Atlasia v. Jesus

[The Dowager Mod]

Only the plaintiff, Defendant, the defendants representative and myself will be allowed to post in this thread, anyone else should seek permission from me via pm, anyone violating this rule will be held in contempt.
The attorney general needs to begin things with a restatement of the reasons for this case, i will create a jury pool.

[King]

I looked up the Pacific laws and you are right, so I guess our only eligible jurors from Jesus' state are:

Alcon
CultureKing
jerusalemcar5
Reignman

[The Dowager Mod]

O.K.
Article III Section 2 Paragraph 1 "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the region wherein the crime shall have been committed, which region shall have been previously ascertained by law." Second constitution.

Article III #7 of the Pacific constitution "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state wherein the crime shall have been committed."

The federal constitution takes precedence here so the jury will be made up of three citizense of the Pacific region, I will submit a list to the prosecutor and the defendants counsel and each will be given an opportunity to exclude one person from the list.

[The Dowager Mod]

I will need the prosecutors charges and an opening statement asap.

[King]

I will need the prosecutors charges and an opening statement asap.

Jesus is being charged with one count of maliciously editing the Atlas Wiki and one count of posting a thread of a sexual nature as made illegal in the Consolidated Criminal Justice Act. 

On August 9th 2007 at approximately 5:47 AM Pacific Daylight Time, Governor Jesus, using the alias "bgwah," modified the page for Atlas member dazzleman to note that he was a suspected pedophile who had a "very strong interest" in fellow member Rin-chan.  Members of the jury and Justice Texasgurl, regardless of what dazzleman was or was not, such harsh and potentially damaging acquisitions by the defendant are nothing but baseless opinions posted not through a private venue but on the Atlas Wiki: a government project which prides and requires itself to deliver nothing but on-topic facts about this forum.  This is an open and shut case.  The defendant has shown no remorse for his crime and I ask that the judicial system act accordingly.  If he is allowed to post such libel and bias claims about other members, then we might as well not have a legal system at all.

That's all the prosecution has to say at this time.

[Ebowed]

I would hope that the prosecution can further substantiate their claim that the defendant violated Section 1, Clause 6 of F.L. 15-1.  As far as I can see, a claim has been presented, with evidence, that Section 1, Clause 5 was violated, but not Clause 6.  Until this substantiation is fulfilled, the defendant and I have assumed that the charge refers to the concept that labeling someone with a sexual identity supposedly constitutes content of a "sexual nature," which I will address momentarily.

Harsh, baseless, and/or potentially damaging opinions have been lodged about members on the forum many times, including on the AtlasWiki.  The appropriate response is to remove the offending content, a step which has not even been taken by many in regards to the AtlasWiki pages on Former Sen. BRTD and Senior Associate Justice Opebo.  If a conviction occurs here, this would appear to be an unequal application of the law, based on the relative likeability of the victim in question.

Justice Opebo's Wikipedia article stated until March 20, 2007 that he "is one of the most controversial citizens of Atlasia and is often regarded as a troll and a child molester."  This slanderous and unsubstantiated comment remained on the official Wiki of Atlas Forum until it was removed by none other than the defendant, Gov. Jesus, as part of an effort to clean up various profiles.  An even older version of Opebo's Wiki description, archived on the 'Talk' page by Sen. Brandon H, states, among other things that Opebo was "born a twat" and that, in reference to his use of prostitutes in Thailand, "[m]any forum members have speculated that these may not actually be women, but actually young girls and boys," and adds that this suspicion has been somewhat confirmed by Opebo himself, when in fact he has stated that he would never engage in sex with someone who is underage.

If labeling dazzleman with a possible sexual identity as a pedophile violates F.L. 15-1, S1.5 and/or S1.6, one should also consider bringing action against whoever is responsible for the current article on Fmr. Sen. BRTD, which states that he is "also known for his fetish for sexy communist guerrillas."  His discussion page contains an archived, older article which states that "[h]is main sex fantasy is to have sex with a female communist guerilla, who are mostly ugly and old" and that "[h]e also is a fan of F*ckbuddies and refuses to actually have a real relationship, instead desiring to spend his time buying strippers and talking on message boards."

As far as we are aware, not only has no action been ever lodged against anyone responsible for writing this questionable content, but there has been little controversy surrounding these items in the past, as well.  The double standard here is worrying, especially as the victim in question here no longer posts on the forum and no personally identifiable information about him (his picture, real name, or exact location) were ever revealed publicly.

If the AtlasWiki is supposed to deliver "nothing but on-topic facts" about the forum, perhaps the article on dazzleman, especially in its newly edited state, should be of a particularly low concern for the prosecution, as the offending statement has since been removed.

The prosecution states that the defendant has shown no remorse for his actions, but in fact, Gov. Jesus stated on August 13 that "I should have left it out of the Wiki and I'm sorry for the edit and for causing so much controversey.  I certainly won't be doing it again."

There is simply no basis for anyone to conclude that the defendant posted items of a sexual nature, unless labeling someone with an orientation or sexual identity is of a sexual nature itself, which it is clearly not.  The defendant's counsel can recall one instance where a Game Moderator posted an official news article speculating on whether or not he was homosexual: no action was taken, nor was it sought.  Someone being labeled as a heterosexual, homosexual, communist guerilla fetishist, pedophile, etc., does not constitute content of a "sexual nature."

The content was not of a malicious nature, either, as the Governor states his intention was to use facts.  While these facts may have been questionable or he may have jumped to an unfair conclusion, it was not something that he simply pulled out of thin air in order to rile people up.  Even so, the Consolidated Criminal Justice Act defines malicious editing of the AtlasWiki to entail "remov[al of] legitimate content or creat[ion of] off-topic pages," neither of which technically apply here.  While it may be argued that dazzleman's possible sexual leanings are off-topic in relation to the AtlasWiki, many forum members' articles contain information that is irrelevant to Atlas Fantasy Elections: the articles referenced above are only a small sampling.

[King]

The statements regarding Opebo were originally posted on September 23, 2005 and then later edited with illegal content still included on January 28, 2006 while the Consolidated Criminal Justice Act was not signed into law until September 16th, 2006.  In addition, the statements regarding BRTD are insufficiently dated to be substantial evidence. 

Therefore, these incidents have no bearing on this case as it was not illegal to post such material on the Atlas Wiki at the time in which they occurred and the prosecution asks that the court strike all mentions of them from the record.

[Ebowed]

The defense is aware of the dating of these items and we are making a point about the double standard being applied here when two forumites can suffer vicious and slanderous descriptions that belittle their character for years, while the edit to dazzleman's profile was not tolerated for more than a couple days.  Thus, the forum self-corrected its own mistake: going through the legal system is quite silly, as a result.  Have you spoken with dazzleman to see if he wishes for legal action to occur out of this incident?  Even if he has requested this, he has not even made a minor appearance anywhere to demonstrate that he is aware of or upset by this event.  Gov. Jesus has apologized for the incident, in any event, making this entire exercise unnecessary.  No lasting harm has occurred because of this incident.

The defense restates its wish that the prosecution substantiate its claims that the Governor violated Section 1, Clause 6 of the relevant act.

[King]

The defense is aware of the dating of these items and we are making a point about the double standard being applied here when two forumites can suffer vicious and slanderous descriptions that belittle their character for years, while the edit to dazzleman's profile was not tolerated for more than a couple days. 

The slanderous descriptions of BRTD and Opebo were LEGAL when posted and therefore a crime was not committed so there was no legal backing for outrage.  Regardless of how damaging they may have been, it's all ex post facto and shouldn't be allowed to be part of this case.

Have you spoken with dazzleman to see if he wishes for legal action to occur out of this incident?  Even if he has requested this, he has not even made a minor appearance anywhere to demonstrate that he is aware of or upset by this event.

The damage was technically done on government property so dazzleman's opinion is not required although it would be welcomed testimony.  If somebody modified the Pacific region page to say something bad about the region as a whole, there wouldn't need to be a special election held to see if the region should press charges.

You could also insinuate that dazzleman, who is now inactive, left the forum due to such ridicule.  However, I'm not going to resort to that circumstantial tactic like the defense and ask that my insinuation be stricken from the record.

Gov. Jesus has apologized for the incident, in any event, making this entire exercise unnecessary.

It is hard to believe such an apology as it conflicts with other statements such as the following:

The only thing I did wrong was saying teenage instead of teenaged, and for that I apologize.

Also, the prosecution wishes to drop the count of posting a thread of a sexual nature as a upon further review of the evidence I had planned to submit, pursuing the charge would be a waste of the court's time as this is not a Supreme Court case.

[King]

Alright, where do we go from here?

[The Dowager Mod]

If you and the defense have nothing else I will give it to the jury.

[King]

I think I'm done.

[The Dowager Mod]

If i do not hear from the defense soon i may have to assume they are giving up here and i will have to rule accordingly.

[Ebowed]

The defense maintains Gov. Jesus' innocence.

It is hard to believe such an apology as it conflicts with other statements such as the following:

The only thing I did wrong was saying teenage instead of teenaged, and for that I apologize.

The apology I referenced is dated later than the one you quote, so therefore one can only assume that the repentance displayed afterwards was genuine remorse.

[King]

The defense maintains Gov. Jesus' innocence.

It is hard to believe such an apology as it conflicts with other statements such as the following:

The only thing I did wrong was saying teenage instead of teenaged, and for that I apologize.

The apology I referenced is dated later than the one you quote, so therefore one can only assume that the repentance displayed afterwards was genuine remorse.

Very well, but I request the later apology be quoted into evidence.

[Ebowed]

The thread is locked, but the post can be accessed here.

You must be logged in to read this quote.

From August 13, 2007.

[The Dowager Mod]

I no longer have enough jurors to meet the minimum number required by law, so in order to get this case resolved fairly and quickly, I will be moving to the Northeast region where I can hopefully get the six jurors required.
If the defense has a problem with this they may appeal my decision to justice Tcash I will abide by his decision.

[bgwah]

I no longer have enough jurors to meet the minimum number required by law, so in order to get this case resolved fairly and quickly, I will be moving to the Northeast region where I can hopefully get the six jurors required.
If the defense has a problem with this they may appeal my decision to justice Tcash I will abide by his decision.

But you yourself said I committed the alleged crime in the Pacific. Is it not unconstitutional to put me on trial in the Northeast? Will this set the precedent that all crimes are committed in the Northeast because that is where the website is based?

Additionally, Tcash said he is very busy at the moment (which is why he wanted you to preside over this trial). Justice Opebo has shown interest in participating in this case, why can we not simply appeal the decision to him?

[opebo]

Additionally, Tcash said he is very busy at the moment (which is why he wanted you to preside over this trial). Justice Opebo has shown interest in participating in this case, why can we not simply appeal the decision to him?

I defer to my colleague to call upon me, but can state that I am ready, available, and eager to serve.

[King]

Opebo has already stated his opinion on this case in this thread so his neutrality would be questionable.

[bgwah]

Opebo has already stated his opinion on this case in this thread so his neutrality would be questionable.

And you're my gubernatorial opponent.

[King]

Opebo has already stated his opinion on this case in this thread so his neutrality would be questionable.

And you're my gubernatorial opponent.

I stated when I declared that it would be a joke candidacy and I didn't even vote for myself.  Well, technically I casted an invalid vote, but if it were valid I wouldn't have voted for myself.

Point being: Texasgurl said it's ok and I even offered to dropout if it became an issue.

[The Dowager Mod]

Opebo has already stated his opinion on this case in this thread so his neutrality would be questionable.

Which is why i was trying to be tactfully exclusive about it.

[The Dowager Mod]

I no longer have enough jurors to meet the minimum number required by law, so in order to get this case resolved fairly and quickly, I will be moving to the Northeast region where I can hopefully get the six jurors required.
If the defense has a problem with this they may appeal my decision to justice Tcash I will abide by his decision.

But you yourself said I committed the alleged crime in the Pacific. Is it not unconstitutional to put me on trial in the Northeast? Will this set the precedent that all crimes are committed in the Northeast because that is where the website is based?

Additionally, Tcash said he is very busy at the moment (which is why he wanted you to preside over this trial). Justice Opebo has shown interest in participating in this case, why can we not simply appeal the decision to him?

You can always waive your right to a jury trial, and i did try to to do it in the Pacific and the law says there must be six valid jurors so the only option left is to move it or you can reconsider a plea bargain.

[King]

I presume if the jury trial is waived, does it turn into regular Supreme Court form of 3 justices or is it just a single trial by judge?