MA - Joseph Gardner rapes another toddler while out on bail.

  • #21
If there's so much outcry when something like this happens, where's the outcry in the State legislature sessions when these crime bills are being worked out? Who's lobbying for low bails and no bails for rapists? Who's electing judges who go easy on child rapists? I'd really like to know.

Once again, look up your state Crime Victims Advocacy Group and get involved. Sign petitions, send emails to your state representatives. If you don't want low bails, scream louder!!
 
  • #22
finally - a judge who's holding him w/o bail (well, for at least 90 days anyway)

<snip>

Gardner lost a bid to force the girl to testify when his dangerousness hearing began Wednesday.

Today, Plymouth District Court Judge John Julian ordered Gardner held without bail for 90 days and set a Feb. 9 probable cause hearing.


http://www.bostonherald.com/news/regional/view.bg?articleid=1219834
 
  • #23
  • #24
The 26 year old was accused of raping a 5 year old in August
released on bail
Gardner is now accused of raping a 3 year old
INTIMIDATING a witness...
...So I have to wonder-who gave this animal access to the three year old

:cry:​




there are no words...
 
  • #25
I always hate it when they put a child's attacker out on bail. Here is the kid who is trying to cope and recover with what was done to him/her. Often having nightmares about the attacker coming after them again, and having to relive everything that happened for investigators.

And then, while it is all still fresh in the kid's mind they let the perp go with an unsupervised release, with the kids knowing that he will be mad because they are talking. How do you reassure a kid like that that he won't come after him? At least when the perp is in jail, you can be assured that the kid isn't going to run into him on the street and comfort them after their nightmares that he can't get out of jail.
 
  • #26
A little more info on this perp as well as the name of the two judges who reduced his bail from what prosecutors originally requested...
http://www.thebostonchannel.com/news/21970905/detail.html

From the link:

snip...Joan Kenney, spokeswoman for the state&#8217;s courts, said the Code of Judicial Conduct prohibits Walker from commenting on the pending Gardner case. When considering a bail amount, Kenney said judges consider a defendant&#8217;s prior criminal history, ties to the community, history of mental illness and the nature of the offense.

&#8220;The purpose of bail is to assure that a defendant appear at the next court date,&#8221; Kenney explained. &#8220;It&#8217;s not preventative detention.&#8221;


snip...Prosecutors also asked Brownell to order Gardner to stay away from the alleged victim, her siblings and witnesses, according to DA spokeswoman Bridget Norton Middleton.

She said the bail revocation statue requires judges to consider whether defendants&#8217; pose a potential danger to the community if released.



Oh, I see why he let him out on bail now! Let's see, there is a vulnerable victim unable to defend themself against the suspect, and a suspected danger against all kids. It is all kids, so it doesn't count! And he has a criminal record, but it is only a DUI, but he is out on bail for that so it doesn't count. (Sarcasm intended!)

He is out on bail for DUI, then he breaks into a home and attacks a kid. Not considered a big issue, so when he gets out bail, he attacks another kid, banging her head and assaulting her! Yeah, I can see how that would make sense to him. (Sarcasm also intended)

Seriously I have heard that the reason crimes against kids get put off so lightly is because they can't vote. But the parents can so I don't know how true that is. At one time crimes against women (rape as well as DV) were treated the same way. It took a lot of lobbying to get it changed in rape situations and still hasn't changed in DV situations. The key seems to be in DV situations that though they may still be a danger to the DV victim, they aren't a danger to the community at large usually. But in this case he is a rapist. Rape is defined as a crime of violence. But the judge or judges apparently don't believe that. I wonder what the history for these judges and bail is for say property crimes or drug offenses? Do they get out with no bail needed?

Oh and he was already out on bail when
 
  • #27
Bail is not preventitive detention, it is to ensure the defendant returns for trial.

I see. In otherwords it has nothing to do with whether or not the community will be safe from the defendant. That is the wiggle room for the judge. I hope both of them sleep well at night knowing that they were the ones who stood between a 3 year old and her VIOLENT rape.
 
  • #28
July 2010:

A Kingston man awaiting trial in two child-rape cases was arraigned Wednesday on charges of raping a third child on hundreds of occasions earlier this decade...

Plymouth County prosecutors say publicity from those two cases prompted the victim in the latest case to come forward...

Gardner is accused of raping the child on 300 to 400 occasions from 1999 to 2002. The girl reportedly told a counselor about the alleged abuse.

http://m.wickedlocal.com/article/20100723/News/307239429
 
  • #29
December 2009:

Seven hours passed before she took her 3-year-old daughter to the hospital. In that time, the woman testified Friday, she was offered hush money and went so far as to drive to meet the man who is now charged with raping her little girl...
Gardner&#8217;s attorney, Jack Atwood, used the hearing to raise questions about the mother&#8217;s truthfulness and how forthcoming she was with investigators.

http://m.heraldnews.com/article/20091221/news/312219969
 
  • #30
August 2012:

A Kingston man has been cleared of charges that he broke into a home and raped a 5-year-old girl in 2009, one of three child-rape allegations he faced. The other two cases are pending.
On Monday, a Brockton Superior Court jury found Joseph H. Gardner, 29, innocent of child rape and breaking and entering. Prosecutors accused Gardner of breaking into the girl&#8217;s grandmother&#8217;s Kingston home and assaulting the girl in August 2009...

Gardner is still in jail because of two other child-rape cases in which he is the defendant. He is charged with raping a 3-year-old girl in Kingston in December 2009 &#8211; two months after he was released on bail in the case involving the 5-year-old...

Jack Atwood, Gardner&#8217;s attorney, said one of the key witnesses in the trial that concluded Monday was a nurse who said she heard the alleged victim admit that she was lying about the allegations against Gardner.

Article archived on the "Caring for our children foundation" website, no longer available on the Patriot Ledger msm website.

http://www.caringforourchildrenfoun...n-acquitted-in-one-of-three-child-rape-cases/
 

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