August 30, 2006

John Monetti - accused child rapist - update

Update: Click for the latest post on John Monetti.

"Well, I haven't really done anything wrong."
It has been almost a month since the Plains Feeder has had anything to report on the ugly case of Mr. John Henry Monetti. As you may recall, Mr. Monetti has been charged with child rape and sundry other crimes as a result of his repeated trips to Blair, Nebraska from his home on Long Island, New York.

The evidence, together with Monetti's own confession, indicate that he came here on several occasions to have sex with an under-aged, autistic girl in Blair that he met on the internet. He was caught by an alert citizen and a cop that followed a 'hunch'.

The old feeder has been getting numerous e-mails asking when the former teacher, school principal and riding coach is due back in Washington County Court. As things stand, John Monetti is free on a $2.5 million bond, and is thought to have returned to Long Island. (I don't expect him to return to Nebraska, ever.)

Today I broke down and called the Clerk of the Washington County Court to ask if anything was in the works for the criminal case. According to the clerk, John Monetti's case is due to be called on October 12th for hearing a "motion to quash". He also has a "preliminary hearing" on the docket for October 26th.

I don't know exactly what Monetti's lawyers want to quash, but motions to quash can be used in an attempt to nullify search warrants, testimony, confessions, subpoenas, etc. On the facts, it would appear that Mr. Monetti might have a laundry list of things he'd like to see quashed. The preliminary hearing, which can be waived by the defendant, is simply to determine if enough evidence remains to continue with the prosecution against Monetti after the motions are heard and ruled upon.

Whether Mr. Monetti must appear in person for the motion hearing is a matter to be decided between John's attorneys and the prosecutor. I don't expect that his presence will be required.

That is all I have on the John Monetti case for now. Stay tuned for further developments. In the meantime, I should point out that Washington County, Nebraska has its own perverts to catch and prosecute. We don't need any more of them from New York or anywhere else.
Updated: Read Jim Brazda's new story in the Washington County Tribune & Enterprise for details. A comment from Kay in Blair, Nebraska explains:
The motion to quash was filed by the prosecution. His attorney wants to subpoena the girl along with the school counselor & is asking for school records trying to prove she was capable of resisting. She is only 15. Age of consent in Nebraska is 16. Still illegal!
I'm guessing the defense is threatening to make the whole business out to be the girl's fault. I think the last state to require bruises to prove up a rape case was Hawaii. None of these issues are germane to the statutory rape charges; consent, lack of resistance, acquiescence and even active encouragement on the part of the underage participant aren't proper defenses. Perhaps such issues might be more appropriate at sentencing.

This hard-ass defense would appear to be no more than an attempt at jury nullification. Nauseating as such tactics may seem, the accused is entitled to a zealous defense. If only Mr. monetti had the moral strength to admit that what he did violated the law. That would spare his victim from further distress. After all, it isn't the girl who is bringing charges against Mr. Monetti, but the State of Nebraska.
Aside: The St. James Fire Department web site, where Lieutenant John Monetti was a firefighter, is once again available on the internets, sans Lt. Monetti's picture. (To see Engine 431's page without scrolling past the mugs of dozens of other firefighters, click here)
Previous John Monetti posts in the Plains Feeder:
August 01, 2006: John Monetti back on Long Island?
July 13, 2006: John Monetti Update
June 30, 2006 : John Monetti, accused child molester, makes bail
June 14, 2006: John Monetti's Bond Set In Blair, Nebraska
June 07, 2006: John Monetti Arrested in Nebraska - Update
June 02, 2006: NY Teacher/Pedophile busted in Nebraska

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