Legal Corner

How can it possibly be 20 years?
maxwell44 23 Reviews 658 reads
posted

Can you cite the statute they are using that would get somebody 20 years in prison for giving a hand job?

I find this to be extremely hard to believe, because offenses like second degree murder have a 10.5 year prison term in Arizona.  How is it even possible that a hand job would get someone 20 years?  Did anybody die after getting that hand job?

Even if these people were convicted of 10 different crimes, their sentence would run concurrent, not consecutive.  In other words, if someone was convicted of 8 different felonies arising out of the same offense that each have a 1 year prison term, they would still get 1 year in prison, because they would serve all their sentences at the same time.  

Then there is the matter of whether it is a violent or non-violent felony.  I assume a hand job is a non-violent felony for the sake of this discussion.  Unless of course the MP girls brutally beat up their customers and then forced them to accept hand jobs against their will.

I just looked up the Arizona sentencing guidelines, there is no non-violent felony at all with a 20 year prison term, in fact the chart doesn't even go anywhere near that high.  The chart also says that every kind of non-violent offense is probation eligible, except for certain drug offenses which are not probation eligible.

Which leads me to conclude that you are blowing this matter completely out of proportion, and you are trying to scare the shit out of people needlessly.

DAVEPHX1236 reads

Compare Phoenix Temple vs Zumba Prostitution Case 20 DAYS vs 10-20 Years threats

Mark xxx  was convicted at trial on 12 counts of promoting prostitution and one count of conspiracy. Prosecutors sought a 1-year jail term and the defense sought 14 days in jail.

Prosecutors say they're seeking a sentence that warns that "this type of criminal enterprise is not tolerated in Maine."

According to the prosecution, xxx had a relationship with dance instructor Alexis xxx  and helped run the prostitution operation in Kennebunk. xxx received Google calendar alerts for her appointments, reviewed the financial books and recorded the encounters on video.  xxx also watched the sexual encounters live via Skype, as part of his role as Wxxxx protector, prosecutors charged.  xxx admitted having an affair with xxxx and said he helped her open her dance studio. He said he lent her money that was repaid with interest and that he didn't profit from prostitution. Prosecutors said that xxx received 20% of the revenues.

xxx is accused of bringing in more than $150,000 from prostitution during an 18-month period. She is set to stand trial in May.

He was sentenced on 3/21/2013 and the tearful pleas for leniency by himself, his wife and son were on many national TV networks.  He was sentenced to 20 DAYS in jail for his role in the large-scale prostitution operation.It attracted more than 150 clients, some prominent, in the town of about 10,000. It involved the sale of sex in a fitness studio and the filming of some of the encounters.

In this big national case he was sentenced to 20 DAYS

There are 38 defendants in the Phoenix Temple case with no direct evidence of the alleged "hand jobs" other than maybe 2.  About half  face long prison terms (10-20 years for those that didn't take a felony plea) with no evidence other than "association" with the "criminal enterprise".

This is similar to Phoenix large massage busts with felony charges. One owner committed suicide a few days before judge accepting plea deal that included long prison time.

But in the Temple case its occasionally workers not with any leadership responsibility that are being threatened with 10-20 years if they don't take a felony plea with probation, maybe 1 year and a lifetime felony record.

BTW, Tracy the leader has been deemed incompetent to participate in her defense due to her goddess beliefs.  So after 21 months at Arizona State Hospital (cost estimate $627/day to the County) she could be free, charges dropped and no criminal record vs the gals. I have always said how wise her attorney was to file a Rule 11 motion last August.    All other Rule 11's have been denied.

The State has probably spent over $1 million on the case since the SWAT raid on the Temple in 2011.

DAVEPHX826 reads

What amazes many activists in other parts of the country is the lack of organization or any local interest (other than me it seems) to try and fight while Phoenix is ground zero for the attack on consenting adult activities and now the huge costs to the county to prosecute major felony cases for massage (not only the Temple but many others) and the frequent "round ups" of private escorts etc.

One group has raised $2 million using the excuse children and trafficking but the target is mostly in private consenting adults.    Project H.O.P.E. III happens in May again so we will see who gets stung and has to choose jail or forced "rehab" from prostitution via the "hooker fair" at Bethany Church and the program by the Catholics to save you.   Then we have the joint task force FBI/Phx PD stings that happen about twice a year with Phoenix a prime focus.  Again while children and trafficking is the funding excuse most arrests are private consenting adults.  

Careful screening is meaningless for these roundups since 90%+ ads I see (not just on BP but more professional workers) are grounds for solicitation busts if they can trace a location (which isn't that hard) and arrest and give them a pink purse at the Church or take to jail.

The risk for an individual escort are low since there are so many - but believe me some very well known careful screening gals here know the experience but don't want to have people know they have been busted.

Men could care less since they have almost no risk.

1st offence if truely an indie is ony 15 days in Tent City.  Gets more serious with more arrests.

But if a gal has a driver, works incall, massage parlors - they could face 10-20 years in prison just like the Temple gals now face if they decide to go to trial.  We have 4 major massage places same situation except all pled and only a few years in prison for the leaders (one committed suicide)

We have extreme overcharging by the County Attorney Montgomery and very aggressive prosecutors even when admit no direct evidence against most.    The Zumba cases shows the dramatic difference between Arizona and other places where the leader gets 20 days vs in Phoenix low level occasional workers with no direct evidence face 10-20 years in prison.

But no one seems to care - until they face long prison terms.  

There are attorneys ready to go based on recent wins in 5th Circuit and Lawrence vs Texas on other adult issues - but no way to raise money to pay for or the right cases since almost all gals get public defenders that just want to plea.   There are some exceptions - some of the office of public defense (separate from public defenders) have written some outstanding briefs as I have reported in detail on - you know where....

In my view the public would be outraged at how much money is wasted on trivial cases (maybe a alleged hand job) on SWAT raids (also on individual escorts) and years in the Courts - huge Foresnic lab costs on zillions of computers, the prosecutors going after hand jobs cases (or escorting) vs real child abuse etc.

But no one cares, so the gals face these arrests and for some life long felon risk if incall.  I have even seen an individual gal with only her at her incall charged with running a house of prostitution etc.

Most gals have no clue about the risks - they can do things to protect selfs and good screening is not the most key issue, since it is often defeated by very well trained LE - these are not Sheriff Joes goofballs that were easy to detect many years ago.

Can you cite the statute they are using that would get somebody 20 years in prison for giving a hand job?

I find this to be extremely hard to believe, because offenses like second degree murder have a 10.5 year prison term in Arizona.  How is it even possible that a hand job would get someone 20 years?  Did anybody die after getting that hand job?

Even if these people were convicted of 10 different crimes, their sentence would run concurrent, not consecutive.  In other words, if someone was convicted of 8 different felonies arising out of the same offense that each have a 1 year prison term, they would still get 1 year in prison, because they would serve all their sentences at the same time.  

Then there is the matter of whether it is a violent or non-violent felony.  I assume a hand job is a non-violent felony for the sake of this discussion.  Unless of course the MP girls brutally beat up their customers and then forced them to accept hand jobs against their will.

I just looked up the Arizona sentencing guidelines, there is no non-violent felony at all with a 20 year prison term, in fact the chart doesn't even go anywhere near that high.  The chart also says that every kind of non-violent offense is probation eligible, except for certain drug offenses which are not probation eligible.

Which leads me to conclude that you are blowing this matter completely out of proportion, and you are trying to scare the shit out of people needlessly.

DAVEPHX651 reads

The threat being used by the prosecutor is due to layering on of charges and have filed notice that each charge is for a separate crime not at the same time.   A new indictment is being sought that in addition to association with a criminal enterprise, existing conspiracy and money laundering charges, additional charges now being sought for those that didn't take pleas.

Every time there is a record of money turned in for an appointment it is an additional money laundering.   They layering also makes probation not available due to multiple offenses - each separate not part of the same crime as the prosecutor has filed notice she is doing..

Non violent has nothing to do with it.  It is the sentencing guidelines that work against the defendants even if the judge thinks is overboard when you have so many separate charges.

The 10-20 years is what the prosecutor is threatening if they don't take a felony plea.  This would assume not concurrent.  And this is even for short term lower level gals that only may have worked a few weeks.  There is little evidence of any actual handjobs.  It is all association with a criminal enterprise, mostly based on media statements (self admissions) of a few leaders about their religious right to "sacred sexuality."  So any one associated is guilty in the eyes of the State.

It is outrageous.  This is how in the busy bodies etc massage cases everyone took a plea even for prison rather than face the layering on if found guilty at trial.  

DAVEPHX555 reads

Also note each money laundering and conspiracy is a Felony 3 and since also criminal enterprise each charge is higher AGGRAVATED OFFENSES.  Pile these on and you easily get 10-20 years of consecutive.

No, I doubt if to to trial this would be the result but its scaring many into taking pleas.  Many are on verge of emotional breakdown over these decisions and one already died from the stress (Tamara).

About half of the 38 have taken pleas mostly for felonies with 12-18 months probation but a lifetime felon record.  Just try and get any normal decent job as a convicted felon.

Some have agreed to testify against others in exchange for an "undesignated" felony which after probation may be converted to a misdemeanor.  But they can't even start their probation period until trials or all plead since this holds them to their testify against others agreements.  

A couple lucky ones got misdemeanors - mostly with good private attorneys.

Some Office of Public Defenders -  (separate from usual public defenders) have written some very good briefs and there are defenses (legal presence, no intent etc) Other attorney's just want them to take pleas.  Since its a complex case etc the public defense attorneys are actually regular private lawyers that as part of the AZ bar have to agree to provide on a random selection basis representation to those that can not afford a fully paid for regular private attorney.

I have read all the briefs and attended all the hearings - next one this week. And since the defendants have no contact orders with each other I have been the prime source of info.  I have over 400 pages or reports to them (and many others interested including various lawyers watching the case) since the SWAT raid in 2011.

DAVEPHX562 reads

The judge has to follow truth in sentencing.  One just got 5 class 3 felonies for money laundering added to one previously.  Min is 3.5 years per count and its aggravated.

...that decides the length of the sentence.  The threat of a lengthy prison term is the cudgel the prosecutor uses to get a plea.  The prosecution can't and doesn't want to try all those cases, especially knowing judges won't impose lengthy sentences.

DAVEPHX608 reads

Judge has little discretion under Arizona Sentencing Guidelines

In court today initial arraignment on 117 Count third indictment.

Basically added 6 month laundering felonies to each defendants prior charges each with 6.5 year presumptive sentance added to prior charges. State will argue criminal enterprise aggravation so up to 16.5 years on each change just on new indictment.

One gal tearfully took a plea as she had been told could get 30 years if went to trial and took plea for up to 1 year and $150,000 fine.   She mentioned her lawyer pointed out that the jury can not be told the potential sentence.  Jury may be shocked to know how long in prison could serve but can not be told.

Before the judge the fact she admitted to - answering the phones at times for a criminal enterprise (Phoenix Goddess Temple with almost no direct evidence other than maybe hand releases were given sometimes for the donation)

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