canada canadian flag.gifOkay, they didn’t quite say that. But they might as well have. A quick update on a story we previously wrote about:

An American schoolteacher sentenced to three years’ probation — to be served in Canada — [was] detained at the border, Public Safety Minister Stockwell Day has confirmed.

Malcolm Watson, who was convicted of a minor sexual offence concerning a 15-year-old girl, was arrested by Canadian border guards while returning from a court appearance Thursday in Buffalo, N.Y.

“We don’t want to see Canada become a haven for pedophiles or anyone else committing a serious crime,” Day said outside the House of Commons.

Ooooh, Canada’s going to get tough on Malcom Watson. Maybe they’ll take away his free health care!
Of course, it didn’t take long for Watson to get off:

An Immigration Review Board official [on Friday] freed Mr. Watson on a $5,000 bond, saying he poses little danger to Canadian society. The 35-year-old, earlier convicted of minor sexual offences in Buffalo and allowed to serve his three-year probation in Canada, is required to reside with his Canadian wife and children in their St. Catharines, Ont., home.

Canadian officials will try to get him shipped out of the country, but it may be an uphill battle:

[I]f a [Canadian] resident [like Watson] is convicted of a crime outside the country, the government must find an equivalent offence under Canadian law, according to Toronto immigration lawyer Lorne Waldman. That could prove tricky in Mr. Watson’s case, because his crime involved his relationship with a 15-year-old girl, and the age of consent in Canada is 14.

Only fourteen? Forum-shopping child molesters, nota bene.
Canada, stop fighting this; you know you want it. And if you’re really well-behaved, we’ll send you Mark Foley after he gets out of reheab.
PM unhappy after U.S. sex offender freed [Toronto Globe and Mail via How Appealing]
Day Says U.S. Sex Offender Arrested at Border []
Earlier: Because Canada Is Suffering from a Pervert Shortage

canada canadian flag.gifWe’re all in favor of innovation in criminal sentencing. But this struck us as a little weird:

After a judge convicted him of sexually abusing a 15-year-old student, teacher Malcolm Watson was offered two punishment options: an American jail cell or exile to Canada.

Mr. Watson chose Canada.

The unusual sentence, which has immigration lawyers questioning its legality, means that Mr. Watson, 35, must stay out of the United States for the next three years. A U.S. citizen who taught at the elite Buffalo Seminary girls’ school, he has a Canadian wife and family.

They send us oil, maple syrup, and Alanis Morissette; we send them child molesters. Fair trade at its finest. Yay NAFTA!
Some of you might say that Watson is getting off — hehe — a bit easy. We see your point. After all, Canada boasts the world’s largest shopping mall. And the West Edmonton Mall is surely high on the sightseeing list of an aficionado of fifteen-year-old girls.
Sentence for Sexual Abuse: Three Years’ Exile in Canada [Toronto Globe & Mail]
Get out of town. On second thought, make that the country. [PrawfsBlawg]
Banishment as an alternative sentence, eh? [Sentencing Law and Policy]
U.S. Judge: Spend Three Years in Canada, Avoid One Year in Jail [WSJ Law Blog]
(Gavel Bang: All links from How Appealing’s comprehensive round-up.)

guitar electric guitar.jpg* For those of you hipsters moaning about gentrification in your respective cities (but really, where is this clamor louder than in New York City?), is this what you mean by “keeping it real”? [New York Daily News via Althouse]
* While we all know what happens to pedophiles in jail, this guy should at least be thankful he didn’t find himself on the receiving end of Chris Hansen’s indignant gaze on national television. [New York Law Journal (free access available for only one more week)]
* Anything to avoid the future in-laws. [MSNBC]
* Judging from your response to our round-up of Craigslist postings, we know you’ve also partaken of those delightful “Missed Connections” on more than one occasion. Fodder for a future Non-Sequiturs. [Kizmeet]
* Is this any stranger than women applying mascara in the car? Yeah, someone should put a warning on mascara. And, as a sidenote, how cute is it that Professor Childs hosts an indie kids’ music show with his own kid? [TortsProf Blog]

enema of the state blink 182.jpgYeah, we know, the law is what’s on the books — not what judges feel like it should be. So we don’t take issue with the New Jersey Supreme Court’s recent sex offender registration decision as a legal matter.
But we do question the case’s outcome as a policy matter. From the Newark Star-Ledger (via How Appealing):

A Warren County teenager who, at age 12, was caught “playing doctor” with his 6-year-old half-brother must register as a sex offender under Megan’s Law, the state Supreme Court ruled yesterday.

The 6-0 decision reversed an appeals court ruling that the teenager, now 19 and identified only as “T.T.,” was exempt from Megan’s Law because his offense was not sexually motivated.

So this poor kid, an aspiring proctologist, gets lumped in with all the hard-core sex offenders. Here’s what he did, back when he was a wee lad of 12 (he’s now 19):

[O]n Jan. 15, 2000, T.T. was visiting the Phillipsburg home where his half-brother lives when he used a douche bottle to give the younger boy an enema.

The boy said T.T. woke him early in the morning, “threw me on the couch and took off my pants” and inserted the douche bottle.

T.T. admitted doing that and said he had done the same thing to himself. According to court records, T.T. told psychologist Timothy Foley he was “curious.”

Heh. Take it from us, kid: No good deed goes unpunished.
P.S. Note to Star-Ledger copy editor: Including “loophole” in this article’s title strikes us as being in poor taste.
Justices Close Megan’s Law Loophole [Newark Star-Ledger via How Appealing]
Court Upholds Juvenile Registration as Sex Offender [New York Times]

dick grasso.jpg* Justice Department lawyers have lost their Federal Circuit appeal in their long-running class action suit for overtime pay. Mama, don’t let your babies grow up to be DOJ attorneys. [Washington Post]
* The Ninth Circuit has ruled against a freelance journalist and blogger who refused to testify to a grand jury or turn over video footage he took of a violent protest at last summer’s G8 summit. The journalist, Josh Wolf, will seek an en banc rehearing. [New York Times]
* The latest news in Spitzer v. Grasso: Dick Grasso’s looking for a new judge, baby, a new judge. Eliot Spitzer is looking for a way to make his eyes look less beady. [Wall Street Journal via WSJ Law Blog]
* The fellow we mentioned yesterday, who had sex with his 14-year-old sister, has lost his suit to keep his identity off Virginia’s online sex offender registry. [Washington Post via How Appealing]
* Not directly related to the law, but interesting: Harvard University is ending its early admissions program next year. (And it has an indirect connection to the law, insofar as it might affect the educational paths of future lawyers.) [Wall Street Journal]

Donald Thompson Judge penis pump Above the Law.JPGJudge Donald Thompson — remember him? The Oklahoma state court judge who was packing a penis pump underneath that robe? Well, here’s the latest development in his fall from grace:

A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison….

At his trial this summer, his former court reporter, Lisa Foster, testified that she saw Thompson expose himself at least 15 times during trial between 2001 and 2003. Prosecutors said he also used a device known as a penis pump during at least four trials in the same period….

Police built a case against the judge after a police officer testifying in a 2003 murder trial saw a piece of plastic tubing disappear under Thompson’s robe. During a lunch break, officers took photographs of the pump under the desk.

Investigators later checked the carpet, Thompson’s robes and the chair behind the bench and found semen, according to court records.

“All rise,” indeed.

Judge Gets 4 Years for Exposing Himself [Associated Press]

kweku b hanson mugshot.jpgWe’ve already named William DiSalvatore our Lawyer of the Day, so that award is off the table. But if DiSalvatore hadn’t already grabbed the laurels, Kweku Hanson, of Hartford, Connecticut, would have been a deserving winner. Here’s why:

Sexual assault and child pornography charges pending against Hartford attorney Kweku J. Hanson aren’t enough to warrant the interim suspension of his law license. At least not in Hartford Superior Court Judge Lois B. Tanzer’s view.

Okay, fine, Hanson has only been charged, not convicted. Innocent until proven guilty, blah blah blah. But we couldn’t help noticing certain salacious details. Check ‘em out, after the jump.

double red triangle arrows Continue reading “What’s a Little Kiddie Porn Between Friends?”

* Immigration judges will be subject to annual performance reviews for the first time ever. Now the full extent of their incompetence will be revealed. [New York Times]
* Attorneys for the deceased Ken Lay begin the process of posthumously clearing his name. Death has some fringe benefits. [Houston Chronicle]
* You don’t need a lawyer to tell you this: Downloading kiddie porn on your office computer is a bad idea. A really bad idea. [San Francisco Chronicle]
* The Eighth Circuit upholds strip searches of juveniles; county detention center officials rejoice. Those guys are such perverts… [Sioux Falls Argus Leader]

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