Tonya Craft has been acquitted of criminal charges, but as I look over this sorry case, I cannot help but wonder if some real crimes were committed. No, I have not changed my story, as I believe Tonya was innocent of committing any transgressions, but it is obvious to me that lawbreaking abounded, but by the people supposedly upholding the law.
The law protects judges and prosecutors, giving them immunity that, frankly, I don't believe they should have, but, to quote Mr. Bumble, if that be the law, sir, the law is a ass. Nonetheless, I believe that a lot of criminality abounded.
In this post, I will concentrate on federal criminal law, as I admit I know it better than I know state law. (As I see it, the only real remedy on the state level is for the prosecutors to face disbarment and Judge Brian House to be reprimanded or censured.)
Federal prosecutors tend to concentrate on fraud, and I have plenty of examples of how fraud has abounded in this case, and my others that are similar. First, and most important, Buzz Franklin has not targeted "child molestation" in the Lookout Mountain Judicial Circuit because he loves children (although he might like kids). No, Buzz has targeted this area of prosecution because there is a federal payout through the Mondale Act of 1974.
Second, child molestation charges are not difficult to prosecute, no matter what the authorities might tell you, especially when a one-stop prosecutorial shopping opportunity like the Children's Advocacy Centers are available. It is important to remember than is about 75 percent of valid child molestation cases, no physical evidence is available. Thus, it boils down to the word of a child against the word of an adult.
Before the Mondale Act took effect, this could be a difficult matter, but the federal government pushed states into easing the rules regarding the ability of someone being charged to face an accuser, which is one of the fundamentals of criminal law. Furthermore, to help children who testified to avoid trauma, the rules on hearsay evidence were loosened in these kinds of cases.
Thus, someone accused of child molestation has an uphill fight. In the aftermath of the Tonya Craft trial, it is easy to see that the prosecution's case was flimsy or even non-existent, yet Ms. Craft had to spend a half-million dolllars to fight the charges, and that money did not come close to covering the real costs of the defense.
What the prosecution did in this case was what it has done in a number of other child molestation cases in the district: trot out the "experts" at the CAC, who dutifully testify that the child in question "disclosed" this or that, and the guilty verdict is almost a given. Just ask Brad Wade and his family.
So, where does the federal fraud come it? Don't forget that the CAC and the LMJC receive federal dollars for their efforts. There really is a federal payout for pursuing such "crimes," and Buzz Franklin and his cohorts have aggressively sought this funding.
However, what if it is demonstrated that the prosecutors and the CAC "witnesses" are pursuing false cases or lying on the witness stand? Suddenly, we can see that they are engaging in financial fraud, federal style. Furthermore, most federal criminal laws don't even require intent, or mens rea. (This is another example of how federal criminal law has eviscerated our legal rights, but that is a different post for a different topic.)
In other words, if the LMJC and the CAC are engaging in questionable legal activity in order to help snare federal dollars, they have committed fraud. Furthermore, because of the necessary meetings of individuals who are helping to pursue criminal cases, a federal prosecutor would not have to look far to find evidence of conspiracy, which, like fraud, also carries draconian penalties.
Then there would be the criminal charge of "conspiracy to deprive Tonya Craft of her civil rights to a fair trial" and beyond. In other words, should a U.S. attorney choose to investigate this case -- and I have my doubt that the feds will launch such an investigation -- there is plenty to find.
Moreover, there is the attack by Sandra Lamb on Eric Echols, complete with racial epithets, which might interest a federal prosecutor as a "hate crime." Since she violated federal law in refusing to accept a legally-ordered subpoena, Ms. Lamb could be facing some legal problems of her own.
To put it another way, I have scratched the surface of real-live criminal behavior by the authorities and their allies in the Tonya Craft case. There is much more, but for now I think we can concentrate on the few ideas I have listed.