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Prosecution raises awareness of human trafficking

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When it comes to human trafficking, most people who are unfamiliar with the crime visualize one person holding another hostage and giving them limited contact with the rest of the world. Some envision a basement in a dungeon-like setting with chains or other restraining devices, say advocates for victims of human trafficking.

The reality, they say, is far more commonplace. In many cases, the victims are able to leave to run errands or meet with others, but considering the psychological and emotional torture – not to mention possible debts to their oppressors – they don’t end up leaving on their own.

One case in point is the Jan. 25 conviction of Chris Smiley on human trafficking charges by a jury in Marion County. On Feb. 9, Smiley was sentenced to 10 years.
 

IL_Human_Traffick04-15col Marion County Deputy Prosecutor Mary Hutchison has worked on human trafficking cases for a few years. She was the prosecutor on the first conviction for human trafficking in Marion County. (IL Photo/ Perry Reichanadter)

While this is not the first known case of human trafficking in Marion County or Indiana, it is the first time a case has gone to trial in Marion County. And it is among the first, if not the first, in the state, said Marion County Deputy Prosecutor Mary Hutchison. She and Marion County Deputy Prosecutor Jody Hilger have worked on cases involving victims of human trafficking, and they represented the victim in this case.

In previous Marion County cases that involved human trafficking, either the defendant(s) fled the country, the victim(s) chose not to be witnesses, or the defendant(s) agreed to a plea to other charges that carried the same weight as the human trafficking charge.

This Marion County human trafficking case involved a woman – a U.S. citizen and Indianapolis resident – who was forced into prostitution as a result of someone else’s drug debt, an all-too-common scenario, Hutchison and Hilger said.

In addition to the human trafficking sentence, Smiley was sentenced to four years on a battery conviction, four years on an intimidation conviction, and 545 days on a strangulation conviction. The sentences will run concurrently. He will also serve five years on a possession of cocaine conviction that will run consecutively.

In this particular case, Hutchison said, the victim, B.A., worked in a strip club and was forced into prostitution to pay off the drug debt. In actuality, she earned more than the original debt. The money she earned covered expenses for her, Smiley, and four others.

B.A.’s name will remain confidential in accordance with the Indiana human trafficking statute that went into effect July 1, 2007, I.C. 35-42-3.5-4.

B.A.’s ordeal began in February 2010. She was 19 years old and Smiley was a friend of a friend. She had been missing for three or four weeks before it was reported to police, also fairly common in these kinds of cases.

There are a number of reasons why victims like B.A. aren’t reported as missing immediately, Hutchison said. Typically, the family prefers not to get involved with police or they assume the missing person is OK.

B.A. and the other women in her group were found by police March 19, 2010, and Smiley was charged in July 2010. Start to finish, B.A.’s ordeal lasted about one year.

B.A. was located when a 17-year-old, who was in charge of setting up B.A. with clients, used the cell phone to call her mom and tell her she had been raped. Based on that call, the police found B.A. and the others the next day in a hotel room on the eastside of Indianapolis where they had been staying. B.A. was found hiding in the bathtub, where she was told to stay by the others in the group.

Hutchison said Smiley moved B.A. and the others from hotel to hotel. Hotel records helped in the prosecution of the case. Moving around a lot is also fairly common for trafficking cases, she added.

Much of the time, trafficking involves victims staying in hotels, which is another way of isolating them, Hilger said. To help combat that, Hilger, Hutchison, and a statewide taskforce of law enforcement officers, lawyers, and service providers are working together to provide resources that will help hotel personnel recognize warning signs. In this case, a hotel employee noticed the victim had a black eye but didn’t recognize any other circumstances as unusual.


kuzma-abigail-mug Kuzma

Abigail Lawlis Kuzma, a member of the taskforce and director and chief counsel of the Consumer Protection Division of the Indiana Attorney General’s Office, first came in contact with human trafficking victims when she was executive director of the Neighborhood Christian Legal Clinic.

She and others are working on training detectives and police officers to recognize trafficking cases. There is a sense of urgency because many involved in preventing human trafficking are concerned that when the Super Bowl comes to Indianapolis in 2012, there will be an increase in the number of detected and undetected trafficking incidents. The taskforce plans to work with individuals and businesses in Indianapolis who may have contact with those who are here for the event, as well as possible victims, to ramp up awareness, recognize warning signs, and know who to call for help.

“Getting the word out is critical. The victims themselves are like domestic violence victims. They are always isolated. If they are immigrants, they often have language barriers and physical barriers that make them isolated. They don’t ask for help. We have to find them. That’s a huge challenge,” Kuzma said.

Hutchison said it is also important for lawyers to be aware because if they have a client who’s a victim, they can alert the prosecutor to check out the situation.

After she was found, B.A. received counseling. She worked closely with the deputy prosecutors and the detective. Hilger and Hutchison told her that she would only need to address Smiley once, to identify him, and the rest of the time she would be addressing the jury.

“During the trial process, the dynamic of power is flipped in favor of the victim,” Hilger said.

After she learned Smiley was convicted, B.A. called Hutchison. “This means they listened. They listened to me and believed me,” B.A. told her.

To report an incident of suspected human trafficking, call 911 if there is an immediate danger, or contact the Indianapolis Trafficked Persons Assistance Program 24-hour hotline at (800) 928-6403.•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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