Outrageous outrage: Accused child rapist freed because court can’t find interpreter
posted at 1:29 am on July 23, 2007 by Allahpundit
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This is well and truly an outrage but I still can’t help chuckling at the predictability of the blog and media reaction tomorrow. All the ingredients are there. Child victim? Check. Immigration angle? Check. Law enforcement hamstrung by the demands of multiculturalism? Check. Showcase segments on “The Big Story” and O’Reilly, at least one of which to feature a sweating, defensive Geraldo Rivera? Checkity check check.
The most darkly, pathetically humorous aspect of the whole fiasco? It sounds like WaPo was able to locate several interpreters who speak Vai in the course of an afternoon:
The trial date was extended repeatedly as the state and the defense argued over whether Kanneh needed an interpreter and whether he understood the legal proceedings. The state noted that Kanneh attended high school and community college in Montgomery and spoke to detectives in English. The defense insisted that he needed an interpreter to fully understand the proceedings.
The matter was resolved after a court-appointed psychiatrist who evaluated Kanneh recommended that an interpreter be appointed. Judges who handled subsequent hearings heeded that advice.
The first interpreter stormed out of the courtroom in tears because she found the facts of the case disturbing. A second interpreter was rejected for faulty work. After calling the Liberian Embassy and exhausting other avenues, the clerk’s office contacted the administrator of the state’s court interpreter program in Annapolis. He located a third Vai interpreter, but at the last minute, that person had to tend to a family emergency.
In recent weeks, court officials had found a suitable interpreter who could have assisted in the trial, but it was too late…
With help from the National Association of Judiciary Interpreters and Translators, The Washington Post identified three Vai interpreters Thursday, including one in Gaithersburg. Lionbridge, a company that offers interpretation services, said it could provide Vai speakers on short notice. Knight said her office had been diligent. “It’s these rare languages we’re struggling with so much,” she said.
Held: violation of his right to a speedy trial notwithstanding the fact that he’s been out on bail since the day after they arrested him, free as a bird save for his promise not to have contact with minors. Because he’s here on a grant of asylum, a conviction could have meant deportation. There’s nothing unusual about letting a guilty man walk when government incompetence bleeds into unconstitutionality — the exclusionary rule is based on the same principle — but the right to a speedy trial is supposed to deter the government from using pretrial detention as a de facto term of imprisonment by postponing trial indefinitely. The delay in this case wasn’t purposeful, though; they just had crappy luck with their translators. I wonder if the prosecution can appeal on grounds of “Hey, they tried.” My dim understanding of speedy trial law is that it’s all multifactor tests and ad hoc standards, which means the appellate court will be disinclined to second guess the trial court unless they feel she “abused her discretion,” i.e. farked up egregiously. Close call.
The other issue is how far backwards they should have to bend over to accommodate boutique languages, particularly when the suspect already speaks English with some fluency. Whether that’ll bear on the calculus on the speediness of the trial, I don’t know, but it’s going to make for some dynamite “English-only!” rants tomorrow, I guarantee you.
Update: It’s 8:07 and Fox & Friends is already talking about it. Heh. I’m going to keep a running tally of how many different Fox shows this story turns up on today.
Update: 10:31 and America’s Newsroom is all over it.
Update: 11:21. E.D. and Fox News Live answer the bell.
Update: Fox News Live at noon leads with it.
Update: 1:04. Second story on the Live Desk with Martha MacCallum. They’re holding a live press conference now, in fact.
Update: Wow, another segment during the Live Desk. 1:44.
Update: Jane Skinner held out as long as she could. 2:35 on Fox News Live.
Update: Twice in the span of 20 minutes on Studio B — first at 3:03 and now again at 3:21.
Update: Surprise — Cavuto did not cover it. But Gibson’s on now and he just teased it in the intro.
Update: Greg Jarrett, subbing for Gibby, is running it now at 5:09.
Update: 6:14 and Brit’s all over it.
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Habla Smith & Wesson?
BobH on July 23, 2007 at 1:34 AM
I don’t understand, the state was giving him three meals and a place to sleep. What more would he want? A ticket back to West Africa?
Kini on July 23, 2007 at 1:43 AM
Hoisted, Petard, doesn’t cover it
EricPWJohnson on July 23, 2007 at 1:55 AM
I’m outraged that Michelle isn’t doing VENT anymore! Ya can’t just all of a sudden take away a crackhead’s pipe! I’m having serious withdrawls … must … see … VENT.
Tony737 on July 23, 2007 at 1:56 AM
I think it’s even money that it gets reversed.
Patterico on July 23, 2007 at 2:04 AM
I’m more interested in the tedious media response tomorrow. You know O’Reilly’s going to be pounding that desk, reminding us how he’s “just looking out for the folks.”
Allahpundit on July 23, 2007 at 2:06 AM
Geraldo making another pathetic and unjustified attempt to attack Michelle over this when she’s not there to debate him? Check!
RightWinged on July 23, 2007 at 2:27 AM
Well, what kind of media response would you like to see?
WisCon on July 23, 2007 at 2:40 AM
Another reason to make English the official language of our country to force our courts to use it!!!
ricelchew on July 23, 2007 at 2:53 AM
Translator? I thought ignorance is no excuse for the law? Somehow I think this should apply.
- The Cat
MirCat on July 23, 2007 at 2:55 AM
Put him on an air drop over Venezuela. We should start sending our worst criminals to other countries.
Egfrow on July 23, 2007 at 2:59 AM
Isn’t English the official language of Liberia?
ricelchew on July 23, 2007 at 3:06 AM
Possible MSM summary: “It’s Bush’s fault!”
(inadequate funding because of Iraq, racist trial slow-marching – usual suspects)
eeyore on July 23, 2007 at 3:09 AM
The official language of Liberia is English and I question more than just the timing, how about the entire freaking agenda.
Buzzy on July 23, 2007 at 3:32 AM
I asked a family member, who actually lived and worked in Liberia for several years, what the chances of someone from Liberia living here not speaking English were.
He appeared incredulous at the suggestion. He reminded me that Liberia was founded by Americans. Furthermore, the percentage of Africans who migrate to America already speaking English is remarkably high.
He seemed to recall the only time he heard any language other than English, during his time in Africa was when he was haggling at a marketplace or street bazaar.
Here’s a tipoff. Some members of Liberia’s Olympic track team was unable to compete in 2004 because they could not practice together…because they were all living in different regions of the United States.
This case will certainly be twisted to garner African-American support for the illegal immigration agenda. I expect this creep to become an oft-cited case in “immigrants rights” circles. They do a great job of presenting a multicultural immigration contingent despite the overwhelming majority of illegal immigrants being from Mexico.
Their are an estimated 12-20 million illegal immigrants from Mexico. There are approx 33 million native born African-Americans.
If Mexico were Haiti or Nigeria, how high would the wall be?
I can’t wait for the MM smackdown of Geraldo over this one!
The Race Card on July 23, 2007 at 5:04 AM
sounds to me like this prick is just pretending he doesnt speak english.
Aylios on July 23, 2007 at 5:17 AM
MirCat…In this case the ‘ignorance’ in on the part of the COURT !
DoctorDentons on July 23, 2007 at 6:20 AM
Can we keep this story going and put his lawyers name, the judges name and the psychiatrists name out there?
We should identify th enemy.
peacenprosperity on July 23, 2007 at 6:22 AM
You are kidding, right?
kiakjones on July 23, 2007 at 6:36 AM
This could have gone under “too good to check”, but it looks like it’s already been checked. Election ‘08, anyone?
- The Democrats want this same government to control your health care,
- The Democrats (and Bushco) want this same government to run 15 million criminal background checks on 15 million illegal aliens,
- The Democrats must not care about black children.
Jaibones on July 23, 2007 at 6:41 AM
Oreilly pounding on his desk – can’t visualize it…
EricPWJohnson on July 23, 2007 at 6:57 AM
We all know what’s gonna happen don’t we?
This guy’ll be back in the dock in a few years time, having committed numerous other rapes in the meantime, for none of which he will extradited, since one isn’t allowed to ‘discriminate’ against immigrants, but he’ll be in the dock in a few years for murdering and raping another child.
Aylios on July 23, 2007 at 7:27 AM
What would be wrong with teaching the guy the English language? Three years and he could have been taught, and if he weren’t able to be taught, we could put him in a loony bin or deport him back to his country of origin.
csdeven on July 23, 2007 at 7:46 AM
I don’t get the “dark humor” in this AP. Nothing funny at all about “a man accused of repeatedly raping and molesting a 7-year-old girl”, predictable righty reaction notwithstanding.
aqvik on July 23, 2007 at 7:55 AM
The actions by that judge were absolutely insane. This is not justice, it’s liberalism gone mad.
rplat on July 23, 2007 at 8:00 AM
Without the tedious media of O’R, Jessicas law would be just a byline. I am no big fan, but what he does for children and holding judges accountable is worth the “tedious” no matter the reason, ratings or ego. The result has been effective, and more effective if others put their own personal ego aside and hopped on this one bandwagon. Skewer the official who lets child rapists and abuser off with light sentences.
The problem with the media (and this includes the web) is anyone who gets publicity from a cause, everyone else stays away so as not to support that media person. Hence you get people literally fighting a just cause by themselves. With other jealous people pointing fingers and second guessing the reason of support.
right2bright on July 23, 2007 at 8:12 AM
This is Maryland, remember.
Attila (Pillage Idiot) on July 23, 2007 at 8:14 AM
The evidence sounds strong, as multiple “witnesses told police he assaulted the girl multiple times.”
Who were these morons who knew about the multiple times????? I’d like to see a little investigation as to what they knew and when they knew it. Why didn’t they call police the FIRST time it happened?
They ought to be brought up on charges, too! Are these people also immigrants seeking asylum? Maybe in some cultures assaulting children is ok.
bloggless on July 23, 2007 at 8:16 AM
Greta will be all over this…like white on rice.
SouthernGent on July 23, 2007 at 8:20 AM
If you have a 7-year-old daughter–and yes, I do–there is nothing manufactured about the outrage over this story. And there is nothing tedious about wanting to see fists pounded and heads cracked over the defendant getting off scot-free.
Michelle on July 23, 2007 at 8:25 AM
I’m not saying the outrage is manufactured; I called it an outrage myself. But suspects go free every day on constitutional technicalities. This one will get attention because of the factors I named at the beginning.
Allahpundit on July 23, 2007 at 8:42 AM
Uh oh, me thinks your boss is not so happy with that post AP, if the “Michelle” poster is the one and only MM. And frankly I’m not either. Sometimes we need emotional responses to things like this. Right-wing stance of Fox News notwithstanding.
mram on July 23, 2007 at 8:43 AM
I guess I need a translator too because evidently “this is well and truly an outrage” doesn’t mean “this is well and truly an outrage” anymore. I call it an outrage, I find you a juicy detail from WaPo about how easy it was to find translators, I give you some legal background, and what’s your response? “I don’t like this post because it’s not angry enough!”
Allahpundit on July 23, 2007 at 8:52 AM
How do you teach him something he already knows? He spoke english to the detectives. He attended high school and college in Montgomery. The guy knew the english language. It was recommended by some idiotic pshyciatrist that an interpriter be used. Now what in the world was wrong with the judge to listen to that idiot anyway when to defendant already spoke english?
boomer on July 23, 2007 at 9:00 AM
An odd way to frame this story. Reaction will be predictable…the facts make that clear. The Left will ignore it on PC grounds and the Right will report it because it’s true and plainly outrageous.
But since all news now has political ramifications, that’s life. Perhaps this story is a bit too clear and simple…not nuanced enough?
Asher on July 23, 2007 at 9:01 AM
Not knowing what Maryland case law is like re: the right to a speedy trial, it’s hard to know how simple it is. The fact is, if a guy shoots up a McDonald’s and it takes the government 10 years to bring him to trial, he might very well walk too. Constitutional reality sucks sometimes, but there it is.
Allahpundit on July 23, 2007 at 9:05 AM
Do we want to stand around here all day and bitch about it with expressions of rage and indignation or do we want to make the guy pay for his crime? After three years he could have learned the language and all this BS would be moot. Or you deport his a$$ for being unwilling to learn or put him in an institution for being unable to operate within society.
csdeven on July 23, 2007 at 9:06 AM
Allah, I think the comments on this post prove your point about the predictability of the response, even in our own community here. You make a post about a horrible crime, but make some salient points related to it, and take heat for it. Well, I got your back on this one.
The whole system is rotten, if a defense attorney can get away with delaying a trial on the premise that his client doesn’t speak English when he clearly does. I blame the judge on this one; he should have put a stop to it at the beginning.
For those of you keeping track of these types of cases, here is one from my neck of the woods, yet I’ve not heard any natonal coverage about it. If people in the news would compile several of these examples, instead of focusing on just one to the point of overkill, maybe there would be sufficient outrage for something to actually be done about it.
Jezla on July 23, 2007 at 9:10 AM
And O’Reilly will be on it like a fly on ….. You know!
This judge might as well start packing her bags because OR will never let up on her until she is gone.
OBX Pete on July 23, 2007 at 9:10 AM
Allah’s anger notwithstanding, I’m outraged (!). But there will be plenty of time to return to our default position of “liberal judges leading us serenely down to hell in a hand basket”, so it’s fun to look at this one and wonder WTF is going on in this case, cause what I read makes no sense at all.
Jaibones on July 23, 2007 at 9:11 AM
PS… I read the story, I was aware of his history when I commented. But people like to fix blame instead of fix problems. Instead of fighting him on the issue, agree that he doesn’t know the language sufficiently to defend himself and EDUCATE him on the language to the extent he CAN understand the charges.
It’s pretty damn simple when you cut through the BS.
csdeven on July 23, 2007 at 9:11 AM
Thanks, Jezla. I knew I’d take all kinds of heat on the Patton post yesterday too. The predictability of blogs is exasperating sometimes, but I’m as guilty of it as anyone.
Allahpundit on July 23, 2007 at 9:12 AM
Not to nitpick, but it’s “she”.
Jaibones on July 23, 2007 at 9:13 AM
My outrage is directed at the prosecutor and defense lawyers, as well.
The prosecutor, IM(Pro)O, did a very poor job of case preparation. If the defendant was customarily and repeatedly communicating with investigating officers in English, the prosecution should have been ready to use this as an objection to the “lack of translator” argument. This should have happened during the discovery phase after the indictment was handed down by the grand jury. The fact that it apparently wasn’t done indicates a near-total lack of coordination between the investigating officers and the prosecutors. (As someone who’s been there, I can tell you with some degree of veracity that this is usually due to a lack of communication or interest on the part of the DA’s office, not at the precinct, so to speak.)
Furthermore, the fact that their supposed repeated attempts to obtain a translator over a span of three years failed, when others succeeded in only a few hours, indicates to me they just weren’t trying very hard. Which also indicates a lack of due diligence on the prosecution’s part.
As for the defense, they were obviously engaged in the time-honored (and cynical) procedure of “slow-walking” the case- asking for continuances and delays, and making fairly transparent objections on purely procedural grounds. The objective of these delaying tactics is usually to stretch out the trial preparation process until, for one reason or another, witnesses against the defendant are unavailable to testify on the day of the trial- at which point the defense moves for dismissal on the grounds that “the prosecution has no case”.
However, this is one of the rare cases where I have actually heard of a judge granting dismissal on the grounds that a “fair and speedy trial” has not been provided. My guess is, the defense attorney(s) knew this judge well enough to believe that this seldom-used argument would work. (Most judges here in OH would reject the argument out of hand, on the grounds that if the defense is responsible for the delays, they may not profit from their own disingenousness.)
Either way, the fault lies with the “professionals” in three-piece-suits on both sides. The prosecution was apparently incompetent. And the defense was in the now-familiar “Win at any cost, and the H**l with the facts” mode.
I don’t know which is more dangerous to our civilization. Letting lawyers write laws, or letting them put them into practice.
cheers
eon
eon on July 23, 2007 at 9:15 AM
Michelle
I have three daughters, this guy walked because the good people of Maryland didn’t take care of business
Allah
The yelling needs to be replaced by the quiet resolve to streamline the courts and get the resources in there to make sure fewer people walk
But its not as sexy an outrage issue as aim deficient border guards or illegal drug gangs in LA
People vote down bond issues for courts, let liberal governor run amok and make a mockery of our judicial process through irresponsible appointments
As Squawkboxnoise said the days of vote and forget are gone in the blogging age
EricPWJohnson on July 23, 2007 at 9:21 AM
I believe it will be overruled. It’s not like the court made no effort. In fact, they went to great lengths to try to obtain a translator. Additionally, was a translator used each time the defense atty visited him?
Blake on July 23, 2007 at 9:22 AM
On the charge of the high crime of “predicability:” I plead guilty.
Michelle on July 23, 2007 at 9:22 AM
Michelle
Its sad its predictable though isn’t it
Child rapists walking………
EricPWJohnson on July 23, 2007 at 9:43 AM
Ah, I understand. You’ve framed this story in the context that interests you the most…mostly to explore the reaction from the Right rather than focus on the facts in the case.
Nothing wrong with that. It offers a chance to discuss the role of the ‘gatekeepers’ in news distribution. Facts need context.
Asher on July 23, 2007 at 9:43 AM
Allah, just admit you hate children and we can move on!
RightWinged on July 23, 2007 at 9:57 AM
Just reading between the lines here…
but it looks like the Defense won the interpreter thing in the discovery phase, and then was ready…
Problem is that the Prosecution and Court were not ready to go to trial.
If they had gone to trial without the interpreter it would have given them grounds for overturning any guilty verdict…
Judges hands were actualy tied… Prosecution was not ready, and it looks like it was the PROCECUTION who failed on this one… multiple times… so the Constitutional arguement.
I feel sorry for the Judge on this one…
Romeo13 on July 23, 2007 at 10:07 AM
Heh. This is what makes this blog so great. When everyone gets caught up in the river, AP stands on the bank as says – look, it is a river sweeping everyone in.
I’d suggest people stop of AP as an extension of themselves, but think of him as a tour guide.
Spirit of 1776 on July 23, 2007 at 10:21 AM
3 years is along time to bring an accused person to trial if there also was strong evidence he had done it he would not have gotten bail so easily either
Witness the case of Tom Delay, had to step down, resign, still not on trial and not looking like he’s getting a chance to vindicate and have his day in court the clock is approaching a year now and actually has been harassed and investigated on these charges for THREE years.
Judges don’t usually let child rape suspects walk out on cheap bail if there is any reasonable suspicion – of course this is lost in the shuffle of conviction without a trial as well in the media and now in the blogesphere look he maybe guilty but he gets his day in court.
EricPWJohnson on July 23, 2007 at 10:26 AM
It is not Allah’s post that is a problem, it is his snide remard about tedious reporting and O’R doin is thing.
right2bright on July 23, 2007 at 10:41 AM
Allahpundit or Bryan-is your g-mail box full? I’ve been trying to send a few tips-and they are getting bounced back. It happened yesterday, too.
WriterMom on July 23, 2007 at 10:43 AM
Theresa Chernosky-lawyer who came up with the strategy to allow a child rapist to go free. I bet she would claim she was protecting the civil rights of everyone in America.
Loretta E. Knight-Clerk of the Court responsible for finding the translator. A walking illustration of the efficiency of government.
Katherine D. Savage-judge who dismissed “Savage attributed no blame for the delay. She called the prosecutor’s efforts to help locate an interpreter “Herculean” and said the court system had learned from the case. “Time has become the enemy,” the judge said.” The guy was out on bail, what was the hurry? And what is the enemy? Time or a child rapist walking among us?
Very, very scary.
peacenprosperity on July 23, 2007 at 11:04 AM
Madness indeed. Where is the court’s concern for the victim? For God’s sake, this is a little 7 year old girl whose life has been trashed to satisfy the desires of a sick twisted pervert. This is unreal.
Oh gimme a break. This blog would be boring as hell without snide remarks.
infidel4life on July 23, 2007 at 11:05 AM
That’s BS. Just shows she is another liberal judge who has no clue what this does to the child, her family, and the other children this man will abuse, because he will do it again. People like this do not change.
And it wasn’t like he was sitting in jail those 3 years (which he should have been) , he was released on a paltry bail.
Really?? Judges don’t usually let child rapists walk…. ? Do you pay attention at all to the news? It happens all the time!
And if O’Rielly pounds his desk and rants about it, let him. If he doesn’t, who else will? I wish more people carried on the way he does about child abuse.
4shoes on July 23, 2007 at 11:10 AM
Enemy: child rapists, and the judges who let them go free.
Come on people! It’s ok to call them what they are; sick twisted monsters who prey on children and will never be anything else!!!
And the punishment should be equivalent for the crime. They should never be allowed to walk free again and the lowest pit in hell should be reserved for them.
4shoes on July 23, 2007 at 11:18 AM
I don’t think it’s a snide remark at all. The tone may be pure AP, but the point is accurate. The media outlets focus on righteous outrage, but almost never really focus on the systemic procedural problems that led to this point, and if they do get that far, don’t provide any solution for fixing it.
Jezla on July 23, 2007 at 11:21 AM
Folks
We need a trial first, no trial in three years also means dragging out the interpreter excuse while trying to build a case
The guy ould be guilty or just as possible they guy could be innocent too
But the process failed because the case was not presented properly
EricPWJohnson on July 23, 2007 at 12:38 PM
The tragedy of all this is, if you are outraged, you are made out to be a right wing conservative. Just wait for Geraldino: “It is not about immigrants raping children, it is men raping children”.
SIJ6141 on July 23, 2007 at 3:49 PM
I have a copy of this jerk’s court docket. He won’t be out on the streets for long.
Lennie on July 24, 2007 at 12:39 AM
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