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Stalkers, A Blown-Up Marriage & Great Music
March 30, 2007
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The hard-news hat came on this week as we covered Country Music. Google Wynonna today, and you will see over 500 publications around the world writing about her divorce and the arrest of her former bodyguard husband.
The Judds are usually good for a headline, but the divorce, Dan's arrest and what he was arrested for was crazy, even for Judd World followers.
Our first story involving a sex offender with little else known but the charges and background on the legal definition of Aggravated Sexual Battery:
Aggravated sexual battery ... Tennessee Law
Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:* Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
* The defendant causes bodily injury to the victim;
* The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless;
* The victim is less than thirteen (13) years of age.He's not guilty, but the rap is awful. Sounded convicted on Fox News the other night! Very sad!
The Michelle Branch stalker story is also odd. When the girls do it to guys, it's cool. Until like in the David Letterman case she decides to move in! Remember, it was a fan-club gal who killed Selena.
Lots of women in country, if not most, deal with this daily. It is why they are much more selective about publicity at times. This guy must have been freaked out when she called his name on stage!
Guys do creep out the gal singers. Girls do the same the most on show weekends. Follow the acts from show to show and do all the things this guy did, but it's OK. California has a stalker law born from a death.
As a public service, the California law most states should use as a guide:
California Law
In California, both criminal and civil laws address stalking. According to the criminal laws, a stalker is someone who willfully, maliciously and repeatedly follows or harasses another (victim) and who makes a credible threat with the intent to place the victim or victim's immediate family in fear for their safety. The victim does not have to prove that the stalker had the intent to carry out the threat. (California Penal Code 646.9, www.leginfo.ca.gov)The criminal penalty for stalking is imprisonment up to a year and/or a fine of up to $1,000. There are more severe penalties when the stalker pursues the same person in violation of a court restraining order, with a sentencing range of two to four years imprisonment. Persons convicted of felony stalking also face stricter penalties if they continue to stalk their victim(s). Courts may issue restraining orders to prohibit stalking. (California Family Code 6320)
A victim, family member or witness may request that the California Department of Corrections, county sheriff or the director of the local department of corrections notify them by phone or mail 15 days before a convicted stalker is released from jail or prison. The victim, family member or witness must keep these departments notified of their most current mailing address and telephone number. The information relating to persons who receive notice must be kept confidential and not released to the convicted stalker. (California Penal Code 646.92) The court may order a person convicted of felony stalking to register with local law enforcement officials within 14 days of moving to a city and/or county. (California Penal Code 646.9)
A victim of stalking may bring a civil lawsuit against the stalker and recover money damages. (See Civil Code 1708.7 for the elements and remedies of the tort of stalking.)
Victims may also request that the California Department of Motor Vehicles (DMV) suppress their automobile registration and driver's license records from being released to persons other than court and law enforcement officials, other governmental agencies or specified financial institutions, insurers and attorneys. (California Vehicle Code 1808.21, 1808.22)
When stalking occurs in the workplace, an employer can request a temporary restraining order or an injunction on behalf of the employee who is a victim of stalking. (California Code of Civil Procedure 527.8)This is like Perry Mason or Law & Order!
CMT has canned Miss America ... What can you say, they tried.
OK, CDs: Tim McGraw's is very good. Should sell NORTH of 400,000 by Monday.
Martina McBride is a work of art. For sure Grammy nominee this year!
NEW Book (not out yet -- September 4, 2007 on Simon-Schuster): "I Walked The Line" by Vivian Cash and Ann Sharpsteen. I'm still reading, but this is going to be GOOODDDDDDDDDDDD. Must read for fans! The love letters and thoughts from Johnny's first wife and children. Excellent!
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