{"id":149,"date":"2003-07-29T23:26:00","date_gmt":"2003-07-29T23:26:00","guid":{"rendered":"http:\/\/brianjnoggle.com\/blog\/?p=149"},"modified":"2010-04-20T22:53:18","modified_gmt":"2010-04-21T03:53:18","slug":"149","status":"publish","type":"post","link":"https:\/\/brianjnoggle.com\/blog\/2003\/07\/29\/149\/","title":{"rendered":"<i>Ex Post Facto<\/i> Are Just Words from a Dead Language"},"content":{"rendered":"<p>In Waukesha, Wisconsin, they&#8217;re throwing the new book at a guy who surreptitiously videotaped girlfriends nude.  Well, not nude, since that&#8217;s <i>art<\/i>.  They were <i>naked<\/i>.  The <i>Milwaukee Journal-Sentinel<\/i> <a href=\"http:\/\/www.jsonline.com\/news\/wauk\/jul03\/157792.asp\" target=\"new\">reports<\/a>:<\/p>\n<blockquote><p>Avello was charged with two felonies in February for possessing the tapes without the women&#8217;s consent and producing them while each was &#8220;nude in a circumstance in which she had a reasonable expectation of privacy.&#8221;<\/p><\/blockquote>\n<p>A possible legal problem arises since the videotapes were made in the late 1990s, and the law that they&#8217;re rolling up and spanking Avello with was enacted in 2001.  Obviously, this would be an unconstitutional application, <i>ex post facto<\/i>, of laws.  But this is a <b>CINS<\/b> (Crime Involving Nakedness or Sex) situation, so it&#8217;s important to <a href=\"http:\/\/www.bartleby.com\/83\/\" target=\"new\">chillingsworth<\/a> this guy, lock him up for a decade or two, deprive him of rights to vote and own guns, and put his name in an extra bad database registry.<\/p>\n<p>One of the State&#8217;s men says:<\/p>\n<blockquote><p>Assistant District Attorney Ted S. Szczupakiewicz disagrees.<\/p>\n<p>&#8220;I don&#8217;t believe that time and place is relevant at all under the law as it existed in November, when the tapes were located and, according to the state&#8217;s position, found to be in Mr. Avello&#8217;s possession,&#8221; he told Binn.<\/p><\/blockquote>\n<p>There you have it.  <i>Ex Post Facto<\/i> overruled by an ADA.  Thanks for coming up with the idea, founding fathers, but it&#8217;s so eighteenth century.<\/p>\n<p>Just in case you bump into a judge who disagrees, Mr., uh, Ted, you can always charge Avello with <a href=\"http:\/\/stlbrianj.blogspot.com\/2003_07_20_archive.html#105924137548768957\" target=\"new\">not having a business license<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In Waukesha, Wisconsin, they&#8217;re throwing the new book at a guy who surreptitiously videotaped girlfriends nude. Well, not nude, since that&#8217;s art. They were naked. The Milwaukee Journal-Sentinel reports: Avello was charged with two felonies in February for possessing the tapes without the women&#8217;s consent and producing them while each was &#8220;nude in a circumstance [&hellip;]<\/p>\n","protected":false},"author":3334,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-149","post","type-post","status-publish","format-standard","hentry","category-government-overreach"],"_links":{"self":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/149","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/users\/3334"}],"replies":[{"embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/comments?post=149"}],"version-history":[{"count":2,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/149\/revisions"}],"predecessor-version":[{"id":6227,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/posts\/149\/revisions\/6227"}],"wp:attachment":[{"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/media?parent=149"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/categories?post=149"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/brianjnoggle.com\/blog\/wp-json\/wp\/v2\/tags?post=149"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}