Tuesday, February 16, 2010

Judge John Dean Moxley

In this post, I raised the question of why 23 year old Alissa Blanton was denied a temporary restraining order, and what judge would deny her. Well more is coming to light.

Court documents show that Roger Troy, 61, had met her when she was a waitress at Hooters. After he started harassing her, the manager got involved. In the ensuing two years, Ms. Blanton quit her job, got married and moved twice. All that time her stalker was emailing her and following her. She finally felt the need to have the courts interevene after evidence shows he had been to her house - again. After all, the court system is there to help us, right? Wrong. Ms. Blanton was denied the temporary restraining order and a hearing was set. So why was she denied?

Here is the judge's reasoning:
Despite Blanton's 72-page petition, Brevard County Circuit Judge John Dean Moxley was not convinced that the situation was dire. Last week, he denied her request for emergency protection.

Following the shooting, Moxley told the Orlando Sentinel he had not been able to determine whether Troy's actions met the legal definition of stalking."As a judge you have to follow the law.

You're not omniscient. God bless her soul," he said.

Wow!!! That must be one helluva law! Let's look, shall we? According to Florida Statutes, §784.048(3), stalking is defined as follows:
Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person's child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Okay then. If the actions of this piece of male bovine excrement did not meet the above legal definition, what in the name of all that is holy WOULD??? Again, I'm not saying that having a TRO in place would have saved her life, but his actions most definitely fell within the criteria above!! Of course, given the history of this judge's decisions, I suppose one shouldn't be surprised. Just a snippet...

In February 2003, Eyewitness News reported how Moxley had let out violent criminal Derrick Henderson, on a signature alone, just days before he was to go
to prison for six years and he disappeared.

In October 2002, Eyewitness News reported how Moxley lowered an accused child molester's bond so he could get out of jail after being accused of stalking 12- and 13-year-old girls.

It's well past time judges were held accountable for their actions, or inactions. In this particular instance, the circumstances were CLEARLY within the legal definition of stalking, yet he let the stalker walk. Now a young lady is dead. Hopefully, this judge will get his comeuppance

Moxley is now under review by the Judicial Qualifications Commission.

I hope they kick him off the bench for good. Judges like this are just as bad, if not worse, than the criminals in the courts over which they preside.

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