Although something deep down in my gut would LIKE to push this guy into a trash compactor, it seems particularly odd that the courts/society view this writing as somehow equating with impending action. Actually, it's quite possible that these writings might be the very thing preventing him from "needing" to do anything in real life. Writing is known to have this function in many writers...ie, of sublimating urges that might otherwise be acted upon. So this is something far more insidious than mere thought-policing. The state has declared that it has the right to define what symbols mean, as well as what the function of art/writing/whatever is. So I guess talking about how Mike Hawash was railroaded will equate with driving an airplane into a large NYC skycraper.... Nothing new for folks on this list, I guess.... -TD

From: Freematt357@aol.com To: cypherpunks@lne.com Subject: Sex-diary writer expected to leave jail Date: Tue, 16 Sep 2003 12:30:01 EDT

Publication: The Columbus Dispatch; Date: Sep 16, 2003; Section: Metro; Page: 22

Sex-diary writer expected to leave jail

By Jeb Phillips THE COLUMBUS DISPATCH

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B B B B A man whose conviction for writing about private fantasies of raping and torturing children was overturned was expected to be released from jail today.

B B B B Brian Dalton posted bail yesterday afternoon, not long after Franklin County Common Pleas Judge David E. Cain set it at $50,000.

B B B B Cain told Dalton, 24, that he could have no contact with minors, no access to the Internet and that he was under house arrest and parental supervision.

B B B B Paperwork for his jail release was being completed early this morning.

B B B B Prosecutors had asked for at least a $100,000 bond.

B B B B "Evidence shows that defendant has admitted prior sex offenses and that he poses a significant risk to re-offend,bb prosecutors wrote to Cain. " Defendant literally mulls over the idea of sex with children when he sees them on the street.bb

B B B B Dalton never has been convicted of abusing children. He pleaded guilty in 2001 to pandering obscenity.

B B B B His mother had found a diary stating his fantasies about children and given it to his probation officer.

B B B B Dalton said the children were imaginary. At the time, he was on probation for possession of child pornography.

B B B B Dalton pleaded guilty to the pandering charge, which drew international attention. Critics said the charge and his imprisonment violated his First Amendment right of self-expression. He tried to withdraw his plea twice, but Common Pleas Judge Nodine Miller rejected his requests.

B B B B She sentenced him to seven years for pandering, plus 4B= years for violating his probation.

B B B B The Franklin County Court of Appeals overturned his conviction in July, citing ineffective counsel.

B B B B Benson A. Wolman, one of the lawyers who filed the appeal for Dalton, repeated yesterday an argument he has made for months.

B B B B "He ought not to be in jail on wild charges that are contrary to the First Amendment,bb he said.

B B B B Franklin County Prosecutor Ron ObBrien declined to talk about the bond. His office has asked the Ohio Supreme Court to review the lower appealscourt decision, and Wolman said Daltonbs response to the Supreme Court is due Sept. 29.

B B B B If the Ohio Supreme Court passes on the case, Dalton still can be retried before Cain.

B B B B jeb.phillips@dispatch.com

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