Biker cites gender disorder at sentencing

[BeyondXXY]

Attention all xxy people. KS is now a legitimate criminal defense in felony cases. Check it out.

http://www.spokesman.com/blogs/sirens/2011/jul/05/montana-jury-convicts-sandpoint-biker/

Please understand that I do not condone this moron's behavior, but it does open the door to the possibility of more cases like this for us down the road. Granted, if he was a first time offender, that might have seriously impacted the sentence. But normally judges in that district are harsh on felons, and don't care about issues like ours at sentencing. It's amazing that this has happened because it creates a brand new precedent for people like us: the genetic defense.

Any thoughts you all have on this subject are greatly appreciated. Thanks.

Beyond XXY.

[Peggy]

Hi Beyond,

It's not as though he committed murder and went free.

The article says that for, basically, conspiracy to steal a motorcycle, he got "...five years of probation and six months of home arrest..." . Doesn't sound all that lenient to me.

Is it wrong for a sentencing judge to consider how an individual would experience prison?

Friendly greetings to all,

Peggy

[BeyondXXY]

Hi Beyond,
Is it wrong for a sentencing judge to consider how an individual would experience prison?
Peggy

Oh no, absolutely not. That's good.

But the point I was trying to make (but obviously didn't sorry) is that the reason this is so surprising is that this happened in federal court. Any time you have an interstate theft case the FBI immediately get's involved. The feds and the federal court system is TOUGH and quick. They often use bench trials which are trails with no juries, just judges. And the deck is stacked in the government's favor. Attorneys have to really know their stuff backwards and forwards to defend you in federal court. And most attorneys don't.

Look. Here's another felony case (kiddie porn) where yet another dumb XXY'er tried to claim his syndrome would make him vulnerable in prision. http://journ300.blogspot.com/2007/02/child-porn-defendant-gets-5-years-in.html The FBI was involved in this case too, and the judge didn't believe his syndrome would affect his saftey. The XXY criminal got 5 years anyway.

Both of these are non violent crimes, with heavy sentence possibilities. But this motorcycle kid got off, in federal court, in a case where the FBI was involved and part of the prosecution. Amazing. I think this is the first successful use of this defense.

Although, right now it appears that the type of crime is an obvious factor in the judge's decision for leniency, there's no telling where this will go in the future, or if it will be used more often as I suspect it will in the future. It sets enormous legal precedent. XXY = lighter sentence . Wow.