Just to update us on the case that sparked this thread, the once pharmacist at the local hospital pleaded "guilty" at his trial. This was posted Wednesday, September 22, 2010 in Yourhoustongnews.com.
"A League City man who once worked as a pharmacist at a Webster hospital has pleaded guilty to a charge of improper photography. Paul Guy Clark Jr., 65, was sentenced to four years deferred adjudication and fined $500. He is expected to report monthly to a probation officer and do some community service, Harris County prosecutors said. He also has been
prohibited from visitng any place where children might congregate.
“If he does, he violates his probation,’’ said assistant Harris County District Attorney John Wakefield. “The key is for families to keep an eye out for this guy.’’
Surprisingly, this man gave police permission to view his camera files and search his car! That, to me, at least, tends to indicate a man without intent to exploit the kids, or else, likely as not, he'd have simply refused! The alleged pervert was no ignorant bum, but an educated fellow, previously a pharmacist as the local hospital. Had he not given consent, then how could the trial have gone forward? One must ask whether the "Guilty" plea was actually the result of a "plea bargain", wherein the Texas prosecutors, with a flimsy case, get him to submit a "guilty" plea in return for zero risk of going to jail for 10 years or whatever the felony allows for. The police finding of "Pornographic material", (which is otherwise unexplained, and not characterized as pedophiliac), could have been the one thin straw only just managing to weigh the fragile scales of justice, against the man, supporting the State of Texas' asserted, but vague concept of "intent to have sexual arousal" from the pictures of
clothed girls playing sport in a public place.
Now this perhaps was a better case for a careful police
investigation, not knee-jerk reaction of sweeping him up, like garbage, as if some child molestation was actually caught in the act with witnesses.
If the police were so suspicious, why not invest the energy to see if he's molests kids? Get the evidence before warning him so clearly. After all, isn't it much more important to catch really dangerous predators? By nabbing him with a pefunctary infraction, (although in Texas law, a serious felony), they might very well have a prevented themselves from actually discovering horrendous child predation. Checking on a suspicious person could have been done, within the law, without overzealous police action and that would indeed protect the public! Of course, I do not mean to imply that this man was indeed guilty as a child molester, but any chance of determining that, if it was true, has been greatly diminished. The public interest is this better served by being much more selective in where energy of police investigation is directed. Was he a
boy scout leader or perhaps a kids' judo instructor? Did he serve as an assistant to a teacher on outings or priest and have access to children in private? Did he ply kids with gifts and groom them for molestation? If there was no such meat to such a chase, then refocus on suspects that actually do leave a trail of evidence! That way we don't trick ourselves into believing we've gotten a real pervert of the street!
But this case is much more important than merely a waste of police resources or even of bullying the evidently "creepy" man to confess to a crime. It's far more serious than that!
The conviction of this man is in fact a pyrhic victory. The staggering loss of rights to photograph in a public place is brought about with consequent diminished ability to document crimes against those who are unprotected. In the jurisdiction of this Texas law, folk will feel naturally restrained from photographing what's around them, for fear of accidentally getting an image that police might interpret as "potentially sexually arousing to some person". What benefit is it for society to have citizens much more hesitant at picture snapping what they wish, however silly or inane?
We fare far better, (as the
Rodney King pictures proved), by citizens have unrestricted rights to document everything around them.
Asher