Legal Corner

Kennebunk arrests
linebacker13 7 Reviews 3889 reads
posted

In light of the recent arrests in Kennebunk, ME, are there any lawyers on the board that can explain what is happening to the men that are summoned to appear?  Were they questioned first or are the cops just summoning the men from the client list?  Since there was video tape on these men what other grounds are necessary to convict?  Thank you!

bphunter1774 reads

According to Maine law - “Engages a prostitute” means providing or agreeing to provide, either to the person whose prostitution is sought or to a 3rd person, pecuniary benefit in return for a sexual act or sexual contact. This the “john”.

Unless the video has someone handing her cash, they should STFU and make the state prove someone gave her cash for pussy. But, there will always be some pussies that talk and in the end the only real convictions will be for the woman and her partner.

The actual penalty for hiring a prostitute is most likely a cash fine and a suspended sentence.  The list of names being released is really all about LE trying to attack the prostitution issue from the buyer's side-through public humiliation.

The beginning off the end for Boston's "Combat Zone" fifteen or twenty years ago was "Operation Squeeze Play".  Johns were busted and their names printed in the Boston Globe a day or so later when they appeared in court.  Convicted or not the publicity was the deterrent and the number of men cruising for hookers dwindled rapidly after that.  The whole concept of releasing client lists is much more about creating publicity and fear than it is about actual convictions.

I agree.  In the court of public opinion, these men have already been found gulity and their lives changed forever.

Posted By: Bostonguy57
The actual penalty for hiring a prostitute is most likely a cash fine and a suspended sentence.  The list of names being released is really all about LE trying to attack the prostitution issue from the buyer's side-through public humiliation.

The beginning off the end for Boston's "Combat Zone" fifteen or twenty years ago was "Operation Squeeze Play".  Johns were busted and their names printed in the Boston Globe a day or so later when they appeared in court.  Convicted or not the publicity was the deterrent and the number of men cruising for hookers dwindled rapidly after that.  The whole concept of releasing client lists is much more about creating publicity and fear than it is about actual convictions.

i could have used one of those Zumba massages myself..she was hot..

Posted By: linebacker13
In light of the recent arrests in Kennebunk, ME, are there any lawyers on the board that can explain what is happening to the men that are summoned to appear?  Were they questioned first or are the cops just summoning the men from the client list?  Since there was video tape on these men what other grounds are necessary to convict?  Thank you!

$300 misdemeanor fine.
 
It's unclear but it appears the men are being summoned...  for some sort of prelim hearing.  If they refuse to testify...  Is there a case against them?  

There's her records...  but she likely won't testify.  
There's possibly her video.  It has been reported that for video evidence to be admitted, one party who was present must testify to confirm what was going on.  Presumeably she won't testify to this either.  
Some of the video was for sale as PORN.  Without model releases & records showing the production in a location where legal...  this could be a problem.
In the end, the income tax, public assistance charges may be easiest to prove.

I'm unclear whether this would be a Grand Jury case.  Would the clients be granted immunity in exchange for their testimony?  

The defense has made statements that the prosecution doesn't have their case together yet...   Surely they can break just a few of the clients...  to testify...  

I hope all the men get good legal council so they don't shoot themselves in the foot while throwing Ms Zuma under the bus.
HV

So_Ca_Dreaming1572 reads

that they released their names before the verdict. What happened if someone is proven innocent and have their life destroyed? What happens to innocent until proven guilty?

is not typical legal action.  In a traffic type 'summons' the Police issuing the summons is the same as 'charging' with that traffic offense.  So is that the case?  Are these clients actually being charged?  If so 5th admendment & lawyer up.

"Kennebunk police re-issued the names with the added details, including addresses. All of the men have been charged with engaging a prostitute."   According to the MSNBC link in Mr F's post.  

My prediction is there will be some plea bargains, clients will admit guilt in order to get them to testify against her & secure her conviction...  and her business partner.

powderpuff1616 reads

In this case it would appear the summons is just like a arrest. ALL arrests are part of the bi-weekly police log published by local news papers in Kennebunk area.

The  engaging a prostitute charge is a low level misdemeanor that purposely carries no jail time(by statute) and is normally a $200 fine for first offense.

A plea bargain is normally not necessary since you could just enter a guilty plea and pay your fine. The press has made the situation such that a John will want to clear his name. So many may actually go to court.

The basis for charging the men on the list is a combination of clear financial records combined with video recording and or voice confirmation of an exchange of cash for sex.

I believe that there was a great deal of concern about charging everyone on the list. I think the prosecution has been forced into an all or none position. There is a very vocal group demanding full disclosure since there is a rumor of possible LE involvement with the defendant.


 

Posted By: harbor_view
"Kennebunk police re-issued the names with the added details, including addresses. All of the men have been charged with engaging a prostitute."   According to the MSNBC link in Mr F's post.  

My prediction is there will be some plea bargains, clients will admit guilt in order to get them to testify against her & secure her conviction...  and her business partner.  

From what I understand, from reading the local papers, the men have been summoned to appear in court, because the provider kept a detailed client list and videos were made during the act of having sex.  As far as I'm concerned, the damage has been done and these men have been found guilty in the court of public opinion.   It no longer matters if the court finds them innocent or not.   I also believe the purpose of this parade of names is to intimidate many of the men to turn state witness.

Posted By: harbor_view
"Kennebunk police re-issued the names with the added details, including addresses. All of the men have been charged with engaging a prostitute."   According to the MSNBC link in Mr F's post.  

My prediction is there will be some plea bargains, clients will admit guilt in order to get them to testify against her & secure her conviction...  and her business partner.  

they should be inadmissible.  In order to be admissible, reports are that (under Maine law) one of the persons present (presumeably on the video) would have to testify as to what transpired.  The Provider probably will take the 5th...  Why would a client confirm the activity?  It would convict her of invasion of privacy...  convict him of engaging a prostitute.  
Are her detailed records, uncorroborated by testimony, enough to convict a client.  Presume paid in cash, no paper trail.  Cell phone records...

powderpuff1453 reads

I have been following the story and you can see how the mess unfolded so sensationally....
All of the below has led to an expectation of a FULL PRESS PROSECUTION by the public. This is why the Johns are being summoned. Guilt/innocence  is not relevant.

On Dec 22, 2011 police successfully arranged a p4p meeting by phone with a suspect advertising sensual massage at a location in Kennebunk. The address given to police matched the defendants Zumba studio and the pictures in the advertisement matched the appearance of the defendant.

On Feb 14 police went into the Zumba studio with a warrant and removed computers, cameras and misc other items. Police went across the street and entered her consulting office removed more stuff and interviewed a potential "John" that happened to have an appointment.
Then they did a search of her home and removed more electronics, business records, video tape, etc.
This happened on Main Street and was witnessed by many people. Rumors about the Zumba girl were already flying before the warrants were served.
An online blog , http://alexiswrightzumbateacherpornstar.blogspot.com was posted in Aug 2010.
LE had been investigating since Nov 2011.

After the Zumba studio raid, absolutely nothing appeared in the police log press release that is published every other week.
By the end of February rumors of a conspiracy started flying and the entire town was abuzz.

Local news sources request for information to the police were denied. A judge later sealed all documents for 90 days and then resealed them for an additional 90days.  Most of the evidence is still sealed.

Zumba girl had 267+ short x-rated videos on assorted websites under the screen names kikicu, lexie and lexielove. The videos contained all sorts of self pleasure, M/F, F/F, gangbang, watersport, greek, and at least 4 included a dog! Many videos were shot in the Zumba studio and contained easily identifiable surroundings.
In the videos I saw, I could not see the faces of her clients.
Zumba Girl had a “VistaPrint” website named sensualbodybylydia.com A massage business that listed her rates - $300/hr. She was advertising on Backpage with a face picture. She was reviewed on TER, ID 186002. She had a thread dedicated to her on the now-defunct website that reviewed Craig’s List girls. She had “Sensual Massage by Lydia” listed on b2b and white pages with a matching phone number and address.

11/1/2011 A client that posts here, recognized himself in a video and posted on another site to beware of hidden cameras!!!!
2/2012 A post appeared on a blog that alleged extortion of a John by the masseuse named “Lydia”

The evidence collected at the Zumba raid led the detectives to a P.I./Insurance salesman/ Amateur photographer.
They raided his place....he had plenty of time to dump everything (3 months) and yet.....the cops collected terabytes of related data from his computers.
He left a modeling website up that has pictures that he took of her from 2007! This effectively nullified his claim that they first met when he was engaged by her in 2010 to investigate police harassment.

LE finally charged him in July with ONE count of promoting prostitution.

It was disclosed that the P.I. used his connection as an insurance agency to “run license plates” to positively identify her clients.
Upon completing her client meetings she would forward the video recording to the P.I./Insurance guy.
The reason for his having a copy of the videos is unclear as is her reason for recording the sessions at all. She was either preparing an elaborate extortion scheme or shared a fetish with him for porn, or possibly it was her idea of ensuring her safety.
Additionally she recorded many of her Skype conversations about the shared business interest with the P.I.  AND there is video of sex between the co-defendants.

*The case was moved from a local court to a State court. The first judge appointed by the State recused herself from the case without a clear reason.
*Locals in Kennebunk have claimed that LE has in the past cow-toed to the rich and powerful.
*Kennebunk PD has had a history of impropriety and or a good ole-boy club type of attitude.
*The defendant acted as if she felt "protected" from prosecution.
*The list contains CLIENT names, addresses, phone numbers, biographic information in addition to the personal sexual tastes, acts performed and price paid for the acts.
*More than 100 hours of video, 8+ Terabytes of electronic data, cell phone records, and more than 150 names were collected(the list).
*At the time of the raid, Live websites that contained current information apparently posted by the defendant(s), and reviews that accurately described the defendant and her actions were available. *hidden cameras were found.

Quote from on of her BP advertisements dated 2/6/2012:
“I am currently seeking an upscale clientele to provide services
for in my new office. I offer a comfortable environment and
your discretion is incredibly important to me. Please call, text
or email to schedule. (207)200-4133 or lydialove25@gmail.
com Serious inquiries only please. See my website for more
details and pricing. www.sensualbodybylydia.com”




-- Modified on 10/21/2012 8:05:51 AM

One Lawyer is presenting the legal argument that his client is a victim of a crime and therefore should be protected:

“There's a specific statute, 17-A MRSA section 1176, that specifies that the state must (not can or will) keep the names of victims confidential. And obviously they violated that state statute,” he said of police. “We're waiting to be heard on that right now.”

http://www.seacoastonline.com/articles/20121023-NEWS-121029914

I tent to agree, but may be biased...

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