# Aransas Cty (TX) judge beats daughter for downloading from the Internet (2004 incident) **URL:** \ **Category:** The BBQ Pit\ **Created:** [November 2, 2011, 1:41am UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577 "2011-11-02T01:41:20Z")\ **Posts on this page:** 20\ **Page:** 8
**Author:** ![Kobal2](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kobal2/32/20_2.png) [@Kobal2](https://boards.straightdope.com/u/Kobal2)\ **Post date:** [November 3, 2011, 9:35am UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/141 "2011-11-03T09:35:31Z")
> [@CitizenPained](#): > > It’s amazing how apparently normal people can wail on their kids and think they’re doing them a favor. This was the norm a few generations ago. A few generations ago, women stayed in the kitchen and lived to please their man, black people weren’t allowed in the vicinity of whites and an entire nation claimed that Jews and Slavs were subhuman parasites without causing much of a stir until it was revealed they’d also taken steps to remedy the “problem”. And also everybody wore hats, what’s up with that ? People from a few generations ago might as well have been aliens for how much their mores relate to ours, let alone how their norms should define the boundaries of acceptable behaviour today. ---
**Author:** ![Rilchiam](https://avatars.discourse-cdn.com/v4/letter/r/2bfe46/32.png) [@Rilchiam](https://boards.straightdope.com/u/Rilchiam)\ **Post date:** [November 3, 2011, 9:57am UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/142 "2011-11-03T09:57:38Z")
Not to mention that many of these kids from a few generations ago brought a lot of baggage into adulthood with them. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [November 3, 2011, 10:40am UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/143 "2011-11-03T10:40:28Z")
> [@CitizenPained](#): > > I’m 100 per cent in favor of outlawing spanking/whipping. That’s wonderful. It’s also irrelevant, because in this thread, we’re not talking about spanking/whipping. We’re talking about physical child abuse. ---
**Author:** ![Acid\_Lamp](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Acid\_Lamp](https://boards.straightdope.com/u/Acid_Lamp)\ **Post date:** [November 3, 2011, 12:03pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/144 "2011-11-03T12:03:24Z")
> [@CitizenPained](#): > > I’m 100 per cent in favor of outlawing spanking/whipping. Then why the apologetics? ---
**Author:** ![Darth\_Panda](https://avatars.discourse-cdn.com/v4/letter/d/ee7513/32.png) [@Darth\_Panda](https://boards.straightdope.com/u/Darth_Panda)\ **Post date:** [November 3, 2011, 12:05pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/145 "2011-11-03T12:05:05Z")
> [@Acid\_Lamp](#): > > Then why the apologetics? Look at me! ---
**Author:** ![Acid\_Lamp](https://avatars.discourse-cdn.com/v4/letter/a/d6d6ee/32.png) [@Acid\_Lamp](https://boards.straightdope.com/u/Acid_Lamp)\ **Post date:** [November 3, 2011, 12:30pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/146 "2011-11-03T12:30:08Z")
> [@Darth\_Panda](#): > > Look at me! That fits. Haven’t woken up properly this morning yet. ---
**Author:** ![Gary\_Kumquat](https://avatars.discourse-cdn.com/v4/letter/g/4491bb/32.png) [@Gary\_Kumquat](https://boards.straightdope.com/u/Gary_Kumquat)\ **Post date:** [November 3, 2011, 12:34pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/147 "2011-11-03T12:34:28Z")
> [@Lynn\_Bodoni](#): > > And I wonder what would have been effective to get her to stop, if she knew damned well that this behavior WOULD get her beaten? Again, should he have just shipped her off to a camp of some sort? > > Tell me, what do you think he should have done, that he hadn’t done? What would have stopped her, short of shutting her into a camp? Fuck me, words fail. How to stop a child illegally downloading games? let’s see: 1. Take away computer 2. Install any decent parental lock software on the computer 3. Setup admin account for installing software Or, alternatively, leather the fuck out of them whilst swearing abuse. But frankly if you have to resort to that option it’s because you’re a despicable failure of a human being who has no business being a parent. And yes, I do have kids thanks. ---
**Author:** ![IvoryTowerDenizen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ivorytowerdenizen/32/17937_2.png) [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)\ **Post date:** [November 3, 2011, 12:49pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/148 "2011-11-03T12:49:23Z")
> [@Gary\_Kumquat](#): > > Fuck me, words fail. > > How to stop a child illegally downloading games? let’s see: > > 1. Take away computer > 2. Install any decent parental lock software on the computer > 3. Setup admin account for installing software > > Or, alternatively, leather the fuck out of them whilst swearing abuse. But frankly if you have to resort to that option it’s because you’re a despicable failure of a human being who has no business being a parent. And yes, I do have kids thanks. And add on that if you do not physically punish your kids they will turnout egocentric, selfish beasts. I am stunned. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 3, 2011, 1:12pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/149 "2011-11-03T13:12:47Z")
> [@Lynn\_Bodoni](#): > > No, “not available for legal purchase” generally means cracked games. It’s usually piracy. SOMETIMES it’s abandonware, but usually it is a game that’s available overseas but not yet released in the North American format. In her _Today Show_ interview this morning, Ms. Adams confirmed this, describing a game that was available for purchase overseas but not in the U.S. > [@bup](#): > > [[Rockport, TX police chief] Jayroe told the Corpus Christie Caller that if it’s determined a crime occurred, investigators would then have to determine whether the statute of limitations applies. For child abuse cases in Texas, the statute runs 10 years past the victim’s 18th birthday.](http://www.nbcdfw.com/news/local/Texas-Judge-William-Adams-Accused-of-Beating-Disabled-Daughter-133090233.html) > > I do believe Adams could be in trouble. I don’t. > [@Texas Code of Criminal Procedure Art. 12.01. FELONIES](#): > > Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: > . > . > . > (2) ten years from the date of the commission of the offense: > . > . > . > (D) injury to a child, elderly individual, or disabled individual \*\*punishable as a felony of the first degree under Section 22.04, Penal Code; \*\* > . > . > . > (5) ten years from the 18th birthday of the victim of the offense: > (A) indecency with a child under Section 21.11(a)(1) or (2), Penal Code; or > > (B) except as provided by Subdivision (1), sexual assault under Section 22.011(a)(2), Penal Code, or aggravated sexual assault under Section 22.021(a)(1)(B), Penal Code; or (6) three years from the date of the commission of the offense: all other felonies. So it’s not just any child abuse – sexual abuse is ten years after the child’s 18th birthday, yes. Child abuse not sexual in nature appears to be ten years from the date of the oiffense only if it’s the sort of abuse that is a felony of the first degree under Section 22.04. This isn’t: > [@Section 22.04](#): > > INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:(1) serious bodily injury;(2) serious mental deficiency, impairment, or injury; or(3) bodily injury.. > . > . > . > (c) In this section: > (1) “Child” means a person 14 years of age or younger. I welcome correction from a Texas attorney, but I’m pretty confident I’m reading this correctly. Section 22.04 applies only to a “child” 14 or younger; which excludes Ms. Adams in 2004. Therefore the ten year SOL in the criminal procedure code does not apply. ---
**Author:** ![lorene](https://avatars.discourse-cdn.com/v4/letter/l/65b543/32.png) [@lorene](https://boards.straightdope.com/u/lorene)\ **Post date:** [November 3, 2011, 1:35pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/150 "2011-11-03T13:35:49Z")
> [@Kolga](#): > > What you, and others are doing, is called “derailing.” Asking questions like “why’d she video tape this?”, “why is she releasing the video now instead of earlier?”, “what about the mom?”, etc., are distractions from the real issue. > > The real issue is actually quite simple: a physically-disabled 16-year-old girl is being beaten by her adult father, with the assistance of the mother, with a couple of large belts. > > The rest is distraction. Bears repeating. **Kolga** , your posts in this thread are anything but shrill. You’re factual and logical, and I have a lot of respect for what you’ve written. I have kids. I have belts. Never the 2 shall meet. That’s not any kind of solution to anything. I got hit/beaten with all manner of implements when I was younger and it was never because \*I \*was out of control. It was because my mother was, plain and simple. ---
**Author:** ![joebuck20](https://avatars.discourse-cdn.com/v4/letter/j/74df32/32.png) [@joebuck20](https://boards.straightdope.com/u/joebuck20)\ **Post date:** [November 3, 2011, 1:40pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/151 "2011-11-03T13:40:52Z")
> [@Bricker](#): > > I welcome correction from a Texas attorney, but I’m pretty confident I’m reading this correctly. Section 22.04 applies only to a “child” 14 or younger; which excludes Ms. Adams in 2004. Therefore the ten year SOL in the criminal procedure code does not apply. She does have cerebral palsy. Would she be covered as a disabled individual? ---
**Author:** ![joebuck20](https://avatars.discourse-cdn.com/v4/letter/j/74df32/32.png) [@joebuck20](https://boards.straightdope.com/u/joebuck20)\ **Post date:** [November 3, 2011, 1:47pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/152 "2011-11-03T13:47:34Z")
Also, is this guy in fact running for re-election this year? None of the news stories I’ve read have mentioned that. I tried looking for a campaign site, but of course if you Google his name now, the first couple of pages will be nothing but links about this video. ---
**Author:** ![Gary\_Kumquat](https://avatars.discourse-cdn.com/v4/letter/g/4491bb/32.png) [@Gary\_Kumquat](https://boards.straightdope.com/u/Gary_Kumquat)\ **Post date:** [November 3, 2011, 1:49pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/153 "2011-11-03T13:49:46Z")
> [@lorene](#): > > I got hit/beaten with all manner of implements when I was younger and it was never because \*I \*was out of control. It was because my mother was, plain and simple. As a young child, it didn’t take me long to work out that the nights where punishments involved tools coincided with the nights that my parents were drinking. Those incidents did not teach me the errors of my ways. Judging by the tone of voice of the attacker in the video, he does not appear to be drunk. As such I can only surmise that he’s inadequate scum with deep seated issues, a label I happily apply to anyone who thinks that such behaviour can be excused or justified. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 3, 2011, 1:58pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/154 "2011-11-03T13:58:31Z")
> [@joebuck20](#): > > She does have cerebral palsy. Would she be covered as a disabled individual? Again I’m not a Texas lawyer, but I think it’s very doubtful: “Disabled individual” in that section means a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm. As I understand ataxic cerebral palsy, it would not meet that definition. ---
**Author:** ![Bambro](https://avatars.discourse-cdn.com/v4/letter/b/df705f/32.png) [@Bambro](https://boards.straightdope.com/u/Bambro)\ **Post date:** [November 3, 2011, 2:25pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/155 "2011-11-03T14:25:03Z")
meh… ---
**Author:** ![lorene](https://avatars.discourse-cdn.com/v4/letter/l/65b543/32.png) [@lorene](https://boards.straightdope.com/u/lorene)\ **Post date:** [November 3, 2011, 3:05pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/156 "2011-11-03T15:05:44Z")
> [@Bambro](#): > > meh… Thank you for outlining your point of view in such a cogent manner. You’ve certainly opened my eyes. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [November 3, 2011, 3:39pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/157 "2011-11-03T15:39:13Z")
The judge could still be on the hook even if the daughter was past the magic age of 14 on the video - prosecutors could prove up that she had a beating prior to the videotape that she can link up to some memorable event like her 13th birthday, Christmas of that year, the Super Bowl, etc. There are problems at trial if they go that route, but they could probably make a prima facie case. Injury to a disabled individual isn’t necessarily out of the question, either; a quick search found a case in which prosecutors proved up that a woman with cerebral palsy was disabled based on the testimony of two bartenders at the bar that the assault took place in. The bartenders testified that the victim was on crutches, had trouble getting around, and had to be helped out of the bathroom on occassion. The jury found that she was disabled under the statute based on that testimony, and the court of appeals upheld that finding on a factual sufficiency analysis, giving “due deference to the fact finder’s determinations.” Then again, it may not go that far. The one or two interviews I’ve heard sort of sound like the daughter may be reluctant to press felony charges on him and may be content to destroy his career on the bench, which is a pretty safe bet at this point. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [November 3, 2011, 3:45pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/158 "2011-11-03T15:45:49Z")
> [@pravnik](#): > > The judge could still be on the hook even if the daughter was past the magic age of 14 on the video - prosecutors could prove up that she had a beating prior to the videotape that she can link up to some memorable event like her 13th birthday, Christmas of that year, the Super Bowl, etc. There are problems at trial if they go that route, but they could probably make a prima facie case. Sure, although they could have done that without the tape, too. I assume the “problems at trial” you’re thinking of would be the prior bad acts issue of admitting the tape – which in this case would be a future bad act! Given the substantial prejudicial value of the tape, and its slight probative value, I can’t imagine it being admitted against him at a trial for a previous assault… unless he denied ever hitting the girl, in which case it might come in as impeachment. > [@](#): > > Injury to a disabled individual isn’t necessarily out of the question, either; a quick search found a case in which prosecutors proved up that a woman with cerebral palsy was disabled based on the testimony of two bartenders at the bar that the assault took place in. The bartenders testified that the victim was on crutches, had trouble getting around, and had to be helped out of the bathroom on occassion. The jury found that she was disabled under the statute based on that testimony, and the court of appeals upheld that finding on a factual sufficiency analysis, giving . Sure – but here, I’m not seeing any evidence of any impairment like that. Ataxic cerebral palsy, according to the NIH: > [@](#): > > Ataxic cerebral palsy. This rare type of cerebral palsy affects balance and depth perception. Children will often have poor coordination and walk unsteadily with a wide-based gait, placing their feet unusually far apart. They have difficulty with quick or precise movements, such as writing or buttoning a shirt. They may also have intention tremor, in which a voluntary movement, such as reaching for a book, is accompanied by trembling that gets worse the closer their hand gets to the object. ---
**Author:** ![Bambro](https://avatars.discourse-cdn.com/v4/letter/b/df705f/32.png) [@Bambro](https://boards.straightdope.com/u/Bambro)\ **Post date:** [November 3, 2011, 4:05pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/159 "2011-11-03T16:05:05Z")
> [@lorene](#): > > Thank you for outlining your point of view in such a cogent manner. You’ve certainly opened my eyes. I gave it all the commentary it deserved. This is a non-event. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [November 3, 2011, 4:07pm UTC](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577/160 "2011-11-03T16:07:49Z")
> [@Bricker](#): > > Sure, although they could have done that without the tape, too. I assume the “problems at trial” you’re thinking of would be the prior bad acts issue of admitting the tape – which in this case would be a future bad act! Given the substantial prejudicial value of the tape, and its slight probative value, I can’t imagine it being admitted against him at a trial for a previous assault… unless he denied ever hitting the girl, in which case it might come in as impeachment. Exactly so, which he hasn’t done so far and probably won’t do at trial. Getting the tape in would be tricky. > [@Bricker](#): > > Sure – but here, I’m not seeing any evidence of any impairment like that. Ataxic cerebral palsy, according to the NIH: Sure, but my point is just that disability can be proven up with nonmedical testimony, and that whether or not the statutory definition is met is left to the fact finder. That puts the defense in the uncomfortable position of trying to sell the argument that she’s not legally disabled to the jury who just saw that video. It may be a hard sell, and if the jury does find that she was disabled the courts of appeal will give that finding wide latitude. [Previous page](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577.md?page=7) [Next page](https://boards.straightdope.com/t/aransas-cty-tx-judge-beats-daughter-for-downloading-from-the-internet-2004-incident/601577.md?page=9)