Police Want to Photograph Teen in Sexually Explicit Manner

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    Jul 09, 2014 3:11 PM GMT
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    A Manassas City teenager accused of “sexting” a video to his girlfriend is now facing a search warrant in which Manassas City police and Prince William County prosecutors want to take a photo of his erect penis, possibly forcing the teen to become erect by taking him to a hospital and giving him an injection, the teen’s lawyers said. A Prince William County judge allowed the 17-year-old to leave the area without the warrant being served or the pictures being taken — yet.

    The teen is facing two felony charges, for possession of child pornography and manufacturing child pornography, which could lead not only to incarceration until he’s 21, but inclusion on the state sex offender data base for, possibly, the rest of his life. David Culver of NBC Washington first reported the story and interviewed the teen’s guardian, his aunt, who was shocked at the lengths Prince William authorities were willing to go to make a sexting case in juvenile court.

    “The prosecutor’s job is to seek justice,” said the teen’s defense lawyer, Jessica Harbeson Foster. “What is just about this? How does this advance the interest of the Commonwealth? This is a 17-year-old who goes to school every day, plays football, has never been in trouble with the law before. Now he’s saddled with two felonies and the implication that he’s a sexual predator. I don’t mind trying the case. My goal is to stop the search warrant. I don’t want him to go through that. Taking him down to the hospital so he can get an erection in front of all those cops, that’s traumatizing.”

    Manassas City Police spokeswoman Adrienne Helms said the department would not comment, and Detective David E. Abbott, the lead investigator on the case, did not return a call seeking comment. And no one except a Prince William magistrate has seen the affidavit and search warrant for the photos — they aren’t made public until after they are served and then returned to the courthouse. The Post is not naming the teen defendant.

    Foster said the case began when the teen’s 15-year-old girlfriend sent photos of herself to the 17-year-old, who in turn sent her the video in question. The girl has not been charged, and her mother filed a complaint about the boy’s video, Foster said. The male teen was served with petitions from juvenile court in early February, and not arrested, but when the case went to trial in juvenile court in June, Foster said prosecutors forgot to certify that the teen was a juvenile. The case was dismissed, but police immediately obtained new charges and also a search warrant for his home. Police also arrested the teen and took him to juvenile jail, where Foster said they took photos of the teen’s genitals against his will.

    The case was set for trial on July 1, where Foster said Assistant Commonwealth’s Attorney Claiborne Richardson told her that her client must either plead guilty or police would obtain another search warrant “for pictures of his erect penis,” for comparison to the evidence from the teen’s cell phone. Foster asked how that would be accomplished and was told that “we just take him down to the hospital, give him a shot and then take the pictures that we need.”

    The teen declined to plead guilty. Foster said the prosecutor then requested a continuance so police could get a search warrant, which was granted by substitute Juvenile Court Judge Jan Roltsch-Anoll. Two days later, both sides were back in court. Foster had filed a motion to allow her client to travel out of state to visit family. Richardson wanted the teen to comply with the search warrant before he left. Juvenile Court Judge Lisa Baird declined to order that, and allowed the teen to leave the area. But he has another court date on July 15.

    Despite the request by the prosecutor in court, Prince William County Commonwealth’s Attorney Paul B. Ebert said that police told him “these allegations [by the lawyers] lack credibility.” He said he would look into the matter further.

    Carlos Flores Laboy, appointed the teen’s guardian ad litem in the case, said he thought it was just as illegal for the Manassas City police to create their own child pornography as to investigate the teen for it. “They’re using a statute that was designed to protect children from being exploited in a sexual manner,” Flores Laboy said, “to take a picture of this young man in a sexually explicit manner. The irony is incredible.” The guardian added, “As a parent myself, I was floored. It’s child abuse. We’re wasting thousands of dollars and resources and man hours on a sexting case. That’s what we’re doing.”

    Foster said Detective Abbott told her that after obtaining photos of the teen’s erect penis he would “use special software to compare pictures of this penis to this penis. Who does this? It’s just crazy.”

    Link to full article: http://www.washingtonpost.com/blogs/local/wp/2014/07/09/in-sexting-case-manassas-city-police-want-to-photograph-teen-in-sexually-explicit-manner-lawyers-say/?tid=sm_fb
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    Jul 09, 2014 3:21 PM GMT
    This makes about as much sense as raping a lesbian to turn her straight.

    If they go through with it, the kid should sue the county for sexual harassment.
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    Jul 09, 2014 3:35 PM GMT
    That is insane. I agree with the guardian's assessment... they are creating child porn for the purpose of prosecuting what they're trying to argue is child porn. And what difference does it make if it's his dick or not? What does that prove? Would the charges be different if it was someone else's?
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    Jul 09, 2014 4:28 PM GMT
    ShiftyJK08 saidThat is insane. I agree with the guardian's assessment... they are creating child porn for the purpose of prosecuting what they're trying to argue is child porn. And what difference does it make if it's his dick or not? What does that prove? Would the charges be different if it was someone else's?
    If it were someone else's (underage) dick then the charges might actually make some sense.
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    Jul 09, 2014 4:46 PM GMT
    That's similar to a story element in the second of the Porky's movies. A boy (Tommy?) sticks his penis through a peephole in the girl's shower room, and women's coach Ballbricker grabs hold of it.

    Tommy breaks loose, but the coach asks the high school principal for permission to have a line-up of some of the boys, so she can examine their penises, convinced she can recognize the offending one.

  • AHdds

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    Jul 09, 2014 5:47 PM GMT
    My hometown...not surprised
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    Jul 09, 2014 5:49 PM GMT
    Why all that?! Pictures of his erect penis are probably in his cell phone and computer. When they arrested him they should have had a court order to seize his personal computer. There's probably a wealth of incriminating evidence there (as in most people's computers).

    I assume the girl's photos weren't sexual in nature otherwise she would have been arrested too?
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    Jul 09, 2014 6:01 PM GMT
    These age of consent laws need to be changed ASAP. The girl is 15.....not 5! And the boy is only 2 years older than her. But of course if they had done this 5 minutes before his 17th birthday, we would not be having this conversation. They are peers and should be free to explore their sexuality within their own age groups. By the time I was 15, I had had sex more times than I could count and I knew exactly what I was doing without any coercion from anyone. The U.S. is so backwards, sometimes I feel like I'm living in the victorian age.
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    Jul 09, 2014 6:08 PM GMT
    Scruffypup saidThese age of consent laws need to be changed ASAP. The girl is 15.....not 5! And the boy is only 2 years older than her. But of course if they had done this 5 minutes before his 17th birthday, we would not be having this conversation. They are peers and should be free to explore their sexuality within their own age groups. By the time I was 15, I had had sex more times than I could count and I knew exactly what I was doing without any coercion from anyone. The U.S. is so backwards, sometimes I feel like I'm living in the victorian age.


    QFT. Age of consent is completely arbitrary, and there should be consideration of the (lack of) age difference.
  • WrestlerBoy

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    Jul 09, 2014 8:26 PM GMT
    Scruffypup saidThese age of consent laws need to be changed ASAP. The girl is 15.....not 5! And the boy is only 2 years older than her. But of course if they had done this 5 minutes before his 17th birthday, we would not be having this conversation. They are peers and should be free to explore their sexuality within their own age groups. By the time I was 15, I had had sex more times than I could count and I knew exactly what I was doing without any coercion from anyone. The U.S. is so backwards, sometimes I feel like I'm living in the victorian age.


    Bingo. The mother couldn't ask for a statutory rape charge because the age difference is under three years. Strategy:

    1) Ad litem should instruct attorney to file a barratry charge against the mother;

    2) File a charge of Malicious Prosecution against the policing authority (worth a shot);

    3) And "forged evidence" is an item which has been manufactured OR ALTERED, which seems like the very definition of the poor kid's penis (as evidence) if they force an injection on him to "alter" it. (Again, worth a shot).

    Bottom line is, if this insipid mother wants to ruin this young man's life, she's got a pretty good shot at doing so.
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    Jul 09, 2014 8:42 PM GMT
    I can not imagine that any judge would allow for a search such as this. If the search warrant is approved, you can be sure that there will be lawsuits to follow. This is a 17 yr old kid that sent a video to his girl friend of 2 years young (age appropriate) of his erect penis. Wow, imagine that! They've probably slept together too!

    These investigators are WAY out of control. If they start arresting every teenager that sext a naked picture, they're in for a LOT of work. Not only that but the girl sext him child pornography first. They should claim entrapment by the minor! Crazy, just ridiculously crazy!

    Not only that but if they arrested him, they surely took his phone and did a search warrant for his phone records which will show he sexted the pic. They're trying to justify more charges against the kid! They clearly have NO idea how to conduct an investigation of this type.
  • WrestlerBoy

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    Jul 09, 2014 8:47 PM GMT
    eb925guy saidI can not imagine that any judge would allow for a search such as this. If the search warrant is approved, you can be sure that there will be lawsuits to follow. This is a 17 yr old kid that sent a video to his girl friend of 2 years young (age appropriate) of his erect penis. Wow, imagine that! They've probably slept together too!

    These investigators are WAY out of control. If they start arresting every teenager that sext a naked picture, they're in for a LOT of work. Not only that but the girl sext him child pornography first. They should claim entrapment by the minor! Crazy, just ridiculously crazy!

    Not only that but if they arrested him, they surely took his phone and did a search warrant for his phone records which will show he sexted the pic. They're trying to justify more charges against the kid! They clearly have NO idea how to conduct an investigation of this type.


    No, no, the warrant to photograph the penis HAS been issued, according to the police. But there's something going on, as the local judge "allowed" him to leave the jurisdiction "to visit family" (thereby avoiding the warrant... for the moment).

    And you're right. Throw a Selective Prosecution charge at the police as well (though these things "almost" never work).
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    Jul 09, 2014 8:48 PM GMT
    To investigate possible child porn, we are going to produce child porn ourselves. icon_rolleyes.gif
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    Jul 09, 2014 8:54 PM GMT
    WrestlerBoy saidNo, no, the warrant to photograph the penis HAS been issued, according to the police. But there's something going on, as the local judge "allowed" him to leave the jurisdiction "to visit family" (thereby avoiding the warrant... for the moment).

    And you're right. Throw a Selective Prosecution charge at the police as well (though these things "almost" never work).

    You're right, I misread that. I wonder if the substitute judge had second thoughts after conferring with colleagues.

    Upper_Cdn saidTo investigate possible child porn, we are going to produce child porn ourselves. icon_rolleyes.gif

    Exactly. There are guidelines currently in place to address the reproduction of images for investigative, discovery and trial purposes and they're there for the very reason that reproducing them is viewed as 'production'.
  • WrestlerBoy

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    Jul 09, 2014 9:11 PM GMT
    eb925guy said
    WrestlerBoy saidNo, no, the warrant to photograph the penis HAS been issued, according to the police. But there's something going on, as the local judge "allowed" him to leave the jurisdiction "to visit family" (thereby avoiding the warrant... for the moment).

    And you're right. Throw a Selective Prosecution charge at the police as well (though these things "almost" never work).

    You're right, I misread that. I wonder if the substitute judge had second thoughts after conferring with colleagues.

    Upper_Cdn saidTo investigate possible child porn, we are going to produce child porn ourselves. icon_rolleyes.gif

    Exactly. There are guidelines currently in place to address the reproduction of images for investigative, discovery and trial purposes and they're there for the very reason that reproducing them is viewed as 'production'.


    Again, totally correct. As I said, something is going on here. I think the warranting judge has been called by all of the bench colleagues a la "WTF are you DOING????"

    We'll see how this one pans out.
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    Jul 09, 2014 9:15 PM GMT
    Don't they have bigger fish to fry in Virginia? Like catching murderers and drug dealers. I guess they are more concerned with taking a pic of a 17yr old kids dick. What a fucked up place this must be.
  • WrestlerBoy

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    Jul 09, 2014 9:17 PM GMT
    flguy57 saidDon't they have bigger fish to fry in Virginia? Like catching murderers and drug dealers. I guess they are more concerned with taking a pic of a 17yr old kids dick. What a fucked up place this must be.


    How must the KID feel, right now? OK, his name isn't in the press, but you can bet everyone in Manassas knows who he is, right?
  • FRE0

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    Jul 09, 2014 9:37 PM GMT
    If the authorities have any sense, they will completely drop the case. It's just a couple of kids behaving unwisely as kids often do. Surely the publicity would cause problems for the stupidly behaving authorities.

    As for taking the boy to the hospital where he would be medically forced to have an erection, it seems to me that from the medical standpoint that would be unethical. However, there have been cases where, under police pressure, medical personal have done unethical things. Here in New Mexico, in Deming NM to be exact, hospital personnel, under police direction, gave a suspect enemas and a colonoscopy in an unsuccessful effort to find drugs that he was suspected of secreting in his anus. Here is the link:



    http://www.cnn.com/2014/01/16/justice/new-mexico-search-settlement/

    So, I guess that anything is possible.
  • WrestlerBoy

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    Jul 09, 2014 9:40 PM GMT
    FRE0 saidIf the authorities have any sense, they will completely drop the case. It's just a couple of kids behaving unwisely as kids often do. Surely the publicity would cause problems for the stupidly behaving authorities.

    As for taking the boy to the hospital where he would be medically forced to have an erection, it seems to me that from the medical standpoint that would be unethical. However, there have been cases where, under police pressure, medical personal have done unethical things. Here in New Mexico, in Deming NM to be exact, hospital personnel, under police direction, gave a suspect enemas and a colonoscopy in an unsuccessful effort to find drugs that he was suspected of secreting in his anus. Here is the link:



    http://www.cnn.com/2014/01/16/justice/new-mexico-search-settlement/

    So, I guess that anything is possible.


    Great point. Any medical doctor (under whose supervision this would have to be done) would tell the police, "Go fuck yourself." THEN let them get the judge to issue a warrant to, what? FORCE the doctor to inject the kid?
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    Jul 09, 2014 9:43 PM GMT
    Unfortunately they would probably not have to try too hard to find someone who is willing to do it. Maybe someone who needs a favor. Oh, right, that's just Jersey.
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    Jul 09, 2014 9:47 PM GMT
    flguy57 saidDon't they have bigger fish to fry in Virginia? Like catching murderers and drug dealers. I guess they are more concerned with taking a pic of a 17yr old kids dick. What a fucked up place this must be.


    No. Small towns are notorious for shit like this. You got cops running around acting like Barney Fife and jacking off while polishing their badge every night. They're just looking for someone (anyone) to harass because they got something to prove. Try going one mile per hour over the speed limit in one of these small towns and see how quick you get pulled over. And you'll noticed they normally have ridiculous slow speed limits like 25 miles per hour just to entice people to break the law.
  • WrestlerBoy

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    Jul 09, 2014 9:49 PM GMT
    I'm already in touch with the ACLU over this, and have just been told to "Get to the back of the line..." LOL!

    I LOVE it when the words "impeach" and "judge" come together.
  • WrestlerBoy

    Posts: 1903

    Jul 09, 2014 10:11 PM GMT
    ShiftyJK08 saidUnfortunately they would probably not have to try too hard to find someone who is willing to do it. Maybe someone who needs a favor. Oh, right, that's just Jersey.


    There's nothing to stop the AMA going after the doctor who consents to this sort of quasi-Nazi intrusion on a human being's body?
  • WrestlerBoy

    Posts: 1903

    Jul 09, 2014 10:15 PM GMT
    Here's the phone number for the Manassas Police: I just called and asked them if it were true that they really wanted to photograph a 17-yr-old boy's erect penis. Why don't we all do the same?

    703 257 8000
  • WrestlerBoy

    Posts: 1903

    Jul 09, 2014 10:20 PM GMT
    I got put through to the duty officer, he "didn't know." "Who would know?" "The lieutenant in charge of the case." "Then put me through to him." "Yes, sir, what's your name?" "My name is none of your business, put me through to your lieutenant." "Yes, sir". Hang up (on their part).