S'morton Bret Alan Smith Jailed (2)

[SolomonFundy]

Since charges are possibly coming from Ashburn as well, the investigation will continue. Colquitt pressing charges is a formal declaration of their "discovery" of crime as the result of an investigation. The case is technically ongoing until he's acquitted or sentenced, but in reality, they are probably pretty much done with any formal investigating in Colquitt other than paperwork. As I understand it, Ashburn must conduct their own investigation before piggy-backing off of the Colquitt charges, though they can use the information collected by the Colquitt police as a starting point for their own file. 

Even if Ashburn is unprepared to charge Alan before he is arraigned for the Colquitt crimes, they can still bring a case against him at literally any time, even if he is already in prison. Georgia is pretty much the worst possible state to commit a sex crime against a child. They revamped their catalog of sexual assault laws in 2012, but the gist of it is that any sex crime committed against a person under 16 years of age that has occurred within the past 4 years can be prosecuted at  any time. There is no statute of limitations on sex crimes against children. If he happened to commit the crimes before June 30, 2012 (all three years' worth, without doing anything after the 30th), then it's slightly less lenient, but still pretty stringent. In those cases, the charges must be brought within 7 years of the crime if an investigation is conducted, but if the crime is alleged for the first time at any point before the victim turns 16, the 7 years starts then, and runs until the victim is 23.

Here's the statutes and specific language if anyone else enjoys reading things in the original Lawyerese:

Quote

Under O.C.G.A. § 17-3-1, prosecutions for felonies must be commenced no later than four years after the commission of the crime (prosecution is “commenced” on the date that a formal indictment or accusations is filed). This provision is subject to certain exceptions, including a lengthier statute of limitations of seven years if the victim was under the age of 16 at the time of the offense. Prosecutions for rape must be commenced within 15 years.

Where DNA evidence is used to establish the identity of the accused, a prosecution for the following offenses may be commenced at any time: armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery.

O.C.G.A. § 17-3-2.1 sets out the statute of limitations for most sex offenses involving children under the age of 16.  The applicable statute of limitations will depend on the date of the alleged offense as set out below:

For offenses committed between July 1, 1992 and June 30, 2012, if the alleged victim of one of the following offenses is under 16 years of age, the statute of limitations (seven years) shall not begin to run until the victim has reached the age of 16 or the violation is reported to law enforcement:

Cruelty to children, O.C.G.A. § 16-5-70;

Rape, O.C.G.A. § 16-6-1;

Sodomy or aggravated sodomy, O.C.G.A. § 16-6-2;

Statutory Rape, O.C.G.A. § 16-6-3;

Child molestation or aggravated child molestation, O.C.G.A. § 16-6-4;

Enticing a child for indecent purposes, O.C.G.A. § 16-6-5;

Incest, O.C.G.A. § 16-6-22;

For offenses committed on and after July 1, 2012, if the alleged victim of one of the following offenses is under 16 years of age and the offense is not being prosecuted as a misdemeanor, there is no statute of limitations and a prosecution may be commenced at any time:

Trafficking a person for sexual servitude, O.C.G.A. § 16-5-46;

Cruelty to children in the first degree, O.C.G.A. § 16-5-70;

Rape, O.C.G.A. § 16-6-1;

Aggravated sodomy, O.C.G.A. § 16-6-2;

Child molestation or aggravated child molestation, O.C.G.A. § 16-6-4;

Enticing a child for indecent purposes, O.C.G.A. § 16-6-5;

Incest, O.C.G.A. § 16-6-22;

Any offense against a child under the age of 16 not listed above will be subject to the general seven year statute of limitations set out in O.C.G.A. § 17-3-1.

 

Also, since we are all concerned for the wellbeing of the victim(s), good news! Georgia allows victims of sex crime who are under the age of 17 to provide testimony by closed-circuit TV in nearly all cases. Even if this DOES go to trial, the victim still has some protection against being forced to face him in court. 

[picklepizzas]

Jeanine's been posting a lot from her account and Addie's of everyone together hanging out, including Martha, Tate and zandry Zander.  

Apparently, Katie's latest baby is actually a boy, called jack. I've been assuming the baby was a girl bc it was wearing a pink hat in photos and gender roles!

[Tiny Bubbles]

Until this came out, I only had a passing knowledge of these particular families.  That's what I get for spending so much time in the Duggar/Bates threads!  My God. This is horrific. 

Here we have the mighty patriarchal fundamentalism once AGAIN demonstrating just how wrong things can go in a culture that  limits the rights and/or freedoms of women/children because Jesus.  

Not that this never happens in the secular world - one look at the list of crimes of this nature that one can be charged with is stomach-churning in itself.  But giving power to one group over another and then insisting that it play out  in a climate of social isolation is pretty much a direct invitation to those tempermentally inclined to abuse.

 It seems so obvious from the outside - cherish and protect are nice words, but words are cheap.   It's actions that tell the tale, not words.

Anyway, I know I am preaching to the converted. How encouraging that so many in the families seem to be supporting Katie. I hope any victims get genuine help. 

[RosyDaisy]

I know what the family is saying publicly. What I wonder about is what they're REALLY thinking and saying amongst themselves. Knowing their dangerous beliefs. I have a sneaky suspicion that there may be some victim and Katie blaming going on. People don't change their beliefs overnight. Especially extreme patriarchal, quiverful fundamentalist, Christians. Having said that, I truly hope I'm wrong.

Also, there are ways of getting around those GoFundMe rules. Exactly how much of that money will actually go to Katie alone?

[Queen Of Hearts]

12 minutes ago, RosyDaisy said:

I know what the family is saying publicly. What I wonder about is what they're REALLY thinking and saying amongst themselves. Knowing their dangerous beliefs. I have a sneaky suspicion that there may be some victim and Katie blaming going on. People don't change their beliefs overnight. Especially extreme patriarchal, quiverful fundamentalist, Christians. Having said that, I truly hope I'm wrong.

Also, there are ways of getting around those GoFundMe rules. Exactly how much of that money will actually go to Katie alone?

Wow.  As bad as most fundie beliefs are, I have real trouble believing many would blame a child for being raped.  And especially not this family that seems to be so family-focused.  

[JermajestyDuggar]

37 minutes ago, Queen Of Hearts said:

Wow.  As bad as most fundie beliefs are, I have real trouble believing many would blame a child for being raped.  And especially not this family that seems to be so family-focused.  

I Doubt there is any direct victim blaming but I wouldn't be surprised if there was some more subtle Katie blaming. I've seen plenty of blaming of wives of rapists and child molesters in non fundie homes. For example, they may question Katie as to why she never suspected anything or how she never saw anything. I have no idea if the family are doing this to Katie. But it wouldn't surprise me at all if they were.

[RosyDaisy]

Family focused my ass. This is an evil cult. I have no trouble believing there is victim blaming going on. It is rampant in these cults.

[Howl]

Random thought:  Is it possible that Bret Alan Smith Jr. is an obnoxious person that people secretly disliked?  Even looking at photos of the wedding, he looked like somebody who could get under your skin pretty quick.  If he didn't treat his wife well in the marriage, all the more reason to secretly dislike him (in spite of Godly headship, blah, blah, blah).  This would certainly make it easier to rally the family around her.  As I said, random thought that's been tugging at my mind.  

 

[DaisyD]

@Howl I think that's a good possibility as to why these people aren't pulling a Duggar on this. They certainly seem just as steeped in the same sort of culture otherwise. It's also possible that now that the majority of the kids are grown and married, dad telling everyone to shut up and keep sweet is less effective than with the Duggars. They've (at least the men) been having their own opinions for a while now.

[JermajestyDuggar]

They don't even have to directly victim blame to cause major issues for the child to deal with blaming him/herself. These families teach that anything and everything sexual outside of marriage is a sin and dirty. So this child is already feeling that he/she has sinned. 

Thats one of the many problems with the way fundies teach about sex. 

[Roux]

Bret Allen Smith, Jr. does appear the type to be more easily cast aside.  As stated earlier in this thread, and in other S'Morton threads, he doesn't seem to keep the steady job like other headships.  More he just jumps from job to job provided by other family members.  Plus there is the uber smugness (as seen in the wedding video).  If he isn't an essential provider/producer for the family and not univerally loved, it may be easier to cast him aside.  Sadly, with their beliefs, if he was a major bread winner or otherwise important, I don't think they would have come to Katie's defense as quickly.

[RosyDaisy]

Just to be clear, the only person to be blamed is Alan.

[Burpies]

@Howl I think that's a good possibility as to why these people aren't pulling a Duggar on this. They certainly seem just as steeped in the same sort of culture otherwise. It's also possible that now that the majority of the kids are grown and married, dad telling everyone to shut up and keep sweet is less effective than with the Duggars. They've (at least the men) been having their own opinions for a while now.

Plus, they don't have the TLC money train at stake.

[Howl]

37 minutes ago, Roux said:

Plus there is the uber smugness (as seen in the wedding video).

Ahhhh, uber smug is just the right phrase...thank you.  

[cami]

I found Alan & Katie's blog while looking around the Morton one:

http://malachi4-6.blogspot.com/?m=1

not sure if it was posted here before ? But found it interesting ...

[justwatching]

59 minutes ago, cami said:

I found Alan & Katie's blog while looking around the Morton one:

http://malachi4-6.blogspot.com/?m=1

not sure if it was posted here before ? But found it interesting ...

Woah. That creeps me out!

[Feministe9000]

Yeah.....especially where he's putting up the pictures of Esther and quoting that creepy  Quiverfull bible quote with "...." after every line.....

given what we know now......ugh looking at those pictures of him handling the children makes me want to vomit.

[Feministe9000]

and i know it's just the unfortunate genes he got from the ugly Captain Bret, but his eyes are so creepy.......

I would have to look away if he looked me in the eye......those poor children!!!!!!!!!!!!!!!!!!!!!!

and I know we've been over this, but FUCK YOU Michael Morton Sr., your daughter has never had a critical or independant thought in her life!! and it's all your fault!!!!! you passed her to this guy!?!?!??!

 

 

i'm sorry, just looking at that that blog made me upset and angry all over again

 

OOoooooooh how i would relish the opportunity to be in the interview room while the cops talk to this man.

I'd love to watch him squirm. Piece of shit.

[fundiefan]

Ya' gotta' hand it to them, they can certainly compartmentalize life and flat out ignore the shit.

Martha posted an IG of Katie and while she said Katie is strong, loving, gentle...and said "Jesus we so need you"...Rachel commented and said 'god is so faithful'.

Um, where was this faithful god when Alan was raping a child? Does anyone think that kid wasn't crying out to god for help...and was apparently ignored. No faithful god for you, little child who is being raped by a relative. Nope.

How in the hell does anyone justify their 'great god' now, when said god did nothing to prevent the irrevocable damage to a child?

 

[RosyDaisy]

They have a twisted view of God, Jesus, the Bible, and Christianity. That's how.

[NakedKnees]

Re. the victim-blaming topic... I wouldn't be surprised if they were ready to dislike Alan over Katie. I'm sure there is tons of buried dislike/distrust in these communities that are required to "keep sweet."

I absolutely worry about this child, largely because of the ridiculous things the bible says about rape. Of course the S'Mortons will likely try to do the right thing AND stick to their beliefs ("You are a virgin in the eyes of God!" or some shit), but when that child gets their hands on the old-testament laws regarding rape and rapists, and sees their family otherwise interpreting the bible literally, and has to deal with the trauma of "purity" conversations again and again, their entire worldview may crumble from there. 

Obvious solution: STOP INTERPRETING THE BIBLE LITERALLY, S'MORTONS.

I know this is the worst kind of idle speculation, but I just suspect that no matter how hard the elders try, the children's faith cannot stay the same after this.

[dramallama]

6 hours ago, cami said:

I found Alan & Katie's blog while looking around the Morton one:

http://malachi4-6.blogspot.com/?m=1

not sure if it was posted here before ? But found it interesting ...

Woah.  I had no idea they had their own blog separate from the Morton blog.  GUESS WE ALL KNOW WHAT DRAMALLAMA'S READING TONIGHT!

[JMO]

Considering that we all know that they don't discuss sex with the kids until they get married,  I'm wondering how this has been explained to the victim, the other kids, and the unmarried adults. Addie may be 26 but they have purposefully not given her the "a man and his maid" speech. Just lots of vague phrasing about Alan being sinful? 

[picklepizzas]

9 hours ago, Feministe9000 said:

Yeah.....especially where he's putting up the pictures of Esther and quoting that creepy  Quiverfull bible quote with "...." after every line.....

given what we know now......ugh looking at those pictures of him handling the children makes me want to vomit.

do you mean the malachi quote that seems to be the theme of their blog? bc i agree that is quite disconcerting, given the arrest.

"Malachi 4:6

He will turn the hearts of the fathers to their children, and the hearts of the children to their fathers..." 

YIKES.

i don't know how the wayback machine works, but i really hope this whole blog is somehow captured before someone remembers to delete it. 

 

ETA: in other reflections, this photo from 2010 (on katie & alan's blog) is shocking when you think of how many grandchildren were added to the family in the six short years since this photo was taken. O_O

[SolomonFundy]

I doubt the Malachi blog will ever be deleted. Alan was almost certainly the only member of the family that was allowed to know the passwords, and he rarely logged on as it is.

And it's probably going to be a long time before he gets a chance to use a personal computer again.