>> A family judge in New Jersey is facing a quite a bit of criticism today following
a ruling he made on a 16 year old boy who is facing rape charges. Now, the prosecutors
in this case wanted to try him as an adult, and in the state of New Jersey, a person can
be charged as an adult as soon as they turn 15.
And so the prosecutors come forward, they petitioned to try him as an adult, and the
judge decided to reject that petition. Now, rejecting the petition is one thing. But it
is the reasoning that we've heard from this judge that should concern everyone. Now, first,
I'm gonna detail what the boy allegedly did, and then I'll tell you what the judge said.
According to The New York Times, the boy filmed himself penetrating the victim from behind.
Her torso exposed, her head hanging down, prosecutor said. He later shared the cell
phone video among friends, investigator said and sent a text that said, when your first
time having sex was rape. Now, it was right because she was incredibly drunk.
She was stumbling and the situation was so bad that his friends actually went to the
basement where the alleged rape happened, to check in on her and make sure she was okay.
And then they later called a friend's mother to drive her home. She woke up the next morning,
with bruises all over her body.
Her clothes were ripped, and she went to her mother and said that she didn't know what
happened the night before and she's worried that she might have been raped. Okay-
>> So prosecutors said that it was calculated and cruel. One of the facts they used, other
than the things you've already heard which are obvious, is that the door was blocked
by a foos ball table.
So not only did he lead her down to the basement stumbling, not only did he brag that it was
rape. But he blocked the door so she couldn't get out and other people couldn't get in.
So that appears to be the facts of the case here, as reported by The New York Times.
So nonetheless, the judge said there's a distinction between a sexual assault and a rape. And here-
>> He doesn't believe it's rape unless there are two men involved and there's a gun involved.
>> Here I'll read it to you, from The New York Times. He said, the traditional case
of rape generally involved two or more males using a gun or weapon to corner a victim into
an abandoned house, shed or shack, and quote just simply taking advantage of the person
as well as beating the person, threatening the person.
So apparently if you're not using a gun or weapon and bringing people to a shed or a
shack and threatening their lives and beating them after death, not rape.
>> So this is- >> So it's amazing what some people believe
in this country that are judges. >> Yeah, so his name is Judge James Troiano,
and I think it's important to name him.
He's 70 years old, he's a retired judge, but every once in a while when there's need for
it, he will step in as a family judge, in order to make decisions in these cases. So
my question to him, though, is if you have a daughter, and someone slips a drug in your
daughter's drink, and she is sedated to the point where she's unconscious and men have
their way with her, is that considered rape?
Because it doesn't fall under his very narrow definition of what rape is.
>> What was it, in a shed? Was there a gun? When her friends came to get her, she was
vomitting all over the floor. So it's very little doubt as to whether she was conscious
and could concent legally.
But apparently know that convinced the judge. >> Yeah, and we're just getting started by
the way, I gotta read you other quotes from the judge quickly. He seemed to be more sympathetic
toward the perpetrator as opposed to the victim. Referring to the perpetrator as a good boy,
right?
He is clearly a candidate for not just college but probably for a good college.
>> Wow. >> Yeah.
>> Okay, well then, what other daughters can he rape. I mean if he's going to go to a good
college. >> Let's go to graphic four. This young man
comes from a good faimly who put him into an excellent school where he's doing extremely
well.
His scores for college entry were very high. >> So look, we got more but there's a divide
between some folks in this country who grew up in a different era. And it doesn't mean
that everybody who's 70 years old or anywhere near that age thinks this way, not at all.
A lot of our members are older as well. But there are some people a significant percentage
of folks who grew up in a different generation. And those insane stereotypes are still in
the back of their heads. And in some cases like this at the front of their heads.
And some of them are in very important positions, cops, prosecutors, in this case a judge. And
so they think well, if you come from a good family, well, you deserve a break. No one
that probably came into his courtroom that was poor was considered from a good family.
>> Exactly. >> And so you got screwed. If you are poor,
you didn't get the same justice as the rich families. And I don't think that it's out
of malice, I don't think that this judge goes at home and goes I love rich people and I
wanna screw over poor people.
It's just that he grew up in that culture, he thoroughly believes it.
>> Let me be clear about something. It might not be out of malice in the in the way that
you just defined it. Maybe he is completely unaware of the bias he has in favor of people
with privilege.
But there is a maliciousness toward the victim here, maliciousness toward women who have
been straight up raped. I mean, to the point where he asked the prosecutors, does this
person know that she could be destroying his life?
>> No, no, that's literal. He said I'm not gonna let you try him as an adult.
He also went on to say not only is he rich and he went to a good school got good grades,
he was also an Eagle Scout. Wow, I didn't know he was that good a person. And then he
said to the prosecutors, you should talk to the girl and try to get her to understand
she might be ruining his life.
Remember, he wrote and showed all of his friends and she by the way, came and asked them about
it, and he said, no, no, I didn't. And then after she already asked him about the rape,
he went and showed more friends the video of him raping her with the top title, When
Your First Time Having Sex Was Rape.
But the judge goes even though you say that the kid himself the 16 year old says that
it's rape, I'm not gonna call it rape. And I'm gonna say that it's the victimizer, I
don't know how intoxicated she was,he said that too. And so you should talk to the girl
and convince them what a good Eagle Scout this guy is.
>> It's disgusting, I do wanna give the prosecutors some credit here.
>> Yeah, and the whole system actually. >> Because they decided that they would not
allow this judge to just get away with making this type of decision. In fact they're calling
him out and they went to Appeals Court, and luckily the Appeals Court did clear the way
for this case to move from a family court to a grand jury where he will be tried as
an adult.
And so I'm glad that they did that, right? Look, I think that there could be a debate
about whether it makes sense to try minors as adults. I mean adults are adults, minors
are minors. I don't wanna have that debate now, but I I think that is a legitimate debate.
But with that said, the fact that this judge is treating him as if he's the victim, he's
treating the perpetrator as if he's the victim. It makes me incredibly happy to see that there
are prosecutors who are willing to fight against this judge even given that it appears the
perpetrator comes from privilege and is deemed someone who shouldn't be prosecuted harshly
under these circumstances.
>> All right, and one more credit and that is the Appeals Court who threw out this decision
and said no, no, no. And they said no, we're gonna have a real hearing here. You're not
allowed to block them from having this hearing about whether he should be trialed as an adult.
Because it didn't sound like you were a neutral party here as you were supposed to in making
this decision. It sounded like you weren't even trying the case. In this case you were
just supposed to decide whether it goes to an adult court or not. And so, you were just
completely off in this.
The Appeals Court also ruled a similar case in Middlesex County as well. So the system
actually worked in a sense, where the prosecutors in the appeals court did the right thing.
So there is a definite silver lining to that. And we hope that this young woman and her
family, of course, receive justice.