Lewd Or Lascivious Battery and Sexual Performance by a Child

[aaron]

When you are charged with a crime, you are simply that - facing criminal charges. You don't have to be in custody to be facing charges. You may never actually be arrested, for example, or you may be out on bond.

When you are in police custody, well... you are in police custody, such that a reasonable person would not believe he was free to leave.

[thugkill3r]

Ok so your talking about being "formally charged" meaning you get a court date and such.. My friend is out on bond.. his bail amount was $2500 and $150 thats all.. i was shocked it was so low..

[thugkill3r]

Anyone...?

[aaron]

Anyone what?

[thugkill3r]

The undersigned has probable cause to believe the above-named defendant on 31 or July 2007 at 3:00 AM at “Address of defendants parents dealer” in “His County” did commit the offense of Lewd and Lascivious Battery by penetrating the mouth of the victim with his penis. Commit the offense of Sexual Performance of A Child by video taping the fifteen year old victim performing oral sex on him. On August 9, 2007, (Mother) made a report to the “County Sheriffs” in reference to a Lewd and Lascivious battery. (Mother) said that she was looking through her daughter’s, “victims name” cellular phone and saw two movie clips of “victim” giving an unknown male oral sex. “Victim” is fifteen years old. “Mother” said that the movie clips were dated July 31, 2007 at 0406 hours and July 31, 2007 at 4010 hours. “Mother” said that she questioned “victim” about this and “victim” said that the male in the movies was “Defendant”, who is twenty-two years old. Victim told Mother that the incident occurred at defendant’s parent’s shop, which is located at “address”. Mother gave the Sheriffs the cellular phone, which was turned into evidence. On August 14, 2007, Mother and Victim came to the sheriff’s office. I conducted a sworn audio-recorded interview with victim. Victim said that she met defendant through his brother, Victim and defendant became friends and she snuck out of her house on two occasions in the middle of the night to see defendant. The first time that victim snuck out of her house, victim and defendant hung out in the area of her house and talked. The second time that victim snuck out of her house, defendant took her to his parents shop. Victim and defendant began kissing and then victim then began to give defendant oral sex. Defendant then took victim back to her house. I then spoke to mother who provided me with the telephone records for victims cellular phone which show victim called defendant on July 31st 2007 several times before the incident, the last one at 0321 hours, and then again at 0455 hours. Mother also provided chats she printed out from victim’s myspace account in which she told defendant that her mother found the videos and he denied that it was he in the videos. On August 15, 2007 I called defendant and asked if he was willing to come to my office to speak to me about the allegations against him. Defendant said the he had no way to get to my office because he did not drive. I asked defendant if he had a friend who could bring him and he said that he did not have any friends. I told defendant I would contact him at a later time to arrange to meet him. I contacted mother and asked her if victim knew who’s car defendant was driving when he picked her up and she said that she did not know. Mother said that when she previously met defendant at her residence, he was driving a maroon car. On August 23, 2007 I contacted mother and asked her how she came up with the location that defendant took victim to. Mother said she searched the Internet for the defendants last name and found the parents dealership. I drove by the address to look at the building; the building is a small yellow building and a car lot. I took photographs of the outside of the building to show victim to see if she could identify it. I then met with victim at her residence; located at “address” to get a description of the business that defendant took her. Victim said that is was a small building at a car lot but could not say what color it was because it was dark. Victim said they went in thru a backdoor, which defendant had a key to, and there was a lot of junk laying around. Victim said that they then went into an office that had a desk, chairs, and a lot of certificates on the wall. Victim said there were green carpet and the walls where white. Victim said that they did not turn the lights on. I showed Kendra the photograph of the business and she could not identify it. Victim said that when they went to the business, they parked in a store next to the business and walked over. On august 28, 2007, Detective 2 and I went to “address” in an attempt to get consent to take photographs of the inside of the business. I made contact with a seventeen year old male who identified himself as defendant’s brother. The male called his father, “Fathers name” who owns the business and “father of defendant” said that he was on his way to the office and would speak to me when he got there. “Defendants father” arrived at the business and advised that he would not let me photograph the business without court order. I explained the case to “defendants father” and asked if defendant was at the business and if I could speak to him. Defendant then came out from a room in the back of the business. Defendant agreed to speak with me with his father present. Defendant, Defendants father, Detective 2 and I went into a back office. Defendant denied ever meeting victim or her mother. Defendant denied that he ever spoke to me on the telephone. Defendant also denied that he ever owned a vehicle until I told him that his father told me about his car. Defendant later admitted to talking to someone on the phone but he thought it was a joke. Defendant did say the he spoke to victim on the telephone and computer. The inside of the business had dark green carpet and light green walls. There was a room in the back of the business that had a lot of junk, auto parts and other items, on the floor. Defendant was placed under arrest and transported to the county jail.

[thugkill3r]

Anyone who can please comment on how strong you think this case is.. That above is the arrest report. We dont think this case if strong..

[aaron]

Lying repeatedly to the police, then getting caught in repeated lies? Lying about the car? Lying about his contact with the victim? It's not a confession, but it won't impress a jury one bit. Add to that the testimony that he was the perp, and it's a compelling case.

[thugkill3r]

Uhh.. What lies are you talking about... The car was not driveable.. it was never in his name or registered... Was bought for resale he has no drivers licence.. When he got the phone call from what turned out to be infact a detective the guy on the phone was very disordered and didnt identify himself fully.. my friend thought it was a joke or the mother of the victim getting a guy to scare him.. And lieing about meeting the victim? He has never met her.. he has only talked to her over the internet and over the phone when SHE called.. now you just sound like a detective.. this guy is not guilty of theses charges.. Hes targeted just because the mother has no one else to point the finger at.. there only going by cell phone logs which means nothing.. cause if shes calling him then that means hes not with her does it.. This girl cannot identify a bright Mcdonalds yellow building.... cant even get the color of the walls correct and also cant even say what kind of car or color car she was in??? To add more to this stupid case the mother is on felony probation for false imprisonment and had a child abuse charge on her against this "aledged" victim.. Im thinkin that mom is telling the girl what to say. Oh and the brother doesnt even know the girl never even met her.....

[panther10758]

I doubt this is your "friend". I say that because you seem to know much more than a "friend" might. I also say this because no matter what your told you argue and deny it. Look if its your friend or you we told you what we could you or your friend hire an Attorney and argue with them they at least get paid for it!

[thugkill3r]

Just trying to get others opinons on this.. Thats all.. Why Im being accused as being the person being charged with this is beyond me.. If you cannot help ur bestfriend without getting accused of being the defendant which is erelvent to anything anyway.. Then this forum is useless Id say.. To many judges here and not enough people willing to help. I am very much involved in my friends case cause I dont want him to lose his life for something so stupid.. hes a kid himself! 22 is young.. just starting life!