Eric's Story
(not his real
name)
In 2006, my
son Eric, then 22, was arrested for chatting online with a 15-year-old
girl. They were just friends and had never met in person. But one day
when he thought he was chatting with her for a few moments, he was
actually chatting with her father.
Eric had
stated on many occasions in the chat records, "I wish you were legal" in
response to her. Eric was arrested and later charged with multiple
felony counts of "Computer Aided Solicitation of a Minor". In Louisiana,
one count carries a mandatory 2 to 10 year sentence. For chatting
online and saying the wrong thing five different times, Eric was looking
at a possible 50-year sentence for consensual chat only. We hired an
attorney and the attorney quickly informed us there was no way to "win" a
case that the state brings against anyone with that particular charge
because it was fairly new and they wanted convictions and government
funding. Plus the laws make up every kind of suspected "defense"
and create the law saying "It is not a defense if......" and they update
it as they get new defenses. They wanted to make an example with
my sons case. Since my son has been in prison, he says guys are
coming in and going out FAST for having sex with minors - and he
continues to sit in there for chatting about sex, what is up with
that????
After Eric
was released on bail, while awaiting his trial, he moved out of his
father's house and moved to my home in Texas. (with permission, of
course) He got a couple of odd jobs, and then he saw an ad for job
openings at a Chevrolet dealership in a nearby town. It was one
of the worst weather days of January 2007 with icy roads but he wanted
the job so bad he drove all the way there. He got the job and then moved
to his own apartment in that town. He was 23, and finally made it
out of the nest, living in his own place for the first time. He worked
hard and was a very successful tax-paying citizen.
Meanwhile,
Eric's attorney attempted several times to plea bargain for a more
appropriate punishment. He asked the DA to take into consideration that
this was Eric's first offense of any kind; that he was not a
predator since he never attempted to meet her, and it was just
consensual chat. But the D.A. refused to reduce the charge to a lower
offense with probation and counseling and made sure that Eric would have
to register as a sex offender, the DA nor the Judge would budge, they
wanted Eric to spend a minimum of 25 years in prison to 50 years if we
dared to go to trial. People wonder why these young men plea
bargain, THIS IS WHY! They are threatened to take the plea!
My son was
advised to plead guilty. In late 2007, Eric pled guilty and was
sentenced to 3 years in prison and registration as a sex offender for 10
years (25 if they add the Adam Walsh Act and use it retroactively and
lifetime if the Governor of Louisiana has his way and makes it
retroactive. P.S., they passed the AWA in 2008, so it is now 25 years he
does have to register!!!) Eric's life, and the lives of our family's
were turned upside down. Most of us were there to be with him as he
walked off with the jailer. It was the hardest thing I've ever dealt
with in my life, to see my son go away when I knew what a good person he
was inside and out. He is a kind, considerate, gentle Christian that
made one mistake with one girl, never met her, never knew where she
lived, never attempted to meet her and said in the chat records "I wish
you were legal" because he would not break the law. None of us imagined
that ONLINE CHAT could be such a serious crime and a felony????
Eric is
scheduled for parole in 2009 after serving 16 months, he will then serve
20 months on parole. Now we've learned that there is a "Child Safety
Zone" 500 feet from any church, school, day care center, arcade or park
here in Texas according to a Parole Officer named Walker in Huntsville.
If he moved in here, there is no way to drive more than two miles
in either direction of our home without driving past a church. Yet he is
supposed to find a way to get to Huntsville once a week for a "group"
meeting and pay $35 each time he goes, pay another $125 for an
evaluation and $225 for a polygraph. All without passing by a church,
school, daycare center, park or arcade. There is NO possible way to do
that here. He also cannot go to Wal-Mart because there are more than 3
arcade-style games inside the store.
Louisiana,
where Eric's dad lives, and Texas have a parole system which is a "set
up for failure" for sex offenders, no matter how minor their offense. No
distinction is made between a violent offender with a high risk of
re-offending and a non-violent, consensual, no risk offender! My
son is not interested in children, would rather die than hurt a child,
yet he is considered to be "unsafe to be in a child safety zone" ??
Texas cannot
afford to keep building more prisons. For the 1st time, 1 in 100
Americans are behind bars. 16.9% of Texans work for the Prison system.
That is the highest percentage of all 50 states! Think of all the
beneficial programs that keep getting cut in order to pay for the
correctional system. (this is according to the PEW report that you
can find online)
All sex
offenders are lumped together and must comply with these laws regardless
of what they were convicted of. These laws are unconstitutional, cruel
and unusual punishment. The punishment does not fit the crime. These
laws were passed for "Public Safety" but only people who are a danger to
children or those convicted of violent crimes should have to register
as sex offenders. My gosh, my son worked at a day care center!! He is
not and never has been a danger to anyone. He made one mistake, one
time, one girl, what a mess. There needs to be discernment between
consensual and violent crimes.
People need
to be able to pay their debt, serve their time, and then be allowed to
get on with their lives. The laws are supposed to be for the
people, by the people. Please consider this Mother's point of
view. From my perspective, my son is a victim of the current legal
system. The system took a hard working, tax-paying, was what he thought
to be a law abiding citizen from society, into an overloaded,
overcrowded correctional system only to be a burden to society. Now
please compare the damage to my son, compared to his so-called victim.
How damaged is she because they chatted, because he said, "I wish you
were legal" instead of "goodbye". My son's life has been destroyed.
Instead we
have over 600,000-registered sex offenders, and growing. It's the new
Scarlet Letter. They are ostracized by society and left jobless,
homeless, hopeless, and in fear for their lives from vigilantes. What
ever happened to equal protection under the law?
NOTE: I found
out that if my son had had actual physical contact with a 15 year old,
it would have incurred NO prison time for a first offense! Compare
that to chatting - and do we see an awful use of justice here?
Absolutely! Yet the Governor of Louisiana continues to make
more and more harsher penalties for ALL registered offenders, no matter
what the circumstance or crime. That governor cares NOTHING for
the people of his state, only about bringing these what he calls
"Monsters" more punishment and ostracism. Texas is becoming just
as bad - this has to stop.
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