Amero Granted New Trial

Sorry but someone update me on how porno on a computer, albeit a teacher's school computer, can result in a potential 40 year prison sentence, while taking bribes while an elected official, or consorting with known mobsters while an elected official, or shooting innocent people, all result in taps on the wrist or very light sentences.

This strikes me as Jean Valjean's fate for stealing a loaf of bread... something is wrong.

It is about time that David Smith and his masters get the message and acknowledge that this was a complete miscarriage of justice. It was also a waste of taxpayers’ money and judicial resources.

Ask anyone who services computers for a living and they can readily cite numerous instances where an Amero scenario has played out, unsolicited, on the screens of hapless, non-technical users. Panic is a very common reaction when spyware, ad-ware or Trojans take over a machine. Users generally have no idea what to do and fumble around ineffectively before finally pulling the plug or calling for tech support.

This situation is all too common and, as the school board neglected to maintain its security software, Amero's machine was unprotected in even the most basic sense. She was a substitute teacher and the unfortunate victim of serendipitous bad fortune. Her legal escapade has proven personally and professionally costly. She was, despite the flood of technical expertise to the contrary supporting her, pursued relentlessly by Mr. Smith.

Mr. Smith grandstanded on this one and should be taken to task for it. He would also be well advised to attend an adult education class on computer security, not only from a prosecutorial perspective, but so he can protect his own kids when the inevitable happens.

My impressions, as I followed the case, kept harkening back to the hysterical social and prosecutorial misconduct extant during Salem’s witch trials. As it turns out, we, as a society, apparently haven’t progressed very far at all. What a sad commentary on us all.

"Improperly influencing the Court?" How about this position: preventing injustice! Judges and courts do not possess god-like powers. The bloggers were trying to provide information so that a judicious decision could be made and, as it appears, they were correct!

yeah that's kind of confusing...

I agree w/ Eric on the above. Plus many other child molestors have gotten off w/ a slap on the wrist as well. Julie I hope you are vindicated this time. My best to you. Shame on the orig. prosecuting attorney for making this poor woman's life a nightmare.

Eric wrote:

Sorry but someone update me on how porno on a computer, albeit a teacher's school computer, can result in a potential 40 year prison sentence, while taking bribes while an elected official, or consorting with known mobsters while an elected official, or shooting innocent people, all result in taps on the wrist or very light sentences.
This strikes me as Jean Valjean's fate for stealing a loaf of bread... something is wrong.

Remember though, Valjean got 1 year for stealing the loaf of bread and the rest because he tried to run.....

Regardless of the fairness between the corrupt politicians and the porno computer, Amero didn't act properly. She didn't turn off the computer, get help, turn off the monitor or anything, she just let the pop-ups keep coming. She may not have maliciously caused the pop-ups (i have no doubt she didn't) but she could've have and should've prevented the kids from viewing it. 40 years for that? No way, but certainly a probation order was warranted.

Thank goodness! I am so happy for her as I have felt her prosecution from the beginning was a witch hunt fueled by the general public's lack of knowledge of computers and the internet. I only hope she can salvage her career and move past this horrific experience.

Great news. I was amazed and heart sick over this verdict, as it seemed so obvious a spyware problem rather than some sort of malicious plot on the part of this poor teacher to somehow subvert the morals of her classroom. I hope they preserved the computer as is, as i don't believe they adequately checked it for rouge programs at the 1st trial.

It is scary that Giorodano got a lesser sentence than this sub.

This is fantastic news. In addition, I believe the prosecutor's supposed police computer expert should be fired for clearly not knowing his job at all. Next up for Ms. Amero I hope is a civil suit against such a vicious lynch mob.

TollandRes wrote:

<quoted text>
Amero didn't act properly. She didn't turn off the computer, get help, turn off the monitor or anything, she just let the pop-ups keep coming. She may not have maliciously caused the pop-ups (i have no doubt she didn't) but she could've have and should've prevented the kids from viewing it. 40 years for that? No way, but certainly a probation order was warranted.

Are you completely familiar with the case? She was specifically instructed by the regular teacher and administration to NEVER touch the computers. I believe she even asked to check her email, but was told she couldn't. I have a friend who was working at the same time as Amero and she confirmed that she was told to never ever touch a teacher's computer as well. So Amero followed those orders and ran out to seek help from regular staff and administrators, who told her not to worry about it. In that case, by your logic, they should all be held accountable.

Rick,

Thanks for all you've done to help this cause! It was your article months ago that brought this to my ( and I'm sure other's) attention. Well done. Hopefully this will begin some heafty reform of how computers are dealt with in schools and give teachers protection against this kind of thing happening again.

CTMom wrote:

<quoted text>
Are you completely familiar with the case? She was specifically instructed by the regular teacher and administration to NEVER touch the computers. I believe she even asked to check her email, but was told she couldn't. I have a friend who was working at the same time as Amero and she confirmed that she was told to never ever touch a teacher's computer as well. So Amero followed those orders and ran out to seek help from regular staff and administrators, who told her not to worry about it. In that case, by your logic, they should all be held accountable.

You do know that you can't use the "I was just following orders" defense. As a teacher, even a sub, she has a legal duty to protect those children. She could've turned the monitor off. She could've taken the kids out of the room. She did nothing. At the least, she shouldn't be allowed in a classroom again since she clearly is incapable of handling a tough situation. Hmmmm expose the kids to porn (even though accidental) or violate the order not to touch the computer. Really seems like a simple choice to me. But then again, I'm not a teacher--maybe it's complicated.

Was the regular teacher investigated? Sounds to me like the sub was the scapegoat. Do we know for a fact that the regular teacher never had that problem, or if the teacher may at one time accidently found porn (you can't even type in breast without some porn popping up. Found out the hard way when my son was doing a paper on breast cancer). The only thing she did wrong was not unplug the computer. Why was she told never to touch the computer, why was the computer left at the school in full access of anyone? Either way she was wrong. If she unplugged it the school would have gotten mad she unplugged it, by not unplugging it she gets more time in jail then the pervert Giordano who actully abused children.

Seems judge Strackbein is still unwilling to accept that she allowed shoddy investigation and outright lies to be accepted as evidence in her courtroom. Sure, blame it on the blogosphere. What a blundering chump.

I once had this happen to me on a Windows computer. Now I use a Mac and it has never happened again. The school is at fault for using a non secure operating system and browser. I hope she sues both the school and the state for the hardship they have caused her.

Typical CT justice. Prosecute innocent people, reward guilty people. Maybe she should have gone to the mafia and asked them to intervene on her behalf, she would get off and return to her job with hugs from government officials. This state continues to slide further and futher into the cess pool.

CTMom wrote:

<quoted text>
Are you completely familiar with the case? She was specifically instructed by the regular teacher and administration to NEVER touch the computers. I believe she even asked to check her email, but was told she couldn't. I have a friend who was working at the same time as Amero and she confirmed that she was told to never ever touch a teacher's computer as well. So Amero followed those orders and ran out to seek help from regular staff and administrators, who told her not to worry about it. In that case, by your logic, they should all be held accountable.

Are YOU familiar at all with the case?? She asked to use an email site, so the regular teacher actually logged her in. After that, she accessed a travel site. For someone who was told not to touch the computer, she misbehaved badly.

CTMom wrote:

<quoted text>
Are you completely familiar with the case? She was specifically instructed by the regular teacher and administration to NEVER touch the computers. I believe she even asked to check her email, but was told she couldn't. I have a friend who was working at the same time as Amero and she confirmed that she was told to never ever touch a teacher's computer as well. So Amero followed those orders and ran out to seek help from regular staff and administrators, who told her not to worry about it. In that case, by your logic, they should all be held accountable.

SO? That has nothing to do with the totally ridiculous 40 year prision term. She is a sub...their reasoning of NEVER touching the computer is hogwash.
GOOD FOR HER.

"Strackbein criticized the bloggers today, saying they tried to "improperly influence" the court."

That's what happens when the courts don't do their job! What happened here is exactly what should have happened, someone was being railroaded by irresponsible and inept leadership and the people step in and defended that person. This is what America SHOULD be all about! The fact that the judge does not seem to understand that is very, very scary.