How Vile Can Attorneys Be? Savannah Dietrich: I’m Not Protecting Anyone That Made My Life a Living Hell

Savannah Dietrich’s parents say they do not want their daughter’s identity shielded. Savannah, 17-years-old, was raped by two teenage boys, who took photos, and then shared them with someone(s). The attackers pleaded guilty to first degree “sexual abuse” and “misdemeanor voyeurism.” Looks  much better on police records than “rape,” which is the charge. Ms. Dietrich’s attorneys accepted a plea agreement with Defense Attorneys. Dietrich was not consulted, and found out minutes before it was announced in court. The Judge issued a gag order about the incident. Outraged, Savannah tweeted the names of her teenager rapists, but no details of the actual attack. The Defense Attorneys want to hold her in contempt of court, fine her and put her behind bars: (see important UPDATES below) – MOST IMPORTANT UPDATE: See the names of the two rapists here.

Savannah Dietrich

“There you go, lock me up,” [she] tweeted, as she named the boys who she said sexually assaulted her. “I’m not protecting anyone that made my life a living Hell.”…

…the attorneys for the boys have asked a Jefferson District Court judge to hold her in contempt because they say that in naming her attackers, she violated the confidentiality of a juvenile hearing and the court’s order not to speak of it.

A contempt charge carries a potential sentence of up to 180 days in jail and a $500 fine.

“I’m at the point, that if I have to go to jail for my rights, I will do it,” she said. “If they really feel it’s necessary to throw me in jail for talking about what happened to me … as opposed to throwing these boys in jail for what they did to me, then I don’t understand justice.” Source: Outside The Beltway

Apparently Ms. Dietrich’s attorneys were distracted, maybe a text came in or they were playing Angry Birds:

When Judge Dee McDonald admonished everyone at the hearing not to speak about what happened in court or about the crime, Dietrich said she cried.

‘They got off very easy… and they tell me to be quiet, just silencing me at the end,’ she said.

Afterwards Miss Dietrich tweeted, ‘They said I can’t talk about it or I’ll be locked up… Protect rapist is more important than getting justice for the victim in Louisville.’

David Marburger, an Ohio media law specialist, said Dietrich should have tried to get the courts to vacate the gag order rather than simply violating it.

She’s 17. How would she know without her counsel guiding her? And where are her First Amendment Rights, and who is standing for them?

The Volokh Conspiracy believes the Judge’s order barring the rape victim from outing the names of her rapists is “clearly unconstitutional,” even though everyone involved are juveniles…

[She] revealed what she knew even before the trial — the names of her attackers — and that they are juveniles cannot strip her of her First Amendment rights on this score. And while she also revealed that they got a plea bargain, something she presumably learned through the court proceedings, that strikes me as the sort of information about the court system and the prosecutor’s office that the state cannot stop people from revealing.

…she seems to have violated the court order, rather than challenging it when it was entered. (All this is based on what I read in the newspaper story, which I realize may not be fully accurate.) Under Walker v. City of Birmingham (1967), a person generally is not allowed to violate even an unconstitutional court order; he must challenge it on appeal (or via a similar procedure, such as mandamus), or abide by it. But even that “collateral bar” rule has an exception for “transparently invalid” court orders, and it seems to me this exception applies here. And in any event, the collateral bar rule can’t justify the judge’s decision in issuing this order.

The Defense Attorneys won, at least for their guilty clients. They got their deviant “boys,” off with little punishment (and we don’t know what the punishment is, if there was one, because of the gag order). The names are already out there. What’s wrong with these DA’s? They can’t change the notches on their court losses, so why not leave her alone and tell the filthy little morons to shut-up, grow up or be ready to spend the rest of their lives in prison for the next offense? That’s the best advice attorneys could give the monsters who are probably about 6′ tall and meaner than hell. It’s almost enough to make me wish it on the daughter of the DA – almost, not quite.

UPDATES 7-23-12 10:05 am CDT: The name of one of Ms. Dietrich’s attorneys is Emily Farrar-Crockett, a public defender in the Juvenile Division.

Farrar-Crockett said Dietrich looked at the laws of confidentiality before she tweeted and “tried not to violate what she believed the law to be,” not tweeting about what happened in court or was in court records.

But as mentioned in my article, it appears Farrar-Crockett did not try to get the gag order amended or vacated.

David Marburger, an Ohio media law specialist, said even if the judge is limiting freedom of speech with an order, “it doesn’t necessarily free you from that order. You have to respect the order and get the judge to vacate the order or get a higher court to restrain the judge from enforcing the order.”

The Judge appears to be Judge Dee McDonald:

Judge Dee McDonald has not ruled on a motion to allow the newspaper to see the motions filed by attorneys for Dietrich, but she denied a reporter access to a hearing earlier this month where an attorney for the newspaper made an initial motion to intervene in the case.

Savannah’s Twitter account, which revealed the names of the heathens, has been closed.

So, we have a female attorney who did not protect her client, and the name “Dee” is usually a female name – so, a female Judge who had three minor in her court and protected only the criminals.

The attorneys for the cretins are Chris Klein and David Mejia (no firm name mentioned).

H/T BadBlue.

  • America … an Obama-nation. I could say more, but I won’t.

    • Luke

      Carl, last time I checked, Obama didn’t write the constitution or court laws. He hasn’t even finished his FIRST term Carl. Cool it down over there in South Dakota will ya?

  • If that was my daughter they’d find those two punks in the woods

    What’s left of them, anyway

    • George

      Maybe you would do better spending your time being a wonderful Father figure in your daughters life. Start by telling her how much you love her and how beautiful she is and that she should never find herself “passed out” at a party from drinking.

      • georgejgaines, maybe her father did exactly that, but what does that have to do with what these jerks did?

      • Nichole

        George – by saying that she should never have found herself “passed out”, you’re saying that she brought the rape upon herself.

        Way to be a disgusting human being.

        • George

          Nichole – I’m saying we need to all take responsibility for our actions.. All of us.

          • djb

            George – you, sir, are an idiot

            • TJC

              Yeah George, how dare you try and assign responsibility for one’s own actions! Bigot! You white privelege patriarchs all preach self responsibility! What if I am unable to be responsible for my own actions. I frequently engage in homosexual acts with many different lovers, I never tell them I am HIV+ because it is none of their business! Now you expect me to share something as deep an personal as my pozzed up status with men I hardly even know?!?! There’s a special place in hell for people like you George, my unitarian minister told me this before she took me to the clinic to help me re-assign myself to the proper gender construct I feel I am. Only a bigot like you would never understand that!

          • seriously

            So you think being raped should in fact be a reasonable response to drinking too much as a teenager.

            What if they had tied her up and tortured her? That okay too? Her fault for not being responsible?

      • MC

        You should truly be ashamed of yourself. What would your mother think of you acting like this?

    • Jonna

      Considering they will never be on the KY sex offenders website, at least you should have the following info:

      Rapist #1: AUSTIN ZEHNDER, SON OF RON AND SUSAN ZEHNDER, 6803 HUNTERS RUN PL, PROSPECT, KY

      Rapist #2: WILL FREY, III, SON OF WILLIAM (BILL) AND WANDA FREY, 309 CORALBERRY RD, LOUISVILLE, KY

      They both play for the Bluegrass Bats Lacrosse Team http://www.bluegrassbats.coms Look at the “donor” page. One financial supporter of the team is the Kentucky Department of Juvenile Justice. Go to the DJJ webpage and see that one of the people responsible for distributing State grants (money!) is Laura McCoun McCauley, whose son Ryan McCauley is a defenseman and Trinity HS student with the rapists. So if DJJ financially supports the team, and they are tied to the juvenile court system in KY, does something stink about how the judge has silenced the raped girl and quietly plea bargined a light deal?

    • Kim

      Where does it say the boys raped her? I do not see that in the charges. One can be charged with sexual assault for tapping someone on their bottom. Those were not the charges? Where is the rape kit? Where were her parents while she was drinking with the boys? Why were boys in the house without parents? No one deserves to be violated but was there a violation? I was a victim and a rape crisis counselor and none of this adds up….before everyone jumps to conclusions they should seek out the facts. The media keeps saying about how the boys pleaded guilty but people plead all the time it does not necessarily mean it is true but what they are advised to do. I don’t believe they would have ever pleaded guilty if they thought this was going to go public by the gag order being violated.

  • EBL

    Is there a Godfather in her neighborhood having a wedding for his daughter anytime soon?

  • lin

    The criminals should get 10 strokes of the rattan for each offense.

    • lin, I can think of another way to use that “rattan.”

  • So where can we find the names of the rapists, so that every one of us with a website can post them?

    • Steven, I tried to find her Twitter account yesterday when I wrote this. This morning a yahoo blog article says it has been closed. If you look for #SavannahDietrich or her name without the hashtag, there is a petition started to get the charges dropped and to support her.

    • Steven, I’ve updated the post with the name of the Judge, a female, and her public defender, a female, and the names of the attorneys for the beasts.

      • Liz

        Austin Zehnder and Will Frey…names of the criminals, keep the names out there so the public knows who to watch out for!

        • Liz I will print these names as soon as I can find a confirming source. NYPost had the names in comments, but they’ve been removed. I see the names on blogs and in blog comments, but cannot confirm then. I have to have confirmation before I put the names up. Thank you, and I will keep checking to find a source. If you know of one, please let me know.

    • Jchon

      I agree! Give me their names and I will repost them. The victim is being punished, not the actual criminals. What happened to a Just country, not a liberal one that protects the criminals.

      • George

        I would NEVER condone what these boys did. In fact it was wrong and evil of them to do.
        But while everyone is using their time with this witch hunt for the boys and the judges names, maybe we could take some time to post messages to the young adults in this country about the dangers of underage drinking and drug use.
        For a 17yo to be at a party “passed out” from drinking (maybe even drugs)and nobody sees a problem with that we are a passive people and no different than the coaches and admins at Penn State that said nothing to Sandusky.

        • George, if she didn’t learn her lesson that night she never will. The government chooses to spend our tax dollars on buying condoms and teaching our children how to put them on. This story is about the courts protecting everyone but the victim. It happens all the time. That’s the message I would like to get out.

          But…parents seem to think teenage drinking is just what teenagers do. No one but parents can make a difference with this problem.

        • Why don’t you try NOT blaming the victim? It does not matter one iota if she was drinking, sober, wearing a suit of armor or a bikini. She has the right to NOT be raped. The boys involved do not get to have any excuses to rape a girl. Stop thinking with your privilege and start supporting victims.

          • George

            Aaron thats part of the problem. You think that it “doesn’t matter” that a 17yo would be drinking. And it does.

            • Jan

              Yes, teenagers should not be out drinking, but that does NOT have anything to do with the rape. The point is that there is absolutely no circumstance where rape is acceptable. It is never the victim’s fault.

            • George, she is 17. Give her a break. She put herself in a vulnerable place, but she far from the first to do so. I bet she never does it again. There is no behavior that deserves rape or any kind of sexual molestation.

  • RunCockroachRun

    Not just the rapists’ names, but the judge’s name as well. The victim’s name appears in the 2nd paragraph of the story, but from what I can see of the story the judge’s name does not. Might appear later but I can’t see more than the first page.

    Inquiring minds and all.
    http://www.courier-journal.com/article/20120720/NEWS01/307200106?gcheck=1&nclick_check=1

    • Peter

      Judge Deanna Mcdonald

      • Jonna

        According to the Commonwealth of Kentucky, Judge Dee McDonald’s mailing address is

        8001 Montero Court
        Prospect, KY 40059

        A quick look on google maps shows that there is a pool there and the neighborhood is upper class.

  • RunCockroachRun
  • I’m with RR. And Dee McD would be searching for a new career. Clearly this judging business is beyond the skillset.

    I’m with Steven as well: These two punks have no appreciation of consequences or of public shame. Yet.

  • Peter

    someone please burn this country down so we can start over

    • Peter, that would help us sanitize everything, wouldn’t it? I feel the same way. The best place to start will be with Romney firing everyone in the State and Justice Departments and us winning the Senate.

  • I see that Shar’ia is alive and well there. Shield and protect the criminals and vilify the victim.

    What is next for this judge stoning the victim for adultery? Why not? The criminals are just doing what comes natural for men.

  • Medbob

    There are many situations that need deep introspection. It is easy to argue for secrecy, but such secrecy and darkness is antithetical to our intended Constitutional Republic. I would argue that ANY imposed lack of transparency is harmful to The People.
    The only exception for that would be deeply covert defense activities overseas. These should be vetted by disinterested Inspector Generals from outside the covert organization. ALL other things touched by Government MUST be transparent and available for the asking.
    Such transparency requirements would require changes to many, many things about government. There would be much that would be required to be paid to insure this level of transparency. That would include the Juvenile Justice system. That would include sequestration impositions on Juries. That would include the ability for juries to ask ANY questions that they desired to resolve their cases.

    What we see around us is the system eating itself over secrecy.

  • Pingback: Savannah Dietrich Rapists Voyeurs Austin Zehnder Will Frey – Video: Contempt Charges Dropped | Maggie's Notebook()

  • Trishk

    I am thinking that there should be sanctions against the school also…unless of course the school removes the boys….

  • Don

    And what about Dee McDonald, the judge who actually started all this foolishness? Does she have a single shred of common sense? What was she thinking?

    What’s interesting is that she’s an elected judge. Have look at her profile here

    http://www.citizensforbetterjudges.org/endorsements/mcdonald.htm

    Does Kentucky have provisions for recall or impeachment of judges?

    At least during the next election campaign people need to be seriously campaigning to have this person gone form the bench.