Dekker cont. from page 12 girls had looked at the Utah Supreme Court Ac- two non-pornographic leagues of good repute and competency. quits Barton Bagnes For websites listed on Ba- Although the practitioner’s conduct did gnes’ flyer. No evidence not occur in medical practice, there is a Showing His Sesame was presented the two sufficiently close link or nexus between Street To Two Girls girls who had approached her conduct and the profession of medi- Bagnes felt afraid or cine for the conduct to be ‘in a profes- arton Jason Bagnes has been acquit- threatened by him. sional respect’. The practitioner is Bted by the Utah Supreme Court of Barton Jason Bagnes therefore guilty of ‘improper conduct in charges related to showing the Sesame Bagnes testified in his a professional respect’ within the mean- Street diaper he was wearing to two girls in defense that he had an incontinence prob- ing of s 13(1)(a) of the Medical Act. White City, Utah. Bagnes had been sen- lem since childhood and he had been ridi- tenced to 15 years in prison. Under the culed because of it. He also testified he The Administrative Tribunal rejected that Court’s ruling Bagnes’ activity was unusual showed children his diaper to let them know Dekker’s conduct was “infamous” because but it wasn’t criminal. adults “do indeed wear ,” and to help she immediately reported the incident to the children who might be struggling with in- police. The Tribunal did not consider there White City is about 15 miles south of Salt continence or similar problems to be open was no evidence Dekker could have done Lake City. Bagnes was 31 and living with about it. He acknowledged showing part of anything to have saved the injured woman his parents when in May 2009 he was walk- his diaper to the two girls, but he denied from dying at the crash scene from her ing in a White City neighborhood sucking completely pulling down his . Since extensive internal injuries. A hearing to on a candy binky. Bagnes is a small man, Bagnes testified the prosecution was al- determine Dekker’s penalty and costs was 5'-3" tall and weighing 100 pounds. Two lowed to cross-examine him about his lewd- set for February 2014. nine-year-old girl’s riding their bikes saw ness conviction in 2000 for showing his Bagnes and greeted him. One of the girls diaper to children. There was considerable reaction by medical saw the of a diaper he was wearing, and practitioner’s in Western Australia criticiz- asked him about it. The jury convicted Bagnes of all charges. ing the ruling in Dekker’s case. It set the precedent that no doctor can leave the scene Bagnes was wearing shorts, which he par- During his sentencing hearing in September of a possible injury accident — even if they tially lowered to show the girls the diaper, 2010 Bagnes told Judge Terry Christiansen have no way to meaningfully assist an in- which had an image of the Sesame Street that kids who have an incontinence problem jured person — without facing the possibil- character Elmo on it. The diaper completely aren’t allowed to be open about it. Bagnes ity of jeopardizing their medical career. One covered Bagnes’ pubic area, and showed acknowledged his approach to public edu- criticism was by Dr Sara Bird who com- less skin than a skimpy . The girls cation about diaper wearing “clearly wasn’t mented: “I think this is a very unreasonable had found a paper airplane made from a working,” but “I couldn’t think of any other decision. It is an extraordinary and an unre- piece of paper containing images of children way that would work.” alistic expectation to place on doctors.” and adolescents wearing diapers. Bagnes Bagnes’ lawyer Kimberly Clark argued that Click here to read the appeals courts ruling told the girls he made the airplane he should be sentenced to no more than a in Dekker v The State of Western Australia year in jail and undergo court ordered men- [2009] WASCA 72. and they asked him for another copy of tal health treatment. the flyer. The flyer Click here to read the ruling in Medical Judge Christiansen followed the prosecutor’s Board of Australia and Dekker [2013] included the ad- for two web- recommendation and ordered Bagnes to serve WASAT 182. a sentence of up to 15 years in prison on his sites that weren’t Elmo, the Sesame Street Sources: pornographic. character shown on Bar- sexual exploitation of a minor conviction, and Dekker v The State of Western Aust. [2009] WASCA 72 ton Bagnes’ diaper up to five years on his two convictions of Medical Board of Australia and Dekker [2013] lewdness involving a child. He ordered the WASAT 182 (11-14-2013] One of the girls took the flyers home, where her mother found them several days later. sentences to be served concurrently, for a Medical Board Of Western Australia (Applicant), Leila total sentence of up to 15 years in prison. Dekker (Respondent); SAT VR:127/2006 (6-8-2009) The mother called the police to report find- Medical Board Of Western Australia (Applicant), Leila ing the flyer. Dekker (Respondent); SAT VR:127/2006 (7-28-2006) Bagnes appealed. On February 14, 2014 the Utah Supreme Court unanimously over- Dr Leila Maria Dekker (Health Practitioner), Austra- The mother again called the police when lian Health Practitioner Regulation Agency, several days later her daughter told her that turned his convictions on the basis “the www.ahpra.gov.au (last visisted 1-10-2014) she and her friend again saw Bagnes. Ba- evidence was insufficient to sustain convic- Crash doctor decision ‘unreasonable’, By Paul Smith, tions for lewdness or sexual exploitation of Australian Doctor, December 3, 2013 gnes was arrested and charged with two counts of lewdness involving a child for a minor.” In State of Utah v. Barton Jason Leila Maria Dekker (Reg. No. 10635), Western Aus- Bagnes, 2014 UT 4 (UT Sup Ct., 2-14 tralian Government Gazette, List of Medical Practitio- showing his diaper to the girls, and one ners Registered 30 June 2008, State of Western count of sexual exploitation of a minor for 2014) the Court stated: Australia Governent Printer, July 31, 2002 showing the girls the flyer depicting chil- ¶1 Bagnes’s conduct was strange, and Leila Maria Dekker (Reg. No. 10635), Western Aus- tralian Government Gazette, List of Medical Practitio- dren and adolescents wearing diapers. socially inappropriate. But it did not fall ners Registered 30 June 2008, State of Western to the level of criminal lewdness or sex- Australia Governent Printer, August 22, 2008 During Bagnes’ trial in July 2010 the prosecu- ual exploitation under the criminal defi- Western Australia State Administrative Tribunal, Pub- tion didn’t introduce any evidence he exposed lic Register (2005-2014) himself to the two girls, or any evidence the Bagnes cont. on page 14

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 13 ISSUE 58 - WINTER 2015 Bagnes cont. from page 13 make their pubic regions visible in any way. It completely obscured them. nition of those terms as clarified below. ¶45 ... Absent evidence of exhibition, there can be no child pornography and Regarding Bagnes’ lewdness convictions thus no basis for a conviction for sexual the Court stated: exploitation. ¶26 A diaper is one of the most opaque, ¶46 ... the evidence did not sustain the bulky articles of one could imag- charges against him. ine wearing as an . If virtual exposure is the question, we cannot deem ¶47 Some forms of antisocial behavior the public display of a diaper to qualify are simply beyond the reach of the crimi- unless we are prepared to also criminalize nal law. That appears to be the case here, a range of other clothing that is much less at least insofar as the charges of lewdness opaque and far less obscuring (such as and sexual exploitation are concerned. certain swimwear, or even athletic or workout attire). The difference between The Court’s ruling the prosecution intro- the former and the latter is social accept- duced insufficient evidence bars Bagnes’ ability—not lasciviousness in the form of retrial under double jeopardy. virtual exposure. And the statutory defi- nition of the crime has nothing to do with Click here to read the Court’s ruling in the former and only to do with the latter. State of Utah v. Barton Jason Bagnes, 2014 UT 4 (UT Sup Ct., 2-14-2014). Seann Odoms (middle) wearing his diaper in public, ¶27 ... the flyers are insufficient to trans- with his arms around two girls he met on Kings form a mere oddity (display of an adult Seann Odoms is a diaper wearing advocate Road in London (Seann Odoms Facebook page) diaper) into a criminal act of lewdness from London, England whose Facebook (by virtual exposure). page has many photos of him wearing a in 2 months from a member of the pub- ¶29 Finding no evidence of lascivious, diaper in public. In September 2013, three lic; in fact I get incessant requests for virtual exposure, we reverse Bagnes’s years after The Salt Lake Tribune published photographs from tolerant and creative- convictions for lewdness involving a its article about Bagnes’ sentencing, Odoms minded European citizens. Maybe edu- child. wrote a 900 word comment to the article cation in the Mormon State is more online in which he effectively accused Judge dysfunctional than ours in the UK. Regarding Bagnes’ sexual exploitation of a Terry Christiansen of being diaperphobic ... minor conviction the Court stated: and prejudiced against adult diaper wearers There was no abuse or exposure per se for his harsh uncompassionate treatment of [by Bagnes]. Do you really think the ¶36 Our Victorian past is well behind us. Bagnes. Odoms’ comment states in part: children to whom he revealed his dia- We no longer live in a society where our pers were alarmed? I would bet my an- style conventions and social mores This is terrorism! nual cache of Tenaslips that they all clamor for -to-toe cover-up. The Let us look at the brass tacks here. actually laughed themselves sick. What, opposite is closer to the truth. Right or may I ask, is criminal about making a wrong, our society roundly tolerates— [Judge] Christiansen knows for a fact laughing-stock out of yourself? and often encourages—ever-less sartori- that 1 in 8 people in the USA suffer with al coverage of the human body. Whether chronic bedwetting sometime in their Flashing? Are you serious? If all the at the gym, the pool, the beach, or even school years, because he will have read tarts & bimbos spawned by the USA’s the public square, we routinely encoun- the OFFICIAL statistics whilst sitting depraved culture, habitually exposing ter those who would flaunt or manifest this case...... that is; if he is literate! themselves from under pathetic short their (heretofore) private parts, including ... and cut-off pants, were similarly their pubic regions. And depictions of It wasn’t the Law that saved gays from charged and imprisoned, the tax bill these sorts of “exhibitions” are peppered persecution, because, if Christiansen is would send most of you 320 million across the pages of our mainstream mag- an example, the Law is administered by Americans into starvation. azines, catalogs, newspapers, etc. (in politically-retarded bigots. Gays became Forget the diaper for a minute! It is an print and online). accepted because, against their conser- undeniable fact that ...... if Bagnes had ¶37 Purveyors of this material would vative nature, they started dressing in persistently dropped his pants in front of hardly expect to face criminal charges tight pink shorts and similar in public. It children to reveal BOXERS or , for child pornography or sexual exploi- was only then that the moron majority he would not have faced trial and sentence tation. And if they were so charged, they realised that gay people are common- at all. Therefore there is no legal “expo- could undoubtedly maintain strong con- place and consequently must be ok. sure” or “abuse” per se..... legal fact! stitutional defenses under the Free I am doing the same in the UK, walking So, the only difference, the only pertinent Speech and Due Process Clauses. about in public in diapers and explain- factor in the warped, perverted mind of ¶44 We reverse Bagnes’s sexual exploi- ing my incontinence awareness cam- this Judge is ... THE DIAPER ITSELF. paign, NappyzRNormL, to anyone tation conviction ... Bagnes’s flyers in Therefore this is clear proof that [Judge] no way depicted any exhibition of the honest enough to ask or challenge me. It seems fine in the eyes of authority, in Christiansen has sentenced Bagnes to 15 pubic region. The children and adoles- years imprisonment solely for wearing a cents depicted in the flyers were wear- the form of our ever-present Police, and ing diapers, and the diapers did not I have only had one aggressive approach Bagnes cont. on page 15

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 14 ISSUE 58 - WINTER 2015 The State Police investi- Delaware P.D.’s Office gation was triggered Trial By Perjury: Files Motions To Over- when during a trial in Millionaire, Mania & early February 2014 a turn Hundreds Of Taint- prosecutor recognized Misinformation ed Drug Convictions the pills in evidence that were supposed to be rial By Perjury by Nancy Hall is about Delaware Chief how Celeste Beard Johnson was con- n February 20, 2014 the Delaware State Medical Examiner Oxycontin were in fact T Richard T. Callery blood pressure medica- victed in 2003 of capital murder in the death OPolice shut down the Controlled Sub- of her then husband Steven F. Beard, who stances Lab inside the Delaware Medical Ex- tion. The investigation discovered that lab surveillance cameras died of natural causes in 2000. She was aminer’s Office after it was discovered the lab sentenced to life in prison. had lax security, and drug evidence for crimi- were disabled, drug evidence was missing, and there were numerous discrepancies be- nal cases was missing and in some cases While in bed at home in Oct. 1999, Steven replaced with fake evidence. Within days the tween when police log notes showed drug evidence was submitted to the crime lab and was shot in his stomach with a shotgun. Delaware’s Attorney General requested that Tracey Tarlton, a woman who became infat- all drug related criminal cases in the state be when the lab recorded it as having been received — which allowed time for fake uated with Celeste after they met in Febru- delayed, and Delaware Chief Medical Exam- ary 1999, admitted the shooting and she was iner Richard T. Callery was suspended pend- evidence to be substituted for drugs and logged in. charged with Injury to an Elderly Person. ing an investigation of the lab’s operation. Steven recovered and was discharged from the on January 18, 2000. The next In early March 2014 the State Police began a When the scandal was first reported Dela- ware Public Defender Brendan O’Neill told day he was readmitted with a yeast infection separate criminal investigation into whether and he complained of chest pains. Exams Callery misused state resources to run his reporters, “I don’t think this is going to end soon. This is the tip of the iceberg.” showed he had severe heart disease and private consulting business. Callery’s state other medical problems. He died four days salary was $198,500 a year, and he charged at In the first wave of an expected 9,500 mo- later. Tarlton and Celeste were charged with least $200 an hour as an expert witness — murdering Steven. Tarlton agreed to plead primarily for out-of-state defendants. tions to vacate tainted drug related felony and misdemeanor convictions between guilty and testify against Celeste in ex- 2010 and February 2014, the Public De- change for a reduced charge and a 10-20 Bagnes cont. from page 14 fender’s Office filed motions on April 30, year prison sentence. Celeste was convicted 2014 to overturn 112 cases. The motions even though medical evidence showed Ste- diaper. That is abuse of the U.S. Consti- described the state’s crime lab was “an ven died of natural causes – not murder. tution and is straight out of the Al Qaeda investigative arm” of the prosecutor’s of- handbook! fice. As of mid-May 420 motions to vacate In Trial By Jury author Nancy Hall cites No doubt, if this amoral dysfunctional drug convictions have been filed by the extensively from the case record to explain found his next-door neighbour was in- Delaware Public Defender’s Office. how the the prosecution was able to convince continent, he would use his deviously the jury that Steven Beard's death was murder attained license to bully minorities from Sources: and that Celeste was involved in his shooting. public office to pressure the neighbour- Drug scandal hits Medical Examiner’s Office, The into persecuting the sufferer. Well, News Journal (Wilmington, Del.), February 22, 2014 Trial By Perjury is only available as an Delaware medical examiner suspended in drug probe, Amazon Kindle e-book for $3.99. Trial By it is his only chance to justify his posi- The News Journal (Wilmington, Del.), Feb. 28, 2014 tion as judge and chief witchfinder-gen- Perjury is 252 pgs. Click here to order ME’s side work under criminal investigation, The Trial By Perjury from Amazon.com. eral, because he is precluded by Law News Journal (Wilmington, Del.), March 12, 2014 from targeting “niggers, Yids and AG disputes ties to Medical Examiner’s Office, The queers”; ...... is that right, Christiansen? News Journal (Wilmington, Del.), May 2, 2014 ... Attorney seeks to toss 420 drug convictions, The News Judge Christiansen appears to me to be Journal (Wilmington, Del.), May 13, 2014 a lot more latter-day Klansman than latter-day Saint! Visit Justice Denied’s Click here to read Seann Odoms’ com- Website plete comment to The Salt Lake Tribune’s article that is towards the bottom of the page. www.justicedenied.org

Seann Odoms Facebook page with photos Back issues of Justice: Denied can of him wearing a diaper all over London is, be read, there are links to wrongful www.facebook.com/seann.odoms. conviction websites, and other in- formation related to wrongful con- Sources: victions is available. JD’s online State of Utah v. Barton Jason Bagnes, 2014 UT 4 (UT Sup Ct., 2-14-2014) Bookshop includes more than 70 Utah court wipes ‘Diaper Man’s’ record clean, The wrongful conviction books, and Salt Lake Tribune, February 14, 2014 JD’s Videoshop includes many Judge sends “Diaper Boy” to prison, The Salt Lake dozens of wrongful conviction mov- Tribune, September 20, 2010 ies and documentaries.

JUSTICE DENIED: THE MAGAZINE FOR THE WRONGLY CONVICTED PAGE 15 ISSUE 58 - WINTER 2015