Tuesday, July 17, 2007

OH - Lunsford’s son gets 10-day jail sentence

View the article here
Court Documents

The original article has vanished, but that is usually the case when it comes to Mark Lunsford.

07/16/2007

Mark Lunsford’s son will spend the next 10 days in jail, but will not be registered as a sex offender after being sentenced Monday for having unlawful sexual contact with a 14-year-old girl.

Clark County (Ohio) Municipal Court Judge Thomas Trempe sentenced Joshua Lunsford, 18, of Mechanicsburg, Ohio, on a Level 1 misdemeanor charge of sexual conduct with a minor. The charge carries a maximum 180 days in jail and $1,000 fine.

A 170-day jail term was suspended as long as the teen successfully completes the year of probation that was also ordered. Because of the misdemeanor charge, he will not have to register with the state’s sex offender registry.

Joshua Lunsford had been facing a Level 4 felony, which carries a potential 6- to 18-month prison sentence and $5,000 fine on a charge of unlawful sexual conduct. However, he changed his not guilty plea to guilty after a plea agreement was reached, and a pre-sentence investigation was ordered.

That report is similar to ones prepared in Florida where a person’s background and criminal history are considered before a judge decides an appropriate sentence.

According to a police report, the 14-year-old girl’s mother accused Joshua Lunsford of fondling her daughter outside a skating rink and outside a shopping mall March 30 and March 31 while the two were kissing. Though the girl was considered a willing participant, law prohibits such relationships; because he was four years older than the girl, Joshua Lunsford was initially charged with the felony after his March 31 arrest.

Joshua Lunsford is the brother of Jessica Marie Lunsford, the 9-year-old Homosassa girl raped and killed by a convicted sex offender in February 2005. John Couey, 48, will appear today before Circuit Judge Ric Howard at the Citrus County Courthouse for a series of hearings to determine if a Miami jury’s recommendation that he be executed for the crime is appropriate.

Joshua Lunsford has lived with Mark Lunsford’s first wife since the two divorced.

Mark Lunsford has traveled across the country since his daughter’s death to urge the passage of tougher laws dealing with sex offenders and predators. Dozens of states, including Ohio and Florida, have signed laws handing down tougher sentences and putting in place more monitoring for such individuals.

A spokesman for the Jessica Marie Lunsford Foundation said Mark Lunsford was out of town Monday. He could not be reached, and a call to his assistant was not returned.

Mark's Hypocrisy



Video Link

Mark, Joshua and Gerald Lunsford Court Documents:



10 comments :

whatsthis said...

This is wrong and we all know what happen, daddy made a call to Gonzales and John Walsh and then Gonzales made a call to the Judge and then it was over. In spite of the laws in Ohio that are firm about what he did. But then agaon its not who you know its who you BLOOOOOW like Bob Allen. Zman someone tell us what we can do this is becoming a nightmare for so many families except the ones that as you said rich and famous. I am so sick of this crap all of it Why in the hell don't they treat all like the Nazi's did to the poor jews.

whatsthis said...

hey look where is all these damm laws and now I see this preacher gets no jail time.

http://blog.al.com/breaking/2007/07/preacher_pleads_guilty_to_sodo.html

What is going on here do they just want to kill families that have paid their debt years ago and let all of these people off. Better to be in Russia or some place other than USA they are sick, and now Vitter will be back on the Hill tomorrow why? "BECAUSE HE SAID I AM SORRY" Like Gonzales WELL I AM SORRY AND ALL GOES AWAY. BS!!

Drew said...

After reading the Ohio law on sex offenses and sex offender registration, which is quite wordy and complicated, it looks like it was not applied as written.

First, Joshu violated 2907.04, Unlawful sexual conduct with a minor. If the offender is less than 4 years older than the victim, then the offense is a misdemeanor of the first degree. Joshua was (just barely) more than 4 years older than the victim so the crime should have been a felony in the fourth degree.

Second, Joshua pled guilty to 2907.04. A "sexually oriented offense" is defined as an offense committed by someone 18 or older involving a minor who violates crimes which include 2907.04. Therefore he committed a "sexually oriented offense". Whether the crime is a misdemeanor or feloney is not part of the definition.

Under 2950.04, each person who has pleaded guilty to "sexually oriented offense" that is not "registration exempt" shall register with the sheriff.

"Registration exempt" means any "presumptively registration-exempt sexually oriented offense" to which a judge has not order the person registered. The list of crimes which are "presumptively registration exempt" do not include Joshua's crime of 2907.04, Unlawful sexual conduct with a minor.

Therefore Joshu has pleaded guilty to a crime for which he should have to register as a sex offender, and there is no exemption under the law.

"Because of the misdemeanor charge, he will not have to register with the state’s sex offender registry." This explanation is simply incorrect. The press should do a better job of fact-checking.

If you live in Ohio, and do not like the fact Joshua has been convicted of a sexually oriented offense and does not have to register, call the DA's office and demand they appeal. You can also put pressure on the sheriff. Both are usually elected officials and have to answer to their constituency.

Personally, I believe his case should never have been in court, and 10 days in jail is ridiculous for consensual sexual activity between teenagers. I also wonder about a judge imposing a "one year period of probation" when the maximum term of imprisonment is 180 days. Isn't this extending the sentence beyond 180 days? If he is on probation, then he could theoretically go back to jail to serve the remaining 170 days months after his maximum sentence would be over.

By the way, he had better stay in Ohio, because he will need to register in most other state based on this conviction.

Anonymous said...

Total BS,,We should start protesting about this!Equal Justice for all,, NOT SOME,,Im soo sick of this BS!!!!!!!!!!!!!!

Anonymous said...

This is disgusting! My case was exactly the same, being 18 and 14, in a consensual relationship. I was even charged with a misdemeanor, and probation for 2 years. Yet, I've still had to register as a Sex Offender for the past 10 years and the way they keep changing these laws, I figure I will die before I no longer have to register!

Being 28 years old, and having to register since I was 18, my life is already destroyed. I can't find a job, am usually fired from the jobs I do find, and have been harassed countless times. Soon I will have to move, most likely many times. All I want is to settle down, raise a family, feel like I am part of a community, and live my life in peace. I don't believe that will ever happen. I've never known peace since this nightmare started!

-Romeo-

Anonymous said...

I've got a question ...why is he wearing a Help find jessica t-shirt???? Didnt anyone in that courthouse find that a little sick??????? I mean WTF is going on!!!!!

Mary said...

http://www.ethicaltreatment.org/mary.htm

Is this justice???

Joshua Lunsford a legal adult by all laws walks of registration and his father says its Romeo and Juliet yet the young man in the above link at seventeen is a lifetime registered sex offender?
Google search Chris Spidell or Karla Spidell of Iowa read their sixteen year old son's story he has been in jail for over a year on consensual sex acts with a minor girlfriend.

Joshua's case proved beyond a shadow of a doubt, like Paris Hilton, Mel Gibson, Scooter Libby, Mark Foley that if you have money, power or a famous name you face a different law of this land a different judicial criminal system while the rest of these young men (thousands not even legal adults) are sacrificial lambs of our politicians.

I have heard more times from politicians daily "we cannot look soft on any sex offender including teens on these type of matters"

I have to wonder how they sleep at night cause this could be anyone's child, grandchild or nephew and its time our politicians are held accountable for ruining young men's lives for consensual sex acts..

Mary said...

Also tomorrow in Georgia Supreme Court Genarlo Wilson case will be heard. Will he walk free now Josh Lunsford did? Genarlo was only seventeen and had oral sex so his case is definitely Romeo and Juliet ...

whatsthis said...

Joshua Lunsford what I would like to know when is or did he serve his time? Because I see where he was signed into my space on 7-20-07, 7-24-07, and 7-30-07 and he now even has a new picture on there instead of him kissing the girl that I think was the girl in the case. Now hes on there with a guy friend making some hand jesters. Correction I now see that he has log in on 8-1-07 so when his he doing his time or did daddy get him off that on the quite as well? If anyone has the information I would love to know.

Tclnick203 said...

The law and punishment these days is based on 2 things:
The written law and prescribed punishments
The Prosecutor
Judges do nothing anymore!  Everything is laid out for them so they don't have to think or consider the facts in a case.  When I was standing before a judge, I knew that he had not even seen the evidence and he had a low opinion of me.  However, he was clearly put off by the fact that I had 16 friends and family members sitting behind me (including my girlfriend and her mother)...
He put up a show of putting down some of the prosecutors claims but, in the end, the prosecutor was in control...
When did prosecutors become more powerful than judges?  When did they get to decide who gets a plea agreement and the terms? 
I won't mention who my prosecutor was but I will say that his name (usually heard in the news) sends me into a rage.  
NOBODY should have that kind of power!  For that matter, judges are now superfluous.  They should be replaced with computers for all the good they do!  At least, on the federal level...