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Thrown in Jail for Saying 'Panties'
ATLANTA (CN) - An elderly, asthmatic chiropractor claims in court that he was falsely arrested and jailed because Atlanta police officers "are instructed that any person who says the word 'panties' to a 2-year-old is guilty of felony child molestation, regardless of the circumstances under which the statement is uttered."
Dan Benson sued Atlanta and its police Officer Andres Facemyer, in Federal Court. He claims he was falsely arrested and jailed, denied bond and medication, subjected to "repeated threats by jail staff and guards," all for an innocent, short exchange with a little girl, in the presence of her mother.
He says he was jailed for more than 2 weeks, in vile conditions, and that "After Mr. Benson's charges were dismissed and he was released from Jail, his case was indicted by a Grand Jury. Eventually Mr. Benson entered a pretrial diversion program and his charges were dismissed and expunged. Mr. Benson was not convicted of any crime."
...
The complaint states: "After he arrived at the Park, Mr. Benson walked along the park trail along Lake Forrest Drive. As he walked, he passed a woman who was walking with her daughter. The mother was pushing a stroller, and the daughter walked closely behind her.
"As the mother and daughter passed, Mr. Benson waved hello.
"The daughter did not respond, but the mother said hello. The mother then stopped walking, turned, and told her daughter to 'say hello to the nice man." The daughter then waived at Mr. Benson, and he waived back.
"Mr. Benson then commented that the daughter was wearing a beautiful pink dress. While still holding onto her mother, the little girl raised her dress and said the word 'panties.'
"This reminded Mr. Benson of his own daughter's childhood and the many dresses she wore with matching bloomers. Reminiscing, he said, 'My daughter had panties just like yours,' and turned to continue his walk. Mr. Benson then used his cell phone to call his brother ..."
...
"After Mr. Benson's charges were dismissed and he was release from jail, his case was indicted by a Grand Jury. Eventually Mr. Benson entered a pretrial diversion program and his charges were dismissed and expunged. Mr. Benson was not convicted of any crime." -
http://www.courthousenews.com/2013/02/28/55273.htm#sthash.wxfpNUNx.dpuf
CBGLuthier
(12,723 posts)NEVER TALK TO THE POLICE.
Nothing good can come of it.
madaboutharry
(40,212 posts)Bay Boy
(1,689 posts)This seems to have been written from Mr Benson's point of view. What's the chances he gave a slanted version?
Wednesdays
(17,380 posts)Even in the north the attitude is pervasive. I knew a few young ladies in high school and college who would blush and nearly faint if anything was said around them that they took to possibly have sexual overtones in it. Whether it was meant to or not. Obscene terms such as "pregnancy," "legs," "navel" or even the word "obscene" was considered obscene.
Fundies, all of them. And I know that one of them came from an incestuous family whose secrets would knock your socks off.
Bay Boy
(1,689 posts)Anatomy of a Murder with Jimmy Stewart, great movie.
Response to The Straight Story (Original post)
srogers Message auto-removed
tammywammy
(26,582 posts)MiniMe
(21,717 posts)It is told solely from the old man's point of view. I'd like to see something from the officer, and the mother. As it is written, it makes no sense.
loli phabay
(5,580 posts)it might be a misunderstanding from the mother's side or he may really have done more than he says, I just don't know from the story.
MiniMe
(21,717 posts)And there are tons of things missing. All told from the mans point of view.
joeunderdog
(2,563 posts)I don't talk to a stranger's daughter about panties. Just not a comfortable place to go.
At the very least, even if you have an innocent comment about them, you have to know you can easily take someone out of their comfort zone and be misinterpreted.
Again, not arrest material, but poor judgment.
geek tragedy
(68,868 posts)spin
(17,493 posts)A cop I know told me this.
loli phabay
(5,580 posts)what one person sees can be so far from the truth yet they believe it is so, something that every one does.
Crepuscular
(1,057 posts)For some reason "Aqualung" started running through my head after reading that story.
gollygee
(22,336 posts)You can't say the word "panties" in any context at all? This is one of those zero policy rules or whatever it's called - mind going blank - like where the kid at school points his finger like a gun and they suspend him for having a gun. A rule that is based on something serious (don't bring a gun to school or even joke about bringing a gun, don't talk to little girls about underwear as it can in some instances be grooming) and is taken to an extreme (don't point your finger, don't respond like a human being when little girl says "panties."
Did the mother not hear the little girl say "panties?" I guess maybe that would seem weird if the little girl hadn't said that. Most people probably wouldn't introduce a topic of underpants (I hate the word "panties" - it's like nails on a chalkboard to me) with a little kid. But after he heard her say it his response seems like a normal one. I just can't imagine calling the police after this exchange. That has me scratching my head. I have no idea how it got to the police.
Bay Boy
(1,689 posts)[Judge Weaver has stopped the testimony by Detective Sergeant James Durgo, State Police, and called the lawyers to his bench]
Judge Weaver: Mr. Biegler, you finally got your rape into the case, and I think all the details should now be made clear to the jury. What exactly was the undergarment just referred to?
Paul Biegler: Panties, Your Honor.
Judge Weaver: Do you expect this subject to come up again?
Paul Biegler: Yes, Sir.
Judge Weaver: There's a certain light connotation attached to the word "panties." Can we find another name for them?
Mitch Lodwick: I never heard my wife call 'em anything else.
Judge Weaver: Mr. Biegler?
Paul Biegler: I'm a bachelor, Your Honor.
Judge Weaver: That's a great help. Mr. Dancer?
Claude Dancer: When I was overseas during the war, Your Honor, I learned a French word. I'm afraid that might be slightly suggestive.
Judge Weaver: Most French words are.