Last week in a landmark decision, a US court released two men who were
charged with... trying to lure what they thought were 13-year-old girls
into indecent proposals, over the internet. But the state's case was considered weak as
actually on the other end it was an undercover cop posing as 13 year
old girl.
A Superior Court judge on Friday upheld his original rulings to release
without bail two men charged with the said crime. Michael Bohaczyk, 24,
of Blackwood and Daniel Morris IV, 33, of Mantua, had been charged on
different dates with attempted sexual assault, luring or enticing a
child, and endangering the welfare of a child as part of a sting
operation conducted by the Gloucester County Prosecutor's Cyber Crimes
Unit.
The state's argument focused on the part of the law saying that "a
person commits a crime ... if he attempts via electronic or any other
means to lure or entice a child or one who he reasonably believes to be
a child ... with purpose to commit a criminal offense."
The state's entire case is based on "fiction," argued attorney for Morris. "There was no 13 year old," he added.
Judge questioned the strength of the state's case against Bohaczyk and
Morris because the men were not actually talking to a young girl and
released Bohaczyk on his own recognizance last Friday after a bail
hearing, but did the same for Morris without a bail hearing.
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