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"Under the original terms of probation, Norman agreed to “have no contact with the victim or any child less than 17 years of age, unless supervised by an adult who has been approved by Probation and Parole"
http://www.stjosephpost.com/2014/12/15/visit-to-mcdonalds-lands-sex-offender-in-prison/
As a result of Joshua Norman going to McDonalds with a Play Station, without being directly supervised by an adult approved by probation and parole, his probation was revoked and he was sent to prison for five years on a five-year sentence, after just having completed nearly five years of probation.
It seems to me that this is a case of the probation officer being hell bent to get this guy sent to prison. Seeing that he was just about done with his probation and would be free, the probation officer was looking for anything and everything that he could find to have his probation violated. Under the terms of his probation, as strictly applied against him, it did not matter whether it was McDonalds, Walmart, or some pizza place, because the probation terms were so stringent and unrealistic that Joshua was guaranteed to fail since he was required to have approved adult supervision to go anywhere where children might be.
Insofar as the judge on this case, one thing I learned about him is that he consistently demonstrates his efforts to bend over backwards to keep so-called "normal" sex offenders out of prison, all while zealously throwing the book at sex offenders with severe disabilities.
This is exactly what this A hole judge did to my ward all while giving five years probation to every other defendant before him around the same time, though in different sex crime cases. And now, we have the case of Joshua Norman. He is convicted of a class A felony involving someone under the age of consent and gets five years probation, whereas my ward was convicted of a class C felony involving a person [ of ] legal age to consent, but this A hole judge gave him five years in prison instead.
http://www.stjosephpost.com/2014/12/15/visit-to-mcdonalds-lands-sex-offender-in-prison/
As a result of Joshua Norman going to McDonalds with a Play Station, without being directly supervised by an adult approved by probation and parole, his probation was revoked and he was sent to prison for five years on a five-year sentence, after just having completed nearly five years of probation.
It seems to me that this is a case of the probation officer being hell bent to get this guy sent to prison. Seeing that he was just about done with his probation and would be free, the probation officer was looking for anything and everything that he could find to have his probation violated. Under the terms of his probation, as strictly applied against him, it did not matter whether it was McDonalds, Walmart, or some pizza place, because the probation terms were so stringent and unrealistic that Joshua was guaranteed to fail since he was required to have approved adult supervision to go anywhere where children might be.
Insofar as the judge on this case, one thing I learned about him is that he consistently demonstrates his efforts to bend over backwards to keep so-called "normal" sex offenders out of prison, all while zealously throwing the book at sex offenders with severe disabilities.
This is exactly what this A hole judge did to my ward all while giving five years probation to every other defendant before him around the same time, though in different sex crime cases. And now, we have the case of Joshua Norman. He is convicted of a class A felony involving someone under the age of consent and gets five years probation, whereas my ward was convicted of a class C felony involving a person [ of ] legal age to consent, but this A hole judge gave him five years in prison instead.
I should have asked, How old was your WARD was when convicted? and what was his mental age/ disability? and why wasn't the person he had sex with considered the "abuser" because he/ she was the person of legal age and Presumably Mental age of consent?
Yes, the stipulation of having to have approved adult supervision to enter an establishment that has children is an overreach, and likely outside the scope of the AWA, and most certainly our state laws. Moreover, since the article makes no mention of his having actually done anything with or to a child at McDonalds, it is disconcerting that his probation officer saw fit to file for revocation just because he entered McDonalds.
Insofar as my ward. Chronologically he was 28-years-old when he was charged, but diagnosed with a six year old functioning level and a two year old social skill level. Despite these things, our system presumes females are the victims and men are the perpetrator even when the man has severe disabilities.
It is unconscionable to say the least that a judge who decrees a person to be totally incapacitated and legally disabled, without exception, because of their disabilities, then turns around and sends them to prison all while giving those he deems "normal" sex offenders probation for the same or similar sexual offenses. But, that's how our so-called justice system works, and our societal / advocate system is no less indifferent to these types of miscarriages of justice.
As far as Joshua, 1) .the kids at McDonald's were "supervised by their parents/ guardians.2) how did the PO even know that Joshua went to McDonalds?
3) that said...sounds like Joshua had been purposely twisting his probation officer's tail.for awhile. I don't understand why he just didn't keep his head down and complete the 5 years probation. Was pushing the envelope so important that he was willing to risk 5 years in prison? and BTW, in 5 years will Joshua still think an unsupervised trip to McDonald's was worth time served?
@ Janetmackie - you asked me why the female in my wards case was not charged for having sex with a person who is not mentally competent. The sad reality is, in our judicial system and within society, it is easier, and I believe, more desired and politically popular, to blame the male than the female.
Insofar as Joshua's past behavior. I do not know what past behavior he was engaging in for his probation officer to file field violation reports against him, yet, here, his probation was not revoked because of past behavior. Rather, it was revoked for him entering a McDonalds without adult supervision with him.
That said, if anything, his past behaviors and the lack of revocation before only further demonstrates how this judge bends over backwards to help those whom he deems "normal" sex offenders until it is just not possible to do so any longer, and yet, he has no qualms in throwing the book at those sex offenders with severe disabilities without hesitation.
Statement #1: If this guy was mentally stable he most certainly did NOT make the right choice by entering that McDonald's "KNOWING" that there was a Play Place there. I mean... c'mon... really???? Those are the knuckleheads messin' things up for the rest of us trying to do the right thing.
Statement #2: If this guy was mentally stable, I agree that if he had more than a few write up's by his P.O. he should have known he was asking for trouble and was being a total horse's arse!
If he intentionally did ANYTHING and was mentally stable he deserves to go back and rethink his life.
Please don't take this to mean I agree with this, I want every probationer and every parent or spouse of someone on probation to understand they are not messing around. They will most likely not cut you a break, in their mind probation is your break. Please don't test them.
-independent