Friday, July 18, 2008

Comment: Attorney Cusumano on Pro Bono Work

Everytime I leave Alycia she says "thank you." After a hearing in the 37th District Court, Warren, Michigan she thanked my wife, Julianne, and me as Alycia and two of our five children ate lunch together. Alycia said, "if it wasn't for you two, I would still be in that hotel room." I thank her, and God, for allowing me to represent her. It is an honor, and I think I did some good with a law license which rarely sees the light of day for the last decade. Observers think this case is about legal issues. I commented to a close police officer friend that I can write a legal brief, but the real challenge is to help Alycia solve the problems which young women like Alycia face daily. One of my first conversations with Alycia highlighted the problem. "I have a roof over my head, and food in my stomach," she said. This was the life fraction, basic sustenance. Alycia had run away from the "game" only to spend the night outdoors in freezing weather. She went back and resigned herself to do what she was told. There is simply nothing available to help these young people (women and men) trapped in a similiar endless cycle, of homelessness, with no support from family, brushes with the law, and finally fear. Fear of evil handlers. Fear of the johns. Fear of the police. Surrounded by false friends and false pride. As the economy continues to collapse in Southeastern Michigan, the ranks of these lost souls continue to increase. If nothing else, keep them in your prayers.

Helping Alycia has taken some money to purchase essentials such as clothes and food. There are also miscellaneous fees for the Secretary of State to empower Alycia away from dependency. But, bottom line, without some money Alycia can't break this cycle. A person needs a driver's license to and from a job. I am thankful for the kind heart and generosity of my wife, Julianne who has reached out to Alycia. Julianne has attended every hearing and sits in support of Alycia. Alycia wears a silver bracelet which was a gift from my wife. It is engraved with: "Ask. Believe. Receive." Through everything, Alycia has never taken it off. When Alycia turned 21, the only presents she received was from my wife. People ask my wife and I whether the time and energy is worth it. I think the pictures on this blog answer that question. Frank Cusumano, Jr.
Excerpted from pleading filed in People v. Martin, Case 080001038 OM, 52-4 District Court, Troy, Michigan
Alycia Martin was charged with the crime of prostitution. A 90 days misdemeanor is a crime, and City Attorney for Troy attempts to minimize it’s significance and effect. For most common everyday people a criminal conviction and incarceration for even a short period result is severe and dire consequences. Most ordinary working people lose their jobs immediately. Working class people for the most part have little money saved, eviction from rented properties, automobile repossession, and family trauma follow quickly. Most are forced to plead guilty or face these unimaginable losses.

The implication that Alycia Martin has little or nothing, and therefore should not be afforded a credible vigorous defense (and the means by which to assert such defenses) further underscores the perceived disparity between the monied haves and the have nots when it comes to the law in the perception of the general populace. Legally certain jobs may never be available to the convicted person. The crime Defendant is charged with is still widely considered a burden which many women never recover. A Google search of "Alycia Martin" and the variations of the word "prostitute" and "prostitution" returned 423,000 hits as of May 22, 2008. This 20 years old young woman deserves a chance to test this case and, at least in the eyes of the law, clear herself if the charges where doubtful, unfounded or obtained by police conduct outside the bounds of legally acceptable law enforcement.

This is her right and this is each member of the bar’s responsibility involved in this case to see that she is allowed to fully exercise that right should she so choose. Defendant’s counsel is keenly aware that this case should reflect the highest standards, in order to make clear that, in a Court of Law in this State, all parties are treated fairly and equally, irrespective of limited financial means or perceived wealth and political power.

Confessed Crimes by Thomas Athans - No Charges


THE USERS
"No business can afford to create a product for which there are no buyers. The first step in understanding the sex industry is to understand the customers, the johns.

Real sexual relationships are not hard to find. There are plenty of adults of both sexes who are willing to have sex if someone treats them well, and asks. But there lies the problem. Some people do not want an equal, sharing relationship. They do not want to be nice. They do not want to ask. They like the power involved in buying a human being who can be made to do almost anything.

The business of prostitution and pornography is the use of real human beings to support the fantasies of others. Anyone working in prostitution who tells a john too much about who they really are, interferes with the fantasy. They risk losing a customer, and may get a beating as well. In real relationships with real people, you are stuck with the limitations of who you are, who your partner is, and what you can do together without hurting each other.
Some people do not want real relationships, or feel entitled to something beyond the real relationships they have. They want to play "super stud and sex slave" or whatever, inside their own heads. If they need to support their fantasies with pictures, videotapes, or real people to abuse, the sex trade is ready to supply them.
For a price, they can be "a legend in their own minds."

The most common type of prostitution customer is the user. He is quite self-centered, and simply wants what he considers to be his needs met. The user would deny any intent to harm anyone, and might even claim some empathy for the sex workers he uses. However, his empathy does not extend to discontinuing his using behavior, nor to helping anyone escape from the sex industry. He does not care whether the person he is using is unwilling or unusually vulnerable. He simply feels entitled to whatever he wants, whenever he wants it. If someone is hurt, that is not his problem. He feels that the fee he pays covers any damages.
He sees himself as a respectable person, and works to protect that appearance. Users provide a large, safe, and steady income for the pimps and other "businessmen," of the sex industry. "

(excerpt with permission from How Prostitution Works, By Joseph Parker, Clinical DirectorThe Lola Greene Baldwin Foundation) http://www.prostitutionrecovery.org/how_prostitution_works.html

Many find the double standard applied in this case to be controversial and highly offensive to common perceptions of law enforcement and justice. Even if one were to blindly accept the contention of the Troy Police that charging an alleged prostitute while releasing the alleged john "scot free" is a legitimate law enforcement technique (which is not followed by any other neighboring jurisdictions) the "smoking gun" which should raise eyebrows and hints at the true motive behind the kid glove treatment of Athans, Senator Stabenow's spouse, is revealed by the Troy Police allowing him to drive away on a suspended license on February 26, 2008, after the stop on Northbound I-75. Any other citizen would have, at least, had the automobile impounded and been ticketed. Athans is never handcuffed or made uncomfortable.

The Troy police involved in this investigation take Athans' confession, then during one of the many relaxed and congenial moments of familiarity and levity in the patrol car, share a laugh on the length of time it allegedly took Athans (according to Athans) to copulate. Athans: "the whole thing took fifteen minutes." Police: "Yeah, we timed it." [Laughter]
In a final gesture of respect, and concern, one of the officers escorts and helps Athans back to his automobile (it was icy out). After some more friendly conversation/gestures, and in a final act of fealty, the officer actually shakes Athans' hand. Athans then gets into his Cadillac Deville and drives away. Investigation reveals that Athans did not clear his suspended license for another 14 days, and if he drove, continued to do so on the suspension.

Several hours later Alycia Martin was arrested at the room where Athans alleged he had committed his crimes, and was handcuffed tightly and transported back to the Troy Police Department. At the station, Ms. Martin visibly winces in pain as her arms, with hands still cuffed, are forced upward as she is searched, processed and booked at the Troy Police Department. Alycia does not cry because she is has convinced herself she is "tough."
THE VIDEO VIGILANTE - TIME FOR ONE IN SE MICHIGAN?
In Oaklahoma City one citizen fed up with lack enforcement and the soft treatment of Johns by local law enforcement took matters into his own hands. The "Video Vigilante" has become somewhat of a celebrity in his own right, with appearances on national talk shows, a web site, and multiple posts on Youtube.





In any event, below is a list of the crimes the Senator's husband allegedly confessed to committing to the Troy Police Officers in the witness statement and orally on February 26, 2008. Athans was not arrested by the police, nor has the City Attorney of Troy, Oakland County Prosecutor's Office or the State Attorney General, in their discretion, chosen to charge him.

State of Michigan Laws

MCL 750.158 Crime against nature or sodomy (Felony)
Any person who shall commit the abominable and detestable crime against nature either with mankind or with any animal shall be guilty of a felony, punishable by imprisonment in the state prison not more than 15 years, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life.

MCL 750.167 “Disorderly person” (Misdemeanor)
(1) A person is a disorderly person if the person is any of the following:
(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.
(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

MCL 750.448 Soliciting, accosting, or inviting to commit prostitution or immoral act; crime;
A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act, is guilty of a crime punishable as provided in section 451.
MCL 750.449a Engaging services for purposes of prostitution, lewdness, or assignation, offer to engage, penalty; (penalty provisions found at MCL 750.451)
Any male person who engages or offers to engage the services of a female person, not his wife, for the purpose of prostitution, lewdness or assignation, by the payment in money or other forms of consideration, is guilty of a misdemeanor.

Penalties

MCL 750.451 Violation of §§ 750.448, 750.449, 750.449a, 750.450, or 750.462; prior convictions; penalty; definition.
(1) Except as otherwise provided in this section, a person convicted of violating section 448, 449, 449a, 450, or 462 is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

Troy City Ordinance Violations

98.03.11 Frequent Place of Illegal Business.
No person shall knowingly attend, frequent, operate or be an occupant or resident of any place where any illegal business or occupation is permitted or conducted by the owner or occupant of the premises. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.03.12 Solicit Illegal Acts.
No person shall solicit or accost any person for the purpose of inducing the commission of any illegal or immoral act. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.03.10 Transport to Place of Illegal Acts.
No person shall knowingly transport any person to a place where prostitution or gambling is practiced, encouraged, or allowed for the purpose of enabling a person to engage in gambling, prostitution, or any illegal or immoral act. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500,or both.

NOTE: Alycia Martin confessed to nothing, yet is routinely portrayed as a "prostitute." This allegation has never been proven in a Court of Law and in fact she has never been identified by Athans as the woman he allegedly had committed his extra-marital sex act. Athans, on the other hand, openly confessed, yet is never referenced as a criminal. In an Orwellian - Kafkesque twist Athans is portrayed as a victim of an "evil" woman.

Of course, Athans is presumed innocent, even with his written confession, until guilt is proven in a Court of Law. Given his political status, and the position of his spouse, it appears Athans will never be charged with anything in a Court of Law. Alycia Martin was not afforded the presumption of innocence by the press, but willingly affirms it for Athans.

Witness Local and National Headline: "Hooker Causes Heartache to Senator Stabenow, " and "Accused Hooker pleads Guilty." Even to date Martin is described in derogatory terms, while Athans is never referenced as "accused john" or criminal in any manner. http://www.dailytribune.com/stories/062008/loc_localn02.shtml

Post Plea Comment by Attorney Cusumano

Grief of the Survivor of Prostitution.
excerpt from "Prostitution-induced Changes in Emotion: the Dance of Rage and Grief," by Joseph Parker, Clinical Director The Lola Greene Baldwin Foundation

"It is easy to forget that, while all these bad things are going on, a whole range of normal and good things are not.

Prostituted people pass through the same world everyone else does. They go to stores, pass by schools, and see people living in houses and driving cars. They are aware that, by their 20's, most people have some degree of education, a job, a house and a car, perhaps a spouse and children, a pet, or whatever portion of those things they may choose.

Most people are free of compulsive alcohol and drug use, are free to go wherever they want without the permission of the criminal justice system, and are allowed to keep most of the money they earn. They see others treated as people, not things to be used, hurt, or stolen from. They watch all this as if through a wall of glass, able to see, but not able to touch.

They grieve for all that the have lost, including good health, children, and a normal identity, as well as for all the things they never had, but see that others take for granted.There is a difference between grief and depression. Most survivors have depression, and respond to treatment for it, but even the best treatment cannot give back the things they have lost. People grieving the expectable losses of normal life usually can count on the support of others, because others can understand the losses, and know that they could have or have had similar losses themselves.

Grieving survivors of prostitution are isolated because they dare not tell anyone how they lost what they lost. They justifiably fear that they will be told that they brought the losses on themselves, and even deserved them.The intensity of the grief is another problem. People who have had luckier lives often choose not to tolerate contact with that degree of distress, and withdraw from the survivor, whether or not they even know that the losses are prostitution related.

The pain must be managed some way to survive. The crude way is with alcohol and drugs, but that method is retraumatizing because of what is involved in obtaining and using them. They trigger intrusive recollections and flashbacks of bad things that happened previously, related to substance use. The chemicals may "release" feelings and behaviors which are even more painful or destructive than those the substances were being used to control."

full article http://www.prostitutionrecovery.org/emotional_state.html

Next post... Athans' confessed crimes with no charges whatsoever.