Burglar finds nude photos of his sister

[zakur]

Man makes startling discovery in break-in (http://www.daytondailynews.com/localnews/content/localnews/daily/1028rape.html)

A 20-year-old man burglarizing an apartment pried open a tackle box and found nude photos of young girls, including his little sister.

The man turned himself and the pictures into police, who later arrested the apartment's tenant, a registered sex offender now facing a possible life sentence after being charged with rape of a child under the age of 13 and illegal use of a minor in nudity-oriented material.Weird.

[Chaos]

Looks like there is honor among thieves.

Actually, I´m impressed.

[rikzilla]

Nice,

I wonder how that plays out in court though,....or is it not illegal search and seizure when someone other than a cop does it??

-z

[shuize]

Not a problem. The Fourth Amendment protects citizens from "state action" not the neighborhood burglar.

As long as the police didn't encourage the kid to break in and grab evidence, it's admissible.

[rikzilla]

Originally posted by shuize
Not a problem. The Fourth Amendment protects citizens from "state action" not the neighborhood burglar.

As long as the police didn't encourage the kid to break in and grab evidence, it's admissible.

Gee,...it somehow doesn't seem fair.

:clap:

...an unfairness which makes me strangely happy! I do hope the burglar gets a reduced sentence!

-z

[Tony]

It is weird. What kind of reduced sentence would you like to see Rik? What is a normal sentence for a break-in of this type?

[rikzilla]

Originally posted by Tony
It is weird. What kind of reduced sentence would you like to see Rik? What is a normal sentence for a break-in of this type?

I honestly have no idea! I think it depends on the state, and the circumstances.

I remember G. Gordon Liddy did 8 years in federal prison for the Watergate break-in in DC. However, other people have actually been given nothing more than probation for a first time conviction such as his. There have even been people in DC convicted of murder that have been parolled within 8 years.

The moral is, don't get caught comitting a political crime.

So, I'd say a short probation is in order here. Eh?
-z

[shuize]

Prosecutors may need the burglar to tie their case together. If so, I'm sure they'd be willing to deal to get the testimony to nail the child rapist.

[ceptimus]

The prosecutors should nail the child abuser...

...and then prosecute the burgular as though nothing had happened.

[Suddenly]

Originally posted by ceptimus
The prosecutors should nail the child abuser...

...and then prosecute the burgular as though nothing had happened.

"I'll take 'Reasons For the Right To An Attorney' for $200 Alex"

"The answer is, 'What the state will do in a heartbeat'"

"What is 'bargain in bad faith?'"

"Correct!"

[zakur]

Charges ahead for man who found porn (http://www.daytondailynews.com/localnews/content/localnews/daily/1112charged.html)

Piqua police will file a felony burglary charge against a 20-year-old man who gave them nude photos of young girls — including his little sister — he found inside an apartment he broke into last month.

"I appreciate his willingness to cooperate with the police department, but we can't overlook the initial conduct," said Piqua Prosecutor Jeff Slyman.

[...]

Police detectives also have been told to file a felony burglary charge against the 20-year-old, whose name is not being used by the Dayton Daily News to protect his sister's identity. Slyman said he wouldn't oppose, though, allowing the burglar to plead to a lower level felony charge.

"I would imagine we could work something out because of his cooperation, coming forward. That doesn't lessen the fact he was in someone else's apartment," Slyman said.

[Mycroft]

I bet this isn't the coincidence it's made out to be. He may or may not have been looking for the porn, but I bet he chose his target because he already knew him.

[nightwind]

Yea, I imagine the burglar new the tenant also, and sounds like some kind of set up to me.

But, you still do not let the burglar off the hook. He should be punished for the crime that he committed also.

[heath]

Originally posted by Chaos
Looks like there is honor among thieves.

Actually, I´m impressed.

I don't think you thought this comment through very well. What did you expect him to do, pretend he saw nothing and continue burgling the appartment?

theif does not equal completely amoral.

Given the same situation I'd wait for the bastart to come home...

[bangdazap]

Originally posted by rikzilla


I remember G. Gordon Liddy did 8 years in federal prison for the Watergate break-in in DC.
Liddy served 5 years of his sentence before being pardoned by Carter. (http://en2.wikipedia.org/wiki/G._Gordon_Liddy)

[shuize]

Originally posted by ceptimus
The prosecutors should nail the child abuser...

...and then prosecute the burgular as though nothing had happened.

Ding! Ding! Ding! Ding!

[ImpyTimpy]

Originally posted by Mycroft
I bet this isn't the coincidence it's made out to be. He may or may not have been looking for the porn, but I bet he chose his target because he already knew him.

Uhh... You did read the second article right?

The 20-year-old told police he watched Yearsley, whom he knew, leave the apartment and broke in once after he left.

Nothing to bet, he admits to knowing the paeodophile. Most likely he suspected something was wrong so he broke into the guy's apartment to get some evidence... At least that's the slant the article seems to be presenting.

[The Central Scrutinizer]

If there are a bunch of catholics on teh jury, they won't be happy that this guy broke into a priests apartment.

[ceo_esq]

Under Ohio law, it's only "burglary" if the perp knew that the premises were likely to be occupied at the time of entry. I would think that this fellow would be guilty of no more than breaking and entering - a 4th degree felony (due to the reduced risk of physical harm to innocent people) punishable by 6 to 18 months' imprisonment and a $5,000 fine.

The burglar made a conscious choice to turn himself in and will presumably enter a guilty plea. The DA might want the burglar's testimony in the pornographer's case, as well. If he has no priors, I think it would not be inappropriate to let the guy off with the minimum penalty and include time served.

Based on what little I know of the facts, I'd say that a decent defense attorney would get the burglar off with no more than a trespassing conviction and a suspended sentence.

[Taeolas]

I'm surprised no one has asked the real question yet...

How long before this store appears as the plot on one of the Law and Orders? (Since the 'burgler' is the hero in this story, I guess it's be L&O:CI most likely)