- Prosecutors filed a waiver for a 16-year-old to be tried as an adult after he sexually assaulted a girl, filmed it, and sent it to his friends.
- A judge denied the waiver because he says the teen came from a “good family” and did well on college tests.
- An appellate court overturned the ruling, but many were upset with remarks the judge made.
- Many were particularly upset with the judge questioning whether or not the victim was really unaware of what was going on, and saying that she should take into account how this case would impact the boy’s life.
16-Year-Old Accused of Sexual Assault
Court documents show that a New Jersey family court judge brought up a 16-year-old boy’s “good family” and high test scores in a case accusing the teen of sexual assault.
Judge James Troiano denied a waiver in 2018 that would allow the teen, who court documents refer to as “G.M.C.” to be tried as an adult. His decision was overturned by an appellate court, whose ruling was made public in June.
According to court documents, in 2017, G.M.C. attended a party along with close to 30 others. Areas of the basement where the party was held were blocked off, and G.M.C. took a 16-year-old girl referred to as Mary to one of those sections. The documents said that the two had been drinking, and Mary was visibly drunk, slurring her words, and stumbling.
“A group of boys sprayed Febreze on Mary’s bottom and slapped it with such force that the following day she had hand marks on her buttocks,” the court document said.
“Mary and G.M.C. had intercourse in the darkened room,” the document continued. “G.M.C. filmed himself penetrating Mary from behind on his cell phone, displaying her bare torso, and her head hanging down. He forwarded the clip to several friends.”
G.M.C. also sent a text to his friends that read, “[w]hen your first time having sex was rape.”
After the incident, Mary was on the floor vomiting, and G.M.C.’s friends told Mary’s friends that she was ill and should be checked on. The next morning, Mary noticed the markings on her body and that her clothes had been torn. She told her mother she was afraid something had happened to her.
Over the next couple of months, she learned that G.M.C. had recorded the incident and tried to communicate with him so she could put the situation in her past. However, G.M.C. denied that such a video existed.
Mary’s mother contacted authorities and investigators told G.M.C. and his friends to delete the video, which they did. Mary and her family then pursued charges.
A prosecutor said there was probable cause to charge G.M.C. with aggravated sexual assault, invasion of privacy and endangering the welfare of a child. They also sought to elevate the charges to adult criminal court.
“[G.M.C.’s] conduct as it relates to the charged offenses was both sophisticated and predatory,” the prosecutor wrote in a waiver. “Filming a cell phone video while committing the assault was a deliberate act of debasement. And, in the months that followed, he lied to [Mary] while simultaneously disseminating the video and unabashedly sharing the nature of his conduct therein. This was neither a childish misinterpretation of the situation, nor was it a misunderstanding.[G.M.C.’s] behavior was calculated and cruel.”
Judge Troiano’s Statements
Judge Troiano issued a denying waiver. He said he did not think this was a “traditional case of rape.” When describing a traditional case he gave the example of “two or more generally males involved, either at gunpoint or weapon, clearly manhandling a person.”
Judge Troiano also said he found it unclear if Mary was really so drunk that she was unaware of what was going on. He later described the text message G.M.C sent as “just a 16-year-old kid saying stupid crap to his friends.”
“[T]his young man comes from a good family who put him into an excellent school where he was doing extremely well,” he later said, before citing that G.M.C. was also involved with Eagle Scouts. “He is clearly a candidate for not just college but probably for a good college. His scores for college entry were very high.”
Judge Troiano later added that Mary and her family need to consider what effects this would have on G.M.C.’s life.
The June appeal that overturned his decision allows for G.M.C. to be tried as an adult and moves the case out of family court. The appeal criticized the way Judge Troiano assessed the case saying it “sounded as if he had conducted a bench trial on the charges rather than neutrally reviewed the State’s application.”
“That the juvenile came from a good family and had good test scores we assume would not condemn the juveniles who do not come from good families and do not have good test scores from withstanding waiver applications,” the appeal added.
Reactions to Case
Once major outlets like the New York Times picked the story up, many were upset with the comments Judge Troiano had made regarding the case. Many criticized him for favoring a young man for the privilege he came from.
Others pointed out that Judge Troiano has been retired for several years, and according to the Times, is 70 years old. While in retirement, he has been asked to fill vacancies.
He is also not the only judge in New Jersey family courts that has been criticized for the way they handled sexual assault cases. In a very similar case, Judge Marcia Silva denied charging a 16-year-old boy accused of assaulting a 12-year-old girl as an adult.
She said that the “offense is not an especially heinous or cruel offense.”
“Beyond losing her virginity, the State did not claim that the victim suffered any further injuries, either physical, mental or emotional,” Judge Silva wrote.
In this case, as well, the appellate court was able to overturn her decision. Many expressed frustrations with her actions.
See what others are saying (New York Times) (The Hill) (NJ.com)
Amazon Backs GOP Bill to Legalize Marijuana in Effort to Ramp Up Lobbying
The proposal is the first Republican-sponsored marijuana bill Amazon has backed since the company first began lobbying for legalization last summer.
Amazon Endorses States Reform Act
Amazon announced Tuesday that it is endorsing a Republican-backed proposal to legalize marijuana.
The move comes as the e-commerce giant has ramped up its efforts to legalize cannabis on the federal level since it came out in support of the idea last summer. Amazon argues that the move would remove hiring barriers — which disproportionately impact people of color — and, in turn, could increase the company’s application pool and boost employee retention.
The company has previously backed similar proposals by forward by Democrats, but Tuesday’s announcement marks the first time Amazon has put its support behind a Republican-sponsored bill aimed at addressing the issue.
The legislation, called the States Reform Act, was authored by Rep. Nancy Mace (R-S.C.). Among other measures, it would remove cannabis as a Schedule I substance, allow states to create their own laws, impose an excise tax, and regulate the drug in a similar fashion to alcohol.
While Mace’s bill is fundamentally very similar to others put forth by Democrats, by proposing it herself, the Republican hopes to rally other members of her party around the idea that legalization is pro-business, pro-state’s rights, and anti-big government.
The measure has already received support from the highly influential conservative group, American’s for Prosperity, which is funded by the Koch brothers.
Mace and Amazon have painted the company’s endorsement as a game-changer for garnering more support — both from other large corporations and politicians on either side of the aisle. Mace specifically told reporters she believes Amazon’s decision will push other companies to do the same. If more major corporations like Amazon back the effort, other Republicans may be more persuaded to jump on board.
That sentiment was echoed by Brian Huseman, Amazon’s vice president of public policy, who said in an interview with The Washington Post that the company was “particularly excited by Congresswoman Mace’s bill” because “it shows that there’s bipartisan support for this issue.”
Huseman also emphasized that, as part of its decision to back her bill, Amazon will use its powerful influence in Washington to try and drum up bipartisan support.
“We are talking with members of both parties, including Republicans, about why we think this is the right thing to do, especially from the standpoint of a major employer and what this means for our business and our employees and broadening the employee base,” he continued.
See what others are saying: (The Washington Post) (Forbes) (Marijuana Moment)
CDC Data Shows Booster Shots Provide Effective Protection Against Omicron
Public health experts have encouraged Americans to get boosted to protect themselves against the omicron variant, but less than 40% of fully vaccinated people who are eligible for their third shot have received it.
A First Glimpse of Official Data on Boosters and Omicron
COVID-19 booster shots are effective at preventing Americans from contracting omicron and protecting those who do become infected from severe illness, according to three reports from the Centers for Disease Control and Prevention (CDC) published Friday.
The reports mark the first real-world data regarding the highly infectious variant and how it has impacted the U.S.
One of the CDC reports, which studied data from 25 state and local health departments, found that there were 149 cases per 100,000 people among those had been boosted on average each week.
In comparison, the figure was 255 cases per 100,000 people in Americans who had only received two shots.
Another study that looked at nearly 88,000 hospitalizations in 10 states found that the third doses were 90% effective at preventing hospitalization.
By contrast, those who received just two shots were only 57% protected against hospitalization by the time they were eligible for a booster six months after their second dose.
Additionally, the same report also found that the boosters were 82% effective at preventing visits to emergency rooms and urgent care centers, a marked increase from the 38% efficacy for those who were six months out from their two-shot regime and had not yet received a third.
Low Booster Shot Vaccination Rates
Public health officials hope that the new data will urge more Americans to get their booster shots.
Since the emergence of omicron, experts and leading political figures have renewed their efforts to encourage people to get their third shots, arguing they are the best form of protection.
The CDC currently recommends that everyone 12 and older get a booster shot five months after their second shot of Pfizer and Moderna or two months after receiving the single-dose Johnson & Johnson vaccine. Still, in the U.S., less than 40% of fully vaccinated individuals eligible for a third shot have gotten one.
While COVID cases in the country have begun to drop over the past several days from their peak of over 800,000 average daily infections, the figures are still nearly triple those seen in the largest previous surges.
Hospitalizations have also slowly begun to level out over the last week in places that were hit first, such as New York City and Boston, but medical resources still remain strained in many parts of the country that experienced later surges and have not yet seen cases slow.
Some experts predict that the U.S. will see a sharp decline in omicron cases, as experienced in South Africa and Britain. Still, they urge American’s to get boosted to ensure their continued protection from the variant, as well as other strains that will emerge.
See what others are saying: (The Washington Post) (CNN) (The New York Times)
California Bill Would Allow Kids 12 and Up to Get Vaccinated Without Parental Consent
Nearly one million California teens and preteens between the ages of 12 and 17 are not vaccinated against COVID-19.
State Senator Proposes Legislation
Legislation proposed in California on Thursday would allow children age 12 and up to get vaccinated without parental consent.
State Sen. Scott Wiener (D-San Francisco) introduced Bill 866 in the hope it could boost vaccination rates among teenagers. According to Wiener, nearly one million kids aged 12- to 17-years old remain unvaccinated against COVID-19 in the state of California.
“Unvaccinated teens are at risk, put others at risk & make schools less safe,” Wiener tweeted. “They often can’t work, participate in sports, or go to friends’ homes.”
“Many want to get vaccinated but parents won’t let them or aren’t making the time to take them. Teens shouldn’t have to rely on parents’ views & availability to protect themselves from a deadly virus.”
Currently, teens in California can receive vaccines for human papillomavirus and hepatitis B without parental consent. They can also make other reproductive or mental healthcare choices without a guardian signing off. Wiener argues that their medical autonomy should expand to all vaccines, especially during a pandemic that has already killed roughly 78,000 Californians.
Vaccine Consent Across the U.S.
“Teens shouldn’t have to plot, scheme or fight with their parents to get a vaccine,” he said. “They should simply be able to walk in & get vaccinated like anyone else.”
Bill 866 would allow any kids ages 12 and up to receive any vaccine approved or granted emergency use authorization by the Food and Drug Administration and recommended by the Centers for Disease Control and Prevention. Currently, Pfizer’s COVID vaccine has been fully approved by the FDA for those 16 and older. It has received emergency authorization for ages five through 15.
Across the United States, vaccine consent ages vary. While the vast majority of states require parental approval for minors to be vaccinated against COVID-19, kids as young as 11 can get the jab on their own in Washington, D.C. In Alabama, kids can receive it without parental consent at 14, in Oregon at 15, and in Rhode Island and South Carolina at 16. According to the Kaiser Family Foundation, providers can waive consent in certain cases in Arkansas, Idaho, Washington, and Tennesee.
In October, California became the first state to announce plans to require that students receive the COVID-19 vaccine to attend class. The mandate has yet to take effect, but under the guidelines, students will be “required to be vaccinated for in person learning starting the term following FDA full approval of the vaccine for their grade span.”
In other words, once the FDA gives a vaccine full approval for those aged 12 and up, it will be required the following session for kids in grades 7-12. Once it does so for kids as young as five, the same process will happen for children in kindergarten through sixth grade. There will also be room for exemptions from the mandate.
The Fight to Vaccinate California
This week, a group of California state legislators formed a Vaccine Work Group in order to boost public health policies in the state. Wiener is among the several members who are “examining data, hearing from experts, and engaging stakeholders to determine the best approaches to promote vaccines that have been proven to reduce serious illness, hospitalization and death from COVID-19.”
“Vaccines protect not only individuals but also whole communities when almost everyone is vaccinated at schools, workplaces and businesses, and safe and effective COVID-19 vaccines have already prevented the deaths of hundreds of thousands of Americans,” Sen. Dr. Richard Pan (D-Sacramento) said in a press release. “Public safety is a paramount duty of government, and I am proud to join a talented group of legislators in the pro-science Vaccine Work Group who want to end this disastrous pandemic and protect Californians from death and disability by preventable diseases.”
While vaccine policies have been a divisive subject nationwide, including in California, state politicians and leaders are hopeful public health initiatives will prevail.
“If we allow disinformation to drive our state policy making we will not only see more Americans needlessly suffer and die, but we will sacrifice the long term stability of our society having effectively abandoned the idea that we all must work together to protect each other in times of crisis.” Catherine Flores Martin, the Executive Director of the California Immunization Coalition, added.