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May 12, 2005

Jetseta Gage: Violated Once Again -- Even In Death

If you're like me and your faith the in criminal justice system is about as low as it can go, I'm about to deliver the death blow.

Apparently, if you're an "alleged" pervert in Iowa who is about to stand trial for raping a little girl, it comes in real handy if your brother "allegedly" rapes and murders that little girl first because your attorney can then argue that your right to cross examine your accuser is being violated:

An attorney for James Howard Bentley, 33, argued in a brief that use of the tape should be barred because it violates Bentley's Sixth Amendment right to cross-examine his accuser.

Bentley is charged with second-degree sexual abuse in Linn and Benton counties based on allegations he molested Jetseta at his Vinton apartment and her Cedar Rapids townhouse.

Bentley's brother, Roger Paul Bentley, 37, is charged with kidnapping and murdering Jetseta in late March.

At issue is whether an interview with Jetseta, taped last November, regarding her "alleged" rape at the hands of James Bentley will be able to be used in place of in-person testimony:

Prosecutors in the James Bentley case said the videotaped interview with Jetseta is an exception to laws that bar videotaped testimony because it is non-testimonial - meaning Jetseta did not know it could be used in court, according to a brief filed Wednesday by Benton County Attorney David Thompson.

Also, Jetseta's descriptions of sexual abuse have the "ring of veracity" that indicates how central the tape is to the prosecution, Thompson said.

Jetseta told interviewer Roseanne Matuszek that James Bentley would play "sex" with her, describing in detail the activities, according to Thompson's brief.

Well DUH!!!!! The little girl was "allegedly" raped and killed by this pervert's brother, for God's sake! She can't testify, SHE'S DEAD! This prosecution argument is probably the most common sense argument I've ever heard for making an exception to a law that bars video-taped testimony. As far as I'm concerned, this is a no-brainer. Let's hope the judge sees it that way.

I'm sure that this scenario isn't unique to Iowa. I'm absolutely certain that you can find ridiculous instances just like this one in nearly every court jurisdiction in the land. But don't try to tell me that we need to do a better job of protecting the "rights" of the accused when we have crap like this going on. And I know these people are entitled to a competent defense but how could you sleep at night after defending vermin such as these brothers? And how can we say with a straight face that we are doing everything we can to protect our children when we have this kind of nonsense going on in our courts?

Source: Des Moines Register


Posted by Steve at May 12, 2005 01:33 PM

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Comments

Pardon My English - "Conservative New & Opinion...and juicy tidbits from rape cases"

Steve - I know you're upset, but -

1) This person is on trial and has not been convicted yet.

2) The accused have rights.

3) The accused's attorney will do what they can to defend those rights.

4) The judge hasn't ruled on the motion yet.

---

Are you looking for something to be upset about? This is simply the way criminal trials work.

Posted by mattk [TypeKey Profile Page] at May 12, 2005 03:36 PM

Steve: this is all about due process and the rule of law. Simply because someone is accused of a horrific crime doesn't mean the process should be turned upside down. That's a mob-mentality.

"I THINK he's guilty, so let's dispense with applicable law and hang him now!" is absurd.

No, apply the law fairly and give him his full degree of rights and IF convicted, THEN punish him in accordance with the law.

Posted by Androminos [TypeKey Profile Page] at May 12, 2005 03:58 PM

Points taken, Matt. But all too often the system works against the victim and in favor of the criminal and that's exactly what I think is happening in this case. And the irony of this whole case is just maddening: The guy stands accused of raping the little girl and the evidence is overwhelming. His brother then is accused of raping and murdering her. Again, the evidence is overwhelming. Because she was raped and murdered by this guy's brother (without much of a doubt) his attorney alleges a possible violation of his rights.

Posted by Steve [TypeKey Profile Page] at May 12, 2005 04:01 PM

And, I might point out, a guy who is pretty clearly guilty, stands to go free if a judge decides not to make an exception to the law in this case. Without this interview, what other evidence do they have?

Posted by Steve [TypeKey Profile Page] at May 12, 2005 04:05 PM

Steve - You're basing too much of this on your own very general opinions.

"but all too often the system works against the victim and in favor of the criminal"

Any proof to that one? What about situation where it works against the criminal? Thats never in favor of the victim because someone innocent goes to jail.

Also, you contradict yourself by saying the evidence is overwhelming yet it all rests on one contested video tape.

Posted by mattk [TypeKey Profile Page] at May 12, 2005 04:17 PM

It appears to me that you take an interest in this sort of thing because of the moral issues involved. Unfortunately, the bigger the case, the more brutal the crime, the less likely justice is to be accurate.

Its a big part of the reason why I'm against the death penalty.

Posted by mattk [TypeKey Profile Page] at May 12, 2005 04:24 PM

The less likely justice is to be accurate? I know you're not saying what I think you saying, because what I think your saying is ridiculous. It seems you are saying the more horrible the crime, the LESS appropriate the death penalty is in the interest of 'justice'?

The only way I could agree with the statement that the more horrible the crime, the less just the resulting sentance, is if you are arguing that our punishments are too soft.

Posted by MJohnson [TypeKey Profile Page] at May 12, 2005 04:40 PM

I'm saying that particularly in bigger cases, trials can become quite warped. Often the pressure and enthousiasm to "nail the bastard" overrides careful examination of the facts.

The OJ Simpson case is a good example. I don't have an opinion whether the guy is guilty or not, but man, what a circus! How many clowns are required to deliver high profile justice?

Posted by mattk [TypeKey Profile Page] at May 12, 2005 04:47 PM

Err..well OK. But OJ got off, so it wasn't a 'nail the bastard' mentality that ruined that trial because he wasn't nailed. I'm not sure what the hell it was, but it was bad. Point taken.

Posted by MJohnson [TypeKey Profile Page] at May 12, 2005 04:55 PM

Matt:

The evidence is this: The guy has done this type of thing before and the girl gives a very detailed account of him doing it to her. That's overwhelming evidence. We're talking about quality here, not quantity. And I really don't have the time or space here to list all the times I know of that the system failed, but here's a few:

1. James Meach, guy who was let off for "insanity" for beating a grocery boy to death with a club is let out on work release from the mental institution nine years later only to shoot four kids through the head.

3. James Bentley, a known pedophile, does it again to Jetseta Gage.

4. Roger Bentley, a known pedophile who apparently raped and killed this time.

5. John Couey, a known pedophile who raped and killed the last time.

6. The guy who killed Sara Lunde whose name escapes me.

Do you want me to go on? Our justice system fails crime victims time and time again. Now it's your turn. Give me a rational explanation for opposing the death penalty for people like Roger Bentley, James Meach, John Couey, the guy who killed Sara Lunde.

Posted by Steve [TypeKey Profile Page] at May 12, 2005 07:45 PM

Steve - Just because you can cite examples where the system has failed does not mean that the system as a whole is a failure. Yes, these things are awful but that doesn't mean that it is the system's fault.

I doubt you're paying as much attention to the sucess stories.

I'll give you a dead cold logical reason for not executing people and there's just no argument against it - its too expensive, these people aren't worth it.

Posted by mattk [TypeKey Profile Page] at May 12, 2005 09:09 PM

Matt, if it wasn't on such a sickening subject, it'd be downright hilarious. "Just because you can cite examples where the system has failed does not mean that the system as a whole is a failure. Yes, these things are awful but that doesn't mean it is the systems fault." If only you felt similarly in regards to what we're doing in Iraq. All you do is cite a few examples of what you think is wrong, and therefore it's all wrong... I think Steve is on pretty firm ground here.

Posted by Doug at May 13, 2005 02:59 AM

Brit, it's a simple matter of placing a value on human life. Silly me. In my opinion, being an atheist is all the more reason to revere life, because it is all we have. Quite frankly speaking, if I was a christian, my respect for life would be significantly less, because in the end everyone lives on, and in the end god makes sure we all get what we deserve, so it really doesn't matter as much. In the end, innocent souls would be preserved, and evil monsters would face a punishment worse then we can even imagine.

But, I digress. Because this wasn't what we were arguing about. Brit you seemed to have missed the points of the discussion. I spoke quite passionately, yes, against the abortion OF MY CHILD, and I stand by that. This was brought up because I disagree with the concept that the women and her alone somehow owns this peice of property and may dispose of it. I wasn't speaking of all abortions.

The majority of the argument however, has been about the status-quo method of trying to prevent them by preventing unplanned pregnancies by throwing condoms at people. You missed that as well.

NYMaggie, so much for an open discussion. You, and everyone else have completely ignored my argument and just continue with the same old spiel.

Would any of you not stop to consider what I'm saying? I am telling you that you may inadvertantly increase unwanted pregnancies with your method, but you can't be bothered to pay attention to that, or even reality, you're too busy planning your fantasy world where 0 unwanted pregnancies occur.

Posted by MJohnson [TypeKey Profile Page] at May 13, 2005 09:12 AM

Woops. Wrong thread.

Posted by MJohnson [TypeKey Profile Page] at May 13, 2005 09:22 AM

MJ- which is the right thread, I'm interested...

Posted by Doug at May 13, 2005 02:07 PM

the common sense of common ground

Posted by MJohnson [TypeKey Profile Page] at May 13, 2005 03:15 PM

Doug - Anyone who is against the iraq war can tell you what was wrong with the PROCESS that took us to war.

Steve has this perverse interest in rape and murder cases. He doesn't talk about systematic problems, just terrible events. If he could show what mistake was made and how it should be fixed I might even back him.

The only thing that he's proven is that some violent and sexual offenders will violate again. Is that 10% of them or 0.001% of them? Still, he's not interested in this even though it would lead to a real understanding of the problem.

Posted by mattk [TypeKey Profile Page] at May 13, 2005 08:05 PM

Matt, I know what you think about the war, that's not the point- it's your inconsistancy of logic that's the point. Read carefully.

Posted by Doug at May 14, 2005 03:05 AM