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DaisyD

Captain Bret Alan Smith Part 5: Still No Trial Update: He Plead Guilty

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Flossie
1 hour ago, mydoggoskeeper said:

It really surprised me that he hasn't pleaded out, especially if the victims are family.  To have Katie divorce him in that culture and his sisters turn their back on him and their parents speaks to the evidence and the severity of his actions.    Alan's and perhaps Bret's hubris and self-righteousness are on full display.  

I think that Alan is happier playing the unjustly accused than he would be if he were convicted and were sent to state prison.  He's only in county right now, isn't he?  As I understand it, if he's convicted he'll go to a large state prison and have to go the the sex offender ward.  The other prisoners hate sex offenders, and they're at constant risk of being assaulted or killed by the rest of the prison population.

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DaisyD

The other prisoners hate child molesters and pedophiles, not all sex offenders, generally. 

I thought some judges allowed children to testify in chambers rather than in open court. In theory, the feed could be shown in court and the judge could ask the questions the lawyers wanted asked. I know I've heard of this being done. It's much less intimidating and still satisfies the "confront the accuser" thing because the lawyer's questions are asked and answered.

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hoipolloi
3 hours ago, DaisyD said:

I thought some judges allowed children to testify in chambers rather than in open court

A relative by marriage who is a family court judge uses her chambers for this in certain cases, especially those involving abuse.

When she had the opportunity to remodel her chambers during a courthouse renovation, she chose to create more of a living room atmosphere with comfortable chairs & light, calming colors rather than wall-to-wall bookshelves and other traditional legal office decor. 

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Palimpsest
4 hours ago, DaisyD said:

I thought some judges allowed children to testify in chambers rather than in open court. In theory, the feed could be shown in court and the judge could ask the questions the lawyers wanted asked.

Yes, and they use CCTV I posted a link to the legislation covering this yesterday.

@subsaharanafrica, who may be an attorney IRL (I can't remember if she has ever said) clarified that the defense lawyer being able to ask questions satisfied the right to confront the accuser.  At least, I think that is what she meant.

I found it very strange that in the Cari and Larry Williams case, little Immanuel testified in open court.  I would have thought given his special needs (Deaf and a dx of PTSD) it would have been better to have him testify in chambers.

 

 

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subsaharanafrica
17 hours ago, Palimpsest said:

Yes, and they use CCTV I posted a link to the legislation covering this yesterday.

@subsaharanafrica, who may be an attorney IRL (I can't remember if she has ever said) clarified that the defense lawyer being able to ask questions satisfied the right to confront the accuser.  At least, I think that is what she meant.

 

Yes, I am a lawyer licensed in a couple US states although I don’t currently practice in the country. 

And yes, that is what I meant. My original point was to the fact that (unless the defendant purposefully made a witness unavailable), you can’t just read an unchallenged testimonial statement into the record of a witness who isn’t there (somewhere). 

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Letgo

I am really hoping that an adult accidentally witnessed Alan's abuse of a child, preferably a male adult, You know how emotional and hysterical wummen folk can be. Or two people saw him.  Spare the child from testifying if at all possible.

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DaisyD
9 hours ago, Letgo said:

I am really hoping that an adult accidentally witnessed Alan's abuse of a child, preferably a male adult, You know how emotional and hysterical wummen folk can be. Or two people saw him.  Spare the child from testifying if at all possible.

This is the only scenario that would lead to Katie divorcing him and his siblings turning against him that I can think of.

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NachosFlandersStyle

Bret has another long-winded facebook post up, including this discussion of the Prodigal Son:

Quote

The Father did not want the son to focus on his failure, but rather on his position as a son. He continues to talk to him and ABOUT him as a son. The love of the Father restored the son in a matter of moments.

The other son was a good little boy, but he was filled with envy, hatred and murder. He was living in misery and self-pity, and blamed the Father...

The older brother was filled with human goodness. Human goodness is a substitute for Jesus. But while it looks good on the outside, it hides murder on the inside.

God will hide our mistakes, but he will never hide our pride.

 

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Palimpsest
12 hours ago, NachosFlandersStyle said:

Bret has another long-winded facebook post up

Is Capt. Bret writing bad summaries of other people's sermons or is all that nonsensical rambling his own thoughts? 

If the latter - he's getting even worse than he used to be. #needsmentalhealthevaluation. 

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Letgo
14 hours ago, NachosFlandersStyle said:

Bret has another long-winded facebook post up, including this discussion of the Prodigal Son:

 

So what does this mean? That Alan is "better" than others because he sinned and repented?

  Quote:

The Father did not want the son to focus on his failure, but rather on his position as a son. He continues to talk to him and ABOUT him as a son. The love of the Father restored the son in a matter of moments.

Somehow I think the "Father" in that quote refers to the Cap'n. He IS the patriarch! The Smith parents certainly seem to believe that no one should focus on Alan's "failure" but only that he is now "restored" and deserves to be relieved of any responsibility or punishment for what he did. Would the same apply if an unrelated pedophile had committed the crimes? I think we all know the answer to that.

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NachosFlandersStyle
5 hours ago, Letgo said:

So what does this mean? That Alan is "better" than others because he sinned and repented?

That's how I read it, too. Like someone who commits actual crimes is good as long as he "honors his father," while the brother who does the right thing but doesn't listen to Dad has evil in his heart. 

"The older brother was filled with human goodness. Human goodness is a substitute for Jesus. But while it looks good on the outside, it hides murder on the inside."

This quote particularly disturbs me. So acting like a decent human being is just "looking good on the outside"? Do anyone's actions matter at all, or is it just a question of who respects their father more?

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Happy
ViolaSebastian

If that passage is a thinly-veiled metaphor for the Captains feelings about his son, which I think it is, I find the language he chose to be highly revealing. To me, "failures" are things like signing up for an 8am class and then flunking because you never went to class, screwing up really badly at work and losing your job, starting a business that goes under, or not being able to pay your mortgage and losing your house. But raping one's own child? That's not a "failure," that's a heinous, heinous choice that Brett Jr. made. That's not a mistake, or a failure, that's an horrific crime. 

Edited by ViolaSebastian

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luv2laugh

This story is extremely disturbing. This case along with the Willis clan child rape have really disturbed me. I wonder why the Willis case moved so much quicker than this one.

I can’t understand what could make someone commit the worst crime. He needed to leave the family and get psychological help, not rape his own child.

Edited by luv2laugh

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Letgo
17 hours ago, luv2laugh said:

This story is extremely disturbing. This case along with the Willis clan child rape have really disturbed me. I wonder why the Willis case moved so much quicker than this one.

I can’t understand what could make someone commit the worst crime. He needed to leave the family and get psychological help, not rape his own child.

I think the Willis case moved faster because the dad pled guilty. I don't think Alan is willing to do that. At least there has been no indication of that since he has been in jail for about 20 months. Perhaps he thinks he has a "ministry" in the county jail and he is "serving" his fellow inmates. You know, since he is such a nice guy with a good heart.

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JustAnotherMaiden

Alan (Bret Alan Smith II) has pled guilty to two counts of child molestation. There is a public post on Michael Morton's (Jr, Kressent's husband) Facebook page. 

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CTRLZero

Here is the text of his public post:
 

Quote

 

Having received the long awaited news that Bret Alan Smith ll, having dropped his pretense of innocence, has pled guilty to child molestation (2 counts) in a plea bargain with the state of Georgia;

I now take opportunity to thank God, who has granted vindication to the victims.

And to thank His ministers, the civil servants and law enforcement personnel who have worked to investigate and bring to justice the perpetrator of horrific acts against the most vulnerable amongst us.

I now hope that my sister and her children can move on with recovery and a new life free from the betrayal and predation that has characterized their life under Alan for many years. May God repay liberally those who so selflessly aided my sister and her children in their time of need.

And may He recompense those who, though knowing of his pedophilic activities, chose to not only support and defend him at great expense, but to also cut off and defame both the victims and those who chose to render them aid in this time of their greatest distress.

Now Alan (and his supporters) will have plenty of time to think over the actions that have led to such heartache and tragedy. May God grant them repentance and the ability to move beyond denial and begin to deal with the reality of who Alan is and what has been lost by supporting him.

May the courage that my sister Katie showed by securing the safety of her children serve as an example to others who may find themselves trapped in similar horrific situations that far too often go unreported and unresolved.

 

 

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Mrs. Bean

May Alan rot in hell for what he has done! My husband is a victim and a survivor of childhood sexual abuse by two people, one of whom is a relative. It has tremendously impacted his life and he is still struggling 30+ years later. I just hope the victims get the help they need and move forward and lead normal lives. 

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Meh
formergothardite

I"m glad he plead guilty so the victims wouldn't have to endure a trial. I hope he spends the rest of his life rotting in jail. The "Captain" can go fuck off too. 

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browngrl

I wonder how Alan's parents are going to spin this?

In any case I am glad the children will be spared testifying in court and I'm glad Katie is out and I'm glad she has the support of her sisters and brothers. However I wonder where is the Morton father in all of this? I have seen the occasional post praising Katie from her mother but from the father ....nothing. I would have expected a post like Michael Jr's to come from the Morton patriarch. I don't know if this silence is because they prefer to keep things private (but then why would Michael Jr post or why would the other brother start a go fund me??) or if it for some other reason e.g. father is not well. 

I wish they would either start their blog again or Martha would write about his sisters instead of her brothers.

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lexiloumarie

Michael Morton Sr hasn't had an active online presence in quite a while. The family blog was exclusively Addie and Jeannine it's last few years, and I haven't ever seen him on other social media. 

I'm glad there has been something to bring closure to the family after everything. I doubt he'll actually act or feel remorseful but at least the threat of a trial isn't over their heads now. 

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NachosFlandersStyle

Does anyone know what kind of sentence that carries?

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hoipolloi
3 hours ago, JustAnotherMaiden said:

Alan (Bret Alan Smith II) has pled guilty to two counts of child molestation. There is a public post on Michael Morton's (Jr, Kressent's husband) Facebook page. 

A relief and about as a good a conclusion as one could hope for. Very glad that there will be NO court appearances, testimony, etc. for the victims and others.

Michael Jr.'s FB message is clear and powerful, which is good. This sentence, though, is absolutely chilling:

Quote

I now hope that my sister and her children can move on with recovery and a new life free from the betrayal and predation that has characterized their life under Alan for many years.

 

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caitrona

I find it really interesting that Kressant (Michael Jr.'s wife) posted this article on her (public) fb:  http://www.christianitytoday.com/ct/2018/january-web-only/rachael-denhollander-larry-nassar-forgiveness-gospel.html  There's a lot in there that I'm sure she'd like to send, highlighted & with many exclamation points in the margins, to her parents.  This sums it up: 

Quote

 

You have that dynamic with evangelical churches where you have the reputation on the line and the perceived reputation of the gospel of Christ. But often, if not always, people are motivated by poor theology and a poor understanding of grace and repentance and that causes them to handle sexual assault in a way where that a lot of predators go unchecked, often for decades. When you see a theological commitment to handling sexual assault inappropriately, you have the least hope of ever changing it.

It’s devastating enough when money and medals are put against sexual assault victims. But when the gospel of Christ is wielded like a weapon against sexual assault victims, that’s wicked. There’s no other way to say it.

 

 

Michael's description of "2 counts of child molestation" isn't specific enough to say for sure, but according to Georgia's sentencing codes it looks like he'll serve between 5 years to life, depending on if they're both counted as a first offense (5 - 20 years), or a first and second (10 - 30 years), and if that second offense is serious enough (10 - life, if the state seeks it).  https://law.justia.com/codes/georgia/2010/title-16/chapter-6/16-6-4/  

If he is paroled, the state can require him to undergo chemical castration as a condition of probation if the mental health experts in prison think it would prevent him from re-offending.  http://www.georgiadefense.com/molestation.cfm  

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Tatar-tot

I never thought this would happen. Hopefully the Morton clan has time to recover after this and Alan is in jail for a long long time.

Question to the legal eagles:  Will Alan have to alacute(sp?) to his crimes?

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Lurky

Like everyone, I am so relieved that the victims don't have to go through the stress of court appearances.  I just wish Alan hadn't waited, what, 20 months? before doing the least-awful thing.

And damn, I hope Brett senior doesn't try any bullshit about this.  His painting of Alan as some kind of Christ-forgiven penitent who everyone should forgive, when Alan was sitting in jail, choosing not to plead guilty, was especially disgusting. 

My thoughts with the victims, and with Katie.  I can't imagine what happens to them next, but I hope the victims had support and can recover.

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