Judge Finds Child Porn Offender Has a “Porn Gene”

New York Judge Gary L. Sharpe recently presided over a case where the accused, Gary Cossey, plead guilty to one count of possession of child pornography. The offensive material was discovered on Mr. Cossey’s home computer.

Prior to sentencing, Mr. Cossey had been evaluated by two psychologists who opined there was a low to moderate risk of him reoffending.

Cossey testified that he was in therapy and believed it was assisting him with his problem. Based on his plea deal, Cossey expected a light sentence, however, Judge Sharpe surprised everyone and sentenced him to six and a half years in prison, followed by lifelong parole.

Judge Sharpe concluded that the psychologists’ assessments were of little value because Mr. Cossey likely carried a gene that predisposed him to view child pornography.

Judge Sharpe remarked “It’s a gene you were born with and it’s not a gene you can get rid of” in justification of his heavy-handed sentence. He also said that in fifty years this “porn gene” will likely be confirmed by scientists.

Cossey successfully appealed. Manhattan’s Appeal Court criticized Judge Sharpe for relying on a scientifically unsupported theory to address the issue of recidivism in sentencing and ordered that Mr. Cossey be re-sentenced by a new judge.

It’s astounding to think that a judge would conjure up “trash science” to justify his sentence. Does he think we’re all stupid?

Lawdiva aka Georgialee Lang

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3 thoughts on “Judge Finds Child Porn Offender Has a “Porn Gene”

  1. If that were the case we could all run around drinking, drugging, thieving and killing without consequence, rendering the courts function useless. We’re all free to do whatever we want because we have genes that will be discovered 50 yrs from now and it’s all OK? I think if Mr. Cossey is worthy of a sentence like that then we should immediately reinstate the death penalty for any and all accused of greater offences. Please.

    Are you serious? The appellant court should question who requires further assessment. Judge Sharpe perhaps?

    Or does he have the gene of inherent judicial reasoning?

    I’d like to be more eloquent but really?

    I wish I was there with Georgia defending Mr. Cossey!

  2. Would the activist judge not have the benefit of the judicial record to support the belief that, indeed, we really ARE that stupid. At least that stupid to tolerate the absurd opinions of judges acting as if legislators.

  3. Well DWMillar:

    The situation may be worse than you have described. Given the bizarre approach that the judge in question adopted concerning this case, it may well be the case that he would adopt the poistion of a number of people who believe that, because the Mayan calendar ends in 2012, that it coincides with the end of the world. Which would make his 50 year prediction moot.

    Over the years I have known a number of judges, many good, a lot fair on the effectiveness scale, and the rest an assortment of drunks and loonies. Heh. I was damn near run over (I literally had to leap out of the way) by a car driven by Mr. Justice Riley, in Calgary, coming out of the courthouse parking garage in Cagary…he was famous for drinking a couple of bottles of Scotch on a daily basis whilst on the the bench. It took an enterprising young constable to finally stop him and charge him with impaired driving.

    My point being that I wish the judiciary would stop circling the wagons in the face of one of their bretheren screwing up, and be more open to expressing condemnation of unacceptable behaviour.

    It may go a long way towards rebuilding the public confidence in our justice system.

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