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The Michigan Supreme Court Refuses to “Hear an Appeal from Abigail Simon”: 8-Years of Enslavement, at Least, for a First-Offender Convicted of a Nonviolent and Victimless and Malum Prohibitum “Crime.”

18 Sunday Mar 2018

Posted by Michael Kuehl in "anarcho-tyranny", Abigail Simon, Abigail Simon sentence, appeal, criminal sentences, sex offender registry, Uncategorized, women sex offenders

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"anarcho-tyranny", Abigail Simon Appeal, Abigail Simon resentencing, media sex hysteria, sex offender registry

From the Grand Rapids News, “State’s highest court refuses appeal from Catholic school tutor who had sex with teen,” Oct. 4, 2017:

The State’s highest court will not hear an appeal from Abigail Simon…James Benson, senior attorney in the Kent County prosecutor’s office appeals division, said Simon’s options now are limited with a low chance of success. These include asking the U.S. Supreme Court to look at her case, trying to file a writ of habeas corpus in federal court, or filing a motion for relief from judgement.

Such “chances of success” are so “low” that one can say that she has no “chance of success.” So she’ll be enslaved for almost 6-more years at Huron Valley Correctional Facility, at least, followed by a lifetime of electronic parole-monitoring with an ankle-tether/”bracelet” she can never remove and public sex-offender registration. It would be fascinating if the U.S. Supreme Court were to rule on the constitutionality of lifetime electronic monitoring and public sex offender registration for a woman who is no “threat to society” or to anyone nor even a “danger” to re-offend by having sex with another biological man under statutory age. But I’m sure that will never happen.

Given the misery and monotony, hour after hour day after day week after week month after month year after year, for well over three years, all the nights with little or no sleep lying in bed and staring into darkness, days and nights that feel like they will never end, and then more and more such days and nights, it probably feels as if she’s been enslaved for 5-years or even longer -and now, given the SC decision, her last hope, she’ll be enslaved for almost 6-more years, 8-years in total, at least, which will feel more like 15-20 years. Then imagine her anxiety, the excruciating psychic torture, as she enters her 8th year of enslavement, anxiety and fear that will intensify, unbearably, as her “day of reckoning” grows increasingly near, with no certainty that she’ll be paroled -and, if not,  I assume she’ll be enslaved for at least another 2 years and possibly 4 or even 6 years.

I’m sure she’s had thoughts of suicide since the day or night she was arrested at her home or perhaps at school, handcuffed, roughly escorted to and stuffed into the back seat of a police cruiser, and then driven to the jail where she was stripped-searched, her vagina and rectum violated with hands in rubber gloves in the search for “contraband,” dressed in a unisex denim Jumpsuit, a cheap bra, cheap panties (or men’s underwear?), socks that have been washed hundreds of times, and Walmart-like canvas slip-ons, and thrown in a cell with one or two other women because of overcrowding, or perhaps a dormitory with who knows how many women sleeping in bunk beds, where she sat or lay, crying most or some of the time, terrified, crestfallen, mortified, perhaps hyperventilating, claustrophobic, beset with panic attacks, until she was released on bail the next day or whenever. And also while awaiting trial, and after her conviction while in jail for 7-weeks before sentencing, and while in prison.

But her thoughts of suicide and moments of despair in prison were allayed by hope that she would be released after two or three years. Now all hope is gone and I’m sure her thoughts of suicide have intensified. But you can’t commit suicide if you have no privacy. Perhaps she’ll go insane and end up in the mental ward.

8-years, at least, with no privacy or freedom: the freedom to do what one wants to do, legally, when one wants to do it, after work and on the weekends; the freedom to eat what you want and when and where; to sleep as late as you want on the weekends, to go to bed when you want to or take a nap if tired on the weekends; to use a computer and listen to music and read articles and watch videos and so forth on the internet; to date and have sex and perhaps marry and have children; to shop at a mall or downtown; to attend concerts, plays, sporting events; to see a movie, go to the beach, take a walk at night or in the morning or afternoon, sit in a park, alone or with friends, family, a date or lover; to go to a bar or club or party and have a few cocktails, glasses of wine, or beers while talking to friends and patrons and/or listening to music; to drive a car or take a bus or plane; to travel within the state or country or to Europe or wherever.

Even the most trivial and innocuous actualities of prison life exacerbate the overall misery and monotony, especially for a woman like Abigail who doesn’t belong in prison. Imagine living for 8-years, at least, without enjoying a delicious meal.; 8-years, at least, without the freedom to buy the food you want to eat and to enjoy meals in the privacy of your house or apartment, or to dine with family and friends at homes or in restaurants; 8-years, at least, without the freedom to visit a restaurant, fast or slow, and order and savor a good and tasty meal in a usually clean and pleasant milieu.

Prison is Sartre’s “the hell that is other people” in extremis. Generally, female inmates of all races are not nearly as awful as men. But I’m sure most of them are bad enough, among the worst women in all of Michigan, especially the blacks. I assume that roughly half or close to half of the 2000-plus inmates are low-IQ, white-hating, mostly violent blacks, 85-90% of them from inner-city Detroit. I’m sure that most of them are recidivists convicted of violent felonies. And I’m sure that most of them would love to assault and murder a woman like Abigail, who is not only white but also, unlike me and nearly all of the other white prisoners, an avatar of “white privilege.” Talk about hell.

If she was assaulted, brutally and viciously, suffering major injuries, the public would never know. The same media that turned her into an infamous and despised “abuser” and “predator would say and write nothing about the the assault and her injuries. Her family and friends, lawyers, many other inmates, would know, but the assault would be ignored and suppressed -or, if not suppressed, totally, denied and trivialized- by the media. If he knew, the loathsome Barton Dieters would be overjoyed. He would celebrate, privately, but not tell the public.

And even she hasn’t been assaulted, brutally and viciously, by blacks, or in any way by any inmate, I know she’s been harassed, reviled, bullied, threatened, humiliated. I wonder how often she’s been called a “white bitch,” or “fucking white bitch,” or “mother-F white bitch.” And I wonder how often she’s been called a “child molester,” “pervert,” “rapist,” pedophile,” by inmates of all races and also by guards.

And thanks to the mass-media, she’s the most infamous, and likely the most hated, of all 2000-plus inmates, hated not only by blacks, largely because she’s white and privileged, but also by most of the white inmates. Hopefully the guards will protect her. But thanks to the media and CSA victimology, I’m sure most of them also hate or dislike her, and that few if any are sympathetic.

All of this is so insane and absurd that it would be risible if not for the suffering, hellish and harrowing and heartrending, as pointless as it’s profound, not only Abigail’s, by far most hellishly, but also that of her “loved ones,” family and friends, whose grief and anguish is profound and excruciating, even more so now, knowing that she won’t be “freed” after “only” 3 or 4 years in prison, and will be enslaved for at least 8-years and perhaps longer, and then subjected to a lifetime of draconian/Orwellian persecution, humiliating and punitive restrictions on her freedoms and intrusions into her private life for 30 or 40 or 50 years or longer that aren’t necessary to protect anyone from anything. Not a single person in Michigan will be any safer and not one serious crime will be prevented or deterred.

I’m infuriated and depressed whenever I think of her in prison and I don’t even know her, can’t even write to her and ask her questions and, hopefully, receive answers and correspond, given prison regulations, and possibly wouldn’t like her even if I did know her. Then imagine the feelings and thoughts and emotions of her family and friends. Imagine having a highly intelligent, educated, sensitive, gentle, vulnerable, perhaps (at least mildly) neurotic daughter, sister, friend, a woman they love, a daughter and sister and friend who has never committed a violent or other malum in se crime in her life and never will but is enslaved in a zoo like an animal for a nonviolent and victimless and malum prohibitum “crime.” Imagine their depression, their fears for her safety, and hopefully their rage, when they think of her life in prison. Imagine how depressing it must be to visit her in prison for an hour or so, perhaps only once a month and surely no more than once a week. and under what conditions? Are they allowed to speak and cry in private and hug and kiss as they say good-by.

* Unlike Abigail and nearly all of the other white prisoners, the inner-city black inmates are actually better off in prison in some ways. Most importantly, they’re much, much safer in that they can’t be assaulted, raped, murdered, brutalized, and terrorized by black male criminals. They’re simply transferred from one hell-hole to another in which they’ll make life hellish for Abigail and the other white inmates and possibly assault them or worse.

The Distinctly Odious Barton Deiters

21 Saturday Oct 2017

Posted by Michael Kuehl in "traumatization", Abigail Simon, Abigail Simon sentence, appeal, Barton Dieters, CSA victimology, MRAs, "men's movement, Uncategorized, women as rapists

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"traumatization", Abigail Simon, Abigail Simon Appeal, Abigail Simon resentencing, MRAs, sex offenders

As noted in previous articles/blog-posts: when covering the arrest, prosecution, trial, conviction, sentencing, imprisonment, and appeals in this case, Barton Dieters has often been less a reporter than a myrmidon of and cheerleader for the prosecution, and later for the judge who twice upheld Abigail’s prison sentence of 8-25 years and life-sentence of electronic parole-monitoring with an ankle-tether/”bracelet” she can never remove

For example, a reporter who uses the phrase “ex-tutor guilty of raping her student” is not a true journalist, objective and neutral, but an activist and CSA victimologist, who is using language not to describe but rather to distort and pervert objective reality for ideological and propagandistic easons. Not having penises, women can’t commit rape in the pure and literal sense of the word. And Abigail wasn’t guilty of “rape” even if defined as violent sexual assault. If anyone was a victim of rape in this liaison, it was Abigail if she’s telling the truth about her de jure “victim” forcing himself on her.

And his tendentiousness was blatant in using words and phrases like “dispatched” and “shot down” in covering the judge’s decisions and arguments at her re-sentencing. “Dispatch” means “to kill with quick efficiency; to dispose of something rapidly or efficiently”; to “defeat.” “Shoot down” means to “kill, defeat, discredit.” And a synonym of “shoot down” is “skewer,” which means to “criticize or ridicule sharply and effectively.” So, according to Dieters, the judge killed Tieber’s arguments, metaphorically, with rapidity and efficiency. He defeated, discredited, and skewered them.

Writing that the judge “rejected” Tieber’s arguments would have been true journalism, neutral and objective, an exemplar of simply reporting the facts rather than siding with the judge, indeed hailing the judge’s decision by using words and phrases like “dispatched” and “shot down,” and against Tieber.

His use of such words not only implies but asserts that Tieber was wrong in claiming that Abigail was not a threat to “re-offend” and in arguing that a life-sentence of electronic parole-monitoring with a ankle-tether/”bracelet” was “cruel and unusual punishment,” and that the judge was right in upholding her 8-25 year prison sentence and life-sentence of electronic parole-monitoring.

The use of words and phrases like “dispatched” and “shot down” not only asserts that Tieber’s arguments were wrong and demonstrably false, contrary to facts and logic and reason, but also ridiculous, irrational, delusional.

Imagine the outrage and hysteria if he had sided with Tieber and against the judge by asserting that Tieber was right and the judge was wrong and used words to praise Tieber and belittle and asperse the judge.

As a CSA victimologist, he obviously thinks of her as a “rapist” and “child molester,” perhaps even a “pedophile,” and the biological man who assented to or initiated sex with her as a “child” and “victim” of “rape” and CSA who’ll be “traumatized” and “scarred for life,” whatever the facts and circumstances, even if he raped her, as did the “victim” of Cassandra Sorenson-Grohall, and she then assented to sex as did Cassandra.

And he obviously believes she deserves to be enslaved and abused and degraded in prison for at least 8-years if not longer and then subjected to a lifetime of draconian/Orwellian persecution, for a “crime” in which the “victim” enjoys the sex more than the woman who “raped” and “molested” him and is often if not usually the aggressor and initiator of his phantasmal and theoretical “victimization.”

The description of Abigail’s lover and other young men who consent to or initiate sex with adult women as “victims” is not an objective fact but an ideological dogma and legal classification. Journalists and reporters and others who use the term “victim” without quotation marks are legitimizing this dogma and legal classification rather than describing objective reality. They’re reifying a dogma and theory for which there is no objective evidence and empirical substantiation.

To those of us who aren’t MRAs and/or CSA victimologists, or brainwashed and vitiated by same, precisely the opposite is palpably true: the judge was wrong and Tieber was right. The judge’s arguments -what he now believes given his “reeducation” or affects to believe given his fear of  MRAs and CSA victimologists-  were not only false but ridiculous, based on lies and/or delusions.

To those of us who are honest, realistic, objective, and rational on this matter, Tieber was right in arguing that Abigail is not a “threat to society” or to anyone nor even a danger to “re-offend” by having sex with another young man under statutory age, and thus her sentence of 8-25 years in prison was grossly and absurdly excessive and iniquitous, and her life-sentence of electronic parole monitoring with an ankle-tether she can never remove was “cruel and unusual punishment,” not only in the sense of being cruel, obviously, but also wholly gratuitous, completely unnecessary in that Abigail has never committed a violent or other mala in se crime in her life and never will or is not a “threat to society” or to anyone nor even a “danger to re-offend” by having sex with another young man under statutory age.

But why, seemingly, does he hate her more than most true sex criminals, at least those who are black, Muslim, and “Hispanic”/”Latino”: e.g., males (including biological men under age 18 who are absurdly defined as “children”) who commit violent/forcible rapes and gang-rapes of adult females and underage adolescent girls, most heinously those who use knives and guns and terrorize and brutalize and gravely injure their victims; or men (including underage pubescent teenagers) who rape or prey on and molest prepubertal children.

And does he hate the low IQ brutes and savages who, each year in Detroit alone, commit hundreds of rapes and murders and thousands of other violent and mala in se crimes, and have done so for decades, destroying a city that was once extolled as the “Paris of the West”? Of course not, not as a group or as individuals. Like all leftists, I’m sure he views most of them with empathy and compassion, as “victims” of “racism” and the “legacy of slavery and segregation.” And the hysteria over Abigail’s intrigue with a young man of 15 distracts from the anarchy and mayhem and warfare in Detroit and, to a lesser degree, Flint and Grand Rapids.

One senses that his hatred of Abigail is, in some ways and to some degree, whatever the reasons, deeply personal. One would think he was the “victim’s father,” or a relative. Or that the “victim’s” parents were his friends and/or neighbors, whom he knows intimately.

He appears to revel in her anguish and degradation, pain and suffering. I’m sure he was happy to see her in handcuffs attached to a waist-chain and leg-irons for well over 2-hours at her sentencing, so enervated by fear and angst and despair and lack of sleep that she could barely walk or even stand and almost collapsed twice and often crying. I’m sure he hopes her life in prison is hellish, abusive, degrading, and nightmarish, the more so the better. Thanks to the media, led by him, she’s surely the most infamous, and probably the most hated, of all 2000-plus inmates. He might even be glad to hear that she was assaulted, brutally and viciously, or even murdered.

 

Judge Twice Upholds Her 8-25 Year Prison Sentence and Life-Sentence of Electronic Parole-Monitoring

07 Tuesday Mar 2017

Posted by Michael Kuehl in Abigail Simon, Abigail Simon sentence, appeal, Barton Dieters, criminal sentences, Uncategorized

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"traumatization", Abigail Simon, Abigail Simon Appeal, Abigail Simon resentencing, Barton Dieters

The Judge who sentenced Abigail to 8-25 years in prison had two opportunities -first after the Supreme Court of Michigan ruled that mandatory-minimum sentences with “unconstitutional” and then after a Court of Appeals decision that upheld her conviction but ordered a re-sentencing- to release her with “time-served” or sentence her to “only” 2 or 3 or 4 years in prison with “time-served, in which case she would have been released from prison in January of 2017 or 2018 or 2019.

At sentencing on January 14, 2015, he had no discretion, no choice to impose a sane and just and condign and rational sentence. He now had the discretion to overturn the sentence of 8-25-years in prison he was constrained to impose in January of 2015 and to exercise the options mentioned above and also the discretion to vacate the life-sentence of electronic parole-monitoring with an ankle-tether/”bracelet” she can never remove. But he twice upheld the sentence of 8-25 years in prison and a lifetime of electronic parole-monitoring. I don’t know if he had the discretion to overturn the life-sentence of public sex-offender registration, imposing a sentence of only 20-30 years of public registration. But if he did have such discretion, I’m sure he would have also upheld this sentence.

At sentencing on January 15, 2015, in explaining why he chose to impose the mandatory-minimum sentence of “only” 8-25 years in prison rather than the maximum of 25-years to life for a first-offender convicted of a nonviolent and victimless and malum prohibitum “crime,” the judge noted that Abigail was not a “predator” who was likely to re-offend and that her “victim” also knew their affair was “wrong” and was thus partly responsible. Thus, at the time, he was not a CSA victimologist.

For these comments, merely a bit of honesty and realism compared to what I would have said in his place and have written on this matter in general and specifically on  the insane and execrable laws of Michigan and Abigail’s sentence, I’m sure he was not only criticized, not only rebuked, respectfully, but also condemned, denounced, traduced, vilified, and probably subjected to a barrage of hate-mail and possibly a few if not more than a few death-threats.

In July of 2015, the Michigan Supreme Court ruled that mandatory-minimum sentences were “unconstitutional” -theoretically in violation of the 6th rather than 8th Amendment.

And in August, roughly a month later, in justifying his decision to uphold her 8-25 year prison sentence and her life-sentence of electronic parole monitoring with an ankle-tether/”bracelet,” he now argued (whether sincerely, having been “re-educated,” or insincerely out of fear and cravenness and pure self-interest) that she was a “predator” who can never be cured but only deterred by imprisonment, at least 8-years of enslavement, and then by a lifetime of quasi-totalitarian surveillance, a “predator” who was surely or likely to re-offend by having sex with young men under statutory age and, perhaps, also molesting prepubescent children. I wonder if he described her as a “rapist” and “pedophile” or, at least, a “child molester” and/or “child sexual abuser”?

He now realized or affected to believe that she was so dangerous, such a threat to all the children of Michigan and the other 49 states and the entire world should she be allowed to move or travel after her release from prison, that she deserved to be enslaved for at least 8-years if not longer and also forced to wear an electronic ankle-tether/”bracelet” that she can never remove by herself, not even when bathing or having sex with a lover if the state of Michigan and other jurisdictions permit such relationships, and which can only be removed, finally and officially, I assume by people in roles of authority, when she dies at age 77 or 86 or 94 or 102.

Our great good friend, Barton Deiters, who can barely conceal and contain his joy and approval and tendentiousness, writes:

A judge says the former Catholic Central High School tutor convicted of having illegal sex with her 15-year-old student was not denied a fair trial and does not deserve to be re-sentenced.

Kent County Circuit Judge Paul Sullivan also rejected the contention of Abigail Simon’s attorney that she should not be required to wear an electronic tether for the rest of her life.

Sullivan also shot down Teiber’s request that the state-mandated lifetime electronic tether requirement be lifted because she was not a threat of re-offend. Tieber argued that the electronic monitoring violated his client’s privacy and Constitutional right against unreasonable searches and was “cruel and unusual punishment.”

Sullivan dispatched both arguments, saying that the public’s safety outweighed the minimal intrusion into Simon’s privacy.”Additionally, the invasiveness of a GPS monitoring devise can seem relatively minimal compared to the often lifelong effects these types of crimes can have on victims.”

“Shot down,” “dispatched,” what a joke! Yes, the “public’s safety outweighs the minimal intrusion” into the privacy of a woman who never committed a violent or other malum in se crime in her life and never will and is not a “threat to society” and “public safety” or to anyone nor even a danger to “re-offend” by  transporting another biological man under age 16 to carnal Elysium -and that’s assuming she lying about his forcing himself on her and “controlling her life.”

Deiters concludes:

Simon remains in the Huron Valley Women’s Correctional facility, where she is serving out her eight to 25-year prisons sentence.

Her case has been filed with the Michigan Court of Appeals, which will likely hear her arguments within the next six to eight months. (“See why Judge says Catholic School Tutor does not deserve a new sex assault trial,” mlive.com., Aug. 13, 2015.)

Almost a year later, in June of 2016, the Court of Appeals upheld her convictions and also her life-sentence of electronic monitoring with an ankle-tether/”bracelet.”

The Michigan Court of Appeals has upheld the conviction of Abigail Simon, but says Kent County Judge Paul Sullivan should determine if she should get a different sentence…After Simon’s conviction and sentence, the Supreme Court changed the way those sentencing guideline are applied, allowing judges to use them only as a recommendation…In it’s ruling Thursday, the Michigan Court of Appeals sent Simon’s case back to judge Sullivan who will determine if, using the updated guidelines as as guide, Sullivan would give Simon a different sentence…The Court of Appeals also rejected Simon’s claim that lifetime electronic monitoring after her release from prison was unconstitutional. (woodtv.com, 6/17/2016)

Once again, as after the Supreme Court decision, Sullivan uphold her sentence of 8-25 years in prison and her life-sentence of electronic parole-monitoring.

 

 

Her “Victim” Should Sue the Media and the State of Michigan.

28 Sunday Aug 2016

Posted by Michael Kuehl in "traumatization", Abigail Simon, appeal, CSA victimology, lawsuit, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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"traumatization", Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit, Abigail Simon resentencing, media sex hysteria, traumatized, women sex offenders

“Battery,” “emotional distress,” “anxiety,” “psychological pain and suffering,” “freight and shock and embarrassment, humiliation, and mortification (talk about redundancy!),” “trauma,” ad nauseam.

If any of this is true rather than contrived and imagined and grossly exaggerated, and probably or clearly a result of this affair as a whole (the intrigue, her arrest, incarceration, prosecution, the pre-trial hearings, trial, conviction, sentencing, her current enslavement, appeal, re-sentencing, his lawsuit, etc.) rather than the stresses of life in general and being a college student and football player, it’s not a result of his liaison with Abigail as a young man of 15 but rather a corollary of the law, the criminal justice system and its gendarmes and functionaries, and the media:

* the arrest and jailing of the woman he loved and who gave him the sex he craved and enjoyed more than her and may have initiated even if she’s lying about his forcing himself on her; the destruction of their love affair and separation from the woman he loved and who loved him, if she’s lying, and whom she transported, willingly, to carnal elysium if the liaison was fully or largely consensual;

* her prosecution, the pre-trial hearings in which he first testified that he forced himself on Abigail and then claimed the sex was factually consensual, apparently threatened with charges of rape if he didn’t change his story so Abigail could be charged with 4-counts of first-degree CSC rather than simply “accosting a minor for immoral purposes;” the trial and hours of testimony under cross-examination; her conviction and incarceration;

* the sentencing in which she was shackled, gratuitously for no exigent and practical reason for over 2-hours, in handcuffs attacked to a waist-chain and leg-irons, so debilitated by fear and despair and anguish and lack of sleep that she could barely walk or even stand and almost collapsed twice; often sobbing, before the judge sentenced her to 8-25 years in prison and a lifetime of draconian/Orwellian persecution; her enslavement, the appeal (denied by the trial judge and then an appellate court), her imminent or ultimate  re-sentencing;

* and iatrogenic therapy whose purpose is to convince him that the sex he craved and enjoyed, the sex he experienced, consciously, as thrilling and gratifying and empowering, was traumatizing subconsciously; to brainwash him into realizing that he was/is a “victim” of Abigail who is “scarred for life” even if he wasn’t cognizant of his “trauma” and of being a “victim” of “sexual assault,” and that the woman he “thought” he loved and who gave him the sex he “thought” he craved and enjoyed was a “rapist” and “pedophile” and “child molester.”

Yes, if not for the law, criminal justice system, and media coverage, local, state, national, and even international, nobody would have been hurt, profoundly and permanently, if at all, by this intrigue -not only Abigail, by far most hellishly, and her “loved ones,” family and friends, whose anguish is excruciating, but also the “victim,” assuming she’s lying and that he was her lover and not her victimizer, and his family. Yes, he should file a lawsuit against the media and the State of Michigan.

Abigail to be Resentenced

23 Saturday Apr 2016

Posted by Michael Kuehl in Abigail Simon, appeal, CSA victimology, MRAs, "men's movement, sex offender registry, Uncategorized, women as "pedophiles" and "child molesters", women as rapists, women sex offenders

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woodtv.com, Dec. 2, 2015:

As for Simon, she is appealing her conviction on several counts. She argues her attorney was ineffective, and the judge gave improper jury instructions that undercut her defense that claimed she was the victim.

The Court of Appeals has not announced whether it will hear Simon’s appeal, however both her her attorney and the Kent County prosecutor’s office say the case should come back to Kent County Court for a sentencing hearing.

In July, the Michigan Supreme Court threw out mandatory sentencing guidelines, ruling judges can use them as a guide but are not bound by them. Since then a number of cases have been sent back to the trial courts for resentencing.

In Simon’s case, the Kent County Prosecutor’s Office writes that the “case should go back too the Circuit Court to determine whether the court would have imposed a materially different sentence but for the essentially mandatory sentencing guidelines.”

Simon’s attorney argues the guidelines were set higher that they should have been under the Supreme Court ruling. Circuit Court judge Paul Sullivan is free to keep the current sentence, or make it shorter or longer.

In a sane and just and rational country, Abigail would not have even been charged with a crime but simply punished, non-criminally, by dismissal and revocation of her license and expulsion from the profession. Or, at worst, charged with a misdemeanor and, if convicted, sentenced to 3-6 months of probation with perhaps 50-100 hours of “community service.” And perhaps also fined modestly. And that’s assuming she’s lying about her “victim” forcing himself on her.

But America is sui generis in its lunacy and hysteria over adult women having sex with biological men under statutory age -especially those in positions of authority even if their authority is not misused to coerce and manipulate their “victims.” Abstractly, in theory and by definition, the authority is presumed to be coercive and manipulative -irrespective of who did what to whom, sexually and non-sexually, and why- and implicitly coercive and manipulative even if the “victim” was the aggressor who initiated his theoretical and phantasmal “victimization,” i.e., the sex he craved, initiated, and enjoyed far more than his de jure “victimizer.” And even if he initiated, sustained, and controlled the intrigue by a scheme of coercion and manipulation. Or even by “sexual assault,” rape and/or molestation, e.g., the “victims” and “crimes” of Melissa Bittner and Cassandra Sorenson-Grohall.

And, though the SC ruling was in July of 2015, I assume she has not been resentenced. Given her 7-weeks in jail before sentencing, she’s now been enslaved for almost a year and a half and might have to wait a few months longer, at least, to find out how many more years she’ll be imprisoned.

And when she’s resentenced, say in 2-3 months, I’m sure the judge won’t let her off with “time-served.” Imagine the reaction if he did so! The fusillade of excoriation, calumny, virulence, hate-mail, death-threats, perhaps even assaults and vandalism. The condemnation from the ruling elites and governing-classes, CSA victimologists, newspapers editorials, pundits, politicians, the national media and it’s “talking-heads,” MRAs, etc. So even though he appears not to be a CSA victimologist, given some of his comments at sentencing, I fear he’s too craven to defy the mob and elites and choose sanity and equity over politics and ideology.

Thus, almost surely, a sentence of “only “4 or 5 or 6 years in prison, hopefully with “time-served,” though I doubt it, or perhaps 4-8 years with a chance for parole after “only” 4 or 6 years. If she’s given 6 years, for example, she’ll be enslaved for almost as long as under the initial sentence of 8-25 years, assuming she would have been released after “only” 8 years. And if given 4-8 and denied parole after 4 or 6 years, she’ll be enslaved almost as long or longer than under the first sentence, assuming once again that she’d have been released after 8 years.

And conceivably longer than 6 years if he reads a copy of the lawsuit or attends a hearing and believes all or most of the allegations. During sentencing in January 2015, he concluded that she was not a “predator” who was likely to “re-offend.  Given the lawsuit and it’s allegations (lies, distortions, half-truths, exaggerations?), he might change his mind and view her as a “predator” who is likely to “re-offend,” resulting in an even more draconian sentence. And so, too, if he submits to the demands of CSA victimologists, MRAs, and the tens of millions of people they’ve brainwashed, provoking in millions a frenzy of hatred and “blood lust” for vengeance.

And the resentencing, whatever his ruling, won’t vacate or lessen any of the extra/post-incarceration penalties.

 

Why She Must Contest This Lawsuit and Prevail in a Civil Trial

16 Saturday Apr 2016

Posted by Michael Kuehl in Abigail Simon, appeal, Uncategorized

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Abigail Simon, Abigail Simon Appeal, Abigail Simon lawsuit

Her grounds for appeal in respect to the “guilty” verdicts -three “counts” of first-degree criminal sexual misconduct” for alleging having sex with her “victim” on three occasions and one “count” of “enticing a minor for immoral purposes” for responding to his hundreds of emails and text messages- is that the judge’s instructions to the jury “undercut her defense -that she was the victim of rape and the teen was her attacker.” (woodtv.com, quoted in grrealist.blogspot.com, 2015/08)

At issue -two key points- jury instructions that Tieber says didn’t instruct the jury of 11 women and one man to consider the defense that Simon was a victim of rape and the sentence that imposes lifetime monitoring on Simon. A sentence her attorneys say is cruel and unusual.(woodtv.com, August 3, 2015)

Her only  chance, however remote, of having her convictions vacated on appeal and being acquitted of all charges in a new trial by a jury that believes her story and testimony is if she contests the lawsuit and all or most of its allegations and prevails in a civil trial.

If she pleads no contest to the lawsuit, thereby conceding that she was lying and that the young man didn’t force himself on her, her grounds for appeal will be obviated in respect to the judge’s instructions. There would be no reason to proceed with an appeal on this matter with the hope that her convictions would be negated and that she’d exonerated in a new trial, and no reason for a court to even hear her appeal on the judge’s instructions. The issue would be mute and impertinent, factually and legally.

And even if an appeals court ruled in her favor on lifetime electronic parole monitoring, agreeing with her lawyers that this penalty was “cruel and unusual,” her convictions would not be overturned and she would still be imprisoned for years if not over a decade and subjected to all the other extra/post-incarceration punishments, including registration for life as a uniquely deviant and dangerous criminal.

Why Did She Say He Raped her Three Times?

21 Sunday Feb 2016

Posted by Michael Kuehl in Abigail Simon, appeal, Uncategorized, women sex offenders

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Abigail Simon, Abigail Simon Appeal, plea-bargain, women sex offenders

And why did she say he forced himself on her three times, twice in her apartment, and once in her car, apparently. (Once again, no concrete details, no specificity much less thoroughness, not in the news or in any article. And I haven’t read the trial transcript, and almost surely will never do so or talk to or correspond with anyone who attended the trial.) If she was and is lying, why didn’t she say he raped her once? Or twice, first in her apartment, and then in her car, which would have made her story more plausible. I assume there was and is no evidence (DNA, semen, witnesses, texts and emails) confirming beyond a doubt that they had sex on these three occasions. If there was such evidence, conclusive and incontrovertible, that would explain why she claimed he forced himself on her three times. But if not, why would she claim he raped her three times rather than once or twice?

And if there was evidence, definitive and irrefutable, that they had sex 6 or 7 or 8 times, she would have to claim that he raped her 6 or 7 or 8 times. And to have so told the police and prosecutors and testified at trial and preliminary hearings. If so, she would have had no choice but to have plead guilty.

And does she strike one as the kind of woman who’d fall “madly in love” with a 6’3″, 220 lb. “jock” and football star, whether 15 or 20 or 25?

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