Cop Who Obtained Warrant To Take Photo Of Teen's Erect Penis For Sexting Case Sues Teen's Lawyer For Defamation
from the STOP-CALLING-ME-CRAZY dept
One of the more remarkable intersections of law enforcement and sexting this year involved the Manassas City (VA) police department and a 17-year-old boy's erect penis.
Briefly: two teens -- a 15-year-old girl and a 17-year-old boy -- exchanged nude photos. Apparently, the boy went further, sending a nude video to the 15-year-old. The parents of the girl brought this to the police, who then sought to charge the 17-year-old with "possession of child pornography and manufacturing child pornography," mainly because the law remains mostly "a ass" when it comes to teens sexting.
In order to secure proof that the penis in the offending video actually belonged to the teen being charged, police obtained a search warrant to manufacture child pornography chemically induce an erection and take a photo of the suspect's erect penis. This bizarre action was prompted by the teen's refusal to plead guilty. And was taken despite the fact that police already had taken photos of his non-erect penis during his post-arrest detainment at the juvenile jail.
This strange tactic was criticized publicly by the teen's lawyer, Jessica Foster, in an interview with the Washington Post, in which she specifically complained about Detective David Abbott:
Foster said Detective Abbott told her that after obtaining photos of the teen’s erect penis he would ‘use special software to compare pictures of this penis to this penis. Who does this? It’s just crazy.'This, of course, was only one of hundreds of similar reactions, most of which also arrived at the same conclusion: inducing an erection in a teen suspect and taking pictures of it is "crazy." But only one person is being sued (so far) for expressing their opinion of Det. Abbott and his warrant.
The lead detective in a high-profile teen “sexting” case from last summer, in which Prince William County authorities sought to take sexually explicit photos of a 17-year-old teen to compare with the evidence, has filed a defamation lawsuit against the teen’s attorney for making critical comments about the investigation in The Washington Post. [...]Abbott's lawsuit is at least as ridiculous as the police activity that inadvertently prompted it. Foster's lawyers have already filed a response pointing out that the statement is not defamatory and is "constitutionally protected opinion and rhetorical hyperbole."
Abbott’s lawsuit claims that Foster’s comment “materially misstates Abbott’s discussions with Foster,” and that claiming such an investigative approach was “crazy” in turn “asserts unfitness to perform the duties of his office or employment, with a direct intention to bring Abbott under scrutiny from the media and from the public.”
Even Abbott's own department isn't interested in backing this lawsuit.
Manassas City Police Chief Douglas Keen said Abbott filed the suit independently and did not consult him, and Keen said he had no position on the civil case.The department, however, still backs the decision to create child porn in order to charge someone else with child porn creation and distribution. A close look at its statement indicates that there's a bit of post-debacle blame-shifting going on, leaving the attorney's office holding the "teen penis photo" bag.
In the sexting case that has recently garnered so much attention, the investigating detective with the Manassas City Police Department was instructed by a member of the Commonwealth’s Attorneys’ Office to obtain a search warrant in order to photograph, for evidentiary purposes, the genitalia of the defendant. Upon consultation with the identification expert, the prosecutor subsequently authorized a second search warrant seeking a photograph of the erect penis of the defendant...What Abbott seems to object to most (beyond being called "crazy") is Foster's insinuation that this erect penis photography session was all his idea.
Many have expressed concern at what they believe to be an extreme measure in this type of case. However, when a criminal defendant, adult or juvenile, decides to exercise his or her right to a trial, it is necessary for the prosecution to explore all legal avenues of evidence collection in order to prepare for trial…
"This statement implies that Abbott conceived of the idea, that he desired to obtain the photographs, that he would take actual photographs, and that he would personally execute the comparison.”Abbott may resent this implication, but as Scott Greenfield points out, the detective did nothing to head off this regrettable warrant application, no matter who actually ordered it.
Just following orders, eh? The old Nuremberg defense. Yeah, that’s persuasive. Of course, it was Abbott’s name on the warrant, and at no time did Abbott say or do anything to suggest he wasn’t all-in on the dick pics. Indeed, until news of this outrage went public, there was always the possibility he could get a medal for his bravery and a photo of his own in the local papers for “hero cop convicts saves society from sexting teen by erect penis comparison.” So proud…Finally, the lawsuit notes that Abbott has suffered immensely since the story blew up back in July, listing all of the following:
Detective Abbott, if you don’t want the world to think you’re some sick, disgusting pervert, don’t be one.
“intense media and public scrutiny, embarrassment, shame…injury to his reputation as a law enforcement official…hundreds of emails that included pornographic or threatening material…telephone calls threatening death or other actions...” [...] “severe emotional distress…which resulted in counseling with a psychologist and the need for medication.”Well, I can only imagine what a second wave of coverage centering on Abbott's involvement with the production of photos of teen's erect penis is going to do to him. The media had long since moved on from this story, but Abbott's decision to pursue a shaky defamation suit has just reset the clock.
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Filed Under: child porn, crazy, david abbott, defamation, erect penis, jessica foster, manasssas city, subpoena, virgnia
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“intense media and public scrutiny, embarrassment, shame…injury to his reputation as a law enforcement official…hundreds of emails that included pornographic or threatening material…telephone calls threatening death or other actions...” [...] “severe emotional distress…which resulted in counseling with a psychologist and the need for medication.”"
umm and how did he think it would make the teenager feel?
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What are you some hippie?
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Hey, it's perfectly ok to victimize children by forcing them to produce child pornography, just as long as you're doing it in the name of fighting child pornography!
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I think briefs would have prevented the entire situation.
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Maybe if they were super-glued on. Backwards.
Nah. Ain't no glue that strong.
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Maybe it's particularly disturbing material, but my first thought on reading that was that he should appreciate that he no longer needs spend even the slightest bit of effort to find porn. After all, where before he had to secure a warrant to justify producing it, now people are sending it to him for free!
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Why would you think that someone saying that a police officer inducing an erection in a teenage boy and taking a picture of it is crazy would lead people to think you were unfit to be a police officer?
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Someone will be calling him for movie rights.
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I just want to provide evidence that I am not the subject in the photo, just in case someone suspects I am.
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Perhaps he should have done this before asking for the picture.
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This needs to be said
It's a hard job, but someone has to do it. And that man is Detective David Abbott.
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Re: This needs to be said
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Stupid is as stupid does.
Stupid as well as crazy.
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OCD much?
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What about the Judge?
Doesn't the willingness to sign such a warrant call into question one's fitness to be a judge? Isn't the reason we call them judge is because they are expected to be able to exercise good judgement?
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Re: What about the Judge?
If they elect their judges in Virginia, I'm thinking his opponent has a ready-made attack ad right here.
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Say...this gives me an idea!
Hey folks, I need venture capital for my new startup. We're gonna make Penis Recognition Software. Facial recognition? Piffle. Meh. THIS is the next big thing.
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I applaud those citizens who were obviously concerned that Abbott didn't have enough penis photos to which he could compare the suspect penis.
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Judges who rubberstamp warrants are not exactly news.
See, for example, the public reaction —or rather, public non-reaction— to Orin Kerr's post back on November 6th, “Magistrate issues arrest warrants for 17 years but is new to ‘probable cause’ .” The story had no legs. People were not really shocked.
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And he's concerned that she only called him 'crazy'?
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And I just realized what I typed there...
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Advice
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Why only the teenage boy
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Re: Why only the teenage boy
What are ya, some male chauvinist pig?
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So much stupid going around
2. Parents do something stupid and take it to cops instead of dealing with it themselves.
3. Cops, instead of telling parents how stupid it is, take the stupid to the next level and make a criminal case out of it. Big Mistake with inevitable consequences.
4. Having been called stupid by a lawyer, cop doubles down on stupid and sues lawyer for telling the truth.
Moral: Adding government to a problem rarely makes it smaller.
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Re: So much stupid going around
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It's in the mail as we speak. You might want to turn of the spam filter, though.
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5th Amendment right
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Where do you draw the line
Its not like we have more important things to worry about in this world, HOW FUCKING RETARDED IS THE UNITED STATES OF AMERICA THAT WHAT A BOY DOES WITH HIS PENIS BECOMES THE CRIME OF THE CENTURY. Whats next, your gonna start flogging men in the public square for getting erections, and everybody born with a pair of tits automatically becomes a victim, regardless of how filthy and perverted they are? Her's a thought, why dont you idiots just outlaw dicks all together, this way the sick feminist whores can feel good about their retarded existence.
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Penomet review
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