DA Ballard allowed 11 of 18 sex offenders to plead without any jail time
My opponent in the upcoming district attorney election, Scott Ballard, claims he has been “tough on child molesters,” but I believe that the undisputed facts of the lenient sentences he hands out to accused Internet sex predators cast doubt on his judgment and his qualifications to keep our community safe.
An analysis of 18 high-profile Internet pornography and child exploitation cases resulting from undercover operations in Peachtree City reveals that more than half of these child predators received no jail time.
Specifically, newspaper reports and court documents show that of 18 cases brought as a result of the Peachtree City Police undercover operations, at least 11 accused Internet child predators were allowed to plead guilty and receive no prison time at all.
Rather, they received between 60-120 days in a diversion center which allows the predator to be out during the day and report to the center in the evening, and given a small fine and probation.
Two of these individuals who were allowed to plead guilty were given first offender status, meaning that they will not have a criminal record once their probationary period is completed.
In one of these cases, the district attorney recommended probation only but the presiding judge actually rejected the plea and insisted that the predator be sentenced at least to a detention center.
Allowing 11 accused Internet child predators to plead guilty with no prison time is not being tough on child predators. As a result of the district attorney’s actions, some of these accused predators are out walking the streets today because our district attorney failed to take these cases seriously.
A summary of the 18 cases shows:
Case 1. Miguel Osnaya Velazquez pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included a $1,000 fine, 60-120 days in a diversion center, and 10 years probation during which he was ordered to register as a sex offender. Velazquez never registered and would thus be in violation of his probation.
Case 2. Robert Scott Rankin pleaded guilty in April 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999 and possession of methamphetamine. Rankin was sentenced to approximately $1,000 in fines, 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender.
Case 3. Devanshu Sudhir More pleaded guilty in September 2005 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His plea arrangement included a $500 fine, 60-120 days in a diversion center followed by 10 years on probation.
Case 4. Earnest Darryl Dean pleaded guilty in March 2006 to obscene Internet contact with a child and violation of the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender. No fine was imposed. He was the superintendent of Pike County Schools.
Case 5. Michael A. White pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included a $1,000 fine, 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender.
Case 6. Daniel Temieta Ubiedi pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender. The district attorney dismissed the Computer Solicitation of a child for Sexual Acts and allowed Ubiedi to be treated as a “first offender.”
Case 7. Barrett Douglas Peavy pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender. The district attorney dismissed the Computer Pornography Charge and also allowed Peavy to be treated as a “first offender.”
Case 8. William Christopher Elliott pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender.
Case 9. Ryan Christopher Cola pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999 and obscene Internet contact with a child. His plea arrangement included a $3,000 fine, and 10 years on probation during which he must register as a sex offender.
Case 10. Brian Lee Carey pleaded guilty in April 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. Carey was sentenced to a $750 fine, 60-120 days in a diversion center, evaluation and treatment at the Behavioral Medical Institute of Atlanta, group therapy, random polygraph examinations, a $750 fine, and 10 years of probation during which he must register as a sex offender.
Case 11. Peter R. Seckinger: court records show that Scott Ballard’s office offered to allow the 11th man, Peter R. Seckinger, to plead guilty in exchange for 10 years on probation, which would have meant no time in custody. However, the judge in the case refused to accept that plea arrangement and only approved it when the sentence was changed to 180 days in a detention center.
In each of these 11 cases, public records show that the accused child sex predator was allowed to plead guilty and District Attorney Scott Ballard recommended 60 to 120 days in a diversion center or no time in custody, a fine ranging from $750 to $3,000 and 10 years probation.
View Court Documents
Of the remaining cases, Robert Kyle Amerson pleaded guilty and was sentenced to two years in prison but was allowed first offender status and may have his record wiped clear if he serves his prison and probation time without re-offending.
Billy Murphy pleaded guilty and was sentenced to two years in prison for possession of child pornography. Police later learned Murphy had sex with another teenager in another jurisdiction.
Robert Michael Tidwell received two years in prison, possibly because of an earlier sex conviction on his record.
Govinda Basnet pled guilty and received one year in prison.
Only three of these cases went to trial, which included the cases of Scott Selfe, Mahesh Patel and Mohammad Bolton. The convictions in Selfe and Patel have been reversed by the Georgia Appellate Court.
Six of the accused child predators whom Ballard allowed to plead guilty have been identified by the Georgia Bureau of Investigation’s Sex Offender Registry as being on the street. Those men are Peavy, Ubiedi, Dean, Elliott, Carey and Rankin. As noted above, Valazquez never registered.
Given that local juries have been willing to convict every one of these predators who has gone to trial, it is a gross miscarriage of justice for our district attorney to let the majority of these predators go with a slap on the wrist.
These cases were brought as a result of proactive work by the Peachtree City Police Department, who are to be commended for their work to make our community safe. It is shocking to see local law enforcement and our community get the rug pulled out from under us by a district attorney who does not take child sexual predators seriously enough.
We cannot forget that District Attorney Scott Ballard has been criticized in the for his previous decision to travel to South Georgia and testify as a character witness on behalf of a convicted pedophile who molested at least 5 children. Seeking to prevent the convicted child molester from having his probation revoked, Scott Ballard testified “I think he’s a fine fellow who has got a drinking problem that gets him in trouble. He makes terrible decisions and does terrible things when he drinks, but he is an outstanding guy, Judge. He is worth taking a chance on.”
Ballard’s actions in the Internet predator cases indicate that he is willing to take a chance on child predators in our community. I find it unconscionable and reckless to gamble with the safety of our children.
I am asking for your support and vote on July 15, 2008.
Rudjard M. Hayes
Candidate for District Attorney
Tyrone, Georgia
Dear Editor:
Hello. My name is Samantha Kelly. Rudjard Hayes helped me win my case back in 2006. I had a young boy attack me and he robbed me while I worked for Dial A Bus. Rudjard Hayes convicted him with 15 years per offense which ended to be 30 years in prison. Since that day on February 14,2006 I have been able to actually have a peaceful nights sleep. My whole life is much better. I am 12 days shy of my 23rd Birthday and I am healthy alive and thanking God everyday that I am still here. I also thank him for putting Rudjard Hayes on this earth to help me speak out and put that man where he needed to be for what he had done and so that he can never do it again to someone else. I fully support Rudjard Hayes on this campaign. I wish Rudjard Hayes all the best in his life and God Bless him and his family. From the bottom of my heart I am gratefully for all that Rudjard Hayes has done for me. In many ways than one Rudjard Hayes saved me that day in the court room. Thank You!!
Citizen Speaks Out in District Attorney Race
Dear Editor,
I grew up in Fayette County and attended Fayette County Schools for all grades while living on our farm on Lee’s Lake Rd. In 1987, I moved to Pike County where I still reside. Much of my family still lives on our home place in Fayette County. My entire life has been spent in Fayette and Pike Counties – both in the Griffin Judicial District.
While attending school in Fayette County, I had the privilege of knowing Scott Ballard and his family. They are fine people with honorable reputations. When Scott ran for District Attorney in 2004, it was my pleasure to vote for him and enthusiastically support his candidacy. I cannot say enough kind words about Scott as an individual; our interactions have always been polite and friendly.
I will be voting for Rudjard Hayes for District Attorney on July 15th. I feel Rudjard will aggressively prosecute cases and seek the stiff penalties and sentences that the Griffin Circuit was respected for in prior years. We must have a DA that is willing to tackle felony cases head-on and push for sentences that deter future crime and support law enforcement’s efforts to apprehend and remove serious law breakers from our communities and counties.
Rudjard Hayes has a long and proven record of prosecuting criminals and standing up for victims of crime. I urge voters to look past lifelong friendships and “native son” sentiments to vote for the candidate that has made prosecuting criminals his career. Please join me in supporting Rudjard Hayes for District Attorney.
Respectfully,
Frank B. Flanders, III
Williamson
An Item Of Interest
To whom it may concern,
I am writing this letter to let you and all concern citizens know about my family’s experience when Mr. Rudjard Hayes was the Assistant District Attorney that was in charge of our criminal case.
First let me start out by stating that my daughter is a victim of child molestation and multiple other crimes of the same or worse nature. These crimes took place in April of 2007 while Mr. Hayes was still with the D.A.’s Office. When we went to the Griffin Sherriff’s Department and reported these heinous acts the assigned officer immediately decided to call the D.A.’s office to get their help. When Mr. Hayes walked inside that office the Officers first words were “You are in good hands now, Mr. Rudjard Hayes will make sure these people pay for what they’ve done.
He is the best.” Read Entire Letter
Letter to the Editor
Fayette Citizen , June 24, 2008
Prosecutorial errors, verdict reversals are responsibility of DA Ballard
I am writing to respond to the letter on June 10, 2008, from my opponent Scott Ballard. In that letter, Ballard attributes some of the prosecutorial errors which I have identified are allegedly attributable to his staff and that somehow, I have criticized his staff by pointing these errors out.
He refuses to respond to the issues I have identified as problematic, claiming that he cannot disclose information about cases. He also goes on to take credit for alleged successes in his office that can in no way be attributable to him.
I submit that we must demand leadership, integrity, aggressive prosecution of crimes, and the truth from our district attorney.
With respect to the numerous prosecutorial errors we have identified (i.e., faulty indictments, failure to prosecute, reversals on appeal, etc.), Ballard asserts that they are not his fault, but rather, are attributable to others in his office.
I find it unfortunate that he tries to hide the reasons for the blunders he has made by bringing his staff into the picture. I have never once faulted his staff. I have, however, faulted his leadership.
He is the district attorney. It is my opinion that the district attorney, much like a coach, has to take the blame and shoulder the responsibility for each and every decision made in the office. Strong and effective leaders accept this responsibility and accountability. My opponent does not.
This may explain why eight out of 11 prosecutors have left the district attorney’s office in the last 3.5 years, taking with them a total of approximately 80 years of prosecutorial experience.
I have identified issues that affect the community that I observed first hand as an employee of the Griffin Judicial Circuit that require the community’s attention and knowledge.
When challenged about his poor decisions, my opponent asserts that he will not be “goaded” into providing explanations about his poor decisions because many decisions that were made regarding cases were “quite personal to the crime victim” and because it “would be wrong to air those matters in a public forum.”
This is a strikingly different Ballard then the media intoxicated Ballard we saw one year ago at the time of the Chris Benoit case. Shortly after pro-wrestler Chris Benoit murdered his wife and son before committing suicide, Ballard did a tell-all interview with ESPN.com where he divulged all kinds of personal information about the victims involved.
Ballard was quoted as saying that the 7-year-old murder victim had needle marks on his arms and that he believed the boy had been given growth hormones because the family considered him underweight. Ballard also revealed the content of two text messages sent by Benoit a couple of days before the incidents. Then, Ballard went into great detail about the state of the wife’s body found in the house revealing that “her feet and wrists were bound and there was blood under her head ... it appeared she had been asphyxiated with some sort of cable.” Finally, Ballard gave actual details on how Chris Benoit used “weights, [a] pulley and cable to choke himself to death.”
It seems that Ballard does not only want, but does not need anyone to “goad” him into divulging personal information about his victims when the cameras are on. He is ready and willing to volunteer the information himself. It was quite wrong to divulge the manner and method in which Ms. Benoit and her son were killed in a public form. However, Ballard repeatedly exposed every grotesque detail about how it happened.
Perhaps he should expand his “Guarding What’s Ours” slogan to his practices with the media, and guard the dignity his victims once claimed as theirs.
Not only is this conduct reprehensible, but had there been an actual crime to prosecute, he would have tainted potential jurors with information about the crime that they should not have known until divulged in a trial.
Ballard has also attempted to avoid responding to questions about his poor prosecutorial decisions because, “some of the factors that led to (his) decisions involve evidentiary issues” and thus, disclosure of this information would allegedly, “just help the criminals.”
The issues which we have cited have not dealt with evidentiary issues; rather, they have dealt with improper prosecutorial procedures.
For example, a death penalty case in Pike County had to be dismissed and then re-indicted, because it was indicted improperly to begin with. Similarly, Internet predator cases in Peachtree City were improperly indicted, and Selfe v. State, one such case, has already been reversed on appeal.
Criminals and their defense attorneys are already quite aware that even if convicted by Ballard, they can likely seek reversal of their convictions based on procedural errors.
This is not news to them. It is however, new information to most of the voters in this circuit to which my opponent does not want to respond.
My opponent next asserted that he has allegedly saved the taxpayers of Fayette County “around $2 million” by clamping down on people who lie on affidavits to get their children into Fayette schools. It costs about $8,200 to educate a child in Fayette County schools. He would have to have prosecuted 244 cases of false affidavits to realize a $2 million savings. He has not prosecuted any.
Finally, my opponent has attempted to imply that my departure from his office was problematic. I voluntarily resigned one year ago, after giving notice, and working through that notice, because I could no longer work for a man who takes the word of child abusers over reliable evidence and children. Simply put, I left because I lost confidence in our district attorney.
The proverbial straw that broke the camel’s back for me was Ballard’s mishandling of and comments about the James Robert House case in Spalding County.
In that instance, Mr. and Mrs. House had a child of approximately 6 weeks of age that was severely burned on a space heater. All the evidence, including medical evidence, showed the burns were intentionally inflicted on the baby. I had indicted both parents for cruelty to children and recommended 20 years to serve on each (See indictment). Ballard wanted to try the case.
After he read the file, he told me that he changed my original plea offer on both parents. Ballard told me that he was reducing the plea on the father and dismissing on the mother because he just did not think people would do this to their own children.
Incidentally, the mother has the child back today and the father was sentenced to only about eight years.
I decided to be a part of the solution to this very serious problem. You can be too. I am asking for you to cast your vote for me, Rudjard Hayes, on July 15, 2008.
Rudjard Hayes
Candidate for District Attorney
www.rudjardhayes.com
Letter to the Editor
Thomaston Times, June 16, 2008
Dear Editor,
I am writing to respond to the June 4th article, "We're guarding what is
yours." It is important to note that my opponent's campaign slogan is,"Guarding what's ours," when he is in Fayette County. However, when it comes to the other 3 counties in the Griffin Judicial Circuit, his
slogan
changes to "guarding what is yours." I believe that all four counties
of
the circuit deserve leadership, prosecutorial experience, and resources.
My opponent has characterized our campaign's dissemination of factual
information to voters as "desperate." I see my opponent's attempt to gloss over his poor management skills and errors in judgment as desperate.
I believe it is responsible to provide people the facts and let them decide for themselves.
With respect to poor management, voters should know that in 3.5 years as
District Attorney, 8 out of 11 experienced Assistant District Attorneys have left the District Attorney's office in the Griffin Judicial Circuit.
This is a 73% turnover with respect to Assistant District Attorneys
alone.
There have been numerous investigators, victim advocates, and
administrative assistants, all of whom were experienced, that
voluntarily
resigned their employment as well. This high rate of turnover among
experienced personnel deserves scrutiny. We need competent and quality
leadership in a District Attorney to stem the loss of experienced staff.
Such employee turnover significantly impacts the circuit's budget.
We also need a District Attorney who will be tough on crime and make
sound prosecutorial decisions that are in the best interests of our communities.
I would not characterize testifying for a convicted child molester as a sound prosecutorial decision. However, my opponent has done just that.
Scott Ballard, while working as the District Attorney for this circuit,
traveled to Bainbridge, Georgia and testified as a character witness for
Jeffery Allen, a man convicted of molesting 5 young girls in his care.
Ballard voluntarily testified that Allen was "a good man," and "worth
taking a chance on." (Read Transcript).
My opponent also stated in the June 4th article that "law enforcement
officers put their lives on the line for us." Actions speak louder than
words however. Ballard fails to inform voters that when he testified for
the convicted child molester referenced above, there were felony
warrants
against Allen pending in the Griffin Judicial Circuit because Allen had
fought with a police officer and resisted arrest. The officers in the Allen case put their lives on the line. In return, Ballard testified for the man that had placed their lives in jeopardy.
The best predictor of future behavior is past behavior. My opponent has
clearly articulated through his actions what his priorities are. My
priorities are ensuring that crimes are aggressively prosecuted in the
Griffin Judicial Circuit, including Upson County, and that victims
receive
the assistance and support that they require to overcome whatever
tragedy
has brought them to the District Attorney's office to begin with. My priorities are a safer, more efficiently and effectively run District Attorney's office that represents victims of crime and not defendants.
I have spent a lot of time in Upson County. What strikes me as amazing
is
that despite being dealt with economic hardships, the people of Upson
County are unwavering. It is a community that can raise over $100,000
for
the American Cancer Society; it is a community that celebrates its
multi-cultural heritage from such celebrations as The Taste of Upson to
Emancipation Day. It is a proud community that deserves to be fully informed of the facts, not merely provided a campaign slogan as a promise.
I am asking for your support on July 15, 2008. For more facts, please
visit my website: www.rudjardhayes.com.
Sincerely,
Rudjard M. Hayes
Candidate for District Attorney
www.rudjardhayes.com
Residency Challenge Dismissed without Hearing
The State Office of Administrative Hearings has dismissed a challenge to the residency of District Attorney candidate Rudjard Hayes.
A hearing had been scheduled for Wednesday morning, but Hayes received notification that the challenge had been “removed from the hearing calendar and will be dismissed by order of the Judge,” without a hearing.
Hayes called the challenge --filed by Robert Jarvis -- “frivolous and a distraction from the real issues.”
He also said it was an attempt “to avoid discussing the real issues before the voters in this election.”
“I was never in doubt about the outcome of the challenge,” said Hayes.
“The dismissal of the challenge on the day of the hearing clearly demonstrates that the complaint was not based on fact or law.
“We can move forward and focus on the real issues in the campaign. I am running for District Attorney for the Griffin Judicial Circuit because all four counties which comprise this Judicial Circuit deserve leadership, competency, preparedness, and accountability from the District Attorney which they are not currently receiving. I have been a prosecutor for 12-plus years and am prepared to utilize this experience to provide the leadership that this community deserves.”
In the letter to the State Secretary of State Office challenging the residency, Jarvis claims that he was “informed that at the time of qualifying that he (Hayes) had homestead exemption in both Fayette and Coweta county. I feel this puts in jeopardy the residency requirement to hold office of District Attorney in the Griffin Judicial Circuit.”
Hayes denied this accusation from the start.
“Under Georgia law, a homeowner who purchased a home in June 2007, as we did in Fayette County, is ineligible for a homestead exemption until January of the next calendar,” said Hayes.
Hayes produced tax records from the Fayette County Tax Commissioners office to show that Hayes did not receive a homestead exemption on the 2007 property tax statement.
Also, a 2008 Coweta County Property Record Car from the tax office, states that “2008 -- removed exemption, receiving H/E in Fayette County records from the Coweta County tax office, state that “homestead exemption was removed.”
Hayes said he was well prepared for the hearing and had subpoenaed a number of people to testify on his behalf.
Letters to the Editor:
In response to an article written by Cindy Morley at the Fayette Daily News on 5.20.08,
http://www.fayettedailynews.com/article.php?id_news=1371, Rudjard writes:
Dear Editor:
I am writing regarding a recent plea handled by the District Attorney’s Office with respect to
four individuals charged with child molestation. Based on the indictments on file in the Fayette County Clerk of Court’s office, four individuals were charged with child molestation after two women, Barchi and Graham, engaged in sexual conduct in the presence of a young child, while two males Burns (the child’s father) and Graffeo, encouraged and photographed the sexual activity. The Official Code of Georgia 16-6-4, in part, states that any indecent or immoral act done in the presence of a child under the age of 16 years is child molestation. Clearly, the elements were met in this case by all four adults. Yet, no one was convicted of child molestation. Read Full Letter
Dear Editor:
I am writing in response to the press release / “letter to the editor” submitted by Scott Ballard and published by The Citizen on 5/27/08. The press release clearly demonstrates many of the reasons why I am running for District Attorney. The Griffin Judicial Circuit requires competent leadership, aggressive prosecution of crimes, and efficient and effective utilization of resources. The Griffin Judicial Circuit deserves proven experience to protect our communities. My opponent focuses on his “hometown” when he speaks about guarding what’s “ours.” When I use the term, “our,” I am referring to the entire judicial circuit, which includes Fayette, Pike, Spalding and Upson counties. The District Attorney’s office is supposed to represent victims of crimes in each of these counties, not just the DA’s “hometown” of “Fayette.” Currently, there is not even an Assistant District Attorney assigned full time to Pike County, and moreover, the budget for this office has continued to increase despite a lack of service from the District Attorney’s office to this community. Read Full Letter
Rudjard Hayes Qualifies as Candidate for District Attorney
May 8th, 2008 by The Committee to Elect Rudjard Hayes for District Attorney
Veteran Prosecutor Rudjard Hayes qualified at the State Capitol last week to
challenge incumbent Griffin Judicial Circuit District Attorney Scott Ballard in the Republican Primary on July 15, 2008. The Griffin Judicial Circuit includes Fayette, Pike, Spalding and Upson Counties.Hayes said, “I’m running for District Attorney because the incumbent is not doing enough to protect our families against predators and child molesters. Our community needs an aggressive, tough prosecutor who will protect our families. The current District Attorney has failed for four years to aggressively prosecute these crimes. He needs to explain why he is not willing to prosecute child molesters to the full extent of the law.”As an assistant district attorney for 12 years, Hayes prosecuted hundreds of criminal cases, and has devoted much time to prosecuting those who prey on children. Hayes has never had a conviction reversed or overturned on appeal.
Read more
Rudjard M. Hayes to Receive Ninth Annual Justice Robert Benham Award for Community Service
January 31st, 2008 by The Committee to Elect Rudjard Hayes for District Attorney
Article below originally published in Fayette Front Page
12/1/07 (10:09 p.m.) Rudjard M. Hayes, a partner at Sanchez Hayes & Associates in Tyrone, Georgia, was recently selected to receive the Ninth Annual Justice Robert Benham Award for Community Service, which is sponsored by the Georgia Chief Justice’s Commission on Professionalism. Hayes was one of only eleven individuals selected across Georgia to receive this honor.
Created in 1998 by the State Bar of Georgia, the award is named for Georgia Supreme Court Justice Robert Benham, who during his term as chief justice encouraged lawyers and judges in Georgia to become involved in serving their communities. The prestigious award recognizes Georgia lawyers and judges who have successfully combined a professional career with outstanding service and dedication to their communities through voluntary participation in community organizations, government-sponsored activities, or humanitarian work.
Between 1996 and 2007, Hayes served as an Assistant District Attorney in both the Coweta and Griffin Judicial Circuits. During that time, he also mentored college students, coached little league baseball in Sharpsburg, coached little league football in Peachtree City, began the mock trial program for Our Lady of Mercy Catholic High School in Fayetteville and at Georgia State University in Atlanta, and volunteered at Shepherd Spinal Clinic in Atlanta.
Last year’s community service award recipient for this judicial district was Judge Christopher C. Edwards of Fayetteville. An award ceremony for this year’s recipients will be held Tuesday, January 29 at the Georgia Bar Center in Atlanta, Georgia.
Located in Tyrone, Sanchez Hayes & Associates, LLC, is a diverse law firm that specializes in assisting employers with EEO issues and providing human resources training and coaching for managers and executives. The firm also provides general mediation services.
