Jalen Kitna - plea deal

The arrest report does not substitute for evidence and testimony. This would not be the first time that an arrest report oversold what took place

 

Rule #1 - Don't trust the popo.

 

They do tend to overcharge.

Had a friend who’s son and a friend ((15 yo)of his went to the home of a female classmate that the friend was sweet on. It was summer, parents not home, she was not supposed to have boys over and the kids were horsing around, one of the kids locked the girl out of the house for a minute and the other picked up a golf ball from a golf bag he had given her. Mom drives up and calls the SO. Kids were charged with home invasion robbery and liable for a long long term of imprisonment. Iirc, charges later reduced to nothing burgers. Also happened in Alachua County. .

 

I guess I thought it was strict liability or close to it. You're saying the government must prove that an adult in possession of CSAM subjectively knew (as opposed to objectively/reasonably should have known) the persons photographed or recorded were under the age of 18? It's been my understanding, for example, (and I could be wrong), that mistaken age isn't even a defense to statutory rape in most jurisdictions- even in an extreme case where the minor is post-pubescent and even lies about being 18 or older. In any event, IF the reporting here is accurate, at least one of the materials didn't present those more complicated sets of facts.

 

One of my very good friends got off the Sex Offender Registry 3 years ago. His crime, Statutory Rape 52 years ago. His now dead father in law had him charged when he was 19 and his still wife of 49 years had sex when she was 16. He served 2 years in jail (stupid) and they got married 3 days after his release. Please someone tell me how this protected the public and how he should have been a registered offender since 1992? Stupid law with a very bad result. Luckily the state of Texas changed some laws that allowed him to leave but it still cost him $12,000 in fees and for most of his life he lived with a very bad stigma attached to his name. I never had any trouble with him having our girls over to play at his house with his children whether his wife was at home or not.

 

Interesting question. Back in the 80’s or so, there was a famous porn star that turned out to be under age. Prisons would have definitely been overcrowded if they arrested everyone who owned her videos. I have no idea what the law actually states but it doesn’t seem fair to prosecute someone who couldn’t have reasonably known the age.

 

Maybe it was a huge rush to judgment or UF just felt they had to make a quick decision. Regardless I really was looking forward to seeing what Kitna could do this year. I know we got just very brief morsels of Kitna in a few games but what I’ve seen from the current two QBs he definitely could have been our starter. I understand how damaging those initial reports were on his arrest so I don’t fault the AD’d decision. But now we lost two potential QBs in Kitna and the rapping recruit from Jax.
With an extremely tough schedule gonna be a difficult season to better last season.
But I do have high hopes for Billy to turn us around.
Vegas over/under on wins is 5.5.

 

Traci Lords who was 15 or 16 when she began her career.

 

Bumping this for new info…

Kitna released a statement…

Former University of Florida Quarterback Jalen Kitna Speaks Out After Child Pornography Charges Dropped

Claims that the police admitted they found nothing illegal on his phone… He maintains the photos were found on “legal” porn sites and there is/was no evidence it was underaged girls.

Question being debated on Swamp Gas, if what Kitna is saying is true, can/should he sue the police?

 

I hate this for the young man, seems like a rush to judgment on a lot people’s part.

 

I never saw the police report and not sure it was ever published. I did see media reports of the purported allegations, which were detailed and awful. IF what he is saying is true, horrible it got that far and ruined his career and reputation. Hard to be certain if it would have mattered in any give case, but this is probably a good reminder that talking to the police or conceding anything is almost always more likely to hurt you than help you.

 

I would say yes, and the network that flagged the image

 

For at least one of the pics, he reportedly says only part of the person was shown. Maybe there could be a grey area there about her age or exactly what body part was depicted or whether it was inherently sexual?

In contrast, the reported allegation about a video with a very young girl with an adult would seem to be very obvious and very straightforward. It's hard to imagine how there could have been any subjectivity about that? It's also not clear to me if the charges were actually "dropped" in the sense I would typically think of them being dropped like a nolle prosse. I know some states have statutes where someone can plead no contest and the charge is technically dismissed after a period of probation. If that's what happened, it doesn't necessarily mean the evidence wasn't compelling or that the charge wasn't legit.

Whole thing is weird to me.

 

Can he still throw a spiral?

 

I doubt that Kitna is lying, but on the other hand, Hunter Biden…….

 

This is all very confusing. Normally the images that would trigger a NCMEC alert are ones where the images have been repeatedly established in multiple courts to constitute child porn. Another possibility is that image itself didn't cause the alert, but rather it was submitted to NCMEC's Cyber TipLine, which in turn generated the alert.

The image of a portion of a female involves other issues. Child erotica, as distinguished from child pornography, is not illegal. That's why Aunt Bessie doesn't get busted for those pictures she took of you in the bath tub when you were two. If the child is merely naked, not engaged in sexual activity, either to self or others, and the child's genitalia is not the main focus of the image, it is not illegal. If the photo of the body part is genetalia, obviously it is the focus. That leaves the issue of establishing the age of the owner of said body part. If it's a photo of something else, it's not porn.

Kitna was arrested on 5 charges. Per the Alachua County Clerk's website, three charges were never filed. Two were filed as misdemeanor disorderly conducts. He did not enter any plea whatsoever to the 3 that were not charged, including pleas in abeyance, which is what your were describing.

We are obviously missing a very significant portion of the "picture."

 

Yep. I tried telling people that.

 

You sounded like you may have had more info. Now that Kitna has been largely deemed not guilty anything more you can share?

 

What I was basically told is that it was not clear the pictures on his phone were of underage females and it was going to be very difficult for the prosecution to prove it was child porn. Due to that and Jalen's lack of criminal history, the charges were likely going to be dropped.