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November 2, 2009

"Man Charged With Filming Sex With 14-Year-Old Says He Is 'Going To Jail For Love'"

The title of this post is the headline of this interesting federal sentencing story from Tennessee, which actually raises some interesting post-Booker sentencing issues.  Here are the basics:

A 23-year-old Winchester man was sentenced in Chattanooga Federal Court on Monday to serve four years and four months in federal prison for filming sexual encounters with a 14-year-old girl. Mary Ellen Coleman, attorney for Brad A. Davis, said he "cared" for the girl and had no intention of distributing the videos of her.

Davis, after being sentenced by Judge Sandy Mattice, said, "I guess I'm going to jail for being in love."  Davis had been charged after a Winchester attorney turned a tape over to the Winchester Police Department.  The attorney said he got it from a member of the victim's family.

Authorities said Davis made a video of the girl having consensual sex with him and also used his cell phone to film her performing a sexual act on him.  He also used a Nikon camera to take 22 photos of her nude in provacative positions....

The sentencing range for Davis was 46-57 months.  Attorney Coleman asked for a lighter sentence, noting that former Baylor teacher/coach got diversion after having sexual encounters with a 16-year-old girl.  Prosecutor John MacCoon said that was in state court, and he said federal judges are not to take state sentencing into account but to focus on uniformity in the federal system....

Prosecutor MacCoon said the Davis situation became a federal case rather than a statutory rape charge in state court because he took the videos and pictures.  He pleaded guilty to possession of child pornography.

November 2, 2009 at 06:31 PM | Permalink

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Comments

"Let my client off easy because he got off easy last time he did this" does not sound like a terribly persuasive argument to me.

Posted by: Kent Scheidegger | Nov 2, 2009 8:06:36 PM

This case is putting the lie to my claim that only violent, dangerous people are going to prison. He is taking the place of a paranoid, meth abusing, ultra-violent, paramilitary, illegal alien gang member that will behead the person for a disrespectful remark. The vile criminal lover prosecuting him is taking on an easy target.

All targets of the federal thug should insist that an attempt be made to achieve the personal destruction of the federal thug.

In this case, specifically, what harm took place? The little hussy went along with it. Also, she is not a little hussy, she is a big hussy, being an inexperienced adult at age 14. This failure of proper upbringing results in the punishment of the taxpayer.

The defendant should have gotten a good caning, and have been sent on his way. The big hussy should have gotten the same number of strokes. While we are at it, the parents of both should have gotten the same number of strokes for their failure to bring up a proper maiden, for bringing up a big slut. While we are at it, the vile local feminist lawyers and their male running dogs should have gotten the same number of strokes for undermining the ability of the family to control their big slut hussies by their abusive anti-child abuse rules.

Posted by: Supremacy Claus | Nov 2, 2009 10:16:25 PM

What was the cost of this fiasco? A $million. Turning a sex romp into a federal case, while Al Qaeda prepares for the next big one. I would like to see this idiot, self-serving prosecutor get the same cane strokes. He is the most evil character in this sordid affair. To deter.

Posted by: Supremacy Claus | Nov 2, 2009 10:18:55 PM

With respect to the good folks of Tennessee, this is Tennessee we're talking about. Reputedly there hasn't always been a great sense of public outrage there in teen-age girls pairing up with somewhat older guys.

No, this appears to be yet another example of creative, aggressive prosecutors running amok as America's opportunistic dragon slayers.

Four and a half years in prison and a life-time federal-sex-offender jacket for what most everyone but the prosecutor seems to view as statutory rape with a technological twist?

This is what it's come to, relentless pursuit of anyone who can be portrayed, even if straining and squinting is required, as a child pornographer or a terrorist.

No, I wouldn't want my 14-year-old daughter to date or pose for a 23-year-old photographer. But neither would I expect the full weight and wrath of the federal government to come down on her misguided, salacious boyfriend.

Posted by: John K | Nov 3, 2009 9:07:25 AM

It's rare that I can even comprehend what Supremacy Claus is saying. For once, I both understand and agree with him. This case should not be in federal court.

Posted by: Marc Shepherd | Nov 3, 2009 10:54:33 AM

How a digital camera makes anything a federal case is beyond me.

Posted by: Publius | Nov 3, 2009 12:12:45 PM

How a digital camera makes anything a federal case is beyond me.

When you take a picture of sex with a juvenile, you become a creator of child pornography. I don't put this guy in the same category of those who are putting this stuff up for sale on the Internet. Nevertheless, in the eye of the law, he is a child pornographer.

Posted by: Marc Shepherd | Nov 3, 2009 1:02:37 PM

it makes you wonder doesn't it.. and makes me happy I live in norway where the law is pretty much the same, but the system works a bit better imo.

Posted by: red area rugs | Dec 11, 2009 2:51:59 AM

Yet more precious taxpayer dollars down the drain. What a waste and what an embarrassment. So many bigger fish to fry. Geez, get some perspective and get your priorities right!

Posted by: Medline Scrubs | Dec 21, 2009 2:07:07 PM

Okay jackasses. The mn was in love and if it was consentual, then why prosicute?! Age is just a number! 10 years differance. It seemed like alot then, but when they are older,it is nothing so whats the difference? God, I wish people would mind their own business!

Posted by: Your mom. | Dec 28, 2009 3:26:34 AM

So pretty much, thank you to those who aren't saying vile things about these two. And to those of you who are, get over yourselves. You don't know them, nor will you ever. She was not 14. She was fifteen when they met in the first place. When they made that video, they BOTH wanted to. She was never forced to do anything. He was always there for her. When she was in a relationship with some other guy and they had problems, he was there to comfort her. I mean hell, 7 years is not that much of a difference. I bet at least half of you are in a seven year difference relationship and you don't see anyone else complaining or calling you vile names. No, I would not want that to be my child, but they went through hell for each other. And it turns out, they still will be! I know Brad, and I know the girl in the tape. They love each other very much and would do anything for each other. And as you can all see, it even means going to jail for her. God, she is going through hell without him. The only time they could ever be happy was when they were in each other's arms. Anyhow, get over it. It's not your child and it's not your business. So stay out of it.

Posted by: Blah. | Dec 30, 2009 5:56:54 PM

I AM THE GIRL IN THE VIDEOS AND I AM THE GIRL BRAD DAVIS IS SITTING IN JAIL FOR.. I LOVE BRAD WITH ALL OF MY HEART AND I FULLY INTEND ON WAITING ON HIM.. I WILL BE THERE FOR HIM WHEN HE GETS OUT! ME AND BRAD DID NOT STAT DATING UNTIL I WAS 15 YEARS OLD AND I AM 16 NOW NOT FUCKING 14.. AND I WILL BE A LEGAL ADULT IN A YEAR AND 3 MONTHS SO WHY COULDN'T WE JUST BE LEFT ALONE!! THOSE VIDEOS AND PICTURES WERE TAKEN FOR BRAD'S AND MY EYES ONLY!! I AM NOT A SLUT.. BRAD AND I CARE FOR EACH OTHER MORE THAN ANY OF YOU CAN UNDERSTAND AND OUR RELATIONSHIP WAS NOT BASED ON SEX!! WE DIDN'T START HAVING SEX UNTIL 8 MONTHS INTO THE RELATIONSHIP.. WE SPENT HOLIDAYS AND BIRTHDAYS TOGETHER AND WE HAD TO FIGHT HARD JUST TO GET MY PARENTS TO LET US SEE EACH OTHER WE HAVE BEEN THROUGH HELL AND BACK TOGETHER AND EVERY SECOND I GOT TO SPEND WITH HIM WAS WORTH IT.. I REGRET THAT WE MADE VIDEOS BUT I WILL NEVER REGRET LOVING BRAD.. I MAY BE YOUNG BUT I AM NOT STUPID I KNOW WHAT LOVE IS.. BRAD ALWAYS TREATED ME WITH RESPECT AND HE NEVER FORCED ME INTO ANYTHING.. HE DOESN'T DESERVE TO BE IN PRISON.. THERE ARE PEOPLE OUT THERE DOING SO MUCH WORSE.. SO TO ANY OF YOU THAT HAVE ANYTHING BAD TO SAY ABOUT THE SUBJECT FUCK YOU YOU STUCK UP SON OF A BITCHES ROT IN HELL!!! ALSO TO KENT SCHEIDEGGER FUCK YOU YOU PIECE OF SHIT YOU DON'T KNOW WHAT YOU ARE TALKING ABOUT!!!!BRAD DAVIS IS WORTH WAITING FOR AND HE IS NOT A PERVERT.. IF I COULD TAKE HIS PLACE I WOULD IN A FUCKING HEART BEAT!

Posted by: the girl in the videos | Dec 30, 2009 6:42:38 PM

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