Prosecuting Dr. Parker
From The Sociologist <>
September 14, 2000
Today, I attended the four-hour sentencing hearing for Dr. Joseph Parker. For those unfamiliar with this travesty, please see the previous posting PROSECUTING DR. PARKER. (Use the search engine, you can probably find it faster.)
Dr. Parker, now former marine, former ICBM Silo officer, and former emergency room physician, was sentenced to 37 months in prison. His "crime" was reporting receiving child pornography over the Internet to FBI agents who failed to follow procedures to properly document his contact with them and failed to follow procedures to come to his residence and collect the evidence. Dr. Parker called FBI agents at least five times to report receiving child pornography. Dr. Parker co-operated with the FBI in setting up a sting operation to catch a possible child molester. The evidence sat uncollected in Dr. Parker's computer until his e-mail address was found in the computer of a child pornographer by U. S. Customs Agents.
Customs Agents came to Dr. Parker and asked him if he knew how they obtained his name in connection with child pornography. He stated to them that he had called the FBI and Customs had obtained it from them. Because his numerous reports of receiving child pornography and the assistance in setting up an FBI sting operation had not been properly documented, the FBI did not immediately confirm his statements made to the Customs Agents. Dr. Parker was arrested and charged with possessing child pornography.
Subsequent to Dr. Parker's arrest, the FBI admitted to possessing documentation of his reports of receiving the child pornography and Dr. Parker helping them to set up a sting operation. At this point the Justice Department had the choice of admitting that a mistake had been made when this man was arrested or prosecuting him to cover-up their incompetence and bungling.
Enter the Clinton appointed US Attorney for the Eastern District of Arkansas, Paula Casey, who apparently perceived in Dr. Parker's bizarre situation an opportunity to pursue a personal agenda. Despite her busy schedule and substantial workload of major cases, Paula Casey found time to sit in the back of the courtroom for the entire four hour sentencing hearing. From my aggregate experience working in every level of government from city/county to federal, I can tell you that there are a limited of number of things that will draw a government official at Paula Casey's level to watch their underlings at work. Most prominent among them are (1) something they have an emotional investment in and (2) observing the application of methods and procedures established to implement a new policy so the methods and procedures can be fine tuned for future application. I did not learn of this case until the trial phase was over. I only can attest to what happened at the sentencing hearing which I observed today. It was obvious that Dr. Parker was prosecuted to cover up the incompetence and bungling of government employees and to fulfill the personal agendas of Paula Casey and her minions who argued the case.
The clearest evidence of this bungling-and-incompetence/personal-political-agenda was an argument made by the lead prosecuting attorney. It was argued that Dr. Parker had, in fact, prevented apprehension of the child pornographers by failing to take the evidence to the FBI, which he was improperly instructed to do. (If you received a package of cocaine by mistake, would YOU drive it to your nearest FBI Field Office and risk arrest along the way if you were pulled over for some reason or involved in an accident? "But Officer the FBI told me to deliver this cocaine to them." "Yea, right, shoot him, Dano.") Despite having the files in their possession for some time, the Justice Department has apparently not been able to find these pornographers, making a lie of their own argument. Dr. Parker, who reported the criminal activity and tried in vain to get somebody to do something, has apparently been the only person arrested and prosecuted. The FBI sting operation, which would never have occurred if not for Dr. Parker's help, was also bungled and no one was arrested.
Additional proof that this was nothing but a malicious prosecution, was the sadistic, transparent argument made attempting to obtain quadruple sentencing enhancement. The lead prosecuting attorney argued that when Dr. Parker voluntarily turned the child pornography files over to the Customs Agents, in the mistaken belief they had appeared as a result of his previous reports to the FBI, that act constituted trafficking in child pornography. I could not believe I had heard this argument and asked both US Attorney Paula Casey and one of the attorneys prosecuting the case what specific act was the basis for the trafficking in child pornography allegation. After a few minutes of listening to Paula Casey engage in evasive babbling and my repeating the question, she finally admitted that she did not know what the basis of the trafficking allegation was. She also refused to answer when I asked if she had made the decision to prosecute Dr. Parker. The prosecuting attorney's answer was that I should read the transcript.
The final reason I am certain this was a malicious prosecution, occurred when I looked at the prosecuting attorney table and at Paula Casey sitting in the back of the courtroom when witnesses broke into tears pleading for mercy for Dr. Parker, including Dr. Parker's daughter who broke down pleading for her Father to come home with her. There was not a flicker of human emotion on any of their faces. Not a sign of sympathy. Not a sign of regret. Nothing. This vacuum of emotion occurred in the context of grown men among the spectators openly crying. Nothing human could have sat unmoved in that courtroom.
Perhaps Alexander Solzhenitsyn's insight that for men to do evil they must first believe they are doing good combined with a fact presented by Defense Attorney Greene can inform about why this case has sobering implications for all of us. Attorney Greene stated that he had reviewed all the federal prosecutions in child pornography cases and never before had a person who reported receiving child pornography to authorities ever been prosecuted. Dr. Parker is the test case for new methods of manipulating otherwise decent people to believe an innocent person is guilty. A handy tool for corrupt government employees who might want the ability to destroy citizens who become perceived threats to their misdeeds and excesses. This is new policy created ad hoc out of the destructive opportunities perceived and exploited in the particulars of Dr. Parker's unique situation. That is why US Attorney Paula Casey was there observing what transpired. This is a doubly diabolical policy device designed to further damage social stability. This new policy has two easily identifiable destructive consequences. First, it will instill fear in people who might think about reporting criminal activity, especially child pornography and child molestation. The primary beneficiaries of a policy that intimidates people who might report such crimes are child pornographers and child molesters. An important question to be answered is why US Attorney Paula Casey would want to implement a policy that benefits child pornographers and child molesters by discouraging people from reporting them?
When word spreads about what happened to Dr. Parker, as a result of his attempting to reported a crime, potential crime reporters will legitimately worry about whether or not the law enforcement officer will properly document their report and if reporting and cooperating in improperly documented investigations will result in their being arrested and prosecuted for the crime, like Dr. Parker.
The second identifiable consequence can be observed in any of the historical Holocausts you care to examine, for example Jews in Germany or Armenians in Turkey. One of the tools for setting up someone for destruction is to depict them as a moral degenerate. This works, because no one wants to risk damaging themselves by coming to the defense of someone labeled a moral degenerate, whether it is true or false. Paula Casey dusted off an old tool for a new policy, label people you are seeking to destroy a child pornographer and no one will dare challenge you.
I believe I can safely assert it is generally recognized that using the power and resources of government to maliciously destroy lives is evil. US Attorney Paula Casey has no business either developing or implementing methods, procedures and polices that exploit public revulsion of child molesters and child pornographers to destroy human lives in pursuit of some personal agenda of her own or the agenda of organized interests with which she affiliates or identifies.
Such behavior was wrong in Nazi Germany. It was wrong in Turkey. It is wrong in the United States today. Paula Casey, and any other government officials using their position to commit such evil deeds, need to be removed from office and prosecuted for crimes against humanity, just as their predecessors in Nazi Germany.
The necessity of such action has been stated in word more clearly than any I have been able to put together, "But if for no other reason, Evil must be destroyed so that we can once more guide our own destinies." (The Darkest Day: cited on Famous and Infamous Quotes
We may have no chance of bring these people to justice under the current administration, but the day will come when we can. Until then, let everyone watch, remember, and oppose them as best you legally can. Your turn on the docket could very well be next.
The Paula Casey's of today, who have undeservedly gained access to government power and resources, are not going to let citizens live their lives in a manner they do not approve of, and that is only if they refrain from using government power and resources to kill independent or "uncooperative" citizens outright, as has been done numerous times in history. If you think these observations are foolish or unwarranted, remember one of the numerous similar statements made by President Clinton, who appointed Paula Casey, "the purpose of government is to reign in the rights of the people." (Bill Clinton, 1993 MTV interview,
James Roger Brown
You will not believe this judicial atrocity. This case comes about as close to absolute proof the criminal justice system is totally out of control as you are likely to find. _____
Sometimes, reporting a crime to the FBI might be the last thing you want to do.
By Mara Leveritt
The Arkansas Times
You open your e-mail one day and find pornographic images of children. What should you do?
Assistant U.S. Attorney Michael Johnson does not hesitate to answer:
"You should contact the FBI and arrange for them to come and take possession of the material immediately."
But Johnson, an assistant to U.S. Attorney Paula Casey in Little Rock, is not so quick to answer why, after a Little Rock physician called the FBI - not once but three times - to report having received such illegal images, federal agents failed to "come and take possession of the material" at all, and months later, Casey's office prosecuted the physician for the felony of possessing it.
Casey defends the decision and takes exception to the doctor's characterization of his actions. And a federal jury found the doctor guilty. But the story of how this case was handled - by officials at the FBI, the U.S. Customs Service, Casey's office, and the federal court - emerges as a cautionary tale for every computer owner who receives illegal material by e-mail and considers reporting it.
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