A New Jersey judge in under scrutiny (as he should be) today after blowing off a teen's rape case. Judge James Troiano refused to allow the teenager to be tried in adult court, saying the claims were not a 'traditional case of rape' and that the boy had not shown 'calculation or cruelty'.
Via The New York Post:
"Prosecutors say the boy, only identified in court documents as G.M.C., sexually assaulted the girl while at a pajama-themed basement party packed with about 30 other adolescents in New Jersey where alcohol was flowing.
The drunken boy had walked off to a closed-off, darkened area of the room with the visibly drunk victim and filmed himself on his cellphone penetrating the girl from behind with her bare torso exposed and her head hanging down, according to prosecutors.
He then sent the clip to several friends, and in the days following the incident, texted his pals, saying: “When your first time having sex was rape.”
In denying the waiver to try the teen as an adult, Troiano noted: “I still in my mind … distinguish between a sexual assault and a rape … in my mind there is a distinction.”
“There have been some, not many, but some cases of sexual assault involving juveniles which in my mind absolutely were the traditional case of rape,” said the judge, who added that those cases generally involved two or more males and a gun or weapon.
The judge expressed concern that the prosecutor did not indicate that she explained to the victim and her mother “the devastating effect a waiver would have on G.M.C.’s life,” according to the appeals court.
The appeals court last month reversed Troiano’s ruling, paving the way for the case to be moved from family court to a grand jury, where the teen boy will be treated as an adult, the New York Times reported.
“That the juvenile came from a good family and had good test scores we assume would not condemn the juveniles who do not come from good families and do not have good test scores from withstanding waiver applications,” the appellate panel said in the 14-page ruling."
It's obvious that this judge doesn't care about the victim in this case! It shouldn't matter if the kid had the highest I.Q. known to man and was the only one who could cure cancer, YOU HAVE TO PAY FOR YOUR CRIMES. (But slide us the recipe for that cure though).
We can only speculate what background this boy comes from but, it must be quite an affluent one.