Martin Dyckman: Did the police entrap student during sex sting?

 There are few things worse than a 24-year-old man seeking sex from a 13-year-old girl, or so it would seem.

They should lock him up and throw away the key, or so it would seem.

But sometimes, things aren’t what they seem.

This is about a young man we’ll call by his initials, JFD. His identity is a public record available to the curious, but I would rather not compound the misery and stigma he’ll bear the rest of his life.

He was sentenced to 18 months in prison and eight years of probation, which he’s on now. He’s also on the state’s sex offender registry for life.

The following facts are from a recent split decision of Florida’s First District Court of Appeal. It rebuffed Attorney General Pam Bondi, who sought a harsher sentence for JFD.

JFD was trolling on an adult website that boasts, “Find sex by contacting fellow…members and get laid tonight.”

He responded to an ad from a woman, 32, who said her “little sister” was in town and they were “looking for a friend to have fun with tonight.”

The little sister’s age wasn’t stated.

The contact led to a two-hour dialogue, on line and then on the telephone. At some point, JFD learned how old the “little sister” was.

The older woman told him that “the little sister was a youngster who wanted to learn new things…

“His conversations directly with the purported thirteen-year-old were limited to a few (maybe two) awkward minutes on the telephone, and to about twenty lines on ‘instant messenger,'” the court said.

JFD turned up at a Gainesville location where, as a wiser man might have suspected, the police were waiting for him.

The “big sister” was a Citrus County deputy. The voice purportedly of a 13-year old was that of an Alachua County deputy in her early 30s.

They were part of a week-long sting in early 2012 by Gainesville police and the Alachua sheriff’s department called “Operation Tail Feather.”

It bagged more than 20 men from 19 to 65 years old.

JFD was charged and convicted of three counts involving use of a computer and cell phone and traveling for unlawful sexual conduct with a child.

Assistant Public Defender Rachael J. Morris pleaded on JFD’s behalf that he was a victim of entrapment. Circuit Judge Mark W. Moseley wasn’t persuaded. Neither was the jury.

But Moseley did agree that the offense “was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” He ruled also that the “victim” had initiated the crime.

In such cases, the law allows a judge to impose less than the state guidelines minimum, which would have been three and a half years.

The state appealed that. JFD appealed also on the entrapment issue.

Each side won and lost, although JFD won less and lost more.

Writing for the district court, Judge Robert T. Benton II disagreed that the “victim” had initiated the crime, but he upheld the lighter sentence on the other two grounds.

On the most important issue, entrapment, Benton held that JFD said enough to convict him when he remarked that “actually, it’s kind of been on my mind to do something like that.”

A second judge concurred in the result–but not necessarily in Benton’s reasoning–and a third dissented in favor of sending JFD back to prison.

According to Morris, JFD was a student, accomplished in music and sports, when he went online for sex. All that is gone for him now.

We can suppose that at least some, if not most of the trophies in Operation Tail Feather, were serial pederasts who deserved to be caught and punished severely. Stings may be the only way to put a stop to them.

But in JFD’s case, there’s a tarnish on that trophy.

It would have been no crime to keep a sex date with a 32-year-old woman. It’s undisputed that the idea of a threesome involving a child came from her, after JFD had already taken her bait. The cop reeled him in like a starving trout. There was no evidence that he had ever done or attempted anything like that before.

In a famous 1928 dissent, Justice Oliver Wendell Holmes Jr. once remarked, “…I think it a less evil than that some criminals should escape than that the Government should play an ignoble part.”

It was the government that made a criminal out of JFD. If that isn’t ignoble, what is?

Martin Dyckman is a retired associate editor of the St. Petersburg Times. He lives near Waynesville, North Carolina. Column courtesy of Context Florida.

   

Martin Dyckman


4 comments

  • Treyfsu7

    June 28, 2014 at 6:31 pm

    Thank you for writing this. It is more articles like this that are going to make the difference. As someone caught in a sting who won on appeal, I know firsthand how the system is corrupt in regards to these illegal sting operations. They must come to an end. Tailfeather was a dirty operations and so is the North Florida ICAC….especially April McCray.

  • Cogito E. Sum

    June 30, 2014 at 8:12 am

    Thank you for the thoughtful analysis of the government’s efforts and participation in the never ending effort to increase its record incarceration and criminalization rates and, most desired, sex offender registration rosters. Be prepared for an onslaught of being called a pedo-sympathizer not willing to ‘save that one child’.

    However, something did not sit quite right…

    “There are few things worse than a 24-year-old man seeking sex from a 13-year-old girl, or so it would seem.” Really?

    While this sort of activity is entirely inappropriate, a violation of the criminal code of most states and civilized countries, I can think of a great number of things worse than that.

    The recent release of US Soldier Bowe Bergdahl gave me pause…. one of his emails home is quoted “We don’t even care when we hear each other talk about running their children down in the dirt streets with our armored trucks” http://en.wikipedia.org/wiki/Bowe_Bergdahl

    Where is the vigorous investigation of incidents like this? Where is the moral outrage and condemnation? Is there no such, and no mandated reporting amongst government employees if sex (or its supposed intent) is not involved, only physical injury and death?

    This made me wonder about the human toll, with respect to children, in the two latest wars the US is involved in.

    Since the US does “not do body counts” (note – this article keeps track rather neatly of those who were entrapped in Operation Tail Feather) here is an estimate: “An Iraqi non-governmental organisation, Iraqiyun, estimated 128,000 deaths from the time of the invasion until July, 2005. – He said 55 percent of those killed were women, and children aged 12 and under.” http://en.wikipedia.org/wiki/Casualties_of_the_Iraq_War

    Other sources are estimating a number between 104,000 and 114,000 total dead. http://en.wikipedia.org/wiki/Iraq_Body_Count But we shan’t quibble about a few thousand.

    Those are the estimated dead. Furthermore, “Seventy percent of children are suffering from trauma-related symptoms according to a study of 10,000 primary school students in the Sha’ab section of north Baghdad, conducted by the Iraqi Society of Psychiatrists and the World Health Organization.” http://en.wikipedia.org/wiki/Casualties_of_the_Iraq_War#Iraqi_children_suffering_from_psychological_symptoms

    Back to the first sentence… “There are few things worse than a 24-year-old man seeking sex from a 13-year-old girl, or so it would seem.” I think there are plenty of things worse than having sex with a 13 year old willing teenager. Especially when this is entirely initiated by the ‘teenager’.

    But it sounds like children are precious and must be protected at all cost, especially from the evils of – gasp – sex.

    But only if they are american (fictitious) children? Only if a sexual component is involved? Death and violent physical injury – not that big a deal? A lifetime of PTSD due to growing up around death and violence, seeing one’s family blown to bits – just suck it up? And if the ‘abusers’ wear a uniform and receive a monthly salary we put a vinyl statement of support and pride on our bumper stickers?

    For shame!

    • Treyfsu7

      June 30, 2014 at 2:05 pm

      Well if you want to get somewhat political about it, here is an infamous quote from Mein Kampf, “The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.”
      This pretty much sums things up with these stings, and it is scary to think this came from Hitlers mouth

Comments are closed.


#FlaPol

Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. This platform and all of its content are owned by Extensive Enterprises Media.

Publisher: Peter Schorsch

Contributors & reporters: Phil Ammann, Jason Delgado, Renzo Downey, Rick Flagg, A.G. Gancarski, Anne Geggis, Joe Henderson, Janelle Irwin, Ryan Nicol, Jacob Ogles, Jesse Scheckner, Scott Powers, Andrew Wilson, and Kelly Hayes.

Email: [email protected]
Twitter: @PeterSchorschFL
Phone: (727) 642-3162
Address: 204 37th Avenue North #182
St. Petersburg, Florida 33704




Sign up for Sunburn


Categories