Update on the Helder Case
A while ago, I wrote in "Jan Helder - Sympathy for the Devil?" about the fact that I know Jan Helder, the lawyer who had been found guilty by a jury of soliciting a minor, but whom Judge Whipple had refused to convict because the "minor" was actually a grown detective. In my post, I agreed with Judge Whipple's analysis of the law, and voiced my opinion that the law should have been more clear.
In an opinion issued yesterday (pdf file, the 8th Circuit ruled that the law was clear enough, and reversed Judge Whipple.
There may be a few motions to file, but this effectively is the end of the line for Jan's attempts to avoid jail time.
posted by Dan at 6/27/2006 06:28:00 AM
25 Comments:
Not knowing the details of this case (but I did read the appeal) it seems to me he had every intent of having sex with a child. That's pretty scarey stuff. It makes me wonder what he has done in the past. At least he won't be doing it again, ever, hopefully.
I mostly agree with travelingal.
Mostly.
But it comes down to intent.
Was he actively searching for an encounter?
Or did the cop advertise that "she" was looking for an encounter.
I think that makes a difference.
XO:
So, if the minor asks for it, its OK for you as a grown man to give it? I don't think so.
Don't try that excuse with the police or the judge. You and Helder will find yourselves watching (or washing) each other's back in the big house.
RM
Yes, he was actively searching for an encounter. He entered into the conversation, used mapblast to get directions to the house and drove there. If he hadn't been so eager, the deputies would have been in place and he would have been arrested inside the house. He also immediately returned to his office and tried to cover it up by taking his photo out of his profile when he realized the deputies had seen him.
The federal prosecutor has filed a motion to have Jan held without bond pending sentencing. As I read it, the judge will have no choice but to incarcerate him during the sentencing process. Jan has until 07/12/06 to respond. The blood is on the water . . .
Does anyone know if Jan Helder has been sent to prison as of this date?
Mr. Helder is playing out his string in front of the 8th Circuit. He motion for rehearing En Banc has been denied as well as a motion for rehearing by the panel. The only thing left if the 'Hail Mary' in the form of a Writ to the Supreme Court which will most likely also be denied [as it was in Blazek, the companion case]. After that, all that is left is the issuance of the mandate. At that time, the Western District of Missouri will most likely grant the motion to detain pending formal sentencing. So the answer is 'NO' he is not incarcerated as of this date, but is stepping closer every day. He has been suspended from law practice and is shutting down his offices.
The phone at the Helder Law Firm was answered this day.... this sad and awful situation has a little more time to go on. Hopefully his family will sutvive this better than he will.
I am aghast that this is still going on and I assume he still walks the streets freely during this time? If it was re-instated why does he not serve time until something happens?
Why is it that there is no news of Mr. Helder being incarcerated???
Here is an update on Mr. Helder's case. The US Attorney had filed a motion for detention pending sentencing. After the 8th Circuit issued the mandate, there was a detention hearing. Judge Whipple took the matter under advisement. Judge Hays was assigned to do an independent review of the motion. She recommended the motion be granted and Mr. Helder be detained. Supposedly his website was pulled, but I can still access it at www.helderlaw.com.
I feel for his wife and children. Whether this was a part of predatory pattern or just a bored yuppie trying to add some kinky spice to his tedious middle-class existence, his actions were a travesty and a stain on the legal profession. His detention is immiment, but not soon enough for me.
http://www.helderlaw.com/ doesn't get you the Helder Law Firm any more... G-d Bless, help and watch over his children.
Hey Debra... maybe you can take over his case load? Whatever Mr. helder did or didn't do, his intentions appear to be clear enough. That you can defend this is beyond me.
http://www.kansascity.com/mld/kansascity/news/15384934.htm
I don't know how many of you have children but it really pisses me off when the perverted dipwads try hitting on my children. It should be illegal for an adult to talk sexually to a child, yes there are extenuating circumstances such as sex ed but thats about it.
I don't know how many of you have children but it really pisses me off when the perverted dipwads try hitting on my children. It should be illegal for an adult to talk sexually to a child, yes there are extenuating circumstances such as sex ed but thats about it.
Jan Helder is being held in Bates County Jail, located in Butler Missouri. His intake date was 08/29/06. He will remain there until sentenced in federal court.
Update: Helder was sentenced to 5 years in federal prison today.
Has he been tried by both Federal and State now or just the one? One has to wonder is his wife a saint or a fool for staying with him and his perversions. What does that teach their children as a morale lesson as well?
It teaches his children that everyone makes mistakes and can make amends for those mistakes to the people he has hurt (wife and children). In my opinion, Helder's wife has shown incredible character by staying with her husband. It would be much easier to jump on him with the rest of you lunatics who exist under the delusion that you have never erred in your own lives. Everyone screws up in life! Fortunately, most of us don't have it pasted all over the internet and the slime bag media.
Grow up!!
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