Aspies For Freedom - Discrimination in the legal system

Oh, this is simply too much.

Have you spoken with your U.S. representative? If they are invoking federal law, get the feds involved. Make noise. The ACLU, as some one already suggested, is interested in reforming the Patriot Act because of just these kinds of abuses. Bring it to the attention of some big liberal blogs, such a Daily Kos. Get the press involved. Do not be intimidated.

BobB Wrote:

marieway Wrote:

BobB Wrote:

Hope that helps! Smile

Thank you for your reply.

marieway,
You're very welcome! Smile

marieway Wrote:

No, he had no idea at the time that blowing up tree stumps was a crime. The older boy had purchased gunpowder and when the police searched his house, they found evidence there.

The boy had posted this and other incidents on a site called You Tube. He apparently does this kind of thing a lot.

This was my son's first and only time of involvement.

This was considered to be an act of terrorism, as the tree stumps were in federal woods.

  If the 'friend' was the one who did everything, and had done it other times prior to the incident involving your son, that's a *clear* indication that your son *wasn't* involved in *any* planning or premeditation! He just *happened* to have been taken along on that *one* particular instance!

  The YouTube vids can be considered exculpatory evidence, by the way.

  And if this happened on *federal* land, shouldn't it be federal *jurisdiction*? A *county* DA (U.S. District Attorneys are appointed, not elected) shouldn't have the case if it's a federal offense!

marieway Wrote:

The older boy accepted a plea and they waited until my son was 18, then issued the arrest warrant, so despite the fact that he was 17 at the time, this is the way the assistant DA is dealing with it.

My attorney approached her with all our facts and she told him that unless my son had donated a kidney, she was not interested...... Sad

Apparently she is up for re-election this year...

  I *knew* she had to be up for re-election!

  If the 'friend' was 19 at the time the offense occurred, then he could have been charged with 'contributing to the delinquency of a minor'. That your son *wasn't* given the opportunity to plead down that the 'friend' was given could be considered a violation of the Equal Protection clause of the 14th Amendment.

  This assistant DA could also be disciplined for prosecutorial misconduct. It's *blatantly* obvious that she's unfairly disregarding mitigating circumstances - the fact that your son is autistic, that the 'friend' had done this numerous times before, etc. - and that she's she's pursuing it on a *malicious* basis, *not* because he had genuinely committed a crime.

marieway Wrote:

We are not looking for charges to be dismissed.

We are looking for his circumstances to be taken into consideration and the charges to be reduced. The other boy, who was 19 at the time, accepted a plea and was convicted of 1 felony charge to be entered as a misdemeanor after 3 years of probation.

Why not dismissed? The only reason that your son is even *in* this mess is because of the 'friend'! The *only* thing he did wrong was *trusting* this kid!

Given the assistant DA's little witch-hunt, it would probably be fairly easy to get a judge to throw it out!

marieway Wrote:

Had the deportation issue not arisen we would have accepted that but as he is 19 and the DA has already contacted INS and alerted them, we have to fight this.

We have mortgaged our house up to the hilt and we will do what needs to be done.

One person who you should *definitely* contact is Senator Ron Wyden; he and his staff should be able to help get things resolved without you having to worry about your son being convicted and/or deported.

marieway Wrote:

Appreciate the advice/help
Thank you

You're very welcome! Keep us posted, ok? Smile

-BobB

Thank you so very much for your support. I cannot tell you how much I appreciate this and how touched I was to read your response this morning.
I will keep you all posted and am working on the advice given over the weekend.
We have had many battles since my son was born, but this is by far the toughest! After 2 years with the school district, I was sure that it could not get worse.... Smile
Again thank you from the bottom of my heart

grizeldatee Wrote:

Oh, this is simply too much.

Have you spoken with your U.S. representative? If they are invoking federal law, get the feds involved. Make noise. The ACLU, as some one already suggested, is interested in reforming the Patriot Act because of just these kinds of abuses. Bring it to the attention of some big liberal blogs, such a Daily Kos. Get the press involved. Do not be intimidated.

Thank you so very much for your advice and I am working on it all this weekend.
I have been my sons advocate for 19 years and have been up against school districts etc. however this feels like a 'big one' but you are right, I will not be intimidated!
Thank you

marieway Wrote:

Unfortunately one of these friends took my son with him on an excursion into some local woods and blew up some tree stumps.

My son, then 17, was charged as an adult with 6 felony counts. My son had no idea at the time that he was doing something wrong.

Um, sorry I'm going to have to say thats bullshit. He knew it was wrong and just because he has Aspergers doesent mean he should get away with that. Quit using his disability as a crutch - you sicken me.

Marcia Wrote:

TheZach Wrote:

marieway Wrote:

Unfortunately one of these friends took my son with him on an excursion into some local woods and blew up some tree stumps.

My son, then 17, was charged as an adult with 6 felony counts. My son had no idea at the time that he was doing something wrong.

Um, sorry I'm going to have to say thats bullshit. He knew it was wrong and just because he has Aspergers doesent mean he should get away with that. Quit using his disability as a crutch - you sicken me.

Thought you were a Christian, TheZach. Maybe you could tell us how you reflect Christ in these comments...

Being Christian doesent mean I have to tollerate people being idiots.

I am not sympathetic to somoene that uses there disability as an excuse for them commiting crimes. I'm sorry but I didnt know you could blow up tree stums is not an excuse here - and frankly it sickens me everytime I see a court case that someone tries to get off because they have Aspergers.

This idiot should go to prison.

TheZach Wrote:

marieway Wrote:

Unfortunately one of these friends took my son with him on an excursion into some local woods and blew up some tree stumps.

My son, then 17, was charged as an adult with 6 felony counts. My son had no idea at the time that he was doing something wrong.

Um, sorry I'm going to have to say thats bullshit. He knew it was wrong and just because he has Aspergers doesent mean he should get away with that. Quit using his disability as a crutch - you sicken me.

I am sorry that I sicken you, despite the fact that you do not know me.

I have stated several times that I do not seek the charges to be dismissed but that his disability is taken into account.

I have MS and have been functional for as long as I can be, continue to work in the medical field and am doing my best to support my son.

I have a son in Iraq who is a medic, 2nd tour and our entire family have always worked hard and pay our taxes support my community and church.

That is ME, and if that sickens you, well...thats life I guess

Great, pull the son is in Iraq card into this. You sicken me even more. His Disaiblity should not be put into account because it does not change his judgement abilities (unless he was in a meltdown).

This just sounds like 17 year olds being idiots. Yes, your son commited a felony and should go to prison - quit trying to pin it on Aspergers and then telling the whole drama about your other sun in Iraq and supporting your community and church.

He still commitied a felony - and he knew better.

You are entitled to your opinion.
That is what this board is all about : )

Korrigan Wrote:

TheZach Wrote:

Great, pull the son is in Iraq card into this. You sicken me even more. His Disaiblity should not be put into account because it does not change his judgement abilities (unless he was in a meltdown).

This just sounds like 17 year olds being idiots. Yes, your son commited a felony and should go to prison - quit trying to pin it on Aspergers and then telling the whole drama about your other sun in Iraq and supporting your community and church.

He still commitied a felony - and he knew better.

TheZach, you are a nasty bastard.  She came here asking for help and you have been rude and out of line.  Please do not choose to use your disability as a reason for acting like such an ass.

You are a horribly judgmental person, and I wish you would be quiet and leave her alone to let the other people help her.

Sometimes it is preferable to just shut up rather than have diarrhea at the mouth like this.

I'm sorry - I refuse to help her justify her sons mistake by saying its becasue he has Aspergers. If you want to cuddle her go ahead, but I wont.

tenaciouscj Wrote:

I think there has been a huge overreaction to this young lad's actions. He shouldn't go to jail for blowing up a few stumps (and there is some doubt as to whether he actually blew up any stumps or was simply a spectator).

This anti-terrorism thing has got way out of hand. Instead of persecuting young boys likely to have some issues knowing what is right and wrong, why don't the authorities go after real terrorists?

Marieway, I hope there can be a happy end result here and I also think it is terrible that you've had to go into further debt for something that should have been dropped long ago. At most, your son should have been sternly cautioned and that's all.

If he was a spectrator he was a spectator - even before 9/11 blowing up stuff was illegal.

Korrigan Wrote:

marieway Wrote:

You are entitled to your opinion.
That is what this board is all about : )

Aye, and mine is that his behavior was inappropriate. Wink

......no argument from me there Smile

TheZach,
It is entirely possible that my son is not as fortunate as yourself when it comes to his abilities to function in his day to day life. For instance, you obviously have skills on the computer & within the online community. He does not.

He suffered a traumatic brain injury when he was 2, has seizure syndrome and takes a variety of medications daily.
Once again, I am not looking for the case to be dismissed just for his own personal circumstances to be taken into account.

My reference to my son in Iraq etc. was made to highlight the fact that we are not the kind of people that think it is fine and dandy to 'do the wrong' thing.

I am here on this board to learn......not to offend or sicken anyone.

TheZach Wrote:

If you run a red light but dont hit another car should you get a ticket or not?

This is a not traffic violation, Zach. He is being charged with a felony. Apples and oranges. I do not think his treatment is appropriate for what he has done, diagnosis or not. Probation and a significant amount of volunteer work at the forest where this occurred -- that seems more reasonable to me.

Gareth Wrote:

[quote=marieway]
TheZach,
It is entirely possible that my son is not as fortunate as yourself when it comes to his abilities to function in his day to day life. For instance, you obviously have skills on the computer & within the online community. He does not.

He suffered a traumatic brain injury when he was 2, has seizure syndrome and takes a variety of medications daily.
Once again, I am not looking for the case to be dismissed just for his own personal circumstances to be taken into account.

My reference to my son in Iraq etc. was made to highlight the fact that we are not the kind of people that think it is fine and dandy to 'do the wrong' thing.

I am here on this board to learn......not to offend or sicken anyone.

This doesn't add up - if he is so disabled that being able to post on a forum is a great skill in comparision due to a traumatic brain injury then this raises a few points:
1 - how did get a diagnosis of AS? the brain injury at an early age would have precluded this, quote from the DSM-IV:

Quote:

Initial diagnosis made in the U.K was autism, when he was 30 months. In the U.S, Childrens Hospital diagnosis was Aspergers.
We were involved in a car accident after the initial diagnosis.
Qualifying disability through the school district is 'ASD'

He is not comfortable with the 'feel' of a keyboard, does not like the sensation of typing. Also at times, has a concern that he can be seen through the monitor although we do not have a web cam.

2 - why was he alone in the woods with someone who was obviously a bad character if he's so disabled?

Mia culpa. My stupid desire to push him into making some social connections. I was working, he was home with a 'sitter'. I wanted him to have some friends so I encouraged this friendship.
Sitter's son came over with the 'bad character'......

So yes, I guess it is my fault. And I would be willing to go and work in a chain gang for the rest of my life if I could spare him this. I did suggest that they charge me as he was a minor, but no one was interested.