- 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)
Contradicting Studies Leave Biden’s COVID-19 Booster Plan Up in the Air
While some studies show that the effectiveness of Pfizer and Moderna’s COVID vaccines decrease over time, other publications argue the decline is not substantial and a full-flung booster campaign is premature.
Booster Rollout in Flux
President Joe Biden’s plan to offer COVID-19 booster shots is facing serious hurdles just a week before it is set to roll out. Issues with the plan stem from growing divisions among the scientific community over the necessity of a third jab.
The timing of booster shots administration has been a point of contention for months, but the debate intensified in August when Biden announced that, pending regulatory approval, the government would start offering boosters on Sept. 20 to adults eight months after they received their second dose of Pfizer or Moderna.
The announcement was backed by the director of the Centers for Disease Control and Prevention (CDC), the acting commissioner of the Food and Drug Administration (FDA), and White House chief medical advisor Dr. Anthony Fauci, among others.
However, many scientists and other health experts both inside and outside of the government have continually criticized the plan. They have claimed the data supporting boosters was not compelling and argued that, while the FDA approved third doses for immunocompromised Americans, the push to give them to the general public was premature.
The plan also drew international backlash from those who argued the U.S. should not launch a booster campaign when billions of people around the world have not gotten their first dose yet. Earlier this month, the World Health Organization (WHO) extended its request that wealthy countries hold off on giving boosters until at least the end of the year.
Those arguments appeared to be bolstered when federal health regulators said earlier this month that they needed more time to review Moderna’s application for booster shots, forcing the Biden Administration to delay offering third shots to those who received that vaccine.
Now, Pfizer recipients will be the only people who may be eligible for boosters by the initial deadline, though that depends on a forthcoming decision from an FDA expert advisory committee that is set to vote Friday on whether or not to recommend approval.
Debate Continues in Crucial Week
More contradictory information has been coming out in the days leading up to the highly anticipated decision.
On Monday, an international group of 18 scientists, including some at the FDA and the WHO, published a review in The Lancet arguing that there is no credible data to show the vaccines’ ability to prevent severe disease declined substantially over time, so boosters are not yet needed for the general, non-immunocompromised public.
The experts claimed that any advantage boosters may provide does not outweigh the benefit of giving the extra doses to all those who are unvaccinated worldwide.
On the other side, a study released Wednesday in The New England Journal of Medicine found that people who received a third shot of Pfizer in Israel were much less likely to develop severe COVID than those who just had the first two jabs.
The same day, both Pfizer and Moderna published data backing that up as well. Pfizer released an analysis that said data on boosters and the Delta variant from both Israel and the U.S. suggested “that vaccine protection against COVID-19 infection wanes approximately 6 to 8 months following the second dose.”
Moderna also published data, that has not yet been peer-reviewed, which also found its jab provided less immunity and protection against severe disease as time went on.
Further complicating matters was the fact that the FDA additionally released its report on Pfizer’s analysis of the need for a booster shortly after Pfizer’s publication. Normally, those findings would shine a light on the agency’s stance on the issue, but the regulator did not take a clear stand.
“Some observational studies have suggested declining efficacy of [Pfizer] over time […] while others have not,” the agency wrote. “Overall, data indicate that currently US-licensed or authorized COVID-19 vaccines still afford protection against severe COVID-19 disease and death.”
It remains unclear what the FDA panel will determine when they meet Friday, or what a similar CDC expert panel that is expected to meet next week will decide regarding vaccination policies.
Notably, officials at the two agencies are not required to follow the recommendations of their expert panels, though they usually do.
Even if the FDA approves Pfizer’s application as it stands to give boosters to those 16 and older, people familiar with the matter said the CDC might recommend the third jabs only for people 65 and older or those who are especially at risk.
Regardless of what is decided, experts have said that it is absolutely essential for the agency to stand firm in its decision and clearly explain its reasoning to the public in order to combat further confusion and misinformation.
“F.D.A. does the best in situations when there are strongly held but conflicting views, when they’re forthcoming with the data and really explain decisions,” Dr. Joshua Sharfstein, a vice dean at the Johns Hopkins Bloomberg School of Public Health told The New York Times. “It’s important for the F.D.A. not to say, ‘Here’s our decision, mic drop. It’s much better for them to say, ‘Here’s how we looked at the data, here are the conclusions we made from the data, and here’s why we’re making the conclusions.’”
See what others are saying: (The New York Times) (CNBC) (The Guardian)
Kansas Lawmaker Accused of Kicking Teen in Groin Receives Suspended Sentence
Before allegedly assaulting the teenager in class, the lawmaker and former substitute teacher ranted to students about God, the Bible, Masturbation, and more.
Samsel Displays Inappropriate Behavior
Kansas Rep. Mark Samsel (R) was given a 90-day suspended jail sentence and one year of probation Monday after pleading guilty to three misdemeanor charges of disorderly conduct.
Samsel, a former high school substitute teacher in Wellsville, initially caused outrage in April after displaying bizarre classroom behavior. Footage recorded by students and published by the Kansas City Star showed Samsel ranting about the wrath of God, the Bible, masturbation, suicide, and other topics. At one point, he allegedly even pushed a student against a wall and kicked him in the groin.
While that specific altercation doesn’t appear to have been caught on video, student footage shows what seems to be the aftermath of the alleged assault.
“I’m simply built different, Mark. I don’t feel pain,” the student jokingly tells Samsel after picking himself up off the ground. Samsel responds by asking if the student is about to cry.
“You want to go to the nurse? She can check it for you?” Samsel adds.
“Make babies! Who likes making babies? That feels good, doesn’t it? Procreate,” Samsel said at another point in the video. “You haven’t masturbated? Don’t answer that question.”
Other notable quotes include, “Would you like me to introduce [you] to a sophomore who’s tried killing himself three times because he has two parents and they’re both females?,” and, “I could put the wrath of God on your right now because that is what he is trying to do. You should run and scream cause the devil’s getting the hell out of my classroom.”
After students reported his behavior, Samsel told local news outlets that he didn’t do anything wrong and that the situation was actually “planned.”
“The kids and I planned ALL this to SEND A MESSAGE about art, mental health, teenage suicide, how we treat our educators and one another. To who? Parents. And grandparents. And all of Wellsville,” he also wrote on Snapchat, according to The Star.
However, he later told investigators that he what at his “wit’s end” with “misbehaving students.” Then last month, he announced via Facebook that he had sought mental health treatment and was giving up his substitute teaching license, describing the situation as an “isolated episode of mania with psychotic features’‘ prompted by “extreme stress, pressure and agitation.”
Samsel faced additional consequences in conjunction with his suspended sentence and year of probation. He was also banned from using social media, unless for political purposes. He cannot have contact with the students who reported him and must write apology letters to those involved. He must also follow mental health treatment recommendations and take any prescribed medications
Samsel, for his part, apologized in his court appearance via Zoom, saying he never “intended for anyone to get hurt.”
Some parents seem happy with the sentence, like Joshua Zeck, who told the Star, “From the beginning, all I wanted was for Mark to get some help.”
“I don’t want to see anybody go to jail. So if this does him so good and he’s doing better, I’m happy to hear that,” Zeck continued.
Others in the community told the paper that his sentencing was too lenient, including Mary Woods, whose niece had class with Samsel the day of the incident.
“I don’t think that’s enough. He laid his hands on a kid. … He traumatized a lot of these kids. I think it’s bullsh*t, to say so myself.”
As far as whether Samsel will keep his job in the state legislature, Kansas House Speaker Ron Ryckman said that’s up to voters to decide.
See what others are saying: (The Kansas City Star)(Insider)(NBC News)
Alabama Man Dies After Being Turned Away From 43 Hospitals Overwhelmed by COVID Patients, Family Says
Alabama currently has the second-highest COVID hospitalization average and fourth-lowest vaccination rate in the country.
Full ICUs Allegedly Delay Care for Emergent Cardiac Patient
The family of an Alabama man who died of heart issues is calling on people to get vaccinated after he was turned away by 43 hospitals in three states while having a cardiac emergency because all of their Intensive Care Units were at maximum capacity with COVID patients.
The man, 73-year-old Ray DeMonia, was taken to Cullman Regional hospital in Alabama on Aug. 23. The next morning — around 12 hours after he was admitted — his daughter said her mother got a call saying that hospital workers were unable to find him a specialized cardiac ICU bed in the area.
He was eventually transferred to a hospital in Mississippi about 200 miles away and died on Sept. 1, just three days before his birthday.
In DeMonia’s obituary, his family pleaded with people to get the vaccine.
“In honor of Ray, please get vaccinated if you have not, in an effort to free up resources for non COVID related emergencies,” they wrote. “He would not want any other family to go through what his did.”
Officials and healthcare providers in Alabama have said DeMonia’s case is not a one-off incident.
Jennifer Malone, a spokesperson for Cullman Regional, told The Washington Post that situations like this have been an “ongoing problem” reported by doctors at the hospital and others throughout the state.
“When patients are transported to other facilities to receive care that they need, that’s becoming increasingly more difficult because all hospitals are experiencing an increased lack of bed space,” she said.
On Friday, Scott Harris, the head of the Alabama Department of Public Health, said that the state’s spike in ICU patients has stabilized some. Still, he added there are not enough ICU beds for the number of patients that need intensive care, many of whom are unvaccinated.
Even with the spikes “stabilizing,” Alabama still has the second-highest COVID hospitalizations in the U.S., according to The Post tracker.
The calls from DeMonia’s family for people to get vaccinated also come as Alabama struggles with the country’s fourth-lowest vaccination rate. Despite those figures, top officials in the state are doing little to address the issue.
Last week, after President Joe Biden rolled out a sweeping vaccine mandate for 100 million people and promised he would use his power to circumvent Republican leaders “undermining” relief efforts, Alabama Gov. Kay Ivey (R) told the president to “bring it on.”
Ivey then doubled down on her refusal to mandate vaccines in her state, where people are being refused emergency hospital care because so many unvaccinated people are in ICU beds.
“You bet I’m standing in the way. And if he thinks he’s going to move me out of the way, he’s got another thing coming,” she said, referring to the mandates as “outrageous” and “overreaching” policies that will “no doubt be challenged in the courts.”