From Freematt357@aol.com Tue Sep 16 12:49:22 2003 From: Freematt357@aol.com To: cypherpunks-legacy@lists.cpunks.org Subject: Sex-diary writer expected to leave jail Date: Tue, 16 Sep 2003 12:49:22 +0000 Message-ID: <197.1facf938.2c989489@aol.com> MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="===============3141112826025230451==" --===============3141112826025230451== Content-Type: text/plain; charset="utf-8" Content-Transfer-Encoding: quoted-printable Publication: The Columbus Dispatch; =20 Date: Sep 16, 2003; =20 Section: Metro; Page: 22 =20 Sex-diary writer expected to leave jail=20 By Jeb Phillips THE COLUMBUS DISPATCH=20 http://ee.dispatch.com/Repository/ml.asp?Issue=3DTCD/= 2003/09/16&ID=3DAr02203& Mode=3DHTML For AOL users: http://ee.dispatch.com/Repository/ml.a= sp?Issue=3DTCD/2003/09/16& ID=3DAr02203&Mode=3DHTML B B B B A man whose conviction for writing about private fantasies of raping = and=20 torturing children was overturned was expected to be released from jail today= .=20 B B B B Brian Dalton posted bail yesterday afternoon, not long after Franklin= =20 County Common Pleas Judge David E. Cain set it at $50,000.=20 B B B B Cain told Dalton, 24, that he could have no contact with minors, no=20 access to the Internet and that he was under house arrest and parental superv= ision.=20 B B B B Paperwork for his jail release was being completed early this morning= .=20 B B B B Prosecutors had asked for at least a $100,000 bond.=20 B B B B "Evidence shows that defendant has admitted prior sex offenses and th= at=20 he poses a significant risk to re-offend,b=19b=19 prosecutors wrote to Cain. = "=20 Defendant literally mulls over the idea of sex with children when he sees the= m on=20 the street.b=19b=19=20 B B B B Dalton never has been convicted of abusing children. He pleaded guilt= y in=20 2001 to pandering obscenity.=20 B B B B His mother had found a diary stating his fantasies about children and= =20 given it to his probation officer.=20 B B B B Dalton said the children were imaginary. At the time, he was on proba= tion=20 for possession of child pornography.=20 B B B B Dalton pleaded guilty to the pandering charge, which drew internation= al=20 attention. Critics said the charge and his imprisonment violated his First=20 Amendment right of self-expression. He tried to withdraw his plea twice, but = Common Pleas Judge Nodine Miller rejected his requests.=20 B B B B She sentenced him to seven years for pandering, plus 4B=3D years for = violating his probation.=20 B B B B The Franklin County Court of Appeals overturned his conviction in Jul= y,=20 citing ineffective counsel.=20 B B B B Benson A. Wolman, one of the lawyers who filed the appeal for Dalton,= =20 repeated yesterday an argument he has made for months.=20 B B B B "He ought not to be in jail on wild charges that are contrary to the = First Amendment,b=19b=19 he said.=20 B B B B Franklin County Prosecutor Ron Ob=19Brien declined to talk about the = bond.=20 His office has asked the Ohio Supreme Court to review the lower appealscourt = decision, and Wolman said Daltonb=19s response to the Supreme Court is due Se= pt.=20 29.=20 B B B B If the Ohio Supreme Court passes on the case, Dalton still can be ret= ried=20 before Cain.=20 B B B B jeb.phillips(a)dispatch.com=20 __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. --- --===============3141112826025230451==--