Kentucky teen Savannah Dietrich spared contempt charge after naming attackers on Twitter
AP Graphics
(AP) LOUISVILLE, Ky. - A Kentucky teenager frustrated by light punishment for two boys who pleaded guilty to sexually assaulting her was spared Monday from having to face a contempt charge for naming them on Twitter in violation of a court order.
The case of Savannah Dietrich, 17, quickly gathered supporters nationwide who were upset that the victim of an assault could be punished for speaking out against her attackers.
The girl turned to Twitter after she said she was frustrated with what she felt was a lenient plea deal. The judge had ordered no one to speak about the case, which was in juvenile court.
On Monday, attorneys for the boys dropped their motion to charge her with contempt. David Mejia, an attorney for one of the boys, said the decision to withdraw the motion had nothing to do with public sentiment and online attention to the case.
He said the purpose of the motion had been to enforce the law that protects juveniles and their actions from disclosure.
"The horse is out of the barn," he said. "Nothing is bringing it back."
The Associated Press does not generally identify victims of sexual assault, but Dietrich and her parents wanted her story to be made public. She gave her account to The Courier-Journal newspaper in a story published Saturday. She has not responded to the AP for comment and her lawyer, Emily Farrar-Crockett of the public defender's juvenile division, did not immediately return telephone calls.
Jeff Dion, deputy executive director of the National Center for Victims of Crime, said victims who feel cheated by the justice system sometimes file civil lawsuits in an effort to get information in the public, but social media has turned that on its head.
"It's all about giving victims a voice," Dion said.
In one day, an online petition on Change.org had garnered 62,000 signatures in support of Dietrich's action.
"When I read it, I was appalled and outraged and thought, `Somebody has to do something about this. Who is going to do something about this?"' said Elizabeth Beier, 22, of Cockeysville, Md., who started the petition even though she doesn't know Deitrich. "Everyone wants this girl to have peace and time to recover and not another trauma like jail time."
Beier said the two women have not spoken, but she congratulated her.
"I think what she did was very brave by coming forward ... and I think a lot of people who may have been victims or survivors of assault and didn't get the justice they deserve probably see themselves in her," she said.
Terry O'Neill, president of the National Organization for Women, said the motion to withdraw the contempt of court charge was "a huge victory not only for Ms. Dietrich, but for women all over the country."
Deitrich told The Courier-Journal that after the sexual assault, the boys posted photos of the attack on the Internet.
"These boys shared the picture of her being raped with their friends and she can't share their names with her Twitter community? That's just crazy," O'Neill said.
The Courier-Journal reported that the boys were charged with first-degree sexual abuse, a felony, and misdemeanor voyeurism, according to information in a court motion the newspaper filed asking Judge Dee McDonald to allow the paper to see motions filed by attorneys for Dietrich.
The teens pleaded guilty to those charges in late June, though Dietrich and her family told the newspaper they were unaware of the plea bargain and recommended sentence until just before it was announced in court. The attack occurred in August 2011.
Dion said the Kentucky law on gag orders in juvenile cases presupposes that information revealed came from reading the court record. In Dietrich's case, he noted, she was the victim, and she had independent knowledge of the crime.
"And I think a restriction or gag order on a victim creates some First Amendment issues," Dion said.
He added that prosecuting a victim "sends a terrible message."
"We created victims' rights out of a recognition that we need victims to come forward in order for our justice system to work," he said. "Really, what do they get for that?"
Chris Klein, an attorney for one of the boys, said publicizing their names may create problems for them in the future.
"There's always that possibility and in any type of scenario like this you run that risk," he said. "Now whether both these boys can overcome those hurdles, it's too early to determine that."
Klein said it's possible, but unlikely, that prosecutors would make the same contempt charge against Dietrich. Both sides will still be bound by the confidentiality of the juvenile court proceedings.
"I think her behavior will dictate whether it's the end of it or not," Klein said. "If all the parties abide by the confidentiality of juvenile court, then I think that's the end of it."
Bill Patteson, a spokesman for the Jefferson County Attorney's office, said he could not comment because of the confidentiality on juvenile cases.
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reported July 26, 2012.
She passed out topless after a throwing up violently from alcohol poisoning ....they only took pictures. The boys plead guilty to sexual assault because it has fewer repercussions than child pornography charges. Thus why the DA accepted the plea, in cases of "rape" plea bargains are very rare because evidence so incriminating can support the crime.
It was only when she heard about the pictures MONTHS later and decided to take legal actions. The Courier Journal, who originally published the story, is facing a lawsuit for publishing false allegations because Dietrich used the words "rapists" and such when interviewed. She was not raped and the media now is painting the boys charged as rapists.
AFTER SAVANAGH BEGAN A WILD INTERNET WITCHHUNT CAMPAIGN ASKING FOR VIGILANTE JUSTICE FOR "RAPISTS THAT GOT AWAY": http://imgur.com/owQzy
Well Chris, it doesn't much matter what she does at this point because thanks to attempts to browbeat intimidate and silence this couragous young woman the names of the two individuals are now all over the web and will be for the foreseeable future if not eternity. She doesn't have to say another word, although the 1st amendment (remember that from law school Chris) gives her the right to scream their names and home addresses from the rooftops if she chooses.
Awwww the poor little sexual predators. If convicted, they should be executed. Yeah, executed. We don't need 2 more sexual predators to establish long and prolific careers. We have enough of these subhuman pieces of garbage as it is. If she didn't she should have not only named them but posted their home addresses and phone numbers. Maybe this scum bag lawyers needs his home address posted.
Rapist #1: AUSTIN ZEHNDER, SON OF RON AND SUSAN ZEHNDER, 6803 HUNTERS RUN PL, PROSPECT, KY
Rapist #2: WILL FREY, III, SON OF WILLIAM (BILL) AND WANDA FREY, 309 CORALBERRY RD, LOUISVILLE, KY
They both play for the Bluegrass Bats Lacrosse Team http://www.bluegrassbats.coms Look at the "donor" page. One financial supporter of the team is the Kentucky Department of Juvenile Justice. Go to the DJJ webpage and see that one of the people responsible for distributing State grants (money!) is Laura McCoun McCauley, whose son Ryan McCauley is a defenseman and Trinity HS student with the rapists. So if DJJ financially supports the team, and they are tied to the juvenile court system in KY, does something stink about how the judge has silenced the raped girl and quietly plea bargined a light deal?
david@dmejialaw.com
please email him: david@dmejialaw.com
THIS IS HOW IT REALLY HAPPENED:
She passed out topless after a throwing up violently from alcohol poisoning ....they only took pictures. The boys plead guilty to sexual assault because it has fewer repercussions than child pornography charges. Thus why the DA accepted the plea, in cases of "rape" plea bargains are very rare because evidence so incriminating can support the crime.
It was only when she heard about the pictures MONTHS later and decided to take legal actions. The Courier Journal, who originally published the story, is facing a lawsuit for publishing false allegations because Dietrich used the words "rapists" and such when interviewed. She was not raped and the media now is painting the boys charged as rapists.
THE PROBLEM IS - NOW SAVANAGH BEGAN A WILD INTERNET WITCHHUNT CAMPAIGN ASKING FOR
VIGILANTE JUSTICE FOR "RAPISTS THAT GOT AWAY": http://imgur.com/owQzy
SHE EVEN PUBLISHED PHONE NUMBERS AND ADRESSESS OF ALLEGED "RAPISTS":
http://*********.tumblr.com/post/28936550431
Savannah Dietrich cauzed unspeakable injustice to these boys!
Spread the word about this false rape accusation!
reported July 26, 2012.
She passed out topless after a throwing up violently from alcohol poisoning ....they only took pictures. The boys plead guilty to sexual assault because it has fewer repercussions than child pornography charges. Thus why the DA accepted the plea, in cases of "rape" plea bargains are very rare because evidence so incriminating can support the crime.
It was only when she heard about the pictures MONTHS later and decided to take legal actions. The Courier Journal, who originally published the story, is facing a lawsuit for publishing false allegations because Dietrich used the words "rapists" and such when interviewed. She was not raped and the media now is painting the boys charged as rapists.
AFTER SAVANAGH BEGAN A WILD INTERNET WITCHHUNT CAMPAIGN ASKING FOR VIGILANTE JUSTICE FOR "RAPISTS THAT GOT AWAY": http://imgur.com/owQzy