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Majority finds man entrapped to patronize prostitute

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The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.

Kenneth Griesemer was convicted of Class A misdemeanor patronizing a prostitute based on his interaction with an undercover detective posing as a prostitute on Washington Street in Indianapolis. He saw her, circled back in his car and asked the detective if she needed a ride. Detective Tabatha McLemore declined, saying she was trying to make money. She asked how much money he had and then told him what she would perform for $20. She said he could pick her up down the street, where he was arrested by police. During this interaction, Griesemer simply nodded in response to McLemore’s questions.

Griesemer argued in Kenneth Griesemer v. State of Indiana, 49A04-1308-CR-382, that his conviction should be reversed because he was entrapped. The judges found he established police inducement, so the burden of proof shifted to the state to demonstrate that the conduct was not the result of police efforts or that Griesemer had a predisposition to commit the crime.

The state argued Shelton v. State, 679 N.E.2d 499, 502 (Ind. Ct. App. 1997), supports that police merely afforded Griesemer an opportunity to commit a crime, so the state may not have induced his criminal behavior. In Shelton, two brothers were charged with road hunting for stopping their vehicle on the side of the road and shooting at a deer decoy set up by police.

“We cannot, however, hold that the facts herein are analogous to those in Shelton. Detective McLemore was not merely standing on the side of the road dressed like a prostitute. She was the first to mention money, a sex act, and the possibility of exchanging the two. For Shelton to be analogous, the deer decoy would have needed a sign or recording announcing to passers-by that they were welcome to shoot at the deer for twenty dollars,” Judge Melissa May wrote. “As the deer decoy contained no such explicit invitation to commit criminal behavior, we decline the State’s invitation to follow Shelton. Detective McLemore’s question and statements were sufficient to induce Griesemer to commit patronizing a prostitute.”

The state did not present any evidence to demonstrate Griesemer was predisposed to patronizing a prostitute, so it did not rebut his defense of entrapment, the majority held.

Chief Judge Nancy Vaidik dissented, writing, “I believe that the State proved that Griesemer was predisposed to commit the offense because the State established that Griesemer was not reluctant to commit the offense.”

She did not agree with the majority’s suggestion that in order to demonstrate predisposition, the state needed to show Griesemer has a history of patronizing prostitutes or is familiar with the jargon of the prostitution business.
 

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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