posted on March 4, 2005 06:27:16 AM newThe Virginia Supreme Court rules an eye gesture can be lewd and - with other behavior - a felony. Man had lust in his eyes, justices say...
BY MONIQUE ANGLE
March 4, 2005
A Hampton, Virginia man convicted of taking indecent liberties with children - but who blamed the problem on a faulty athletic supporter - has lost his appeal in the Virginia Supreme Court. Pernell Lee Viney had argued that there wasn't enough evidence of "lascivious intent," or lust, to justify his 2003 conviction on two felony counts.
But the state's highest court upheld on Thursday a lower-court decision ruling that Viney's actions were enough to qualify for a felony conviction. His lawyer, Robert Moody IV of Portsmouth, doesn't know whether Viney will appeal to the U.S. Supreme Court.
The case dates to April 14, 2002, when Viney was cleaning his car near Tyler Elementary School. Two girls, ages 13 and 9, said they were riding their bikes to a playground when they noticed Viney's car parked nearby. As they were leaving, they rode their bikes past Viney.
According to court records, the 13-year-old said Viney, 39 at the time, looked up at them, so they looked back at him. Then he looked down, so the girls looked down.
That's when he "pulled his shorts up" and "to the side," exposing himself, the older girl testified.
Viney said the exposure was unintentional. He said he was wearing old basketball shorts and an athletic supporter that was old and "quite a bit worn."
"If something fell out - I mean, it's possible," he testified.
Hampton prosecutor Anton Bell said Viney was charged with taking indecent liberties,rather than indecent exposure - a misdemeanor - because the facts fit the felony charge.
Taking indecent liberties includes exposing oneself to children while expressing lust.
"He made eye contact, and as soon as he did, he pulled his shorts," Bell said.
Viney was convicted and sentenced to a year in prison.
Moody argued before the state Supreme Court that Viney's case mirrored another case in Virginia where a conviction was reversed because of a lack of proof of lascivious intent.
In that case, McKeon v. Commonwealth, the defendant was wearing a bathrobe and standing on a porch when he called to a young girl and asked her to turn around. When she did, the man was smiling, his hands were on his hips and his robe was open, exposing his genitals.
The court ruled in the McKeon case that there was no evidence the man was sexually aroused, that he made any gestures to the girl or to himself, that he said anything improper or asked the girl to do anything wrong.
In Viney's case, the court ruled that making eye contact with the girls, glancing down to his groin - directing attention to the area - and then exposing himself was enough to establish that he acted with lustful desires.
Moody said he couldn't understand the court's reasoning because Viney's case was so similar to the McKeon case. Viney couldn't be located for comment.
Moody said he couldn't comment specifically on why Viney pursued the appeal because he didn't reveal personal information about his clients. But "I can tell you why any accused citizen might," he said. "It has an impact on pensions, their right to vote, and under this particular statute, they have to register as a sex offender. There are all sorts of ramifications."
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**So What do you think?** - Did his thingie just fall out of the cup? Personally I think with a name like Pernell Lee Viney the guy was sunk to being with ...
[ edited by dblfugger9 on Mar 4, 2005 06:29 AM ]
posted on March 4, 2005 06:33:50 AM new
"Viney said the exposure was unintentional. He said he was wearing old basketball shorts and an athletic supporter that was old and "quite a bit worn."
It was probably something Yellowstone sold him on Ebay.
[ edited by classicrock000 on Mar 4, 2005 06:40 AM ]
Lust in your eyes - a felony...Reminds me of former President Jimmy Carter's admission...
Narrator: For five hours, Carter tried to explain his views on culture, politics and faith. Toward the end of the interview, exasperated at not being understood, he said, "I've looked at on lot of women with lust. I've committed adultery in my heart many times."
posted on March 4, 2005 12:59:32 PM new
dbl - There's so much left out of this story....least I hope this isn't all there is...but I guess I'd question:
Did ol' Viney LIVE near this park or did he just 'happen' to decided to clean is car near an Elementary School, where young children are known to be in large numbers?
Years ago, we had a stalker of children around our elementary school. Most of the neighbors had reported him but of course, the police couldn't do anything as HE hadn't committed a crime [yet].
So it does make me wonder why a man accused of exposing himself [accidently or not] would be 'hanging' around an elementary school in the first place. We have to take child preditors VERY seriously now-a-days.
But this 'eye' business is silly, imo.
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Four More Years....YES!!!
[ edited by Linda_K on Mar 4, 2005 01:02 PM ]
Around here there is a law where men convicted of being sexual offenders cannot live near an elementary school. Yet, my granddaughter's school is surrounded by them. The courts know about it and so do law enforcement officials, but do they do anything about it? No, because of the cost and time involved. They just cross their fingers and hope that one of them doesn't cross the line. There are more sexual offenders living around that elementary school than anywhere else in Cleveland. It's s crime.
When I was in elementary school, I was able to walk to and from school on my own. Now, we drop Tiffany off and pick her up. She literally gets walked into the school. The school doors are kept locked at all times.
I believe that when someone does their time, they deserve a chance. However, this does not apply to anyone who is convicted of a sexual offense. Particularly when it pertains to children. Hang 'em all.
Cheryl
"No drug, not even alcohol, causes the fundamental ills of society. If we're looking for the source of our troubles, we shouldn't test people for drugs, we should test them for stupidity, ignorance, greed and love of power." ~ P.J. O'Rourke
I can agree with you partially. People convicted of sex crimes need to be watched and should not be allowed around children.
However the term sex offender is just a generalization. A child of 15 can be labelled a sex offender for downloading child porn. A child of 16 can be labelled a sex offender for having sex with somebody younger than that.
Once these "kids" are labelled as sex offender is sticks with them for life.
While some people may see these instances as children doing stupid things, the courts label them as sex offender because that is what they are. Society also does not differeniate between these mis-guided kids and those sex offenders that constantly prey on children. The sex offender database here in Illinois gives you the name of the person, where he/she is living and a generalization about the crime that was committed. It does not tell you how old the criminal was when the crime was comitted or when the crime was committed. I know this is to protect the guilty, but it would also tell the public how likely the person is to commit another sex crime against children.
Absolute faith has been shown, consistently, to breed intolerance. And intolerance, history teaches us, again and again, begets violence.
---------------------------------- Bush will fix Social Security just like he has fixed Osama Bin Laden and Iraq. Bush can't be trusted to run this country and you want to trust him with your retirement?
posted on March 4, 2005 02:12:33 PM newDid ol' Viney LIVE near this park or did he just 'happen' to decided to clean is car near an Elementary School, where young children are known to be in large numbers?
Linda, I thought the same thing. Did he live around there? Or did he just go/stop there to clean out his car? Did they show the battered and worn athletic supporter as evidence of his story??
It doesnt make a whole lot of sense without defining those things. But apparently, they didnt go into it in the article, or feel it important or revelent information. And sounds like they didnt go into it in the court case either.
posted on March 4, 2005 02:31:10 PM new
dbl - Yes, I know they can't print all the particulars in each story...that's why I usually decide that since the juries/judges have heard all the facts they are in a much better position to make the 'call' on guilt or innocense.
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Oh Cheryl, I couldn't agree more. It's such a REAL threat to our children and I just will never understand why they won't lock them up forever...so they can never harm another child.
I am so pleased, however, that there are the websites online where parents can check to see who in their own neighborhood is/potentially could be a threat to their children. I wish all states had them. I know my youngest son and his fiance have already check out their neighborhood and there are a handful that live in their area. So being in a wealthy or poor neighborhood doesn't really make a difference....they're all over.
And Cheryl on my question about Viney living there....it really was more about did he have a reason to be there - because he lived there...vs....he didn't live anywhere around the school and was using cleaning out his car as an excuse just to be there.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Four More Years....YES!!!
I was referring to rapists, child molestors and the like. Not a 16 year old having sex with a 12 year old. I know that happens with consent all the time. Sex was the furthest thing from my mind at 12. I didn't become sex happy until I was 18 and engaged. It's been trouble ever since.
A child of 15 can be labelled a sex offender for downloading child porn.
Anyone who looks at child porn needs help and badly. I don't care if it is a 15 year old. That's one step away from trouble. Sorry if that doesn't sound liberal, but it's how I feel. All child molesters started out as youngsters and if one is caught download child pornography, they need help.
Linda
It may have happened innocently. My old boss used to wear gym shorts from time to time at work. One day, while sitting on top of a table in the smoking room, he looked down (later he said he felt a draft). So, naturally since we were facing him we all looked down. Boy did we get a peak! It does happen.
Cheryl
"No drug, not even alcohol, causes the fundamental ills of society. If we're looking for the source of our troubles, we shouldn't test people for drugs, we should test them for stupidity, ignorance, greed and love of power." ~ P.J. O'Rourke
posted on March 4, 2005 04:21:02 PM new
Yes, Cheryl, I know it does happen. But the court found differently and so did the review of the decision. Obviously there's more to this than an 'accident' that just happened near an elementary school.
And I was also thinking because you said: "The school doors are kept locked at all times. Lately even that has become/is becoming a concern more and more. Just read today about another teacher charged with having sexual relations with FIVE of her students. So being in school doesn't automatically make them safe. We parents/Grandparents need to have serious discussions with our little ones about ANY inappropriate touching/speech/etc.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Four More Years....YES!!!
posted on March 4, 2005 04:25:06 PM newI was referring to rapists, child molestors and the like. Not a 16 year old having sex with a 12 year old.
When most people think of sex offenders they think of rapists and child molestors. I totally agree that these people should be kept away from children. I just wanted to point out that there are others that get the "sex offender" label. I feel each case should be handled different and states should not have a "one size fits all" definition of sex offenders.
Absolute faith has been shown, consistently, to breed intolerance. And intolerance, history teaches us, again and again, begets violence.
---------------------------------- Bush will fix Social Security just like he has fixed Osama Bin Laden and Iraq. Bush can't be trusted to run this country and you want to trust him with your retirement?
posted on March 4, 2005 04:26:03 PM new
Here's the solution...someone hold old Viney down while I do a little snipping with my hedge clippers.....solving two problems.. he won't be flashing anymore and he won't have any need to buy a new athletic supporter.
posted on March 4, 2005 06:55:33 PM new
maggie- Sounds good to me!
But too easy....You should take him to a shack in the middle of the woods, put his dick in a vise, take the handle out of the vise and give him a dull knife. Go outside, pour a little gasoline on the shack and light it on fire. Go home. He'll make the choice.....Either way, it's fitting.
(Can you tell I've had alot of time to think about this?)
posted on March 5, 2005 03:43:03 AM new
20/20 had a story on last night about a child molestor. This guy got away with it for years. He would actually do these awful things to children in the mall in plain view in a toy store aisle. It made me sick. Then, he'd go home to his wife and kids. He raped children (all girls) from the ages of 3 to 18.
Edited to add: He's serving over 400 years! I'm guessing he's now moved on to big boys!
Cheryl
"No drug, not even alcohol, causes the fundamental ills of society. If we're looking for the source of our troubles, we shouldn't test people for drugs, we should test them for stupidity, ignorance, greed and love of power." ~ P.J. O'Rourke
[ edited by CBlev65252 on Mar 5, 2005 03:43 AM ]
[ edited by dblfugger9 on Mar 4, 2005 06:29 AM ]
to decided to clean is car near an Elementary School, where young children are known to be in large numbers?
