News: Jack Schaap Trying To Squirm Out Of Sentence

News: Jack Schaap Trying To Squirm Out Of Sentence June 3, 2014
While dress codes are not the issue in the Jack Schaap conviction the same attitudes of sexualizing a teenager and trying to blame her for his own attitudes towards her are the same.

Now Jack Schaap is claiming that he was improperly represented by his legal staff at his trial for violation of the Mann Act and sex with an underaged girl. Schaap is claiming his attorneys promised him a sentence of no more than ten years, yet the judge gave him twelve years. It was fully within the rights of the judge to decide the length of the sentence regardless of what prosecutors  or defense team members asked for as a sentence.

Jack Schaap, 56, was sentenced in March 2013 during a hearing in U.S. District Court in Hammond. He pleaded guilty in September 2012 to having the then-17-year-old girl transported to Illinois and Michigan for sexual encounters. In a motion to vacate, correct or set aside Schaap’s sentence, Florida lawyer Charles Murray says Schaap’s defense attorneys provided ineffective counsel. Schaap laid out a similar argument in a March letter to U.S. District Judge Rudy Lozano. At the time, Schaap was acting as his own attorney and requested more time to hire an attorney to help him seek post-conviction relief. Schaap was represented by Merrillville attorneys Paul Stracci and Alison Benjamin, of Thiros and Stracci. Stracci did not immediately respond to a request for comment. According to the motion, Schaap’s defense attorneys falsely represented to him that he would receive a sentence of between 18 months and 10 years. Lozano sentenced Schaap above the 10 years recommended by prosecutors and agreed upon by the former pastor’s attorneys. At the hearing, Lozano said he thought the sentence was appropriate. He referenced a six-hour staff meeting the pastor called after his conduct with the girl came into question where he denied any wrongdoing and talked about loyalty. Lozano also referenced a staff member, who was fired after bringing evidence of Schaap’s relationship with the girl to light. Schaap also claims his attorneys failed to introduce mitigating factors at sentencing such as the teen’s “extensive sexual experience” and “sexually aggressive” behavior toward Schaap.

Here’s hoping that the appellate court will see that Schaap et al are merely trying to muddy the waters with the victim’s past sexual history instead of taking responsibility for his own actions and deny the appeal. Pastor entitlement issues and blame shifting.

Read the entire story at The Hammond Times – Former Hammond Baptist pastor wants sentence overturned.

 

New posters/Jack Schaap supporters piling in to blame the girl and insist she get jail time too please read our Comment Policybefore posting. Anything violating community standards or making recovery feel ‘unsafe’ will not be tolerated.

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What Are Your Thoughts?leave a comment
  • SAO

    I’d give him another 10 years for suggesting that if a teenaged girl is sexually experienced, it’s a mitigating factor. In short, if she’s “impure” she’s fair game for a predator old enough to be her grandfather.

  • Trollface McGee

    Meh, anyone’s entitled to an appeal or ask for a modification.
    If he took a plea, he likely had his attorney or the judge spell out the maximum sentence he could receive on the record, so I don’t give that a lot of weight.
    As for mitigation – he took a plea to avoid a trial, it would be inappropriate for an attorney to attempt to argue facts at that point. It’s certainly something that most judges look down upon and may factor into a harsher sentence – if you take a plea, then you waive your right to a trial, if you want to argue, then you should have a trial. Plus, there’s issues as to whether or not that evidence would be admissible at the trial phase. so I don’t give that a lot of weight either.

  • The dripping sound you hear is my heart bleeding…

  • Nea

    I’m completely with SAO; blaming an under aged victim for being victimized ought to be an extra penalty.

    I’ve read the link and can’t make sense of it. Is he claiming that his counsel was incompetent because they didn’t warn him the judge could add to the sentence, or claiming the judge was incompetent for adding to the sentence? Or both?

    Seems to me that 12 years in jail for 12 years of victimizing the young woman is right on the money, justice-wise.

  • Suzanne Harper Titkemeyer

    He seems not to understand that your lawyer telling your what they think you might get is not a 100% guarantee! Neither is his offer to plead guilty for a maximum sentence of 10 years. A judge, particularly a federal judge, can look at the deals and offers and decide it’s too little time based upon the usual federal sentencing guidelines. He’s screwed no matter how much victim blaming and attorney blaming he does.

  • Saraquill

    I hope the judges involved swat his motion down, and hard.

  • Definitely. Suggesting child abuse is okay if the child had already been abused or had had some non-abusive sexual experiences (with their own age group) is the sort of creepy nonsense you’d expect out of HSLDA.

  • Lucreza Borgia

    Arguing he didn’t have sufficient counsel is basically a last ditch effort. Gotta love preservation of issues for appeal!

  • Trollface McGee

    Yep. And the fact that this is the best he has – makes me quite at ease that the only way this will go anywhere is if he rolls a really bad or biased judge.