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WWW.MY-SUBS.CO
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Synced & corrected by kinglouisxx
www.MY-SUBS.com
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Well, it always starts with somebody.
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00:00:15,015 --> 00:00:17,142
If it didn't happen to me,
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it probably would have happened
to somebody else.
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00:00:19,978 --> 00:00:24,816
The same thing would have definitely
happened to some other person.
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00:00:28,195 --> 00:00:33,951
As we were told,
this is the first case in history.
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So do you think there is a...
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00:00:39,707 --> 00:00:41,458
moral in this story?
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We've been showing images of ourselves
for thousands of years.
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00:02:02,497 --> 00:02:07,502
Hey, guys! So we are going to be doing
the Lick My Body challenge.
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That was your tongue.
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Every single one is dialed in.
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Welcome to parenting in 2015.
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They're all just completely transfixed
by the technology.
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One-third of all photos
young people take are selfies.
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Selfie indulgence may be like a drug.
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How many likes do you need to get
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so you feel okay with your day?
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I think 80 to 100 is,
like, a pretty good range.
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Are you serious?
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Just about putting yourself out there
every second.
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Are you one of the millions
of people wondering,
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like, what is this crazy app
called Periscope?
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If you want to interact, people,
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00:03:01,473 --> 00:03:04,601
you can go ahead and comment here
in the comments
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00:03:04,684 --> 00:03:06,854
or you can just lurk,
if that's what you're into.
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00:03:06,937 --> 00:03:09,606
Um... so what's the real purpose?
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Who's gonna use this on a daily basis?
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All the hearts.
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Hearts, hearts, hearts, hearts, hearts!
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They match your hair.
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Whoever you are, you're great.
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Live-streaming at the touch of a button
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can be a dangerous tool
in the hands of teenagers.
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Who would've thought?
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They use the apps to connect,
to form relationships,
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explore their sexuality.
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I am a virgin, BornSinner.
I am. I really am.
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It's really easy to see
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how you could stream something in the heat
of the moment and regret it later.
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New tonight, an 18-year-old
woman arrested at New Albany High School
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after allegedly broadcasting a rape
on social media.
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Investigators say she was live-streaming
the assault on Periscope.
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It's a story making headlines
across the country, too.
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Authorities were contacted
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after an out-of-state friend
of 18-year-old Marina Lonina
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saw the horrific images appear
on her social media account.
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She got taken up with all the likes
that her live stream was getting
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and therefore continued to do it
and did nothing to aid the victim.
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They were preyed upon by this pervert.
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Why couldn't she use the phone
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she was live streaming on to call 911
while this was happening?
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Listen, I wasn't there.
I'm not inside her head.
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All I know is she's not a criminal.
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Lonina's bond set at $125,000.
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Shamansky expected her bond
to be posted almost immediately.
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For now, reporting live from downtown,
Reneé LaSalle, NBC 4.
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Marina didn't call 911.
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00:05:07,808 --> 00:05:09,808
She didn't run for help.
She didn't try to stop it.
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00:05:09,851 --> 00:05:13,855
If she knew it was a bad situation,
why was that her first instinct?
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00:05:13,939 --> 00:05:16,233
He's said to have bought them
a bottle of vodka
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while also proposing
they meet up the next day.
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This white savage, Marina Lonina.
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Here's her primary address.
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Kids, I shouldn't have to tell you this,
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but you shouldn't commit crimes, period.
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00:05:31,289 --> 00:05:34,584
But you definitely shouldn't commit crimes
and broadcast them via cyberspace.
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- It's vile.
- Absolute stupidity.
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I have never
seen a time like this before.
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My name is Marina Lonina,
and I am 18 years old.
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00:06:04,197 --> 00:06:09,953
Four years ago, I moved to United States,
and I'm living with my dad only.
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Would it be easier
for you to speak in Russian?
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Well, yeah... All right.
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When I saw myself in the news
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I was kind of...
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shocked...
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and bewildered.
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There was too much information
that was just too hard to read,
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so I was unable
to read some of the articles...
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because it hurt too much
to see all those things.
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I'm still doing my best not
to read this stuff.
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When we were reading those articles,
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there were such terrible things.
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They twisted everything,
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distorted all the facts...
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and created a very strange picture
that had nothing to do with reality.
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They said that guy was her friend.
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That's not true. He's no friend of hers.
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They wrote, "A woman from Ohio..."
as if it were some grown-up woman.
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She's still a little girl.
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Everything was distorted.
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Can you describe
what happened that night?
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Uh...
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Well, let me think for a moment...
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It's hard for her.
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This was the first case
that I was aware of
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involving the use of the Periscope app...
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to record the actual commission
of a crime.
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00:09:02,917 --> 00:09:05,253
- Hey, Jeannie.
- Hey.
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00:09:06,003 --> 00:09:08,465
She's charged with being an accomplice
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to the sexual assault itself.
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So she faces the same
rape charges he does.
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00:09:24,397 --> 00:09:27,024
The actual taping of it
was a separate offense.
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00:09:27,817 --> 00:09:33,323
And so she's also charged with
pandering obscenity involving a minor.
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00:09:38,870 --> 00:09:42,374
I don't think the case is triable
from the defense standpoint,
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simply because she can't deny really
the photographing of the minor.
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She probably faces close to 20 years.
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00:09:51,133 --> 00:09:53,676
In addition to the prison sentence,
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she could be required to be a registered
sex offender for the rest of her life.
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00:09:58,014 --> 00:10:00,642
So if she's willing to testify,
it's very likely
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that she will be treated leniently
in connection with the case.
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00:10:06,439 --> 00:10:09,442
That is if she's willing to cooperate.
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00:10:19,161 --> 00:10:21,663
The facts are not in dispute.
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She, of course, filmed the encounter,
streamed it live.
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00:10:28,753 --> 00:10:31,256
The mountain we need to climb is
to put it in perspective.
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00:10:32,340 --> 00:10:34,426
What she did was a huge mistake
by filming it.
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00:10:34,509 --> 00:10:37,262
She acknowledges that.
She's acknowledged it from day one.
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00:10:37,345 --> 00:10:39,514
But here's the problem.
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It's the mandatory nature of sex offenses
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00:10:42,809 --> 00:10:46,438
that requires a registration
for 20-plus years.
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00:10:46,521 --> 00:10:50,192
The hardcore rapists, the sex offenders,
the repeat pedophiles,
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those pieces of human shit who ruin lives,
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for their own sick amusement need
to be on that registry.
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Marina doesn't deserve to be on this list.
It's an absolute outrage.
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00:11:04,206 --> 00:11:07,500
My client's already been convicted
in the court of public opinion
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00:11:07,584 --> 00:11:10,420
given the intense scrutiny
that this case received in the beginning.
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00:11:11,128 --> 00:11:13,215
That's too bad
because we live in a society
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00:11:13,298 --> 00:11:15,425
that consumes news in little bites.
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00:11:15,508 --> 00:11:19,637
It's gotta be fresh. It's gotta be now.
There's nothing thoughtful about it.
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00:11:19,721 --> 00:11:22,014
It takes a more circumspect person to say,
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00:11:22,098 --> 00:11:24,642
"What's the backstory here?
How did this happen?
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00:11:24,726 --> 00:11:27,520
How does a kid find herself
in a circumstance such as this?"
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00:11:27,604 --> 00:11:30,607
Nobody ever probes that sort
of information in a news story.
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00:11:30,690 --> 00:11:32,149
"Who is this kid?
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00:11:33,150 --> 00:11:36,153
Why are we really so interested
in this case?"
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00:11:51,586 --> 00:11:52,629
Marina?
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00:12:05,266 --> 00:12:08,019
It's time to get up.
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00:12:26,162 --> 00:12:28,581
It's already 10:00 a.m.
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00:12:32,001 --> 00:12:35,088
I consider myself a normal teen,
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00:12:35,171 --> 00:12:39,926
because I have the very same interests
as the other kids do.
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00:12:52,063 --> 00:12:57,235
My plans for the future are very similar
to that of all others,
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00:12:57,318 --> 00:13:02,907
to successfully finish school,
enter college and university, get a job...
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00:13:02,991 --> 00:13:05,576
So... something like that.
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00:13:12,583 --> 00:13:16,254
I'm like everyone else.
Like all other people.
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00:13:18,464 --> 00:13:21,384
I want to have a regular simple life.
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00:13:21,467 --> 00:13:25,179
I want life to be peaceful,
and I want a quiet feeling in my heart.
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00:13:35,314 --> 00:13:36,835
Good morning, come in.
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00:13:37,567 --> 00:13:39,068
Come on back, let's talk.
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00:13:43,281 --> 00:13:45,825
- Marina, you doing all right?
- Yeah. Yeah.
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00:13:46,325 --> 00:13:48,285
We really need to set up this meeting
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00:13:48,370 --> 00:13:50,329
as quickly as possible
with the prosecutors.
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00:13:50,413 --> 00:13:51,414
Mm-hmm.
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00:13:51,498 --> 00:13:54,208
We have a wish list
of what we want to accomplish
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00:13:54,291 --> 00:13:58,129
and at the top of our list is we want
to keep you out of jail.
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And we also want
to try to resolve this case
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with an offense that's expungeable.
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00:14:03,510 --> 00:14:05,387
To take it off your record someday, right?
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00:14:05,470 --> 00:14:06,471
Mm-hmm.
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00:14:06,554 --> 00:14:08,848
And only certain offenses are expungeable.
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00:14:08,931 --> 00:14:11,768
So the second-degree felony for allegedly
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- periscoping the... the conduct...
- Mm-hmm.
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00:14:13,978 --> 00:14:15,298
If there's a conviction for that,
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that'll never come off
of your record, unfortunately.
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00:14:18,525 --> 00:14:21,778
And it'll put you on that registry,
where you don't wanna be.
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00:14:23,946 --> 00:14:25,782
That'll haunt you, and we don't want that.
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00:14:25,865 --> 00:14:27,450
You certainly don't deserve that.
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00:14:29,285 --> 00:14:30,870
You wanna help any way you can.
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00:14:31,538 --> 00:14:34,999
So you're gonna choose right now
to give them assistance.
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00:14:35,082 --> 00:14:37,334
And in exchange, we hope to gain...
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00:14:37,419 --> 00:14:41,464
what I believe is well-deserved leniency,
a break for you.
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00:14:42,965 --> 00:14:44,175
Mm-hmm.
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00:14:46,135 --> 00:14:48,776
I'm not looking for a dismissal.
I'm not looking for a misdemeanor.
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00:14:49,639 --> 00:14:53,435
I'm looking to accept responsibility
for an appropriate felony
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00:14:53,518 --> 00:14:58,690
that is neither too severe
or less severe than is warranted.
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00:14:58,773 --> 00:15:03,236
They're going to
think about what to do next, right?
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00:15:03,319 --> 00:15:04,320
Right.
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00:15:04,404 --> 00:15:05,655
Okay.
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00:15:05,738 --> 00:15:07,657
Everything is going to be fine, Papa.
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00:15:07,740 --> 00:15:09,900
We're going to go there,
and I'm going to talk to them.
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00:15:09,951 --> 00:15:13,413
I have to talk to them by myself.
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00:15:13,496 --> 00:15:16,624
Okay, I understand. You're going to tell
them everything that happened, right?
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00:15:17,208 --> 00:15:19,544
She's not
a sociopath. She's not a rapist.
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00:15:19,627 --> 00:15:22,129
She's not a mean-spirited little bitch.
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00:15:22,755 --> 00:15:25,132
She's a kind-hearted good kid,
made a mistake.
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00:15:26,801 --> 00:15:29,721
An error in judgment,
a momentary lapse of reason.
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00:15:29,804 --> 00:15:31,598
Nothing less and nothing more.
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00:15:54,912 --> 00:15:57,790
Marina has no record.
That is in her favor.
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00:15:57,874 --> 00:16:00,126
But the fact that
there is a sexual assault
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00:16:00,209 --> 00:16:03,170
that she seemed to encourage is something,
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00:16:03,254 --> 00:16:05,590
and probably,
the primary thing against her.
191
00:16:08,009 --> 00:16:12,555
Mr. Shamansky's viewpoint
is that she was merely taping it stupidly.
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00:16:13,765 --> 00:16:15,349
But I think when you view the tape,
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00:16:15,432 --> 00:16:18,895
we think that she was doing
more than just taping it.
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00:16:23,315 --> 00:16:26,736
The video, which was
about eight and a half, nine minutes long,
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00:16:26,819 --> 00:16:31,198
depicts the assailant
sexually assaulting the victim.
196
00:16:31,282 --> 00:16:36,788
You can observe the victim crying,
asking the assailant to stop.
197
00:16:37,622 --> 00:16:41,333
The app itself does reflect various likes
198
00:16:41,417 --> 00:16:44,336
that were going on
during the live-streaming.
199
00:16:47,673 --> 00:16:51,844
Marina, you can see laughing
while this is going on.
200
00:16:52,595 --> 00:16:56,766
Looking backwards towards
the Periscope almost as if,
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00:16:56,849 --> 00:16:59,769
you know, she wanted to be included in it
as a selfie.
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00:17:07,443 --> 00:17:09,987
I don't think, from our viewpoint,
there's any question.
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00:17:10,863 --> 00:17:14,659
She knew that it was not consensual.
204
00:17:14,742 --> 00:17:17,662
The victim wanted Mr. Gates to stop.
205
00:17:18,663 --> 00:17:22,291
And was in no way trying
to assist the victim.
206
00:17:29,757 --> 00:17:32,260
Her cooperation can only be helpful.
207
00:17:32,969 --> 00:17:35,054
Question is, how helpful?
208
00:17:35,137 --> 00:17:37,431
Will it get us over the hump we need?
I don't know.
209
00:17:48,442 --> 00:17:50,486
- Hi, Jerry!
- Okay!
210
00:17:50,570 --> 00:17:52,697
- How are you?
- All right! How are you?
211
00:17:54,824 --> 00:17:57,827
I try to do everything within my power,
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00:17:57,910 --> 00:18:03,457
everything she needs,
so that her life is good and she's happy.
213
00:18:09,255 --> 00:18:10,464
Wow!
214
00:18:11,215 --> 00:18:12,842
Wow!
215
00:18:12,925 --> 00:18:14,969
It's natural for me.
216
00:18:15,052 --> 00:18:19,515
She's my daughter, a part of me.
She's the closest person to me.
217
00:18:28,274 --> 00:18:34,405
I do everything
in my power to keep her spirits up
218
00:18:34,488 --> 00:18:40,911
and keep our hope and faith alive
219
00:18:40,995 --> 00:18:45,416
that everything is going to turn out fine.
220
00:18:46,334 --> 00:18:50,379
- Look at those pretty yellow flowers.
- Mm-hmm.
221
00:18:50,880 --> 00:18:55,593
The advice I get from my father is
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00:18:55,676 --> 00:19:01,557
there are certain rough times
in life, for sure,
223
00:19:01,641 --> 00:19:06,354
but you have to muster up willpower
and simply move on.
224
00:19:06,937 --> 00:19:09,523
Never give up.
225
00:19:17,156 --> 00:19:22,745
Of course, I'm very sorry that my father
doesn't have the best daughter,
226
00:19:22,828 --> 00:19:24,830
even though he is the best father.
227
00:19:38,135 --> 00:19:42,139
I am very grateful to my father
for being in my life.
228
00:19:47,353 --> 00:19:49,063
For always being with me.
229
00:19:49,146 --> 00:19:53,401
For being there
during the hardest times in my life.
230
00:20:02,159 --> 00:20:04,328
Over there is a little soccer field.
231
00:20:04,412 --> 00:20:08,999
Lately, we started to spend quite a lot
of time together
232
00:20:09,667 --> 00:20:11,168
since I found myself alone,
233
00:20:11,252 --> 00:20:16,298
and he was the only one around
in my hour of need.
234
00:20:22,680 --> 00:20:27,476
Even though I'm being raised
without my mother,
235
00:20:27,560 --> 00:20:30,187
I can't say he does his duty any worse.
236
00:20:30,271 --> 00:20:34,275
He always worries
about me whenever I go somewhere,
237
00:20:34,358 --> 00:20:36,277
always calls me, practically every minute.
238
00:20:38,529 --> 00:20:40,823
He wants everything in my life
to be all right.
239
00:20:43,159 --> 00:20:44,201
That's all.
240
00:21:05,264 --> 00:21:07,641
I was born in Moscow, Russia.
241
00:21:16,525 --> 00:21:20,029
I don't remember much about my life,
because I was young.
242
00:21:22,615 --> 00:21:24,950
But I remember that it was simple life.
243
00:21:28,370 --> 00:21:30,164
I had a lot of friends.
244
00:21:32,792 --> 00:21:34,960
And I'd see them every day.
245
00:21:39,840 --> 00:21:41,383
It's like your family.
246
00:21:43,677 --> 00:21:45,221
Your second family.
247
00:21:51,310 --> 00:21:52,686
I was very happy.
248
00:22:00,528 --> 00:22:02,363
When I was 14 years old,
249
00:22:02,947 --> 00:22:06,575
my dad told me that we're moving
to America.
250
00:22:12,915 --> 00:22:16,210
I felt very surprised.
251
00:22:16,961 --> 00:22:20,589
When I told my friends I am moving,
they were happy because
252
00:22:20,673 --> 00:22:23,759
everyone in Russia wants
to move to America.
253
00:22:29,348 --> 00:22:34,770
America is a country
with a lot of opportunities.
254
00:22:39,859 --> 00:22:42,570
I thought that it would be great.
255
00:23:00,921 --> 00:23:04,008
When I moved here,
my life changed dramatically.
256
00:23:08,637 --> 00:23:11,223
I didn't have so many friends...
257
00:23:12,558 --> 00:23:15,769
and I didn't have anyone to hang out with.
258
00:23:26,447 --> 00:23:29,867
One day my friends were using Periscope.
259
00:23:30,993 --> 00:23:34,872
I saw it and got intrigued.
260
00:23:35,998 --> 00:23:40,669
I decided to download this app
and try it out.
261
00:23:42,922 --> 00:23:46,592
We can go to Russia
and see what's going on.
262
00:23:48,052 --> 00:23:51,764
Look here, there are even people
this guy's age.
263
00:23:52,598 --> 00:23:57,269
So I started
to actively participate in it.
264
00:23:58,020 --> 00:23:59,313
I could socialize.
265
00:23:59,897 --> 00:24:03,943
We'd tell interesting stories and jokes.
266
00:24:04,693 --> 00:24:08,489
You can find people
with the same interests,
267
00:24:08,572 --> 00:24:14,078
people you could talk to
and have a lot of fun with.
268
00:24:14,662 --> 00:24:16,330
You can create a page
269
00:24:17,206 --> 00:24:21,669
and be a completely different person
from who you are in your real life.
270
00:24:26,882 --> 00:24:31,804
We developed a wide circle of followers
271
00:24:31,887 --> 00:24:35,432
and international visitors
who would write to us.
272
00:24:36,558 --> 00:24:39,812
You receive many messages.
273
00:24:39,895 --> 00:24:41,897
Many people watch you.
274
00:24:43,565 --> 00:24:44,817
And...
275
00:24:45,818 --> 00:24:47,945
you somehow feel significant.
276
00:24:48,028 --> 00:24:50,447
I don't know,
probably significant for someone.
277
00:24:59,873 --> 00:25:04,336
Good morning, everyone.
278
00:25:04,420 --> 00:25:06,380
Here's South Beach.
279
00:25:06,463 --> 00:25:08,382
You're looking at somebody's life
280
00:25:08,465 --> 00:25:12,803
and what's happening to them
at that moment.
281
00:25:13,387 --> 00:25:18,350
You see their interests
and how they see the world.
282
00:25:23,814 --> 00:25:25,482
Everything is there.
283
00:25:33,282 --> 00:25:37,745
It's kind of ordinary now
284
00:25:37,828 --> 00:25:40,414
to see sexual content.
285
00:25:41,623 --> 00:25:43,334
Have I ever tasted cum?
Of course I have.
286
00:25:43,417 --> 00:25:46,420
Spitters are quitters.
I swallow it whenever I take it.
287
00:25:47,004 --> 00:25:48,964
There are even some videos
288
00:25:49,048 --> 00:25:53,677
where girls show off their breasts
289
00:25:53,761 --> 00:25:56,513
and bottoms.
290
00:25:56,597 --> 00:25:58,682
Where people are kissing.
291
00:25:59,475 --> 00:26:00,934
It's normal.
292
00:26:02,352 --> 00:26:03,979
- Open this shit.
- Ow!
293
00:26:04,188 --> 00:26:07,149
What I filmed wasn't
anything out of the ordinary.
294
00:26:08,108 --> 00:26:12,654
On Periscope,
there was a lot of this kind of content.
295
00:26:12,738 --> 00:26:15,458
- Break 'em up. Come on.
- She gonna kill this bitch.
296
00:26:15,532 --> 00:26:17,826
All kinds of fights.
297
00:26:17,910 --> 00:26:20,204
Pretty much anything you want.
298
00:26:24,208 --> 00:26:25,459
And besides, what I filmed
299
00:26:25,542 --> 00:26:29,505
was much less explicit
than what you normally see.
300
00:26:36,887 --> 00:26:38,990
The advent of the Internet
has been a boon
301
00:26:39,014 --> 00:26:43,269
for criminal defense lawyers, so I now
have a drawer full of sex-type offenses
302
00:26:43,352 --> 00:26:44,936
that would've never existed before.
303
00:26:47,606 --> 00:26:51,026
Everybody's now a photographer,
and to distribute the media
304
00:26:51,777 --> 00:26:53,445
is nothing more than a click.
305
00:26:56,157 --> 00:26:59,701
There's always a shifting societal view
of what's normal,
306
00:26:59,785 --> 00:27:01,828
what's moral, what's acceptable...
307
00:27:12,631 --> 00:27:14,883
We're using laws
that were written 20 and 30 years ago,
308
00:27:14,966 --> 00:27:18,136
to apply to a new digital world
that's ever-evolving and changing.
309
00:27:20,514 --> 00:27:21,682
Hey.
310
00:27:21,765 --> 00:27:25,060
So, there's gonna be a lag
between modern behavior
311
00:27:25,144 --> 00:27:28,605
and laws that catch up with that behavior
and put it in a proper perspective.
312
00:27:29,106 --> 00:27:30,816
Listen, I recognize that your office
313
00:27:30,899 --> 00:27:33,444
has got a need to send a message
in this case. I get it.
314
00:27:33,527 --> 00:27:36,863
We're just at the very beginning
of this social media firestorm
315
00:27:36,947 --> 00:27:38,990
that's gonna keep coming
at us collectively.
316
00:27:39,074 --> 00:27:42,619
My client is resigned to the fact
that punishment is appropriate.
317
00:27:42,703 --> 00:27:47,541
My narrow wish list is something
that's ultimately expungeable
318
00:27:48,292 --> 00:27:50,210
and doesn't put her on the registry.
319
00:27:51,212 --> 00:27:53,464
- Sound good? Perfect.
- Okay.
320
00:27:53,547 --> 00:27:55,858
- Thanks for seeing me. I appreciate it.
- Yeah. I appreciate it.
321
00:27:55,882 --> 00:27:57,634
- We'll talk to you soon.
- Okay.
322
00:28:03,807 --> 00:28:06,160
I'm hopeful that
everything's gonna come together
323
00:28:06,184 --> 00:28:07,644
in a way that makes sense.
324
00:28:08,520 --> 00:28:10,731
But in terms of complication,
325
00:28:10,814 --> 00:28:15,694
obviously Marina's value
as a witness diminishes
326
00:28:15,777 --> 00:28:20,407
if Mr. Gates decides to accept
responsibility for raping the victim.
327
00:28:22,534 --> 00:28:24,202
From a negotiating standpoint,
328
00:28:24,286 --> 00:28:28,039
it's in our best interest
that he be resistant to a plea,
329
00:28:28,123 --> 00:28:30,876
which would make
Marina's testimony more valuable.
330
00:28:35,339 --> 00:28:36,465
All rise.
331
00:28:43,514 --> 00:28:44,765
You may be seated.
332
00:28:53,774 --> 00:28:57,236
This is case number 16-CR-1993,
333
00:28:57,319 --> 00:29:00,113
State of Ohio v. Raymond B. Gates.
334
00:29:00,196 --> 00:29:02,637
It's my understanding we have a change
of plea in this matter.
335
00:29:02,699 --> 00:29:06,328
If the State would please advise us as
to the status of plea negotiations.
336
00:29:06,412 --> 00:29:08,580
It's the State's understanding he wishes
to withdraw
337
00:29:08,664 --> 00:29:10,624
his previously entered not guilty plea,
338
00:29:10,707 --> 00:29:13,627
and now plead guilty to count two
of the indictment,
339
00:29:13,710 --> 00:29:15,796
- that is the offense of rape.
- Thank you, counsel.
340
00:29:15,879 --> 00:29:19,258
Counsel for the defendant,
any additions or exceptions to the facts?
341
00:29:19,341 --> 00:29:20,860
Not for the purposes of the plea,
Your Honor.
342
00:29:20,884 --> 00:29:21,927
All right.
343
00:29:27,683 --> 00:29:30,269
You're pleading guilty here today
to one count of rape.
344
00:29:30,352 --> 00:29:33,063
Are you guilty
of having committed that offense?
345
00:29:33,146 --> 00:29:34,147
Yes.
346
00:29:35,649 --> 00:29:39,027
And you're changing your plea here today
knowingly and voluntarily. Correct?
347
00:29:39,611 --> 00:29:40,946
Yes.
348
00:29:41,029 --> 00:29:42,406
The court accepts the plea,
349
00:29:42,489 --> 00:29:46,868
and finds the defendant guilty
in case 16-CR-1993,
350
00:29:46,952 --> 00:29:50,163
of count two rape,
a felony of the first degree.
351
00:29:55,251 --> 00:29:57,754
A man accused of raping a teenage girl
352
00:29:57,838 --> 00:30:01,675
while it was live-streamed
on social media pled guilty.
353
00:30:01,758 --> 00:30:05,262
A judge sentenced Raymond Gates
to nine years in prison.
354
00:30:09,641 --> 00:30:12,353
Prosecutors say Gates met the victim
at a shopping mall,
355
00:30:12,436 --> 00:30:14,771
and say a friend of the teenage girl
356
00:30:14,855 --> 00:30:17,941
live-streamed the rape
on the social app Periscope.
357
00:30:22,821 --> 00:30:25,073
Since Mr. Gates entered his guilty plea,
358
00:30:25,156 --> 00:30:29,328
there's no benefit to Marina or to us
359
00:30:29,411 --> 00:30:32,247
in connection with Mr. Gates' case,
'cause it's now terminated.
360
00:30:32,331 --> 00:30:34,666
He pled. Now he's been sentenced.
361
00:30:39,129 --> 00:30:40,398
As it stands, right now,
362
00:30:40,422 --> 00:30:42,799
we can just hope
to tug at their heartstrings.
363
00:30:43,592 --> 00:30:45,072
Probably all we've got at this point.
364
00:30:58,607 --> 00:31:02,736
Of course I regret
365
00:31:03,445 --> 00:31:06,281
that things turned out like this.
366
00:31:06,365 --> 00:31:07,866
I'm very sad about it.
367
00:31:11,286 --> 00:31:14,831
I may seem very calm...
368
00:31:16,375 --> 00:31:18,001
but in reality this isn't how I feel.
369
00:31:18,085 --> 00:31:22,339
Deep in my heart,
there's a lot of pain and sadness.
370
00:31:30,555 --> 00:31:35,102
When I am alone,
these thoughts don't stop haunting me.
371
00:31:36,061 --> 00:31:40,649
I think about that day all the time.
372
00:31:49,408 --> 00:31:51,159
It was a Friday night.
373
00:31:52,285 --> 00:31:54,746
came over.
374
00:32:00,377 --> 00:32:04,548
We decided to go to Easton Mall.
375
00:32:05,257 --> 00:32:09,386
My father drove us there
376
00:32:09,469 --> 00:32:12,431
so we could go to a café and see a movie.
377
00:32:13,598 --> 00:32:16,268
Like we usually do.
378
00:32:20,981 --> 00:32:25,610
We got there, walked around...
though it was winter and it was cold.
379
00:32:27,612 --> 00:32:31,366
So we went inside of the building
and sat there.
380
00:32:34,161 --> 00:32:37,497
And that's where we met that guy, Gates.
381
00:32:45,046 --> 00:32:50,343
Before that, we had been on Periscope
every day for several hours,
382
00:32:50,427 --> 00:32:53,180
and that day was no exception.
383
00:32:54,306 --> 00:32:57,058
My video was about 3-4 hours long.
384
00:32:58,477 --> 00:33:00,479
It depicted our entire day.
385
00:33:02,981 --> 00:33:05,901
After some time,
Gates invited us to go to his place.
386
00:33:05,984 --> 00:33:11,990
He said he lived within ten minutes
walking distance from Easton Mall.
387
00:33:16,286 --> 00:33:20,874
We got to his apartment,
and they started chatting more.
388
00:33:22,083 --> 00:33:25,504
Gates gave us alcohol, and we drank.
389
00:33:26,963 --> 00:33:29,799
There was a spark between them.
390
00:33:32,302 --> 00:33:33,929
I was bored.
391
00:33:36,598 --> 00:33:43,438
I decided to log into Periscope
and asked them if they were okay with it.
392
00:33:46,650 --> 00:33:51,863
They agreed to let me film them.
They said, "Yes, fine."
393
00:33:55,325 --> 00:33:59,871
I was on Periscope hanging out
with people online,
394
00:33:59,955 --> 00:34:02,958
and and Gates were alone by themselves.
395
00:34:03,041 --> 00:34:05,544
We were in completely different realities.
396
00:34:08,713 --> 00:34:11,633
When I saw them starting to have sex,
397
00:34:12,300 --> 00:34:15,804
at first it didn't fully register,
because they were under a blanket.
398
00:34:21,101 --> 00:34:24,187
All these guys on Periscope
399
00:34:24,271 --> 00:34:29,067
started writing, "Film it! Film it!
I want to watch it!"
400
00:34:31,069 --> 00:34:34,114
And it wasn't just one,
two or three people.
401
00:34:34,197 --> 00:34:39,578
There were dozens of people following us.
402
00:34:41,871 --> 00:34:45,000
I was in an excited state.
403
00:34:45,083 --> 00:34:51,131
I hadn't ever experienced right
in front of me, my friend having sex.
404
00:34:52,591 --> 00:34:57,971
was saying one thing,
the guys on Periscope were saying another.
405
00:34:58,054 --> 00:35:02,392
Plus my mind was affected by alcohol.
406
00:35:04,811 --> 00:35:08,440
Everything was a blur.
407
00:35:12,193 --> 00:35:14,821
I didn't know how to stop.
408
00:35:32,339 --> 00:35:36,259
Right now,
the feeling of uncertainty remains.
409
00:35:36,343 --> 00:35:38,678
For the last nine months
we have been waiting,
410
00:35:38,762 --> 00:35:43,850
not knowing what's going on
411
00:35:43,933 --> 00:35:47,771
and what's coming next.
412
00:35:50,190 --> 00:35:53,109
I hope for the best.
413
00:35:53,943 --> 00:35:55,737
I hope that...
414
00:35:56,404 --> 00:36:01,117
common sense will prevail
in this situation.
415
00:36:01,201 --> 00:36:06,539
I hope that they will understand
that my daughter
416
00:36:06,623 --> 00:36:10,669
is a young girl just like
417
00:36:11,878 --> 00:36:13,880
So I'm still stuck with them.
418
00:36:13,964 --> 00:36:17,801
Her father is really driving her...
419
00:36:18,593 --> 00:36:23,974
to demand that you get
as much punishment as possible.
420
00:36:24,057 --> 00:36:25,726
Now I told the prosecutor...
421
00:36:25,809 --> 00:36:29,145
I said I would trade some time
in jail if they would give us
422
00:36:29,730 --> 00:36:33,608
no sex registry and a felony that
you could get off your record later.
423
00:36:34,693 --> 00:36:36,693
That would be in your best interest,
in my opinion.
424
00:36:37,320 --> 00:36:38,405
Just a minute.
425
00:36:38,488 --> 00:36:42,701
He's trying to get jail time for me.
426
00:36:42,784 --> 00:36:44,160
- Who?
- Me.
427
00:36:44,244 --> 00:36:45,471
Who's trying?
428
00:36:45,495 --> 00:36:46,579
He is.
429
00:36:47,580 --> 00:36:49,582
Then I'd get the felony removed from my...
430
00:36:49,666 --> 00:36:50,709
Your record?
431
00:36:50,792 --> 00:36:52,673
Yes. I won't be labeled a sex offender.
432
00:36:57,966 --> 00:37:01,552
That's what we're working on figuring out.
That's what's in play right now.
433
00:37:01,636 --> 00:37:07,308
Our ultimate goal is for you to have
a felony you can get off your record.
434
00:37:07,392 --> 00:37:08,434
Mm-hmm.
435
00:37:11,104 --> 00:37:12,814
I'll write 'em for you.
436
00:37:25,744 --> 00:37:27,624
Careful, careful. Don't speed.
437
00:37:27,704 --> 00:37:30,457
You're pressing down too hard.
Press gently.
438
00:37:45,013 --> 00:37:47,932
In the first option,
439
00:37:48,016 --> 00:37:51,436
you'll have a permanent felony
on your record.
440
00:37:51,519 --> 00:37:52,395
Mm-hmm.
441
00:37:52,479 --> 00:37:58,401
It means you won't be able
to find any job at all.
442
00:37:58,485 --> 00:37:59,527
Right?
443
00:38:09,412 --> 00:38:11,039
The second option...
444
00:38:14,042 --> 00:38:17,295
also has a significant drawback.
445
00:38:20,965 --> 00:38:25,345
You'll get jail.
You'll have to go to prison for some time.
446
00:38:27,639 --> 00:38:29,849
To be honest, I don't know what's better.
447
00:38:32,101 --> 00:38:34,103
For some reason, Sam says jail is better.
448
00:38:39,150 --> 00:38:42,028
I don't understand how it's acceptable.
449
00:38:44,864 --> 00:38:49,035
There's no apparent winner
450
00:38:50,036 --> 00:38:54,165
among these options.
451
00:39:14,394 --> 00:39:15,854
What'd you come up with?
452
00:39:15,937 --> 00:39:18,648
We decided to continue.
453
00:39:18,731 --> 00:39:19,858
Yep, I think that's smart.
454
00:39:19,941 --> 00:39:22,027
So what I'll do is, I'll speak to Jen,
455
00:39:22,110 --> 00:39:24,612
- and make a proposal to her again...
- Mm-hmm.
456
00:39:24,695 --> 00:39:28,074
about what we think is fair in terms
of a felony that's expungeable
457
00:39:28,158 --> 00:39:30,243
and doesn't require you
to be on the registration.
458
00:39:32,745 --> 00:39:35,581
And see if we can get her parents
to agree.
459
00:39:39,961 --> 00:39:43,298
If they accept the offer,
then we'll work on the details.
460
00:39:44,799 --> 00:39:45,800
Okay.
461
00:39:48,219 --> 00:39:49,446
We believe punishment's appropriate.
462
00:39:49,470 --> 00:39:52,515
We believe a felony is appropriate
for this conduct.
463
00:39:52,598 --> 00:39:55,310
The question's gonna be,
what's the penalty?
464
00:39:56,061 --> 00:40:00,606
And how long will Marina's record
be impacted? Forever? Or not forever?
465
00:40:02,108 --> 00:40:04,611
On the registration?
Not on the registration?
466
00:40:05,861 --> 00:40:07,613
So that's what's in play right now.
467
00:40:37,893 --> 00:40:39,104
All rise.
468
00:40:45,693 --> 00:40:48,404
Case number 16-CR-1992,
469
00:40:48,488 --> 00:40:50,865
State of Ohio v. Marina Lonina.
470
00:40:52,951 --> 00:40:54,345
It is the State's understanding
471
00:40:54,369 --> 00:40:57,622
that she wishes to withdraw her
previously entered not guilty plea.
472
00:40:57,705 --> 00:41:00,750
I believe the court has been presented
with the two-page entry of guilty plea
473
00:41:00,833 --> 00:41:02,335
that reflects this change.
474
00:41:02,418 --> 00:41:04,879
It has the maximum
prison term noted on it.
475
00:41:04,963 --> 00:41:07,966
There is a joint recommendation
for nine months in prison.
476
00:41:09,675 --> 00:41:12,720
Also, parties agree
that this offense is expungeable,
477
00:41:12,804 --> 00:41:15,682
but the parties agree
that she will wait ten years.
478
00:41:16,349 --> 00:41:19,227
For the defendant,
is this your understanding of the plea?
479
00:41:19,310 --> 00:41:20,728
All correct, Your Honor.
480
00:41:27,110 --> 00:41:30,738
You're changing your plea here today
knowingly and voluntarily. Correct?
481
00:41:31,322 --> 00:41:32,407
Yes, Your Honor.
482
00:41:33,908 --> 00:41:36,269
Finding the plea to be voluntary,
the court accepts the plea
483
00:41:36,327 --> 00:41:37,567
and finds the defendant guilty.
484
00:41:43,876 --> 00:41:45,836
Miss Lonina,
there is a joint recommendation
485
00:41:45,920 --> 00:41:47,213
by the parties in this case.
486
00:41:47,297 --> 00:41:49,715
I've considered that joint recommendation
of the parties,
487
00:41:49,799 --> 00:41:51,134
and I do agree to accept it.
488
00:41:51,217 --> 00:41:54,012
Accordingly, I am sentencing you,
in this case,
489
00:41:54,095 --> 00:41:57,932
to a term of incarceration
in ODRC of nine months.
490
00:41:58,016 --> 00:41:59,017
Thank you, Your Honor.
491
00:41:59,100 --> 00:42:02,145
Is there anything further
on behalf of either of the parties?
492
00:42:02,228 --> 00:42:04,314
- Nothing from the State.
- No, ma'am. Thank you.
493
00:42:04,397 --> 00:42:06,678
- Thank you.
- Thank you, Your Honor.
494
00:42:16,451 --> 00:42:18,244
We all learn about the permanency
495
00:42:18,328 --> 00:42:20,121
of e-mails and videos and photos.
496
00:42:20,205 --> 00:42:23,958
But until it smacks you in the face,
it's really hard to get a grip on it.
497
00:42:26,294 --> 00:42:28,355
It's also instructive
when you think about an expungement.
498
00:42:28,379 --> 00:42:30,673
What does an expungement
really mean anymore?
499
00:42:30,756 --> 00:42:34,052
Because what is never erased
is the case, the media attention.
500
00:42:34,135 --> 00:42:38,264
You Google the name,
all this crap is gonna appear forever.
501
00:42:41,267 --> 00:42:46,773
I thought about where my mistakes were
in her upbringing.
502
00:42:50,443 --> 00:42:54,530
It seems like I also made a mistake here.
503
00:42:57,075 --> 00:42:59,327
That's why this happened.
504
00:43:02,914 --> 00:43:07,794
I should've paid more attention
to something.
505
00:43:09,796 --> 00:43:11,923
I missed something.
506
00:43:22,975 --> 00:43:26,437
So do you think there's a moral
in the story?
507
00:43:31,400 --> 00:43:36,239
I was stupid for not calling anybody
508
00:43:36,322 --> 00:43:43,121
and for not doing anything...
to stop it.
509
00:43:47,083 --> 00:43:50,670
I should have just said no.
41584
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