sex offender.
This guy. Bah. If we water the term “sex offender” down to this level, we have to come up with another term to describe actual sex offenders.
Today is also Constitution Day. And obviously ignored by even libertarians.
Has anyone ever tried to appeal a conviction for taking explicit photos of someone under the age of 18, yet above the legal age of consent for sex in which the photos were taken?
It’s insane that in Pennsylvania, a 16 year-old girl can consent to sex with a 25 year-old male, but can not consent to the event being recorded on film.
Omar:
The problem is not so much that there are bad cops. If you have a large grouping of people, the probability approaches 100 percent that at least one (and probably more) are douchebags of various levels.
The problem arises when the bad cops are not disciplined. There is an unfortunate and ugly pattern of ‘our internal investigation showed no misconduct’ cropping up when the douchebags misbehave. Only in situations where their actions are so egregious that they CANNOT be ignored are such troublemakers dealt with — and sometimes it amounts to a slap on the wrist.
Police need to take heed: when you protect a fellow cop who has stepped out of line, you are staining yourselves with his sins. And thus, whatever contempt or mistrust the public has for your less than noble colleague will transfer to you. Is that truly what you want? To bear the same scarlet letter as the thug in your precinct? Is your ‘thin blue line’ worth your self-respect and honor?
Windy, considering the Constitution came about as a result of a constitutional convention (con-con) originally intended to fix a few relatively minor issues with the Articles of Confederation, I’d like to think that you’ll forgive a few of us for respecting the Constitution as “the best we’ve got” without going bonkers over the result of a bait-and-switch.
…yet above the legal age of consent for sex in the state which the photos were taken?
Lack of a preview button, I curse you!
Guess I haven’t commented much lately, but anyone who uses “for the children” and sounds half-way serious does deserve to get negative karma.
Sorry I didn’t use the sarcasm font.
Sorry Susan, I didn’t realize it was sarcasm until after I gave you a thumbs down. I’m sure a lot of us did that too. Knowing your usual posts I should have known better.
Agreed about the military enlisted, JOR. Another group I neglected to include is union labor, which has a class status around upper middle class, especially if it is a public union.
There will always be exceptions to the rule. Elected officials will face prosecution, but only for challenging the order. LEOs will only face prosecution if acting for personal gain, out of official capacity and with clear malice. But the very highest classes are de facto immune from prosecution, at least as the proles understand it. There may be some kind of shadow justice system amongst themselves, kind of like omerta in the Mafia.
#36 Is there any reason to celebrate something that politicians print on rolls of toilet paper so they can wipe their ass with it?
#36 | Windy — “Today is also Constitution Day. And obviously ignored by even libertarians.”
IHO Constitution Day, I give you this gem from Lysander Spooner:
“But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.”
If I had a million dollars, I would offer it as a prize to anyone who could logically disprove the soundness and validity of that statement.
Oh, and on the subject of police misconduct:
http://troylaplante.blogspot.com/
“Those tea baggers, they got what was coming.”
Full back pay indeed. And probably a full pension.
Can anyone point me to any other profession besides policing where you have (1) guaranteed perpetual job security, (2) complete impunity from any wrongdoing on the job, (3) retirement with full salaried lifetime pension as early as your mid 40′s, and (4) all of it completely and 100% subsidized by the taxpayers?
Not even the lazy bureaucrat at the DMV desk gets it that easy, as they at least have to stick around till a more realistic retirement age.
Cops literally spend their ENTIRE adult life on the public dime (including half of it as retired pensioners) and it’s impossible to forcibly remove them from it. There simply isn’t anything else out there that’s comparable…unless you go to the line at the welfare office.
I agree with the boycott. Force must be met with force and a boycott is peaceful, merely the assertion of the natural right of association.
I hope all of those businesses go under, the town loses its tax base and ceases to exist, putting the thug cops out of work temporarily until the tax-feeders can find another victim’s blood to suck.
As Metallica wanted to call their first album — Fuck ‘Em All.
In the future the supervisor should keep in mind the possible ramifications of kicking that dipshit in the nuts. And by ramifications I mean reinstatement and back pay.
I think everyone needs to see the pictures of the young woman, before we can make informed comments.
Also I think the arbitrators are of the rock out with your cock out philosophy, popular in many high ancient cultures.
Cynical, you’re chart is off because it confuses the two factors of class in the US, rights & privileges. Your highest class may have the most privileges (no need to quibble over details) but the rights they hold are far below those of an ordinary bureaucrat. Bill Gates may be able to bypass customs and that jazz, but if he gets into a fight with a customs agent where they are equally culpable, the bureaucrat will not be the one taking a perp walk. Power is a separate issue from class in the US (some of the most powerful people are in the lowest classes). As a quibble, you should put somewhere in the class list ex-cons, and sex offenders who would rank below slaves (at least if a slave were to buy a house he would be allowed to live in it).
What a vicious evil creep the prosecutor is. She appealed to maximize the harm that she did. Why? I don’t know but it certainly wasn’t for the benefit of the supposed victim. Was it to make a public demonstration about how concerned she was about sex abuse of minors? Hand her over to the wife of her victim to do with as she pleases. I say this because any claim that it is for the benfit of Mrs. Madeira is a presumptous insult to her.
pam,
Very good observation. It’s something I’ve thought about myself. The poor “children” aren’t children anymore when doesn’t suit some prosecutors purpose or next re-election campaign.
“The first guy took naked pictures of a CHILD and moved all over the state, not telling anyone where he was. That puts all of the children at risk.
The second guy just waved his penis at other cops. That only puts cops at risk. And cops aren’t kids.
See, when we do it for the children, it doesn’t apply to police. Totally proportional.”
The best satire is not super blatant. Makes you stop and think.
Way to go Suzy-Q! Nice post.
SusanK: This is the problem with the internet. Somebody-Or-Other’s Law, (I can’t remember who right now) “There is no viewpoint so outrageous that when expressed as sarcasm will not be taken seriously by someone–Because that person has seen it expressed before seriously.”
*sigh*
You were speaking sarcastically, I accept, but I’m sure you and I both know it wouldn’t take long to find someone who really felt that way.
Sorry “Cynical in CA” but you are an obvious neo-commie. How do I know? Because your class system only has appeal to a “typical” bourgeois American. Where is the CELEBRITY in your class system? You conveniently left out the Übermenschen of American society, the Hollywood celebrity. But they don’t often disagree with you worn out, apparatchik dribble, now do they? So we won’t include them in our little list of overprivileged person like police officers who make a lousy hourly wage and are hated by EVERYBODY in America, now will we?
Thanks Max for pointing out my conflation of class and power. While I believe in most cases they run together, your examples do ring true, though I think if Bill Gates made it through his fictitious encounter with said customs agent alive, he’d make life f’en miserable for the agent through his contacts in high office.
Yeah, once you get down to sex offenders, ex-cons and slaves your really just splitting hairs. Lump them together in an underclass.
Obviously amateur pornographers need a better union.
yep, when in doubt WHIP IT OUT
“Sorry “Cynical in CA” but you are an obvious neo-commie. How do I know? Because your class system only has appeal to a “typical” bourgeois American.”
This conjunction makes me think Pigpen is trying to be funny. Obviously someone whose ideas are rooted in bourgeois class consciousness is a Communist.
“Where is the CELEBRITY in your class system?”
Maybe celebrities are accounted for and divided among the listed classes?
[...] Reading, Pennsylvania: Where you get three years in prison for taking consensual nude pictures of your girlfriend, but cops who expose their penises in the office aren’t penalized at all. [...]
[...] Radley Balko: “What Equal Justice Looks Like in Reading, Pennsylvania“ [...]