When you first meet Chuck (Charles Stephano), it’s easy to characterize him as a jolly old elf. He has a constant smile, a twinkle in his eye and even plays the old man in the annual Christmas presentation of The Nutcracker. He goes to work, has a cocktail after work and has never violated a law of the Virgin Islands. He is a veteran who relied on the Veterans Administration for his health care because he is crippled by arthritis. So it’s hard to imagine him being incarcerated in a Federal Penitentiary in Puerto Rico for an indeterminate term.
Repeat, he is being incarcerated in a Federal Penitentiary in Puerto Rico for an indeterminate term.
I know that that’s illegal under the constitution but he has been held in jail for nine months without ever receiving his sentence. He has not been sentenced because he has not yet had his right of appeal. He has not had an appeal because the court has never published the transcript of the trial. His lawyer is not pushing for a transcript because he is not being paid for the appeal.
He has been their so long and had so few visitors that the Feds have moved him to the second floor despite his difficulty of going up and down stairs. They have stripped him of his social security as a prize of war and are harassing him for the couple of months that he got to keep because even they thought he had a right of appeal.
It’s really sad that computer crimes in the territory do not get the publicity of those in America. This case was built on prostituted witnesses who lied at every opportunity about every aspect of malware and all the pictures that he was charged with were online at the start of this blog 3 years after he allegedly downloaded the material and all was being published in America.
It’s really sad that legal precedents established in the Territory become the law of the land and no one notices the change. It is also unfortunate that the poetic rulings of our past are meaningless. Who has not heard justice delayed is justice denied. This man has not had his right of appeal and remains in jail. Surly if you have read my blog, the prosecution won this case by eating the fruit of the poisoned tree which is supposed to be another prohibition in law.
I fear that this blog has actually hurt Charles Stephano’s chance of release. In analyzing the evidence and the logs and showing how corrupted the evidence was, I’m sure that that the Feds fear the appeal because if we win, it would force reevaluation of every other kiddie porn conviction. They have stopped prosecuting these cases in the Territory because they know I will attend if their is no physical contact involved.
Honestly, I believe that Chuck will die in jail without ever being sentenced or get an offer of release if he abdicated his right of appeal. Therefore, there will be no judicial review of the evidence and this type of crap can be used over and over in the rest of the nation.
Just so fucking sad that this is supposed to be America and no one cares.