Latest news: Felony conviction upheld
http://www.wmur.com/news/felony-conviction-upheld-in-prep-school-assault-case/35946008
I think the Labrie decision not to dismiss the verdict was the right one.
I have a lot more sympathy for the Indiana kid. And he ended up getting probation with no sex offender registration in Michigan and probably only during probation in Indiana.
The weirdest part of this whole thing is he can’t live at home with his parents because their house is too close to a boat dock. So, his parents had to find a house for him .
This kid was a CS major at a community college so if the sentence had not been changed that dream was out the window since he wasn’t allowed access to a computer. (He was forced to start his sentence immediately, even though he had only 2 weeks in the semester before exams.) He was also barred from public parks—his passion is skateboarding.
I think the girl’s mother did the right thing going into court to say that she didn’t think Zach should be punished because she knew her daughter had lied and he really didn’t know her age.
So I guess the next step is sentencing which should be interesting. Am sure an appeal will be filed with the NH Supreme Court in any event. I read that his lawyer is also going to seek clemency from the Governor of NH on the felony conviction issue.
Local TV station said sentencing will be next Thursday, 10/29, which was the date mentioned when the verdict came out.
I think the Labrie felony conviction is nothing short of revolting. The judge and the prosecutors should be ashamed of themselves, because they KNOW that they are willfully misapplying a law that was not intended for this use. I am sickened. I hope that the governor is will and able to grant clemency on that one charge. He deserves to be punished. He does not deserve that.
I am also sickened that the kid in Indiana was prosecuted at all, much less found guilty of anything.
“soliciting sex from strangers on the internet”
Well, they met online and went on a date. The judge used that kind of language to describe online meetups, but the judge is an idiot. I met my husband that way.
The only thing about the outcome of the Labrie case (so far, who knows what will happen on appeal) that bothers me greatly is the “sex offender for life” status. That’s just way overreaching for the teenage crime of arranging a hookup over Facebook or whatever they used, even if you do see what Labrie did as pretty foul (which I do, given the age of the girl at the time).
I don’t really fault the judge for applying the law as it was written; that’s his job, and the wording of the statute does not leave much room for judicial interpretation. That said, it will be interesting to see if the appellate court, or perhaps even the legislature, intervenes with a reversal/statutory amendment. I, for one, hope that they do on that particular issue.
Personally, I don’t mind seeing the kid do a little bit of time as a cautionary tale for other young men. But it’s nuts to put him in the same category of what I think most of us think of as a “registered sex offender.”
Could someone well-versed in NH criminal law outline the next steps after sentencing?
I know there would be a direct appeal.
Is there anything other than seeking clemency after the direct appeals (and then going to the NH Supreme Court) are exhausted?
Obviously it’s several procedural steps away, but does anyone think Labrie would actually be granted clemency by the governor should it come to that? I would think that if such a thing happened, it would be many, many years down the road – not any time soon.
The quote below is from theguardian.com today. I remember this being mentioned immediately after the verdict as well. So, Labrie could petition to be removed from the sex offender list 15 years in. His misdemeanor charges look like they get him 10 years on the registry regardless of the felony conviction. So, he has an extra 5 years of registry over the misdemeanors with potential to get removed from the lifetime registry at that point. I could see that happening in 15 years. I would think immediate clemency from the governor would be very unlikely.
But, I’m definitely no expert on legal matters.
“Labrie, now 19, faces a sentence that could range from probation to up to 11 years in prison. Labrie, who had no criminal record, will be able to petition the court to be removed from the sex offender list 15 years after the end of his sentence on the felony charge. The misdemeanor convictions require him to register for at least 10 years.”
http://www.theguardian.com/us-news/2015/oct/20/owen-labrie-must-register-sex-offender-judge-upholds-conviction
Some more color on the judge’s ruling:
"Larry Smukler, the presiding justice with Merrimack County Superior Court, ruled Tuesday that Labrie failed to prove that he didn’t commit the felony, nor did he prove that the punishment violated his rights.
Yet Smukler agreed with Labrie’s claim that had he simply communicated by means other than email and Facebook messages, “his conduct would not have run afoul of the statute.”
“He could have used the telephone or engaged in direct face-to-face conversation. He also could have used a quill pen and parchment. The legislature has rationally recognized, however, the danger posed by the use of a computer or the internet, which combines the immediacy of conversation with the distance of a written communication conveyed by post,” Smukler wrote.
The court will still consider Labrie’s argument that the felony conviction is “disproportionate to the underlying conduct” during sentencing
“Beyond that, the defendant lacks a judicial remedy,” Smukler wrote. “The severity of the statute is properly a legislative issue. Given the existing statutory language, the defendant’s avenue to address his conviction is to seek clemency from the executive branch.”"
Interesting that Judge Smukler found that the legislative intent was to punish computer/internet use on the ground that the “immediacy” of such conversation is what poses the danger.
To me, it’s not the “immediacy,” but the anonymity of that mode of communication that poses the danger (i.e., you never really know who you are talking to over the internet)… which is certainly a danger when young people or unsuspecting women are lured by sex offenders. Of course, in this case, that type of danger was not present.
Article - chances for pardon are “slim” to none (and Slim just left town)
http://www.wmur.com/news/history-says-owen-labrie-has-slim-shot-at-pardon/36040206
Labrie’s attorney going on the PR offensive before tomorrow’s sentencing:
Even taking several weeks “off” from this case, when I come back to it I still maintain that jail and 15 years of registry on the sex offender list are not disproportionate to this crime.
"“He is certain to have a romantic relationship that suggests the possibility of marriage, and the day will come when he has to inform her that he is a registered sex offender,” Carney wrote. “Owen may have children who wonder why their father, who was such an accomplished soccer player, doesn’t volunteer to coach their teams.”
Cry me a river, counsel.
Article with details on the location of the chapel he built and where he’s been living:
I think he should get some jail time not the whole 7 years but at least 6 months.
I’m going to get bashed for saying this, but I think his attorney is absolutely correct; Labrie deserves counseling, probation and endless hours of community service, but not jail or the sex offender registry. He was acquitted of felony rape charges. While I believe that he proactively targeted this younger girl for sex with the nauseating “Senior Salute”, I think the testimony was murky enough to show some doubt about what actually took place. I have a teeneage daughter and Labrie’s conduct disgusts me…that being said, I think that the punishment he’s facing tomorrow is a travesty. With his St. Paul’s education, wouldn’t the world be better served by having him teaching adult literacy in a disadvantaged area for the next few years than rotting in jail? I have trouble believing that even the victim would want that.
I am going to be surprised if the judge gives him any meaningful jail time - maybe 6 months at most if any at all. I am not going to comment further on what I think he deserves, since I know if this were my own son I would be doing everything in my power to effectuate leniency. Would seem hypocritical for me to say they should throw the book at someone else.
But given the opportunities and advantages this boy was given by St. Paul’s, it is hard for me to stomach what he did to a member of the very community that provided such support to him. He “took” generously and felt no obligation to give back. He in fact did great harm in return. And he broke the law, which all boarding school males are educated on from day one. Not sure how one weighs that in terms of a sentence, but if I were the parents of that young girl I am sure I would have some ideas.
@catlady, I can agree with you that his intellect means he potentially has a lot to offer to society if he uses it for social good, but I don’t think the fact that he is smart means he automatically should avoid prison.
Agree with @HarvestMoon1 that opinions about the punishments in this case are tricky when one has a teenage son and a teenage daughter. If I were the misdemeanant’s mother I too would be doing everything I could (legally and morally) to work towards leniency.
@catlady So, you think that if you are smart and well educated, you shouldn’t have to go to prison. Nope. Not buying that. A jury found beyond a reasonable doubt that an 18 year old had sex with a 15 year old while knowing that the age of consent in NH is 16 and that she was underage. Moreover, this wasn’t a spur of the moment decision; he targeted her for months.
As one of the commentators on Boston(Globe).com said the next time some inner city kid is convicted of statutory rape, tell him his punishment is that he can’t go to Harvard or coach his future kid’s basketball team.
Seriously, do you think that working class people are going to think the law treats everyone equally if this kid gets probation? Do you think the next time a 15 year old girl is raped by an acquaintance she’s going to report it if he gets probation?
This case isn’t just about Labrie. It’s about the brave young woman who reported the rape and went through the trial. It’s about the next 18 year old guy at a prep school or college who decides he’d like to “bone” a 14 or 15 year old girl and thinks, hey,if I get caught, the worst that will happen to me is probation. It’s about the next victim of a sex crime. (How often do posters on this site say the criminal justice system should be the only forum for dealing with sex crimes?)
And, like it or not, it’s about the system. It may be a dirty open secret but reality is that the way our system works is that if you are guilty you get your best shot at the lightest sentence if you admit it early on (but only after engaging an attorney to negotiate for you) and accept a plea deal. Labrie was offered one. The one he was offered would not have required sex offender registration. He turned it down. He gambled that he could talk his way out of it and that the victim would not be willing to go through the hell of a trial.
He lost the gamble and now he has to pay the price.
Personally, I think he and his mother should be tried for obstruction of justice for the attempt to delete messages from his computer.
I’m not the judge of course but if I were I’d give him at least one year in prison.
@catlady I’m of the same mind. This young man’s crime was horrendous; that being said, he’s young and putting him on probation with counseling and requiring much community service seems like a better way to allow hims to give back for the wrong he has committed.