Girl faces contempt charges for Tweeting boys' names

[Michael Wechsler]

It has been reported that a 17 year old teenager faces jail time for tweeting the names of two teens who pleaded guilty to sexual assaulting her and distributing pictures of the incident. The girl, Savannah Dietrich (who wants her name to be made public to bring attention to her case), claims that she violated the court order intentionally after the boys received a very generous plea bargain from the prosecutor and didn't feel that it was appropriate that the court should also issue a gag order. Jefferson County Court (Kentucky) judge, Hon. Deana "Dee" McDonald, a former social and prosecutor, has not yet ruled on a motion by the defendants' attorneys to hold the victim in contempt of court.

The case is disturbing. Ms. Dietrich stated she was inebriated at a party in 2011 and the defendants sexually assaulted her, took photographs of the event and then circulated them publicly. When Dietrich became aware of the photos, she and her parents took them to the police which led to charges against the defendants for first-degree sexual abuse (felony) and voyeurism (misdemeanor.)

While there is outrage, it seems that this case was heard in juvenile court, which is apparently closed in the state of Kentucky. I don't know whether the judge's order keeping the guilty plea private was merely routine in such cases for minors in juvenile court and not a matter of bias or favoritism towards the defendants. I'm also not aware what the plea bargain terms were and can't comment on the nature of the deal with prosecutors.

As to the contempt of court charge, she did disobey a court's order. If there is no line, there is no law and there would be little preventing any defendant from publicizing that which has been ordered to remain private simply because he or she didn't like the ruling. Whether there has been judicial misconduct remains to be seen. But in the meanwhile, I don't see why the victim isn't entitled to the lightest "punishment" possible, such as marginal community service.

It's difficult to appreciate the mechanics of juvenile court for such impacting crimes as this one. The victim doesn't get a second chance to begin life again with a clean slate.

 

[army judge]

Confinement resulting from a contempt citation isn't the same thing as incarceration resulting from a criminal charge or conviction.
She'll likely get a fine and a tongue lashing, sans any time in jail. Even if the judge were to order her confinement, she'd be sprung pending appeal.

Minors are also presumptively cloaked and protected, as juvenile court proceedings in many states are not made public in most states.

This is a case that illustrates the conflict between the public's right to know, and society's desire to protect and redeem its youth.

This case will make law. Well, not the case, the ruling.

 

[Michael Wechsler]

Agreed. The case will make the news, I don't know about law. These issues regarding juvenile court being sealed are well established and they have happened often.

The prosecutor may have made a deal with these two boys without consulting the victim and her family. From what I read, the victim didn't learn of the plea until shortly before the hearing. This would explain some of the impulse and outrage. But there is more and here is what the rumor mill reports. The two boys are allegedly members of a local lacrosse team. The irony here with the Duke lacrosse team case is bizarre and one wonders whether there were influential families involved in the plea deal.

It's extremely sad. I wonder what if any measures will be taken to examine what is appropriate for juvenile court to hear. One wonders how much of a message of a "free pass" cases like this disseminate to high schoolers.

 

[army judge]

Professor, juvenile justice is focused on rehabilitation and second chances.
In all likelihood, these adjudicated offenders don't have extensive trouble with the authorities.
And, as we both know, rights in these cases are for defendants (even in juvenile courts).
I never conferred with people in these matters (when i prosecuted cases), as they aren't victims.
Society is the victim in all criminal proceedings.
The tweet and it's originator were out of line and contemptuous, outrage notwithstanding.

 

[Michael Wechsler]

The tweet and it's originator were out of line and contemptuous, outrage notwithstanding.

I agree with everything you've said and, sadly, most especially this. Unfortunately contempt of court in such situations has become a common occurrence. One glaring fact remains that the media conveniently fails to highlight in the desire to whip up a frenzy for eyeballs - the judge hasn't yet made a decision on sentencing.

 

[shrinkmaster]

Not to take away from the horrific event that this young lady suffered but I feel with all this one thing may get lost. If this underage minor had not been drinking this even would not have happened. It by no means justifies or minimizes what these hooligans did but fact is if she was not drinking this would not be an issue

 

[guestposter]

The tweet and it's originator were out of line and contemptuous, outrage notwithstanding.

Not true. If the gag order actually purports to prevent a victim of a crime from speaking about the crime and the purpetrators after the case has been resolved the judge is out of line, and the order is unconstitutional. It does not matter if its juveniles or not, there is simply no way that a court can constitutionally prevent someone from making a true statement that someone else committed a crime against them.

 

[army judge]

Not to take away from the horrific event that this young lady suffered but I feel with all this one thing may get lost. If this underage minor had not been drinking this even would not have happened. It by no means justifies or minimizes what these hooligans did but fact is if she was not drinking this would not be an issue

Alcohol abuse favors into a bad outcome for many things.
But, I agree, liquor should not pass the lips (or even be in the possession) of anyone NOT 21 years of age.