Tuesday, November 14, 2017

The case against Roy Moore doesn't hold water.

The recent deluge of allegations by women against Roy Moore do not hold water and amount to character assassination of the worst kind.
Now, let’s be clear. I draw this conclusion not out of party loyalty to the GOP or fealty to the man. I am a former Democrat and I despise what the current GOP stands for. That said, I’ve no use for the Democrats, either. Further, Roy Moore stands for everything I am against. He is an anti-gay, evangelical Christian who is anti-abortion and against a woman’s right to choose. I am an atheist, liberal/left, militantly pro-LGBT and pro women’s rights, and pro-choice.
I am also an ex-metro Atlanta street cop and I have made my living as an Alabama criminal defense lawyer for the past 22 years.
I have spent my career defending people charged with criminal sex offenses. Many of these charges were false. Many of my clients walked free, while many others were found guilty. Many of these cases I appealed and Roy Moore sat on the Alabama Supreme Court during many of those appeals.
All of that said, what is happening to Roy Moore right now is what United States Supreme Court Justice Clarence Thomas once termed, “a high-tech uppity lynching.”
Moore has been in public life for decades. He ran several times for the circuit judgeship in Etowah County, Alabama and won. He ran for the Alabama Supreme Court twice and won both times. He was also removed both times for refusing to follow his oath of office and obey the dictates of the higher courts. He has run for governor and lost, also.
For nearly 40 years Roy Moore has subjected himself to the scrutiny of the public and the press. During that time, by virtue of running for office, Moore opened his life up for examination and investigation. I ran for the Alabama state senate in 1998. I know what that means. Suddenly everything you do or have ever done gets examined.  When nothing is there, political hacks will make it up out of whole cloth. My opponent in my race published smear sheets that contained rank lies and distributed them to churches the Sunday before election. So, I know about smear campaigns.
I don’t for one second believe that in nearly 40 years there was no opposition research done against Moore. In that time, not one whisper of these allegations of sexual or dating improprieties ever surfaced. Now, suddenly, it’s supposedly common knowledge.
Fast forward to 2017. Moore upset the political machine of the GOP and won the nomination for the United States senate seat currently held by the appointed (and tainted) incumbent Luther Strange. Strange was supported by Donald Trump (at the behest of Senate Majority Leader Mitch McConnell). Strange lost. Moore won. The elites groaned.
Moore, a radical right “culture warrior” for the Christian evangelicals, was heralded by Trump guru Steve Bannon, who promoted Moore. This aroused the ire of the establishment wing of the GOP.
All of that was inside baseball until last week, when a series of women were allegedly located by the Washington Post who had stories to tell of then 32-year-old prosecutor Roy Moore seeking dates with girls under 18 and allegedly committing sexual abuse (sexual touching) of a girl who was allegedly 14.
These women all claimed they didn’t come forward because they said no one would believe them. Really? What about their parents? What about the cops? What about lawyers? What about preachers? All of these are mandated by law to report an allegation of sexual crime to the authorities. No ifs, ands or buts. Mandatory.
Moore supporters pointed out that these allegations were brought by a newspaper belonging to Amazon.com, owned by a liberal left activist. Conspiracy theorists salivated. 
And then the GOP establishment did something so obvious the entire scandal became suspect – the GOP establishment over-played it’s hand. Without a shred of evidence, the McConnell elites all began saying – in unison as if it were a planned talking point -- that Moore should step down. Some added the phrase “if true,” but many did not. Mitt Romney, the former GOP presidential candidate and currently eyeing a senate seat in Utah, was the most vocal, adopting the liberal/left mantra that the “victim” should be believed, no matter what. Then the GOP elite began floating the idea of vanguished Luther Strange as Moore’s replacement.
Just when it seemed the scandal was weird enough, out of the blue, the creepiest, old supreme ambulance chaser of them all, lawyer Gloria Allred, joined the fray. (She currently “represents” women who accused Donald Trump of sexual harassment; and women who accuse former President George H.W. Bush of sexual harassment. Oddly, none of those cases seem to be headed to court.) 
Allred announced she represented a new Moore accuser – who claims Moore tried to force her to sodomize him. The typical Glora Allred new conference ensued, with the victim bawling like this happened yesterday while Allred patted her arm and made all of her trademark sympathetic faces she has practiced into a gaudy performance.
Allred’s credibility as a lawyer is overwhelmed by her status as a grandstanding publicity seeker. A true media hog (indeed, the joke among media types is that the most unsafe place in America is standing between Allred and a TV camera), she somehow manages to insert herself into every sexual harassment case in the media. 
Ask yourself this - in a nation of 330 million people and 1.3 million lawyers how did Allred (who practices in California and New York), in less than seven days, find a woman to represent who would claim that Moore attacked her? That’s a statistical improbability. How could a woman who claims to be an Anniston businesswoman know to call Gloria Allred to make her claim? It’s just too suspect for words.
But let’s back up.
Allred’s client claims to be an Anniston businesswoman, but no record of any business in Anniston with her name exists. There is a court case in Anniston of a woman with the same name who sued  her employer back in 2009 for a workman’s comp injury – a sprained wrist – and nailed herself a $50,000.00 settlement – for a sprained wrist. 
Allred’s client claims that when she was a teen Moore tried to force her to give him oral sex. She alleges Moore used force. The other “accusers” say Moore was awkward, kind of unsure of himself, not forceful at all.  
Here’s where the science of crime kicks in:
In my careers as both a metro-Atlanta police officer and criminal defense lawyer, I learned that the modus operandi of criminal sexual assault suspects don’t change. If a sex offender is a passive/aggressive sex offender, he uses his wiles and subtle coercion to get what he wants. If a sex offender is an aggressive/excitation offender, he uses force. Here’s the rub. No offender is both. So, we have “accusers” who say that Moore is a passive/aggressive offender and now a new, sensational account that Moore is an aggressive/excitation offender. Sorry folks, Moore might be one, or the other, or neither, but he can’t be both. The case unravels. 
Further, Allred is a Democratic party supporter who gave big donations to Hillary Clinton, Barak Obama, John Kerry and more. Some Washington insiders claim Allred is a Democratic operative and former surrogate of Hillary Clinton. The case unravels even more.
Add to that the fact that every one of these accusers waited more than 40 years to make their claims. Why not raise these claims during Moore’s initial judicial campaigns? Why not during the highly public hearings in which Moore was twice stripped of his supreme court job? Why not raise these complaints when Moore was just John Q. Citizen with no political office at stake? Why wait 40 years? Why wait until a few weeks before an election?
Also, note that all of Moore’s accusers claim to be Republicans and Trump supporters. Trump supported Moore’s opponent, Luther Strange. Curious? I think so. Also, none of these alleged accusers live in Etowah County, Alabama and haven’t for decades. If these allegations were true, wouldn’t there be folks all over Etowah County who’d know about them? The media is now scouring Gadsden interviewing people who claim they heard that someone told them that along time ago a friend of a friend said Moore was this or that. Such rumor mills are not the basis for a solid accusation of anything. Not ever.
When Moore’s initial accusers made their claims, legal experts said that Moore was immune from prosecution for those events due to the passage of time. Suddenly, we have a new accusation that is likely not immune from prosecution. How bloody convenient!
All of these accusers claim that they didn’t complain about Moore because, as a lowly assistant district attorney, he was too powerful and no one would believe them. 
That’s hogwash. I’ve seen junior prosecutors go down in flames over drug use, sexual improprieties, falsifying evidence (ask Nancy Grace), and other misdeeds. I have never been a prosecutor, except once, when I was named as a special prosecutor to prosecute a district attorney for DUI. I got a conviction. It can happen and it does happen. I know, because I did it.
Further, Moore was a Republican prosecutor. The allegations of 40 years ago, if believed, took place during a time when the attorney general of Alabama was a Democrat. He’d have gone after Moore with relish. Any of these accusers could have gone to any decent lawyer in Alabama and the lawyers would have pointed them in the direction of the attorney general’s office, and the stout-hearted lawyers would have sued Moore for money and gone after his law license.
The fact that none of this happened speaks volumes.
We are at a watershed moment in American history. Leftist lesbian feminists have been selling the notion that America has a “rape culture” and that “all men are sexual predators.” In the wake of the Harvey Weinstein furor and the resulting media frenzy over any story regarding  allegations of sexual impropriety, the media is salivating over any hint of impropriety. The accused are guilty until proven innocent.
Further, advocacy media has replaced quality journalism. Few news outlets go deeper than the facts that support their thesis when they report a story.
And worse, fake news planted by political operatives is often republished by “mainstream” media too much in a hurry to be first with the story to bother to be accurate.
So, where does that leave us?
Polls show those who support Moore continue to do so despite the allegations, believing them to be “fake news.” There is some basis for that opinion. Those who hate Moore hate him all the more, believing the allegations to be true. There is some basis for that opinion also.
That said, we are a nation that supposedly believes in the mantra that a man is innocent until proven guilty. Far too many people on the far left and far right have agendas seeking to weaken that belief. Indeed, Mitt Romney and the GOP establishment has drunk the liberal leftist Kool Aid which says the presumption of innocence is dead when it comes to allegations of sexual assault. The mantra that we must “Always believe the victim” has replaced intelligent inquiry into the facts. The liberal left is now scrutinizing Moore's legal decisions as if they contain a hidden map to his demented character. They cite cases like Ex Parte Higdon, in which Moore's dissent in a child rape case was legally correct, as a sign of his latent pedophilia. This is abject bullshit.
The reality is Moore is the victim of character assassination of the worst kind. If these are valid accusations, they should be brought in court, not the court of media opinion. After nearly 40 years in politics, Moore’s opponents have had plenty of chances to dig up whatever dirt there is. Now, suddenly, all of these people have “memories” they can recount but no provable basis for them.
It’s just innuendo, rumor and all of it is 40 years old.
Ask yourself this: If you were in Roy Moore’s shoes, how would you like to be treated?
Absent a criminal complaint and a legal case against Moore, this brouhaha is all innuendo and gossip. Until a case is brought that can stand the test of the legal process, the case against Roy Moore doesn’t hold water.
Vote for or against Moore for his public positions, but grant to him the presumption of innocence until there is a charge brought in a court of law and heard by a real judge and a real jury.

Tuesday, January 17, 2017

This is why the rush to arrest and convict often results in a wrongful conviction.