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Wednesday, June 18, 2014

Motion to Reduce Sentence





41 comments:

  1. sounds like brad is having one hell of a great time,honestly though my heart goes out to ever is his cellmate.......imagine spending 23 hours a day with that miscreant ,and to think he does not get to shower,must smell pretty ripe ..........sleeping on the floor every other night,but hey he gets a mattress,more than he deserves .......you know who i really feel sorry for ,the people who had to spend months on the grand jury,and had to sit through months of mind numbing and boring testimony ,who then handed down what 66 indictments,only to have this creep plead guilty to one count ..........he knew what he did all along,so what did all that subterfuge end up costing the people,in order to have justice served .......everything about this sordid case has been a travesty of justice .......from the beginning ,how long it took just to get him arrested,then his close friend is the sitting judge.he gets two years of home confinement,with $50,000 bail instead of $1.5 million for capital crimes ,his boss the sheriff has stood in the way of any justice ,and obstructed justice at every turn in the road ,continuing right to the present by his refusal to cooperate in the damages trial going on right now ........so here we are finding out totten can not do the time ........if it is so hard for him ,why doesn`t he just ask to be put into the general population ,where he can take showers and attend classes ,go to the yard ,and even go to church .......hell he could even join the glee club .......my heart could be moved toward a more merciful point if he had cooperated in the arrests of his bosses and coworkers in this very dirty affair .......pocahontas county got only partial justice,and who knows if we will ever get complete justice ........in order for me to forgive i will need to see sheriff david jonese ,david walton ,j.l.clifton,and a few others make the perp walk out of the court house,in shackles, and into a maximum security jail ,for a ten to twenty year stretch .........it really seems that no one in that court house has gotten the message,they are not gods who are above us mere mortals,but servants of we but mere mortals .......

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  2. He is getting what he deserves and needs more

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  3. this it totally ridiculious!
    prison is tough? DUHHHHHHHHHHHHH !!!
    that's what prison is for.
    looks like the tshirt business is once again in vogue and coming back into style.
    orange really is the new black!!!

    cant shave? total b.s.
    rotten has a small sink in his cell and inmates are given a small safety razor and gel pak of shaving cream- rotten can shave at his leisure during any hour of the day he wants!
    I also don't buy the crap about alternating nights of sleeping on the floor. the lawyer states that the cell has bunks, which is completely correct.
    there is an individual bunk on the wall for each assigned inmate.

    cant attend church services?
    rotten doesn't need to. u don't need to attend church services to pray to god.
    rotten can do that on the concrete floor, just like detainees at gitmo as they pray to allah each day.
    furthermore, rotten proclaimed in open court to judge rowe that he was going to rededicate his life to the lord and his family.
    he is more than welcome to do so..................just behind bars.

    cant shower?
    rotten is allowed to choose what he wants to do when he is outside his cage during the one hour each day.
    he can choose to be let into the outdoor cage to walk around........or he can choose to take a shower.
    totally his decision. all he has to do is let the guard know which one he wants to do.

    confined to a prison cell for 23 hours a day?
    this is prison life and is STANDARD for all inmates that aren't assigned or qualified to GENERAL POPULATION status.
    rotten and his legal team REQUESTED PROTECTED STATUS- THIS IS WHAT PROTECTED STATUS IS.
    he IS being protected by being locked in his cell like other inmates in the prison system.
    if he was in the general population he would have his ass beaten all day long...........and most likely raped on a regular basis.

    im surprised his lawyer didn't argue that rotten cant attend the prison library and surf the internet for prepubescent girls!!!

    smallest chance possible for recidivism???
    did his attorney forget that rotten was charged with 66 FELONY COUNTS AND COUNTING.....until his plea deal that he agreed to ceased further investigations of his ADDITIONAL CRIMES???

    cant get psychological counseling for being a sex offender???
    they have programs in prison designed SPECIFICALLY FOR SICKO SEXUAL MOLESTERS.............JUST LIKE WHO BRADLEY CLAY TOTTEN REALLY IS !!!

    whooda thunk that corrupt cops wouldn't be popular in prison ?????????????????

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  4. Sounds to me that Rotten is getting what he deserves.

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  5. productive member of society????
    how in the hell is sir rotten ever going to be a productive member of society and not a burden to the taxpayers ???

    the only thing rotten is gonna be good for is poking unsuspecting females with his member and producing strange and sticky substances !!!

    I would argue that sir rotten is far safer locked up in his cell that to be turned loose on the public.
    there's gonna be an entire community just a waitin' to beat his ass and seek vengeance and justice if he starts floating around the county.

    juxtaposed jonese and the goon squad wont be able to protect their prized hometown boy when, and if, he ever makes it out of the joint.

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  6. Sir Rotten can establish a new home based business.
    PRE-PUBSCENT TOURISM IN THE LOCO POCO FOREST.
    fresh meat will be available on a regular bais from all of the children that enter the county from tourists that visit the area.
    the pre-pubscent females of the county can be assigned to provide a regular rotation of services to "rehab" our fine felon hometown proud boy!

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  7. if there is anyone that would be willing to change their mind and let rotten out of the joint- it would be slow roe rowe.
    the citizenry needs to show up at this hearing and let the "good judge" know their thoughts and feelings on this matter.
    it is outrageous that the court would even waste its time and money to entertain and hear this motion.

    is rotten gonna be released and brought back to the county in chains and an orange jumpsuit to testify to rowe on just how bad prison life is???

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  8. Predatory Animals are locked up in cages for a good reason.

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  9. If this doesn't raise a ruckus with the victims and their families, noting will.

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  10. Sir Rotten is in the proper place to receive the only edu-mucation he deserves and needs;

    http://www.wvdoc.com/wvdoc/OffenderPrograms/SexOffenderProgram/tabid/128/Default.aspx

    Sex Offender Programming designed and developed within the WV Division of Corrections is a three-tiered cognitive-behavioral program approach. The Sex Offender Program includes: Phase I- Psychoeducation; Phase II- Cognitive-Behavioral Awareness Groups; and Phase III- Relapse Prevention/Transition.

    This program was designed through the technical assistance of Dr. Kathy Peterson of the Kentucky Department of Corrections, and is based on national best practices and evidence-based standards in sex offender treatment. The goal of the program is to increase public safety by providing sexual offenders who are amenable to treatment with the opportunity to learn ways to control their sexually deviant behavior thus reducing the number of future victims.

    Standardized Sex Offender Programs are available within nine correctional facilities across the State of West Virginia. These sites include ALL facilities within the Division of Corrections, as well as the two contracted facilities, where sex offenders are currently housed.

    The Three-Tiered Approach in Sex Offender Programs

    Tier One: Psychoeducation
    13 sessions in length
    Appropriate for any offender with a history of sexual deviance
    Teaches the components of sexual offending and the impact is has on others
    Minimum topics include: legal definitions; registration requirements; offending cycles; victim empathy; managing emotions

    Tier Two: Cognitive Restructuring
    51 sessions in length
    Indeterminate length of participation
    Prerequisite: Completion of Tier One and admitted to having some type of sexual deviancy
    Focuses on victim empathy and responsibility for the harm done to victims
    13 modules including: importance of treatment, motivation of offense, victim awareness, disinhibitors, cognitive restructuring, and deviant arousal

    Tier Three: Relapse Prevention/Transition
    12 sessions in length
    Prerequisite: Completion of Tier Two and in final months of incarceration
    Designed to be provided near the end of sentence to better prepare the offender for transition into the community
    The offender prepares a release plan that combines treatment issues with everyday living to better prepare him/her for reintegration into society

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  11. Sir Rotten should have nothing at all to worry about.
    After all, the wv legislature has a "zero tolerance" for rape in prison, to fully protect our felons and their backside starfish friends.
    It would have been nice if Rotten's victims could have expected the same basic protections from our local powers that be.


    http://www.wvdoc.com/wvdoc/PREA/tabid/195/Default.aspx

    PREA (Prison Rape Elimination Act)

    Compliance with PREA Standards

    The Prison Rape Elimination Act of 2003 established the requirement for Zero Tolerance for acts of Sexual Abuse or Harassment in confinement facilities. The law also required the creation of compliance standards with the goal of eliminating these acts. The WV Division of Corrections (WVDOC) is in compliance with these standards and fully investigates each allegation of sexual abuse or harassment, regardless of source, and refers appropriate cases to the WV State Police for criminal investigation.

    Below you will find critical information related to referring cases for criminal prosecution, methods for third parties to report allegations of sexual abuse or harassment on behalf of an inmate, and aggregated statistical data related to PREA incidents in WVDOC facilities.

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  12. For 66 felony sex counts, and the additional crimes that weren't even investigated, he should be serving multiple life sentences- and die as a dirty old wrinkled bald man behind bars.
    I only hope that the other inmates treat him with the same compassion that Rotten gave his own victims.

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  13. Don't do the crime if you can't do the time.

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  14. Rotten agreed to ALL of these terms, and then some, and solidified the deal with his signature upon advice of his legal counsel.
    He decided to forgo a trial by agreeing to ALL the terms in the plea deal.
    Now, just like a petulant child, its time to throw a tantrum and attempt to change the terms of the deal.
    He is once again showing the mindset that he is above the law and that the law is for others for follow and for him to enforce and break when he chooses.
    That is the entire problem with the mindset of the pcsd..........and the community that perpetuates and tolerates it.

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  15. anyone remember what two assessments were presented at sentencing that demonstrated rotten was a low risk for recividism?
    apparently, they weren't worth a damn if the judge sentenced him to 10 years in the hole.

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  16. Rotten may not have long to worry. With any luck, he will have lots of friends with him to keep him company.

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  17. Yes he's probably looking forward to all of the welcome home parties his friends have planned for him,
    The Road Runner....

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  18. Brad if your would like it you can transfer to general population where I am sure you will even dislike it more . With your history I would be willing to bet you would enjoy regular beating and gang rapes.
    Yes jail under protective custody is hard but that is the result of you being a cop and getting 10 to 20 years in jail..
    I find it amusing as I doubt when you were a deputy you would of cared two cwents worth if someone in jail cried like you are , as I recall you hated plea bargins but sucked up a good one your self,

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  19. Sir Rotten may I remind you that as a cop you knew what jail was like.
    Again its where we send thieves scammers, robbers perverts, those caught with drugs those caught selling drugs .
    As you fit into one of these classes to bad.

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  20. "He also pointed out that many times felonies get plead down to misdemeanors.
    Things like this affect morale in the department, Totten said."

    http://pch.stparchive.com/Archive/PCH/PCH05262011p04.php

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  21. If sir Rottens is crying about the protective custody he is in for the next 10 to 20 then please request that you go to general population or see if your lawyer wants to let you move in with his daughter.

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  22. I spoke to a freind who recently went to Elkins to retain a lawyer for a issue he had in pokey.
    Stright up the lawyer told him that pokey had a corrupted legal system and unless he was friends with the right people or had 10,000.00 in cash to wine and dine and grease the right people he was wasting his time.
    If this is what those in the legal community think of our system then we have a real problem.
    Hopefully the FBI will look into this.
    I guess he would not name names.
    How many here think this is true.

    The Road Runner....

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    Replies
    1. best legal advice a person could get.
      just surprising the lawyer told the truth, but he wasn't part of the inside circle in pokey.

      Delete
  23. Next on my list is with so many charges why did the PA let them all go by by and give him such a sugar coated plea deal.
    With 24female victims I find it hard to believe they were all happy with the deal as the PA said.
    It should be up to the victim to agree with this not the PA or kangaroo court system.
    Where is justice for all the other.
    Some claimed they were outright raped.
    Had Rotten served only one year for each count he would be doing 66 years.
    Even at that it would not be fair for all the charges he had against him. And now he's crying how hard it is to be in jail in protective custody.
    It makes me sick to my stomach frankly.
    It makes me sick t see him get such a sugar coated deal.
    I would love to hear from some of the victims here if they went along with this or if they complained.
    There s no way one of us would of got his bail agreement and his sentence or plea deal no friken way.
    Do they thin we are all idiots and buy that story.
    And now the poor sir rotten is complaining he isn't being treated unfair in protective custody.
    Our system is broken and possibly corrupted.
    No with the state police and fbi there is little chance of those I suspect being dumb enough to make any more shady deals.
    Rotten got his deal of a life time.
    And the victims and citizens got and still are getting the shaft.

    The Road Runner...

    We all know who they are and who support them, remember this when you vote and when you spend money.
    Snub them when you see them and let them know what you think of this den of wolf's who prey upon us.

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    1. it was AT LEAST 24 victims.....that they know of.

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    2. My daughter was one of his victims,and no,no one ever asked any of us or them if we thought the deal Totten got made anyone happy,they never asked what we thought about it,they didn't care what we thought,he started messing with my girl when I had a juevinile petition served on her at age 14, he was placed in charge of her community service hours to be done on Saturdays to keep her out of trouble. So let me answer that question for her ,they never asked anyone if they were okay with tottens plea,they just did it,that's all they did, there was never any descussion with any of his victims,you see they really don't care about his victims they never did.

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  24. He was a police he should know what prison life is like. DEAL WITH IT. KEEP HIM IN.

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  25. chief of the semi holesJune 22, 2014 at 3:01 PM

    general population with a promise of an ass whooping every night,for ten years .......only cure for,"judge, i don`t like it in here"".........before they put this pile of dog shit with piles back out on the street i would like to see glen wade let out .........glen din`t do 3/4 what this creep and his boss did ,yet he got the same trip 10 to 20 .........at least glen is a human ...........

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  26. Really Rotten cry like a baby what a man you are what a example you are for your kids.

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    1. that's the sad part.
      rotten has a 12 year old kid and a stepdaughter.
      if I were the parent or custodian of either, it would be a hard choice to take them to prison to visit the rotten one.

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    2. No with sir rottens history If I was here I would divorce him file or fill custody and move.
      The kids need to grow up away from here and have no contact with him.
      If she waits or finishes got issues as he has no future.
      He will loose the civil suits so he will never have any money and everywhere he goes people will know what he is a pervert.
      His future is just what he deserves and anyone stupid enough to tag along for the ride deserves it
      He will be 50 plus and the kind of jobs he can get with is background will make jail look easy.
      He is not going to like life much after getting out. He thinks it's bad now one day he will have to feed and house himself and protect himself,

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  27. Officer Richard Head here,
    Do you know what two things are long and hard on the rotten one.
    Third grade and state prison.

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  28. Officer Richard Head here,

    Poor Sir Rotten he should bend over and kiss his own rear end and the Judge and the special P.A for the luck and deals hes had.

    First he should be happy none of the 24 female victims that we know of didn't go and tell all of their family members resulting in sir rotten being whacked or beaten.
    Next he took that plea deal faster than a crack head hits a new rock as he knew full well if he was convicted on just 3 or 4 charges he would be in jail till he was dead.
    Let along all 66 charges.
    Protective custody ordered again if he had not got that sooner or later the inmates would find out he was a sexual predator and a cop and sooner or latter some of them would get to him and he would be facing some serious beatings and gang rapes for 10 to 20 years.
    Now he wants home confinement hahahaha even his buddy Rowe wont allow that as there would be a public outcry and the State Police and FBI would investigate him to the point his backside was sore.
    Rotten when you do get out be smart go someplace away from pokey as I hate to see what will hopefully a respectable force by the time you get out have to arrest
    one of the family members of the victims for revenge , in my opinion your a waste of skin.
    Go someplace far far away and make what ever sad excuse for a life you are able to.
    You got no right to cry and whine you got the deal of a century and have been really lucky.
    Next don't bother to see your kids , have your wife stop bring them and for gods sake get them to move away now so they don't suffer any more because of you actions, it wont be easy for them around here. Stop being selfish and think of them.

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  29. hard choices and hard times for the family members and wife of sir rotten.
    the only world they have ever know is the loco poco forest.
    they shouldn't have to leave as they haven't done anything wrong........yet every day must be a living hell for them to suffer through.
    rotten's 12 year old kid will be a legal adult when rotten is released and will surely need his dad in his life in some capacity.

    if the rotten homestead is legally in the names of rotten and the wife the civil suits wont be able to touch it.
    they would only be able to get anything that is ONLY in the legal name of sir rotten alone.
    should the wife decide to divorce, she would have first dibs on the shared house and she would easily get it.
    she works for a local law firm so she is certainly privy to lots of free legal advice from her employer and the partners.

    if I were the father and mother of the stepdaughter, I wouldn't let my kid anywhere near the rotten one.......in jail or out.
    I cant even imagine the hell his kids will catch in the community from other kids- young unz can be incredibly cruel.
    the only thing sir rotten has going for him now is the EJ family trust fund.........and he's gonna need it when he gets out.

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  30. norman needs to file a motion with the judge seeking permission to video this hearing and the other hearings of interest to the public.
    if the judge is allowing tv stations and cameras in the courtroom, there should be no reason for norman to be blocked by the sheriff and threatened with arrest.

    why did the "good sheriff" allow the tv station and their cameras in for the sir rotten sentencing and block the fat man???
    if the fat man gets an ORDER from the judge allowing cameras and/or recording devices, he can tell the sheriff to stuff it and go spend his time blocking doors with benches to create further chaos

    which begs another question, someone needs to approach the fire marshall and ask him about the legality of blocking doors from the inside of the building to not allow individuals out- a true fire safety hazard if there ever was one.
    someone also needs to ask the judge is he actually ordered this to be done by the sheriff and WHY.
    WHY IN HADES WOULD IT MAKE ANY SENSE FOR THE JUDGE, SHERIFF, OR ANYONE ELSE TO BLOCK DOORS WITH BENCHES AND PREVENT INDIVIDUALS LEAVING THE COURTHOUSE??
    maybe the CC should also address this issue at their next meeting.

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    1. Sir Totten the rotten should be given a triple dose of Viagra 3 times a day and his hands cuffed behind him.

      No there is only one reason I can think of why Norm was not allowed in with a recorder. You need not be a scholar to figure that one out.

      I think the upcoming civil cases need to be held out of our area and Rowe should have nothing to do with it.
      Which ever side wins I want it to be clean no doubt it was fair unlike Sir Totten the rotten sweet deal considering the way it went, fair or not fair it sure looks bad on the P.A. and Judge considering the bail, and conditions of bail, and having 65 of his charges dropped in a plea deal.
      Just like the IRS scandal no one knows for sure what has happened but there have been far to many things happen that would make any honest citizen think that smell they are being told is honeysuckle is actually Mecks 10,000 gallon of human waste burst open in their back yard in August.

      When you think about his bail being next to nothing , his bail conditions , the plea deal where 23 other victims got no justice its no surprise he's complaining that protective custody is tough and unfair to him.
      The goon squad and aux goon squad are probably crying poor sir rotten has it so hard its not fair he wasn't guilty to start with the women all set him up.

      How his attorney can try to get rottens sentence reduced to him sitting at home with a ankle bracelet in the rotten nest is beyond me.
      How the Judge and PA handling sir Totten the really rotten case can walk away and say justice has been served is beyond me .
      It makes me want to upchuck.
      Injustice was served in my opinion and served up for all to see and not be able to do a dam thing about it .
      Basically in my opinion the court said screw the public screw justice for the victim's we got to give the good old boy the best deal we can get away with

      Anyone else charged would have had a 400,000.00 to 1,000,000.00 .bond and not allowed to leave the confines of pokey. Or no bond at all.

      I wonder why our good sheriff and the PA office are not looking into Flemings claim he lives one place when we all know that's not how it is.

      Guess they are all to busy fighting the invading Hells Angles and San Salvador drug cartels they have told us about to invade our little welfare and unemployed area with 8000 residents.

      Yet the Nazis right down the road from diamond Dave are alive and well.
      By the way I wonder if Diamond Dave can tell me which deputy it was that called in on the radio and said he just busted a car load of niggers.
      I just can not recall which deputy that was .

      And I wonder if the Sheriff can tell me who the lawyer was that advised him on the air tight drug cases he made that the PA threw out because of the fact sir totten the rotten deputy just got charged with 66 felony's and told one of the victim's how powerful a man he was because he could plant evidence.
      Seem that special lawyer who was advising him that went unnamed really didn't give to good of advice.

      Delete
    2. I spoke with a p.a. and they said that the filing of a 'motion to reconsider' is what this is called.
      apparently it is standard procedure and is filed by virtually all defense lawyers.
      he stated that most of the motions are denied and tossed aside by the local judge.

      what is of concern is that rowe definitely has a conflict of interest with sir rotten.
      if there is anyone that would reduce the sentence, it would be rowe.
      however, rowe's dreams of reaching the supreme court would most likely forever be dashed and trashed should he grant any reduced sentence.

      if nothing else, sir rotten's lawyer is just milking the ER totten family trust fund to make his next mortgage payment.
      at this point in the judicial process, its the only move to be made.....so why not give it a twirl and see what happens.
      if slow roe rowe knows that the citizens are well aware of this and watching intently, he may have second thoughts if he ever considers reducing time for the rotten one.

      the fat man deserve a big round of applause for posting this and making the community aware of the legal maneuvering.

      Delete
  31. "11. in comparison, the average inmate..........."

    does rotten's lawyer think that his client is above average or special???

    truth be told, at best sir rotten is BELOW average now that he is being stored in the meat locker.
    cops should be held to a higher standard, and rotten couldn't even do that well.
    rotten is now as average as average can be.
    behind bars, there is a entirely different pecking order.......and the rotten one has most likely found his new rank......very low on the totem pole, while regularly receiving the shaft.

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  32. I know it normal to file such b.s. and waste the courts time but sir rotten is saying it hard on me in here poor me In protective custody I really think the judge should do away with pc and then we can really listen to him cry about it.
    Let him try General population for 6months and see if he still thinks pc is such a bad place.

    The Road Runner....

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  33. We are sick and tired of this bullshit with Totten money has always gotten him out with everything in the past it's time to pay up for your mistakes

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  34. I read this petition and it made me sick to my stomach.Let me tell you about a petition I filed about 17 years ago.my 14year old daughter was acting out,as teenagers will do at that age,so I went to the court house ,after a lot of soul searching,looking for help with her.I knew that she needed a firm hand to get her through and since everything I was doing hadn't worked,I thought a juvenile petition would make her listen. The judge talked to her and I believed that the scare would help.He gave her community service,and since we already volunteered at one of the county fire departments,I arranged to have her spend time cleaning there,she was put under the direct supervision of you guessed it Officer Brad Totten.he started a sexual relationship with her then,and it continued for years,of course I didn't find this out until all of this came out,how would you feel if it was your daughter?I trusted him,at that point in time I trusted all police officers.I often wonder how different things might have turned out if she had been supervised by a decent officer that actually cared about her,and didn't use her,I'm sorry but a 14 year old cannot give consent, not to a 30 yr old. So the help I asked for was one great big joke,oh how he must have loved watching me drop my daughter off every Sat. For community service.how many other teenage girls did he do this to,that we didn't hear about? So when I read this petition, yes it makes me very nauseated to say the least,and so angry that I can't find the words to tell you! You see everyone doesn't really know about all the really deviant shit he has done,because he got to plea down From 60 plus counts to only one.and this is why,so he could buy the very best lawyer to file this petition. Do you really think that he will be suffering in his mansion on the hill? No,he would be living in the lap of luxury, justice bought and paid for! This CANNOT be allowed to happen.it will send the message that what he did was okay.it will send the message to the girls he abused that they never mattered,and in his eyes they didn't! It will send the message to all the other officers that its okay to use their position to exploit young girls in trouble! They need to continue to investigate all his buddies(McMillion),and put them in there with him,then he wouldn't be so lonely,hell they could open a wing and put all the corrupt officers in there,and as far as the shower thing,he gets the opportunity to shower and shave EVERY Signal day! I'm sure that 60 counts over 20yrs IS a sexual predictor! Think about the lives he ruined,can I get back the chance to help my 14 yr old,no I can't,that chance is long gone.the best thing that came out of all of this is the message it sent to the rest of them,abuse the power you have and you will be punished,don't send them a new message,one that says,its okay,you will only get a slap on the wrist,so go a head take advantage of these girls,no one cares.

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A local archivist who specializes in all things Pocahontas County