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tv   This Is Life With Lisa Ling  CNN  October 22, 2017 8:00pm-9:01pm PDT

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and when have we gone too far? there we go. >> this is zach. he's cute, friendly, athletic, and a member of his high school varsity cheerleading squad. but he's also facing life as a convicted felon for something teenagers across the country are probably doing right now. how much prison or jail time is he facing? >> up to 40 years in prison and lifetime registry on the sex offender list. it's scary. it's maddening. it's outrageous. they had him wearing shackles when they brought him in. >> how did it feel to see your son like that? >> i just could not believe that
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i was the mother of a registered sex offender. >> more than half a million people are listed on our nation's sex offender registries. estimates suggest a quarter of them landed there before the age of 18. what some of them were convicted of may surprise you. >> if i could go back in time, i would stop myself. i know there's other people in school having sex. i'm the one that got caught. >> tonight we explore a question that should be on every parent a mind. when does teenage sexuality cross the line and become a crime? >> do your job, follow the law and find him guilty. >> where does it end, and whose kid is next? ♪
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♪ i'm on the outskirts of a small town in northern minnesota to hear the story of a childhood interrupted. >> so this is my room. it's not very special. >> what are your favorite things in here? >> my favorite thing is the fonzie action figure. >> oh, no way. this would be my favorite, too. 16-year-old blake is a fairly typical teenager. shy, smart, funny, into
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technology, and a movie buff. so you are a big "star wars" fan i see. >> yeah. >> do you have a favorite episode? >> "the empire strikes back". >> but you can't go to the movie theater. >> no. >> and what is the fear of you going to movie theaters? >> just that since it's dark and nobody can see me, that i may, like, decide that i'm going to commit an offense against somebody. >> for blake's protection, we're not going to tell you exactly where he lives. in fact, blake isn't his real name. >> i win! >> we'll call his younger brothers michael and cade. his dad will go by dwayne and his mom, patty.
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so tell me what blake was like as a kid. >> he was a very intelligent boy, a lot of fun, just bright eyed. >> he loves music. he loves movies. likes to read about history. if he had a preference, he would be plugged in to a video game or texting on his cell phone. >> when blake was 12 years old patty and duane gave him his first smartphone to keep tabs on his whereabouts. but the phone's unfettered access to the internet became a gateway. when you're 14 in middle school, how many kids had cell phones? >> almost every person did. >> what kinds of things did everybody do on cell phones? >> instagram, facebook, youtube videos. >> did you ever look at sexual
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stuff? >> yeah, a few times. just normal like pornography and things like that. >> blake's curiosity wasn't unusual. by the time they turn 15, more than half of teens, the vast majority of them boys, have looked up pornography online. but two years ago when blake was 14, his exploration went a step further. using his cell phone, he took four pictures of his genitals and texted them to a girl he knew. what provoked you to want to send pictures of yourself to her? >> i guess i wanted her to send pictures after i did. i kind of regretted it right after i sent the pictures. like i don't know why. i shouldn't have done that. that was like way too far.
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>> do you know why he may have sent them? >> from what we can piece together, it sounds like a stupid impulse. >> blake didn't have a lot of experience with girls. i think he may have had a crush on her with that awkwardness, i suppose, and didn't know how to go about showing that. >> adolescence is a confusing time. raging hormones give way to flirting, dating, and sex. but today with smartphones in the hands of 70% of high schoolers, teenage sexuality has gone digital, and a few high-profile cases have dominated the nightly news. >> colorado teens gone wild. sexting on a scale like we have never seen. >> students describe pictures almost they and all of their 1,600 classmates and others saw of naked girls who attend this north jersey school. >> several junior high girls, ages 13 to 15, sent nude pictures to boys, all of them
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students at north county middle. >> countless teens across merks, are sexting, taking and sending illicit photos of themselves and each other. some experts consider it a harmless trend, but high-profile cases of sexting related bullying and coercion have led many states to treat it as a crime. >> i wish the kids wouldn't sext. i don't think it's all that healthy of a way to get to know people. but we had no idea our son was even of the consequences. >> for hours, blake texts went unanswered until later that night when a sheriff knocked on his family's door, responding to a call from the girl's parents. after an hour of questioning, blake was put under arrest. >> we were able to go to court that very first day, and they
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had him wearing shackles when they brought him in. he just looked so little. i just kept thinking the little boy that he was in kindergarten. >> how did it feel to see your son like that? >> it was terrifying. i'm supposed to be there to protect him, keep him safe, and, you know, there's nothing you can do if someone is taking your 14-year-old child away from you. >> because blake was a minor sending sexual photos of himself was a crime. distribution of child pornography, creating and sharing images of sexual children has long been illegal. but laws in place to protect kids can also ensnare them. >> blake was being charged with distributing child pornography, but they're photos of himself. >> correct. >> but our understanding is that the child pornography laws were written with something entirely different in mind.
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and i don't want to discount what he did, but he was just a kid. we ask you would not believe it. >> blake was sentenced to ten years on a juvenile sex offender registry along with nearly 100 other young offenders. in minnesota, the list of lower level offenders is only accessible to law enforcement. but the protection has its limits. for the next decade until he's 25, blake may be required to share his status on future job and housing applications and with his peers. does the future seem scary to you at all? >> a little bit, yeah. i haven't ever had a girlfriend. it would be nice to have one, but it's going to be hard. just like i'm going to be alone
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forever. i'm scared of that. like i don't want to end up like that. >> we were told by one counselor that although it's a private registry, you would still be able to find it with a deep criminal background check, and the careers in the military, anything in medicine or helping people, anything in education, anything with children are immediately off limits. college is a possibility, but it's not a guarantee. we every day try to tell him, do not let this define you. we're so worried about his future if he buys into the fact that he is a registered sex offender. help from my friends" ]
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sex offender registries have been around for nearly a century. designed to keep tabs on adults deemed a sexual menace. but in the last 30 years, a series of laws have expanded the scope and scale of these lists to include kids like 16-year-old blake.
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people on the sex offender registry are considered the pariahs of our society. >> right. >> when you heard the term sex offender, what did it mean to you? >> the scariest people that you would want to protect your children from. i just could not believe that i was the mother of a registered sex offender. >> it's been two years since patty and duane's son blake texted four sexual photos of himself to a female acquaintance, a decision that had unexpected consequences for the entire family. >> the judge said that there couldn't be any access to internet. we had to like sell like all of our technology. that was probably one of the hardest things. >> what did you guys think of the fact that you had to get rid of your technology and couldn't use the internet? >> it was terrible. absolutely terrible. >> hated it 100%. >> yeah.
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>> do you feel remorse for what you did? >> yeah. like if i could go back in time, i would stop myself. like i did something that changed everything. >> today, blake is on minnesota's juvenile sex offender registry, a status that brings with it a lot of restrictions. no going to movie theaters or malls with children congregate. no leaving the city limits without a probation officer's permission. and not a moment to himself. >> thank you. >> blake's probation requires his parents to monitor him 24 hours a day with the exception of when he's at school in the presence of teachers. it's your responsibility to keep your eyes on blake? >> yes, and slit -- literally
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keep my eyes on him. so he has to be with either dwayne or i with the exception of when he's at school. >> so if blake wanted to hang out in front and look at magazines while you shop, could that be possible? >> no, not unless i was a lot taller or the aisles were shorter. i need to be able to see him. >> i know you love your barpare, but is it kind of annoying to have to have them watch you 24/7? >> yeah. kind of is kind of an understatement there. it's very annoying. >> yeah. when i was a teenager, that would probably be the last thing i would want. how long blake and his family have to live by these rules is up in the air. it all depends on how he does in court-mandated treatment. once a week after school duane drops blake off for group therapy with other juvenile sex offenders and waits for him
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outside. do you have any idea what they talk about in treatment? >> we can't be in the session along with him, so it's frustrating as can be. you know, he gets frustrated with it because it doesn't seem like he's moving forward. >> it seems like a lot of pressure for a kid. >> i think it's really hard. he looks for us, you know, for help, and we're not able to really give it to him. it's hard for you as a parent to know that they're struggling like that. >> to be deemed rehabilitated, blake needs to pass a series of polygraphs or lie detector tests. but according to blake's attorney, jade rosenfelt, it's a flawed system. why polygraphs? >> historically, they're used to make sure that an offender is disclosing anything and everything they've ever done that would be considered sexually deviant. many juveniles have a hard time passing these polygraphs,
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especially when they're not even really that reliable. they're not admissible in court, but yet they're used in sex offender treatment as sort of the stop gate for moving forward. >> so he could quite possibly be in sex offender treatment for years? >> absolutely, yes. >> if you're calling regarding juvenile or conciliation court matters, please press 4. >> i reached out to the judge who decided blake's fate, but he declined to speak to us, citing sensitivities around juvenile ca cases, and the identity of the girl blake texted is sealed to protect her privacy. so we can't know how she and her family feel about the outcome. as the mother of two daughters, i've been thinking a lot about how i would feel if a boy sent pictures of himself to one of my girls. and the truth is i would be apoplectic. i'd be furious. but would that kid deserve to be on the sex offender registry? i mean being on it could have consequences that might affect him for the rest of his life. for many children and teens, the
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so the age of consent to have sex and the age when someone is considered an adult varies from state to state. right now we're in the state of wisconsin, and we're about to meet a young man who is facing felony criminal charges for having sex with a 14-year-old freshman when he was a 17-year-old senior in high school. >> all right, zack. here we go, man. let's go, zack. there we go. good job. >> this is 18-year-old zack. he's a high school senior and a member of his varsity cheerleading squad in the suburbs of milwaukee. how would kids in school describe you? >> athletic, outgoing, funny. >> would you say that because of your success in cheer, most people in school know who you are? >> yeah, being one out of four guys on the team, we're well known from pep rallies and games.
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>> like a lot of teens, zack had big plans -- going to college with a sports scholarship, then joining the military. but five months ago at the start of his senior year, zack's future took a detour when i began exchanging texts with a schoolmate, a 14-year-old freshman girl. did you guys ever interact in person? >> it was mostly on snapchat but we would say hi to each other in the halls. and then we just kept talking from there. >> how did you eventually get to the point where you had sex? >> she invited me over to her aunt's house after school before a pep rally. she waited outside for me, and then we started kissing. then it all happened. >> do you think that as a freshman who was kind of in awe of you, she might have felt
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pressured by you? >> she might have, but i didn't mean to pressure her at all. >> what did you think when you left? >> that we would continue talking and everything was going to be okay. ten days later, the cops showed up at my house. >> you have the right to remain silent. anything you say can and will be used against you in a court of law. >> they put me in the holding cell for about three hours. i was nervous and didn't really know what was going on. >> you think it was okay to have sex with a 14-year-old girl? >> ten days after their encounter the freshman girl told her parents that she and zack had had sex. her mother called the police. in her statement, the girl said she and zack were together for a half an hour, and that after they had sex, zack left to meet friends at the homecoming parade.
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>> are you serious? >> so what have you been charged with? >> second-degree sexual assault of a child. >> and when you heard that, how did you feel? >> my heart dropped. i still think that this is all just a nightmare. >> when police came knocking, zack was home alone and waived his right to an attorney. an officer questioned him for ten minutes before booking him into milwaukee's county jail where zack was finally allowed to call his mother, carrie. >> tell me about how you found out about the incident. >> my husband and i were coming back from a baseball game and i got the phone call. he just said, mom, can you come to the police department. i'm in trouble. a detective pulled us into his office and told us what zack was being accused of and arrested for.
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i immediately started crying. i broke down. >> how much prison or jail time is he facing potentially? >> it could be up to 40 years in prison and lifetime registry on the sex offender list. never in my wildest dreams did i think this would ever happen to one of my kids. >> for much of zack's life, carrie raised him as a single mom. as a kid, zack struggled with bullying and depression. but things started looking up two years ago when he changed schools, joined the cheer team, and started dating. did you know that zack was sexually active? >> he's had a couple relationships. he's a popular kid. i had my hunches but i didn't know for sure. i always told him when you turn 18, you need to be careful when you become sexually active with
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girls that you date and how old they are. >> so you had had that conversation with him? >> yes, i had. i had no idea that at 17, you're considered an adult. >> most of us think of 18 as the end of childhood, but laws across the country are complex. in wisconsin and a number of other states, individuals are tried as adults at the age of 17 or even younger depending on the offense. in the eyes of the law, 17-year-old zack was an adult. did anyone ever talk to you about the consequences of having sex with kids in school? >> not really, no. or just said be careful. >> do you think that what you did is any different from what most kids in school do? >> no. >> how do you know that? >> because a lot of people like to talk about it and like the word gets around a lot.
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because i know there's other people in school having sex with people. i'm just the one that got caught. >> by the time they graduate, an estimated 50% of american high schoolers have been sexually active. but in some states, these encounters are crimes. because the age of consent in wisconsin is 16, the 14-year-old girl couldn't agree to have sex with zack. on top of that, her interviews with police paint a complicated story of that september night. >> how does all this make you feel? >> i feel like a bad person. >> why do you feel like a bad person? >> i wanted to wait for a long term relationship when i was older. >> to protect the identity of the alleged victim, we're blurring her face and altering her voice. >> my mom and dad are very disappointed in me. i didn't want to make the decision, but it kind of happened. >> did he make you feel like afraid of him?
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you felt like you had to go along? >> kind of. he's kind of a forceful person. he kind of like pressures and pressures and pressures until you finally do something. >> okay. >> i do feel for her, you know. she was a freshman. he was a popular senior. she didn't want to upset this popular boy. i mean these two barely even interacted in person, and then there they were having sex. so, you know, it's not a black-and-white case. but the big question is does zack deserve to possibly go to prison and be on the sex offender registry for the rest of his life?
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milwaukee, wisconsin, 17-year-old zack was under arrest for having sex with another student from his high school, a 14-year-old freshman girl. in a matter of days, zack's case will go to trial, and he'll be represented by a public defender. so what is the status of zack's case right now?
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>> his charge is second-degree sexual assault of a child. there's only two things that the state has to prove, and that's that there was sexual intercourse and that the girl was under the age of 16. people under the age of 16 cannot legally consent to sexual contact or sexual intercourse, and the law is there to protect our kids. but i think as young as the girl is in this case -- and she's very young -- zack's really young too, even though he's treated as an adult because he's 17 years old. >> the prosecution is arguing that zack took advantage of his age and popularity to pressure a younger girl into having sex. but a recent psychological evaluation prepared by the defense found that zack doesn't fit the typical profile of a sex offender. the report also revealed zack is struggling with depression and anxiety, a development that has
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his mother, carrie, on edge. how has all this affected zack as far as you've been able to tell? >> right now he's suffering inside. he won't tell me but i know he is. i've gotten calls from the school. he'll break down. he'll want to come home from school. he doesn't want to go to school. i want to tell zack that everything's going to be fine, you know, that you're going to be able to go into the military. you're going to be able to go into school. you're going to be able to fulfill all your dreams. you know, you're going to have a family someday. but i have absolutely no clue what's going to happen. and that's the hardest part. >> if zack is found guilt y the consequences could be profound. even if he's not sentenced to prison, the sex offender registry would mean no internet access, r-rated movies, or dating without a probation officer's permission. potentially for the rest of his life. he couldn't live within
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1,000 feet of places where children congregate. in zack's case, this means he would be forced to move to another town. >> if zachary has to move, i'm going to go with him. i don't know where we'd go. i don't want that to happen, but he's my son. >> how do you think he'll take it if he's convicted? >> hornnestly, i'm afraid he'llo something to harm himself. i don't think he'll be able to handle it. his best way out, in his eyes, i think would be he'd -- he doesn't want to live then. i'm not saying zack should be, you know, totally off the hook for this at all. put him on probation. you know, if a year is too short, make it two years. make it five years. but zachary's not a felon. he does not deserve to be on a sex offender list.
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>> zack's defense attorney had attempted to negotiate a plea to reduce zack's charge from a felony to a misdemeanor. but the state prosecutor refused. the night before zack's case goes to trial, travis prepares zack and his mother, carrie, for what to expect. >> probably the first or second question the prosecutor is going to ask you is, zack, you had sex with [ bleep ], didn't you? and what is your answer to that? >> yes. >> and because that's the truth, right? >> yes. >> remember one of the things that we talked about that might help you with relaxing and being more calm up on the witness stand? >> take deep breaths to slow my heart rate down, and then also repeat the question before i answer it. >> you're going to do a really good job. you've been waiting for this for a long time.
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talk slowly. make sure you understand the question. don't interrupt. do your best. tell the truth. >> this has been a really difficult eight months, and now that it's coming down to the wire. >> yeah. >> i'm really scared because it can go either way. we're looking for closure. >> we need to win the trial. >> no matter what. nce haircolor from l'oréal. worth it because of its luminous color and hi-tenacity dyes. it's fade-defying for up to 8 weeks. in over 50 luminous shades. isn't your hair worth all that? superior preference from l'oréal. directv has been rated #1 in customer satisfaction over cable for 17 years running.
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i've been thinking. think of all the things that think these days. businesses are thinking. factories are thinking.
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even your toaster is thinking. honey, clive owen's in our kitchen. i'm leaving. oh nevermind, he's leaving. but what if a business could turn all that thinking... thinking... endless thinking into doing. to make better decisions. make a difference. make the future. not next week while you think about it a little more. but right now. is there a company that can help you do all that? ( ♪ ) i can think of one.
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it's been about five months since i was here in milwaukee last. but today is the day of zack's trial, and it's up to 12 jurors to decide his fate, to determine whether he is guilty or not guilty of sexual assault of a child. the judge has granted us access inside the courtroom, and the trial begins with an opening statement from the state prosecutor. >> ladies and gentlemen, good morning. in wisconsin it is unlawful for a person over 16 to have sexual
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intercourse with a person under 16 years old. you will hear that that is exactly what happened here. i will ask that you find him guilty because i will have proved that [ bleep ] was under the age of 16 at the time that this happened and that the defendant had sexual intercourse with her. >> thank you. counsel? >> in his opening statement travis refer to a string of texts between zack and the alleged victim. >> the evidence will show that zack asked her, you sure about today? [ bleep ] responded, if you want to. the text messages establish an agreement to do what kids all over the city and all over the county do. zack was charged with sexual assault of a child under 16. but the evidence in this case will show you that there was no assault and that zack did not commit a crime.
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i respectfully ask for a not guilty verdict in this very serious matter. thank you. >> various witnesses are called to the stand, including the alleged victim's mother. to protect her and her daughter's identity, we're blurring their faces and altering their voices. >> they asked everything i wanted to know. how old he was. how she knew him. how she met him. and she told me who he was and that he was a senior in high school, and then i called the police station hysterically crying and told them that a senior had slept with my 14-year-old daughter. and i had just found out about it. >> the state calls douglas tweedy. >> the prosecutor calls the detective who interviewed zack and the alleged victim. >> what did zack do after she said she didn't think she was
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ready for this? >> that's when he carried her into the bedroom. >> he physically picked her up? >> yes. >> did she tell you whether she wanted to have sex? >> she stated that she did not want to. >> when the alleged victim takes the stand, more details of what happened that day slowly begin to emerge. >> how do you know zachary? >> he's a senior at my school. he was a cheerleader and everybody knew him. >> did you like him? >> i thought he was attractive, but i never liked him liked him. >> was there any talk what you were going to do while you were spending time together? >> he said he wanted to have sexual intercourse, and i said i didn't know if i wanted that because something bad could happen or someone would find out. >> did you want to have sex? >> i told him i did, but i really didn't. >> who brought up sex? >> he did.
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he kept talking about it's going to be fine. i kept saying i don't know. then we walked upstairs to my aunt's, and he picked me up and carried me to my aunt's room. >> was there anything else he did physically or forcefully to you during this encounter? >> no. >> i don't have any other questions. >> cross. >> thank you, your honor. your mom and dad tell you all the time that they're very proud of you. >> yes. >> and that makes you feel good. >> yes. >> and you knew when they found out that you had sex with zack, you were going to get into trouble that you couldn't even imagine. >> yes. >> so under those circumstances, that's what was going on when you told your mom about having sex with zack. >> yes. >> i'm in the biggest trouble i've ever been in. >> yes. >> thank you, [ bleep ]. i have nothing further. the defense calls zachary newman. >> okay.
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>> may i approach? zack, i've placed up there at the witness stand exhibit number 15. can you flip through the pages to the last page. based on those messages, did you agree to meet [ bleep ] after school? >> yes, i did. >> how did you feel about setting up that meeting? >> i was a little nervous, i guess, because it was our first time hanging outside of school. >> where did you meet? >> at her aunt's house. >> during the time that you were with [ bleep ] that day, were you violent to her? >> no, i was not. >> were you mean to her? >> no, i was not. >> did you force her to do anything? >> no, i didn't. >> did you pressure her to do anything? >> no, i did not. >> thank you, zack. i have nothing further. >> according to
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>> according to the law in wisconsin, whether the victim agreed to have sex does not matter. all the prosecutor must prove is that the victim was under 16. >> you knew she was under 16, right? >> yes. >> you knew she was 14? >> yes. >> she was a freshman. >> yes. >> at your high school where you were a senior? >> yes. >> and you had sexual intercourse with her? >> yes. >> i don't have anything else. >> no one disputes the facts. zack was 17 when he had sex with a 14-year-old. but the real question is does the punishment fit the crime. >> our system will allow you to go back into that deliberation room and go in with the understanding you're going to evaluate this case with your mind and with your heart and do what you think is the right thing to do. and you will have proven really that our system works, and it works quite well that you are all the conscience of milwaukee
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county, a conscience that can be used to prevent unjust convictions. so whatever you think about the age difference between zack and [ bleep ], they're a lot alike. they're both kids. they're teenagers. think of how many other kids their age in this county are going to have sex this weekend. think of how many of you raised your hands during jury selection when asked have you or someone close to you had sex when you were 14 or 15 or 17. where does it end and whose kid is next? i ask you to deliver a verdict that rejects your government's use of power in this case. i ask you to stand up for what is right. i ask you to please find mr. newman not guilty. thank you. >> thank you, counselor. >> since the prosecutor has the burden of proof, she gets the
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last word. >> defense counsel wants you to think they're the same, that they're both kids. no. zachary newman is an adult man. he is a man. these texts, do you know what they show? they show a vulnerable, innocent, naive little girl who he took advantage of. who consent is not an issue in this case. it's not an element. it doesn't matter. this is not a referendum on the law. that's not what your job is, to decide if you like the law, you don't like the law. like it or not, the evidence is clear in this case. he is guilty. she is younger than 16. he put his penis in her vagina. he had sexual intercourse with her. do your job. follow the law, and find him guilty. >> thank you. >> thank you.
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>> the law does not allow the jury to be told what is at stake. they have no idea that if zack is found guilty, he could spend up to 40 years in prison and life on the sex offender registry. >> so the jury is now deliberating. and when they come back, we will find fought they have found zack to be guilty or not guilty of sexual assault of a child. ♪ hungry eyes ♪ one look at you and i can't disguise ♪ ♪ i've got hungry eyes ♪
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after nearly two hours of deliberation, the jury finally delivers their verdict. >> when the court reads the verdict, the court expects all the decorum in the court to be kept. >> all rise. >> this is the state of wisconsin versus zachary t. newman. we the jury find the defendant zachary newman guilty of second-degree assault of a child this 24th of may signed by the foreperson. i'm going to ask you whether or not this was in fact your verdict. and 31, was this in fact your verdict?
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did i get everyone? did i leave anyone out. at this time, ladies and gentlemen of the jury, the court wants to thank you for your time and your patience. and we'll give you a day for sentencing. you understand that, young man? >> yes, your honor. >> that you're not to have any contact with the victim of the defense or her family? >> yes. >> and as a convicted felon, you cannot carry any time of firearms on your body. your civil rights are suspended until they're restored. >> yes. >> okay. >> the next court will be august 7th at 8:15 for sentencing. >> okay. [ crying ] >> we'll get through this. it's okay.
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>> i just run into one of the jurors in the parking lot, who happened to be crying. and i asked her how she and the other jurors arrived at their decision. and she said, well, it was really hard, but we felt like we couldn't go up against the law. but then she proceeded to say, but i really hope the law changes. and i said to her, well, it's too late for zack, because he is now a convicted felon for the rest of his life.
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