Personally from everything I have read, him being blackballed from MLB is flat out wrong. His act as a 15 year was wrong and immoral. But he owned up his mistake, paid his debt to society and seems like a changed man. The backstory is a little odd in itself.
The guy is 1st round talent and not being drafted 2 years in a row is showing owners are colluding against him.
Weird, weird case.
The problem here is optics - based on that conviction, I don't see how any team could withstand the PR backlash that would accompany signing him.
When he was a teenager, he and his family had a choice - go to trial, risk his brother losing custody of his children and him losing a year of his life (40 weeks), or plead guilty, where his brother would retain custody, and he'd hopefully have a sealed verdict that wouldn't really see the light of day, and he'd be able to play unnoticed.
That gamble backfired, and he's paying the price. If he was truly innocent that's unfortunate, but that was the chance he took. And if he's not innocent, then fuck him.
Pretty much my thinking as well.
One thing though, unless I'm mistaken the record would've remained sealed but he chose to have it opened and available to Major League teams in an effort to make him more draftable.
It seems his thinking was letting all the info out would confirm he wasn't hiding anything but it seems as though that backfired on him.
Yeah you may be right. I wasn't sure which came first though because if his juvenile record was sealed I don't believe he would've showed up on any database.
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him in a database of registered offenders that blew the lid on this, last year. I think Heimlich released whatever other information to the public in an attempt to gain some control over what was being said. I'm pretty sure he would much rather this never saw the light of day again.
Yeah you may be right. I wasn't sure which came first though because if his juvenile record was sealed I don't believe he would've showed up on any database.
Apparently, he mistakenly didn't update the sex offender registry with his current address, and that resulted in a violation:
Moran requested court documents in Washington state, where the molestation occurred. The public records reveal what happened and include a short admission of guilt written in Heimlich's own hand.
http://www.oregonlive.com/beavers/index.ssf/2017/06/why_we_published_the_story_abo.html - ( New Window )
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In comment 13987500 jcn56 said:
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him in a database of registered offenders that blew the lid on this, last year. I think Heimlich released whatever other information to the public in an attempt to gain some control over what was being said. I'm pretty sure he would much rather this never saw the light of day again.
Yeah you may be right. I wasn't sure which came first though because if his juvenile record was sealed I don't believe he would've showed up on any database.
Apparently, he mistakenly didn't update the sex offender registry with his current address, and that resulted in a violation:
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After those initial interviews had been conducted, Moran performed a routine background check - something we do on profile subjects. He ran Heimlich's name through the Oregon courts database and came up with this: Heimlich had been cited in April for failing to update his sex offender registration in Benton County.
Moran requested court documents in Washington state, where the molestation occurred. The public records reveal what happened and include a short admission of guilt written in Heimlich's own hand.
http://www.oregonlive.com/beavers/index.ssf/2017/06/why_we_published_the_story_abo.html - ( New Window )
Thanks for clearing that part up for me. I never knew Oregon unseals these type of juvenile offenses. Most states don't.
Btw, I agree with the reporters on publishing this story. It's a matter of public record in Oregon and a very important case/offense. It's not like they did anything underhanded to get the info and publish it.
Just FYI, his record has been expunged and he is no longer a registered sex offender.
In fact, the police report that he is was in reporting violation, which is how the Oregonian got tipped off in the first place, was in error.
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It is perfectly logical for baseball teams to avoid drafting a registered sex offender. From both a fan and locker room standpoint it is a non starter.
Just FYI, his record has been expunged and he is no longer a registered sex offender.
In fact, the police report that he is was in reporting violation, which is how the Oregonian got tipped off in the first place, was in error.
This is kind of getting lost in the fold.
He’s got his second chance. He’s not behind bars, is he?
Feel free to reach out and hire him. Put your name on it. Tell the entire company that you believe in second chances so you’re hiring a child molester. Reach out to your customers and let them know what a great guy you are too. I’m sure they’ll be very proud of you
There is no financial gain on the victim's mother's side to maintain that Luke is guilty.
Is it possible he is falsely accused? Sure. But is it also possible sports fans and the community are so desirous to see one of their own succeed and go to the pros that they'll either talk themselves into thinking he is innocent or even look the other way? We've all seen that happen before.
It's easy to second guess I admit that, but there are some things I feel comfortable saying I don't think I'd ever plead guilty to if I didn't do them regardless of whether it's in my best interest in the long run or not.
and child molestation falls into that category. the best thing you can say about this kid is maybe he got some bad legal advice, but you still don't know if he actually did it or not.
the other thing to consider is all these links and stories you are getting one side, repeatedly, you never hear much at all in any of these stories from the mother of the allegedly molested child. And you don't hear what led her to believe it took place to begin with. If you believe it didn't happen you are squarely in the camp of believing a mother 100% made up a lie saying her child was sexually assaulted by her 15 year old nephew - on more than one occasion.
I have seen some ugly divorces (both parent's divorced multiple times, siblings divorces, acquaintances with knock down drags out divorces) - I get it - people in love for eternity one day turn into mortal enemies the next, but accusing an ex-spouse's 15 year old brother of molesting your child seems beyond that. To what end? The mother seems to have kept with the story and it doesn't seem like it hurt the father (beyond the obvious strained family relationship)
It's complex and it's possible that unfortunately this kid is caught up in something he doesn't deserve, but if you are a pro sports team are you willing to take that risk?
Yeah, if a company (in this case a baseball team) signs a known child abuse offender and he commits another act of molestation, there could be liabilities against the company
There is no financial gain on the victim's mother's side to maintain that Luke is guilty.
Is it possible he is falsely accused? Sure. But is it also possible sports fans and the community are so desirous to see one of their own succeed and go to the pros that they'll either talk themselves into thinking he is innocent or even look the other way? We've all seen that happen before.
If the mom made up the claim, she has several reasons to stick to her story: Criminal and civil liability and the court of public opinion. Either way, there is a tragic story here. Either a child was molested or a man’s life has been ruined.
I'll just add that an actual sex offender who continually denies guilt is not well armed to avoid future offending behavior, as he hasn't learned the important emotional and practical steps to reduce his recidivism risk.
I'll just add that an actual sex offender who continually denies guilt is not well armed to avoid future offending behavior, as he hasn't learned the important emotional and practical steps to reduce his recidivism risk.
Yat - in the article that Gary linked, it also mentions that one consideration at the time was that a messy trial could complicate his brother's divorce and subsequent custody. I don't think it ended at his chances of being found guilty.
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He pled guilty because his attorney thought he would be convicted based on victim testimony and could keep the record sealed. The family didn't want him losing a year of school and, ahem, baseball. He failed to report his address change so his situation was discovered and made public. Now he and his family regret pleading guilty with a pro baseball career on the line.
There is no financial gain on the victim's mother's side to maintain that Luke is guilty.
Is it possible he is falsely accused? Sure. But is it also possible sports fans and the community are so desirous to see one of their own succeed and go to the pros that they'll either talk themselves into thinking he is innocent or even look the other way? We've all seen that happen before.
If the mom made up the claim, she has several reasons to stick to her story: Criminal and civil liability and the court of public opinion. Either way, there is a tragic story here. Either a child was molested or a man’s life has been ruined.
Sure, but there's nothing to compel her to say that she's appalled that OSU is letting him pitch. She could maintain he's guilty without commenting publicly or questioning his athletic eligibility.
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I guess not.
He got a second chance - at life. He's not guaranteed anything wrt baseball.
But we know you're too stupid to understand the difference
Second chance? He supposedly molested a 6 year old girl. He then proceeded to avoid jail time as a strategic move and ended up continuing to play baseball on a full ride scholarship, earning a degree along the way. So, now he has no criminal record and a college degree for free. I'd say he got more than a second chance.
In reading this, what I was surprised at was the notion that he avoided losing 1 year of his life to prison. Is it true, only 1 year? That is scary, if true. 1 year for molesting a 6 year old.
Cured?! Really? Cured? IF this story is true, he is a pedophile. That is a sociopathic disease, that isn't cured. It is never defined by an isolated incident. If the allegations are true, his story with the little girl in question is probably worse than what we heard and there have probably been other little girls...or there is a strong chance there will be.
Second chance? He supposedly molested a 6 year old girl. He then proceeded to avoid jail time as a strategic move and ended up continuing to play baseball on a full ride scholarship, earning a degree along the way. So, now he has no criminal record and a college degree for free. I'd say he got more than a second chance.
In reading this, what I was surprised at was the notion that he avoided losing 1 year of his life to prison. Is it true, only 1 year? That is scary, if true. 1 year for molesting a 6 year old.
Cured?! Really? Cured? IF this story is true, he is a pedophile. That is a sociopathic disease, that isn't cured. It is never defined by an isolated incident. If the allegations are true, his story with the little girl in question is probably worse than what we heard and there have probably been other little girls...or there is a strong chance there will be.
Rare is the juvenile justice system that doles out significant jail time for any but the most hardened repeat offender. If you don't like it talk to your legislature, but the HARD push has been in the opposite direction for a long time now.
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teams don't want to deal with the PR nightmare of having a convicted child molester on their roster. I'm completely in agreement with 2nd chances, but child molestation is like the 3rd rail of crime, no organization that relies so much on public perception is going to take that chance.
yup. he's going to likely need to find employment in a role or at a company where background checks are not conducted. or Stan in LA will hire him since he's all about giving everyone a second chance.
This is a pretty bizarre story. If you truly believe your son is innocent, let it play out in court instead of admitting guilt. They were worried about the family, but allowed a 15 year old to admit to something he says never happened? There is more to this story and I don'f feel like peeling back the layers.
I believe the only reason the paper found out about it was by mistake. He served his probation and no longer needed to file as a sex offender after his 21st birthday, the state of Oregon made a mistake and thats how the reporter found out.
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In comment 13990919 Section331 said:
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teams don't want to deal with the PR nightmare of having a convicted child molester on their roster. I'm completely in agreement with 2nd chances, but child molestation is like the 3rd rail of crime, no organization that relies so much on public perception is going to take that chance.
yup. he's going to likely need to find employment in a role or at a company where background checks are not conducted. or Stan in LA will hire him since he's all about giving everyone a second chance.
This is a pretty bizarre story. If you truly believe your son is innocent, let it play out in court instead of admitting guilt. They were worried about the family, but allowed a 15 year old to admit to something he says never happened? There is more to this story and I don'f feel like peeling back the layers.
I believe the only reason the paper found out about it was by mistake. He served his probation and no longer needed to file as a sex offender after his 21st birthday, the state of Oregon made a mistake and thats how the reporter found out.
Assuming he was innocent, they took a calculated risk and it backfired on them. They figured they'd get a two for one - the record would likely never see the light of day when he was older and he'd be able to go on with his life without it holding him back, and his brother would retain custody of his children.
I don't see how anyone could argue that he deserves a spot or a second chance, though. He plead guilty to a fairly shitty offense. If he was guilty of it, there's no way he should ever have been considered for professional ball. If he wasn't, well, he took his chance, gambled and lost. He's not entitled to further consideration just because his gamble backfired. That might be harsh if he was in fact innocent, but that's the chance he took.
I'm no legal expert, but how does pleading guilty to molesting a 6 year old girl (your niece) somehow help your brother keep custody of the 6 year old girl as opposed to pleading not guilty, going to court and potentially being found guilty.
In the eyes of the family court assigning custody wouldn't guilty be guilty and neither pleading guilty or being found guilty have any difference in the courts judgment on custody?
I don't see how that piece really fits.
It seems to me (pure guess) he plead guilty to avoid a longer sentence should he have been found guilty at trial and they tried to add the other part to make him seem sort of magnanimous (like he took one for the team).
To me, it is juts as important that each decision has consequences, and some of the consequences carry a pretty poor outcome.
If the consequence of being a convicted child molester is not playing baseball, I think that's fair.
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In comment 13990919 Section331 said:
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teams don't want to deal with the PR nightmare of having a convicted child molester on their roster. I'm completely in agreement with 2nd chances, but child molestation is like the 3rd rail of crime, no organization that relies so much on public perception is going to take that chance.
yup. he's going to likely need to find employment in a role or at a company where background checks are not conducted. or Stan in LA will hire him since he's all about giving everyone a second chance.
This is a pretty bizarre story. If you truly believe your son is innocent, let it play out in court instead of admitting guilt. They were worried about the family, but allowed a 15 year old to admit to something he says never happened? There is more to this story and I don'f feel like peeling back the layers.
I believe the only reason the paper found out about it was by mistake. He served his probation and no longer needed to file as a sex offender after his 21st birthday, the state of Oregon made a mistake and thats how the reporter found out.
I don't think its as simple as this. I think they were very worried about their 15 year old son going to jail for something he didn't do.
They looked at the facts of the case. The case was a he said / she said. And the she was a six year old girl who seemingly has no reason to lie, (but may have very well been convinced by her mother something happened). Anyway, defending the he in these cases, involves calling the accuser a liar and showing the jury she is a liar. Victim testimony is very credible to juries. Calling someone that young a liar is not going to win you any favor with the jury. There is no way to cross-examine her in a harsh manner without looking like a bully
The defense is very limited. They have to go after the mother, who likely won't admit to her role if she did coach her daughter, making the risk of conviction very high. If the mother doesn't admit to coaching, its going to be very hard to make that little girl look like a liar, if she is one.
This is also the advice the legal expert they paid for gave them.
And those who have been around cases of he said/she said with children can often spot a party who is lying or hiding information easily. Especially in cases with claims of molestation or sexual abuse. All attorneys know the ramifications of those cases.
It is probably the one true area in the legal world where the best attempt at learning the truth is made
custody?
Apologies for coming across like I was stating that he was clearly innocent. I don't feel that way at all. I was stating that the family could be looking out for their son by taking a deal to avoid jail time that wouldn't destroy his future (seemingly) because of the difficulties of he said / she said cases.
You can look at the Kern County cases in the 1980s where 36 people were convicted with over 60 children testifying. 34 were overturned years later.
Again, I'm not saying this DID happen. But I certainly see the appeal, if innocent, of avoiding jail in a very difficult case that is heavily reliant on the testimony of a child. One that the prosecutors clearly believe.
I'm just struggling to understand why there is any defense of him by some members of the family. If it was a case of him touching her or having her touch him I can't imagine any family member let him live much less support him.
I'm just struggling to understand why there is any defense of him by some members of the family. If it was a case of him touching her or having her touch him I can't imagine any family member let him live much less support him.
SI
According to the document, which alleged that Heimlich committed two counts of "child molestation in the first degree," the girl told investigators that Heimlich brought her to the floor in the middle of his bedroom, "pulled down her underwear and with his hand he touched her private part... . She said that she told him to stop, but he wouldn't." The girl also said that "Uncle Luke" ...  "touched her on both the inside and outside of the spot she uses to go to the bathroom. She said that it hurt her... . She said that the first time the respondent touched her she was four years old and that she was six years old the last time he did this."
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I didn't see it in the articles I've read. Molestation evokes a visceral disgust obviously, but it's somewhat broader in legal terms. For example a child walking in on an adult masturbating would qualify in some states. Certainly awful but not as horrific as predatory contact.
I'm just struggling to understand why there is any defense of him by some members of the family. If it was a case of him touching her or having her touch him I can't imagine any family member let him live much less support him.
SI
According to the document, which alleged that Heimlich committed two counts of "child molestation in the first degree," the girl told investigators that Heimlich brought her to the floor in the middle of his bedroom, "pulled down her underwear and with his hand he touched her private part... . She said that she told him to stop, but he wouldn't." The girl also said that "Uncle Luke" ...  "touched her on both the inside and outside of the spot she uses to go to the bathroom. She said that it hurt her... . She said that the first time the respondent touched her she was four years old and that she was six years old the last time he did this."
OK. Fuck him then. He's lucky to be alive.
I haven't seen anything very detailed, but in his plea, he admitted having "sexual contact" with the girl. I assume that means something more than just being walked in on.
as I've said before the point I cannot get past is pleading guilty to molesting a child when you are innocent.
I have admitted it's easy to second guess or look back in hind sight, but if I was in that situation I feel like there is no chance in hell I'd plead to molesting a kid if I didn't do it. I'd rot in jail before I were to plead.
I always thought too that a lot of judges would not accept a guilty plea if you maintained your innocence (or maybe that's just the movies).
But in my mind he'd have a better case (in the court of public opinion at least) if he went to trial and was found guilty than if he just plead guilty for convenience.
I also don't put much credence into a 6 year old child of a mother going through a divorce being more credible than a 15 year old. I think the lawyer definitely could have used the vindictive mother angle or scorned woman approach, but it would kind of need to be true because you falsely make that accusation it could kind of backfire. And I acknowledge it's probably hard to prove.
I'm no legal expert, but how does pleading guilty to molesting a 6 year old girl (your niece) somehow help your brother keep custody of the 6 year old girl as opposed to pleading not guilty, going to court and potentially being found guilty.
In the eyes of the family court assigning custody wouldn't guilty be guilty and neither pleading guilty or being found guilty have any difference in the courts judgment on custody?
I don't see how that piece really fits.
It seems to me (pure guess) he plead guilty to avoid a longer sentence should he have been found guilty at trial and they tried to add the other part to make him seem sort of magnanimous (like he took one for the team).
Link - ( New Window )