Ok...
Today's Frustration is, "Why do we need to destroy a man to feel safe?"
This one hit home with me since I am an avid comic book collector. I heard the below story on NPR and looked up more information on Comic Book Legal Defense Fund (CBLDF). I am attaching the column I wrote for Komikazee.com. Either way it really FRUSTRATES ME!
I am a NPR junky. I listen to NPR on the way to work, while I am at work, and I download specific broadcasts on my Ipod. So I was rather shocked to hear a comic book related story on NPR, much less one as silly as this. My humor quickly went to frustration on the matter of Gordon Lee facing a prison term for an obvious mistake. A brief overview of what has occurred, you can find the below article over at our friendly Comic Book Legal Defense Fund website.
Source: CBLDF Website
"During Halloween week 2004, Gordon Lee’s comic shop, Legends, of Rome, GA, participated in a trick-or-treat event in downtown Rome by distributing free comics. "Alternative Comics #2," the Free Comic Book Day edition from publisher Alternative Comics for 2004, was inadvertently included in the mix of books being given away. The comic was a single copy among thousands of comics being given away that day, and was accidentally handed to a minor, whose parent filed a complaint with the police. The comic book features a variety of stories from the company's line, including an excerpt from Nick Bertozzi's now published graphic novel The Salon, depicting the first meeting between Georges Braque and Pablo Picasso. On three pages of the eight page section, Picasso is depicted in the nude, a factually accurate detail for the period during which the story is set. There is no sexual content in the story.
Upon learning of the error in distributing the comic, Lee admitted that a mistake was made and offered to make a public apology for the first of many times. That apology was rejected, however, so days later, Lee was arrested."
So has anyone else been to a free comic book day? Remember how the comic shop sets up the free comics for people to pick up and it gets kinda nuts to get free comics. But lets move to the other point, Mr. Lee actually opened his store on Halloween to invite the community in and receive free comics as a treat. Did Mr. Lee make a mistake? Sure he did and he was willing to make a public apology for it, but in these times for a man to admit he was wrong is just not enough. The article goes on to say:
"At arraignment in Spring 2005, Gordon Lee was charged with violating two laws: 1) Two counts of distributing material depicting nudity or sexual content, a felony; and 2) Five counts of unlawful disposition of materials to minors, a misdemeanor. The felony counts alleged that Lee had distributed the comic to the named victim and to a “John Doe.” Three of the misdemeanor counts were for distributing the single comic to the named victim, with the other two counts alleging that the comic was distributed to “John Does.”
"In May 2005 the Fund submitted four motions to dismiss the counts Lee faced. The Fund’s legal team, led by Atlanta lawyer Alan Begner, and coordinated with Cory Begner and Rome criminal expert Paul Cadle, challenged the constitutionality of both the felony and misdemeanors laws, as well as the standing of the John Doe charges. A hearing on those motions was held on December 1, 2005 during which, likely in response to Fund motions, the prosecution dismissed both felony counts and both “John Doe” counts. On January 2, 2006, Judge Salmon dismissed the felony and “John Doe” misdemeanor counts with prejudice, and consolidated the remaining misdemeanor counts from three to two."
So does this mean it is over, gosh no Mr. Lee was Re-Charged
"On April 2, 2006, the eve of trial, prosecutors contacted Mr. Lee’s counsel to notify them that they intended to dismiss the charges against Lee because, after 18 months, and numerous court appearances, they discovered that they had the wrong victim.
The morning of April 3, prosecutors walked into court and stated their intention to declare the case nolle prosse, meaning that the charges that were to go to trial were dismissed. They later re-filed under a new accusation alleging that Lee handed “Alternative Comics #2” to a six-year-old minor and his nine-year-old brother, instead of solely to the nine-year-old, as had been previously, and repeatedly, declared.
Though the dismissal was a victory in the near term, because it served as an admission that Lee was not guilty of the crimes for which he was accused in October of 2004, it raised abundant questions about how prosecutors arrived at this point." ead counsel Alan Begner said, “I have never -- as a criminal trial lawyer for thirty years -- seen a complete changing of the facts like this.
Throughout the year and a half before that trial date, through written statements, the investigation, and the presentation of evidence before the grand jury, as well as the written accusation and indictment, the State had steadfastly asserted that the comic book had been handed to the nine-year-old. The dismissal of the charges today reflects the prosecution’s admission that everything that was presented as evidence before was untrue, and that they had stuck to the false facts through procedure after procedure in the case. How did a year and a half of statements based on one set of facts get changed at the last minute to another set of facts?”
Go to the link and take a gander at the section "Going through the Motions" to continue the mind-numbingness. In a nut shell, Mr. Lee is now finally facing another trial to hopefully end this exercise in madness. For the past two years this man's livelihood and freedom has hung in the balance because he made a mistake and tried, several times, to apologize for it. If it was not for the CBLDF Mr. Lee would have had to pay an excess of 80,000 dollars in legal fees, and/or admitted a crime that the prosecution as already stated he did not commit. Now if my child had received a comic with these images I may have been upset that my underage kid had it, and confronted Mr. Lee with my concerns. But after hearing his side and then accepting his apology I am pretty sure I would have been done with this issue. I know the verdict is still out on this guy, but if there was a true malicious intent would not other underage children receive the same comic. Mr. Lee isn't a sexual predator, nor a menace towards the moral judgment of parents. If this case is found in the favor of the prosecution everyone should also question how this may cause new restrictions on the comic book industry.
Sadly yours,
The Voice :(
