Lawyer for molested teen says former cop’s defense is ‘morally repugnant ... legally deficient’

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It's because he's blaming the victim. This is a MAJOR SLAP ON THE WRIST!!!! It's called CHILD MOLESTATION, and how come he's not on the sex offender registry, served prison time (maximum) and suffer all the other punishment other average citizens charged with the same would face! Where is the outrage over this? Is it because he's a COP?

04/20/2007

LA PORTE -- The attorney representing a woman who was molested by a former Michigan City police officer at Elston Middle School several years ago says the officer’s lawyer is trying to place the blame on his client rather than accepting the guilt.

Attorney Doug Bernacchi asked in a motion filed in La Porte Circuit Court Tuesday that Judge Tom Alevizos should throw out several defenses proposed by Gary James’ attorney in a civil suit filed by the woman.

According to the motion, Bernacchi says that James is trying to shift blame to the victim, which in essence, he said, claims that she’s at fault for allegedly consenting to her own molestation.

James’ defense, therefore, is in direct opposition to his earlier criminal-court guilty plea of sexual misconduct with a minor, a Class D felony.

“James’ defense is not only morally repugnant, it is legally deficient,” Bernacchi said in the documents.

Bernacchi even makes light of one of James’ defenses. Regarding the defense that the minor knew “the dangers, hazards and risks,” Bernacchi said that sort of claim is more suited for a slip-and-fall case.

But James’ attorney, Peter Boyles, said this morning all that he is doing is providing all available defenses that could be afforded to his client.

“I want to protect my client. It would be malpractice to not raise them. The defenses may apply to some,” he said.

The woman filed a $30 million civil lawsuit against James in circuit court March 14. Boyles contends the suit contains “allegations that go beyond what was alleged in the criminal proceeding,” prompting him to file a 25-page response.

In the criminal case, James was convicted of touching the now-18-year-old-woman, then 14, her in inappropriate ways and kissing and fondling her without permission.

The Michigan City police chief and police department and the Michigan City School Board are also named as defendants in the civil suit. The suit claims the school board was negligent and did not act in good faith.

The teen is identified only as Jane Doe in the suit.

In the criminal case in La Porte Superior Court 1, James pleaded guilty in 2005 to sexual misconduct with a minor, a Class D felony, in a plea agreement after being originally charged with a Class C felony. James was sentenced to spend 15 weekends at La Porte County Jail.

Additionally, he was put under probation and had to attend counseling, and was ordered to pay $3,206 in restitution and $50 a month in ongoing prescription costs for the woman.

James resigned from the police force after his arrest on the criminal charge.