ICv2 and other are reporting that Christopher Handley’s sentencing has been set for January 25, five months later than the original sentencing date. Needless to say, the outcome of Handley’s case has broad implications, not just for manga, but for all forms of expression in the United States.
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I am not an American, but I do not approve this. There is a line that separates reality from fantasy, and only those who cross it should be prosecuted by the law.
One of the scariest tale I have ever heard in my whole life is one of Issei Segawa who drew a manga about what had made him famous. The law is full of holes.
Besides, what’s up with this blog? I really used to like your newspaper columns and analysis.
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Thanks for your comments, and your kind words about my other work. Life has become too hectic, and I’m afraid I just don’t have time and energy to work on the blog. I haven’t abandoned it completely, though. (^^;)
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The sentencing has been rescheduled to Feb 11. I checked the court schedule.
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Yes, I saw the schedule change, but none of the other information given in articles on the change was substantiated with sources. This might be (relatively) good news for Mr. Handley, but there’s no point in speculating.
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The prosecutor is either delusional or trying to gain popularity.
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“Delusional”? Unlikely. “Trying to gain popularity”? That’s one way to put it. Whether they’re elected or appointed, prosecutors want convictions to add to their resumé and their reputation. All too often, that means that “justice” takes a back seat to getting a conviction. That’s not the way it’s supposed to work, but unfortunately it is. Prosecutorial misconduct is rampant, and the penalties are little more than a slap on the wrist. As for defense lawyers, you get what you pay for, so people with limited means all too often get incompetent defense lawyers who are all too willing to take a plea bargain, regardless of guilt or innocence.
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It would help very much to to have all juries notified about nullification.
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Christopher S. Handley and the prosecutor have now both filed their sentencing briefs. They are jointly recommending that the judge sentence Handley to six months in federal prison, followed by five years of probation. The only remaining dispute is about some of the conditions during the five years of probation, in particular: (a) whether there will be limits on his use and possession of computers; (b) whether he will be forbidden from contact with minors (including his own relatives) and prohibited from loitering within 100 yards of schools, etc.; (c) whether he will be prohibited from viewing or possessing legal pornography; (d) whether he should be registered as a sex offender; and (e) whether or not the judgment should include an option for the probation office to require Handley to undergo inpatient mental health treatment (i.e., additional incarceration in a hospital, following his six months of incarceration in a prison).
The prosecutor’s brief includes a lot of facts that had not previously been publicly released, including: (1) the names of the seven books that Handley ordered in May 2006; (2) the hilarious name of the postal inspector who opened the package; and (3) what sort of images it was, found in the books, that caused Inspector Raper’s concern.
Here’s a long quote:
On May 12, 2006, Des Moines, Iowa, United States Postal Inspector Troy Raper was contacted by a Chicago, Illinois, Postal Inspector, who informed him that special agents from Immigration and Customs Enforcement (“ICE”) had intercepted a mail package coming into the United States from Japan addressed to “Chris Handley,” in Glenwood, IA, with a return address of “cosplay cafe/Tomo Kawa.i.” The package contained seven books depicting the obscene sexual abuse of children. The books are generally described as:
Book 1) “unfinished school girl” (presented by TAMACHI YUKI) (LE Comics);
Book 2) “I [heart] DOLL” (MAKAFUSIGI presents) (Seraphim Comics);
Book 3) “for ESSENTIAL 3″ (THE ANIMAL SEX ANTHOLOGY Vol.3) (Izumi Comics);
Book 4) “NEKOGEN, Neighboring House Family” (MD Comics);
Book 5) ISBN4-89465-172-6 (No English language title found) (Seraphim Comics);
Book 6) ISBN4-89465-222-6 (No English language title found) (Seraphim Comics); and
Book 7) ISBN4-89465-193-9 (No English language title found) (Seraphim Comics).
Each of these books contained numerous cartoon drawings of minors engaging in sexually explicit conduct. On May 12, 2006, Inspector Raper received from the Chicago office a package containing the seven books and the Express Mail packaging they had originally been inside.
A few examples of the numerous visual depictions/cartoons contained in each of the books include:
Book 1
A. (S/M)2 (M)3 (L/E)4 – a minor female (#1) is tied up with her arms behind her back by another female (#2). Female #2 proceeds to masturbate and digitally penetrate the genital area of the minor female #1. The genital area of minor female #1 is frequently shown.
B. (S/M) (M) (L/E) – a minor female is shown masturbating as a minor male observes. The minor female then performs oral sex on the minor male. The minor female and the minor male then have genital- to-genital intercourse.
Book 2
A. (S/M) (L/E) – a minor female is shown being given money by a male subject. The minor female is then observed engaging in oral and genital sex with male subjects.
Book 3
A. (S/M) (B)5 (L/E) – The story depicts a minor female being raped by a pig by genital-togenital intercourse. The scene continues as the pig is depicted ejaculating inside the genitals of the minor female. One of the final scenes shows the nude minor female sitting up with her legs open, with pig semen coming out of her genitals as two pigs watch.
Book 4
A. (S/M) (M) (L/E) – Scenes show a male subject smacking a minor female. The next scenes shows the male subject pointing to his erect penis. The scenes continue with the minor female performing oral sex on the male, masturbating her exposed genitals, and engaging in genital-to-genital sex with the male subject.
Book 5
A. (S/M) (M) (L/E) – The images show a minor female performing oral sex on a male penis. The scenes show the minor female.s nude genitals as she masturbates. The scene continues as the minor female and the male subject engage in genital-to-genital sex.
Book 6
A. (S/M) (B) (L/E) – A minor female is shown being penetrated from behind by a male.s penis while the minor female is performing oral sex on a dog. The scene goes on to show the minor female.s genitals being penetrated by a dog. The following scenes show the minor female.s exposed genitals ejecting dog semen.
Book 7
A. (S/M) (L/E) – The pictures show a minor female depicted as sleeping when a young male approaches her bed. While she sleeps, the male uses her mouth and hand to masturbate himself until she wakes up. The pictures continue to show the two engaging in genital-togenital sex.
B. (S/M) (L/E) – The picture shows a minor female masturbating male #1.s penis while performing oral sex on male #2. Male # 2 is shown holding what appears to be a camcorder.
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2 SM = sadistic or masochistic.
3 M = masturbation.
4 L/E = lascivious exhibition of the genitals of pubic area of an person.
5 B = bestiality.
(“Sentencing Brief”, February 10, 2010, U.S.A. v. Handley, No. 1:07-cr-30, S.D. Iowa)
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quote from Anime News Network -
Christopher Handley, the Iowa man on trial for possessing manga “drawings of children being sexually abused,” was sentenced on Thursday to six months in prison. Following this sentence, Handley must serve three years of supervised release and five years of probation. Both of these terms will start upon his release from prison and will run concurrently. Handley also agreed to forfeit all seized materials, including his computer. During Handley’s supervised release and probation, Handley must also “participate in a treatment program, to include psychological testing and a polygraph examination, as directed by the U. S. Probation Officer.” According to earlier court documents, this last provision is “intended to provide [Handley] with diagnosis and treatment for sexually and/or gender identity or other mental health issues.”
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