Community | February 17, 2011 | 74 comments

YouTube singer charged with felony faces 20 years in prison

source: http://www.woodtv.com/dpp/news/local/muskegon_county/YouTube-singer-charged-with-felony

bundlebear
In January, Emory performed at the Beechnau School under the pretense he was working on a personal project. A teacher he knew at the school agreed to let him come in and videotape.

Emory and a friend taped his performance with students in the classroom. Then, later, without anyone else in the room, he was videotaped performing an explicit song, then edited it to make it appear he sang to the elementary students. It was posted on YouTube earlier this week, and was taken down Tuesday.

It also came out in court that Emory recently showed the video at an open mic night in Muskegon.

Ravenna school superintendent John VanLoon wanted criminal charges pressed. Muskegon County prosecutor Tony Tague authorized the charges and Emory was arrested.

"(It's a) very bad error in judgment on his part," said Terry Nolan, Emory's attorney. "I know he's remorseful. I know he feels badly toward the school that trusted him."

Nolan admitted he's preparing to defend a client in a fairly uncharted territory of the law.

"There are some very complicated legal issues involved in this case, which frankly, I haven't had time to explore them all," he said.

Tague said despite the broad language and severity of the charge, he believes the case is solid.

"It clearly falls within a criminal statute, and I think anyone who thinks it's a prank has not thought about the impact that it could have on these very young children and their families -- as well as the entire community," Tague said.

The incident is still under investigation, he added. Prosecutors are looking at anyone who may have participated in shooting the video, and said Emory could face additional charges.

Emory's preliminary exam is set for March 2. He is able to keep working at his job, at Applebee's, but can't attend any more open mic nights and isn't permitted to have contact with children.

http://www.woodtv.com/dpp/news/local/muskegon_county/YouTube-singer-charged-with...
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74 comments // YouTube singer charged with felony faces 20 years in prison // Video

  • MotherForTruth
  • Persecuted
    • +1
      Persecuted  

    • big waste of tax payers dollars because a few people are ass hurt... charge the county thousands of dollars in court fees... then use tax payer dollars to keep him imprisoned and unable to contribute to society for 20 fuckin years... give me a break..

    • 1 year ago
  • bundlebear
  • Persecuted
  • Deadwood_Zen
  • Itsbatman_Durr
    • +2
      Itsbatman_Durr  

    • i mean i basically feel that the idiot prosecutors hoped with the threat of a 20 stretch the guy would cop a plea and thus noone would be the wiser. .what a travesty of justice.. this prosecutor should be disbarred and all involved severely punished for this miscarriage of justice and character assassination as well as false charges and general stupidity

    • 1 year ago
  • Itsbatman_Durr
  • EdJoyProductions
  • freecrack
  • Itsbatman_Durr
  • coxian_armada
  • coxian_armada
  • freecrack
  • EdJoyProductions
  • freecrack
  • EdJoyProductions
  • Juas
    • +2
      Juas  

    • Only in the USA an artist tricks a school and face 20 years in Jail.
      In other countries, he would have been fined and told to go paint said school with hes own money.

      Police State!
      A Government Sponsored Systematic Jailing System is in place.

      Trick a school, 20 years.
      Steal trillions of dollars, have a vacation.

      Smoke pot, 20 years
      Sell legal drugs that pretty much kill you, get millions of dollars

    • 1 year ago
  • pukemnukem
    • +1
      pukemnukem  
    • Juas:

      Really? You can't think of a single historical case of an artist facing a worse punishment? To be clear, I am not endorsing what is being done here as it seems like a tremendous waste of money, but there have been countless artists who have been killed by governments for their work.

      Just look at Theo van Gogh as a prime example the dangers an artist can face.

    • 1 year ago
  • EdJoyProductions
  • pukemnukem
  • UrbanGypsy
    • +1
      UrbanGypsy  

    • People in this country get in trouble for the most imbecile things. We have a backlog of foreclosure cases that stretches from here to China and the courts are dealing with this? What a joke...

      The judge should do us all a favor and toss this thing out and make a statement that cases such as these are not going to be taken seriously.

    • 1 year ago
  • Ricky84
    • 0
      Ricky84  

    • There's a whole lot of fail and sensationalism going on in this thread. Emory was not charged with a crime that carries a mandatory minimum of 20 years, he was actually charged with a crime that COULD allow for a sentence of twenty years.

    • 1 year ago
  • Persecuted
  • Ricky84
    • 0
      Ricky84  
    • Persecuted:

      I agree. If anything I think he should do some community service, specifically working with orphans or child protective services. That way he could get a better understanding of why what he did was so wrong.

    • 1 year ago
  • Persecuted
  • Ricky84
    • 0
      Ricky84  
    • Persecuted:

      So you're not new to current, but the profile which is named "persecuted" is. Oh let me guess. You were banned for breaking the rules just like you're doing now. I think you just outed yourself. Here's the hoping you changed that ip address.

      And yes I did critique your put down. For one it reeked of shameless, sophomoric compulsion to show disapproval and two because you've abandoned all hope to defend your position. Which now that I think about it was never really attempt to debate anything.

      I get your game now. I bring up the inconsistent and ridiculous things you post and you in turn insult me in a poor attempt to win the argument without ever having to justify all that rage. Wow you make me want to be a better person.

      In fact I'm going to try and salvage this post from being a complete waste of time by apologizing to everyone I've ever insulted on this site. Then again I least offered something of an argument to go with all that hate.

    • 1 year ago
  • Persecuted
  • Persecuted
    • 0
      Persecuted  
    • Ricky84:

      ok... so we should spend thousands upon thousands of dollars to lock this guy up for most of his adult life, for a crime that hurt someones feelings... didnt hurt anyone... just hurt their feelings...
      we got murderers who get less than 20 years...but lets hang this guy out to dry... because he hurt feelings... thats just not acceptable...
      lets let all the wallstreet frauds get away with whatever they want... but lets give this poor guy 20 years in prison... because thats logical... isnt it... lets feed that prison machine

    • 1 year ago
  • Ricky84
  • Persecuted
    • +1
      Persecuted  
    • Ricky84:

      i did respond concerning the discussion... it seems that you are so ANGRY about what someone on the internet said to you, that you cant get over it... you dont agree with my opinions so you continue to accuse me of trying to personally insult you... i'm not going to say you are a sensitive cry baby... because that would be a personal insult... but there are some people on here who could be misinterpreted to be sensitive cry babies...

    • 1 year ago
  • Persecuted
  • Ricky84
    • 0
      Ricky84  
    • Persecuted:

      Oh wow classic troll mentality. You flame bait and then later on claim victory in your efforts while reality goes on to confirm this perception to be pathetically delusional. For all your efforts all you’ve gained is an acknowledgement of those efforts. Which to be honest doesn’t really constitute as a gain in the first place since part of my argument has relied upon the assertion that your “points” are nothing more than hollow rhetoric held aloft by the force of your own ego.

      All things considered I’ve been able to juggle an accurate, fact based critique of your “debate style” and the defense of my own position which you consistently fail to rebuke in any legitimate shape or form. Here let me show you what I’m talking about.

      “you dont agree with my opinions so you continue to accuse me of trying to personally insult you”

      Look at you implying that you never broke current.com’s guidelines by trying to insult me into feeling wrong about my position. That’s pretty funny coming from the person the mods told to remove their comment because it broke the rules. Hey I got an idea if you’re guiltless you should just repost that comment. If you didn’t do anything wrong then where’s the danger?

      “dangling a child over a cliff is not the same as singing to an empty room”

      This is a perfect example of why I am an idiot for trying to prove you wrong. It can’t be done. You won’t allow it. That being said let me at least type out why you are wrong.

      You’ve continually argued this man is guiltless because “no one was hurt.” That by itself is the gleaming, ubber , all important factor that your reasoning rests solely upon. And now when I lower myself down to that simplistic method of determining innocence or guilt and provide you with a scenario that accurately reflects the subject of our discussion in all the relevant factors that were offered by your own admission you once again, by the force of your own ego, reject the simplification of the comparison while simultaneously trying to uphold that same simplistic determination of innocence.

    • 1 year ago
  • Ricky84
    • 0
      Ricky84  
    • Persecuted:

      Damn right I did. See I’ve come to agree with the framework and rules of this site. And just as important I’ve come to value my profile, the connections and the repertoire I’ve built with those connections. So no I’m not going to descend to your level and take pop sots at your person even though, with the wealth of material you’ve provided, I give just as good as you're trying.

      As for your latest argument, well oh wow. In my last post I claimed your argument was juvenile and consisted of ignoring rebuttals so you could, unencumbered by fail, launch into another series of half truths and insults and look how you’ve shamelessly maintained that tactic even though its easy to spot.

      You know I shouldn’t even indulge you but I will because for one its easy and two because it serves a dual purpose. If we were actually having a discussion or debate you might have acknowledged that we both do not feel jail or prison time is necessary which would be obvious if actually read my posts inside of just raging all over the place. If we were actually having a debate or discussion you would possible be realistic/objective/unemotional enough to concede that almost everyone would agree a criminal act was committed even if the victim did not actually suffer from the worst consequences of the aggressors negligence or immoral behavior.

      For instance the courts do not reject injunctions or restraining orders from a petitioner because having “your feelings hurt” is not an a proper claim. In fact most people would agree that an honest threat against another persons wellbeing whether verbal or physical provides enough of a reason for a third party to step in, even when as I said before the worst possible outcome was not realized.

      If I had a child and I dangled him or her over a cliff most people would push for some type of intervention into my continued interaction with that child. Similarly most people would also push for some sort of punishment even if no harm came to that child. No one in their right mind would say “just leave him alone, your feelings don’t matter.” The same line of reasoning pops up in a whole host of other legal issues; labor regulations and verbal threats immediately come to mind.

      Ok I could go on but I’m going to stop here. Based on your M. O. this was already a fabulous waste of time. If you decide to acknowledge your previous “discussion style” and actually adopt something that resembles a constructive debate I’ll respond. Please consult the pic before typing out your reply.b

    • 1 year ago
  • Persecuted
    • 0
      Persecuted  
    • Ricky84:

      though i do appreciate the novel that you have written for me... im afraid i just dont have the time to read it... i'm not a troll, i just dont agree with you... end of story... have a great day...

    • 1 year ago
  • Persecuted
    • 0
      Persecuted  
    • Ricky84:

      i removed the comment on my own free will while it was under review... no one told me to do anything, and im pretty tired of your harassment and personal insults

    • 1 year ago
  • Persecuted
    • 0
      Persecuted  
    • Ricky84:

      your comment was removed by the moderators... mine was removed on my own will... so mr i obey the rules and i believe in the rules... how you feeling about your tattle tail experience now?

    • 1 year ago
  • good_stuff
    • +1
      good_stuff  

    • Clearly just another victimless crime. I'm sure I'll have everybody jump on me for saying it, but...

      NO HARM DONE, NO CRIME TO PROSECUTE!

    • 1 year ago
  • VoyagerFilms
  • JohnGalt
  • JohnGalt
  • JohnGalt
  • TaGgInUrBlOcKuP
  • EmperorThan
    • +4
      EmperorThan  

    • So let me get this straight. He sang to the children. The children LEFT and he sang dirty lyrics to NO ONE and now they're charging him with singing dirty lyrics to children that weren't there but morons thought they were cus they didn't know that videotape could be edited????

      Wow... just wow. People are fucking morons these days. Watch I'll edit a video so that I'm waving from the top of the World Trade Center on 9/11 and the judge will think I'm a survivor.

      Also the First Amendment still exists, are people aware of this? Congress shall make NO LAW abridging the right to freedom of speech. As in "no law can be made saying you can't say words".... (for lay people [Republicans])

    • 1 year ago
  • Mark701
    • +4
      Mark701  

    • A bit strange to say the least, but hell, if we can let Wall Street off for ripping us off for trillions, then this guy should be ignored.

    • 1 year ago
  • littlwarrior
    • +3
      littlwarrior  

    • I really don't see how anyone was hurt here. The kids were not in the room when the explicit song was sang, it just looked like it. There is no crime here and if this kid is charged with a crime then that is so way overzealous douchbagery on the part of the prosecutor.

    • 1 year ago
  • Persecuted
  • corndog67
  • cantucwearebrothers
    • +2
      cantucwearebrothers  

    • Ok then...can we prosecute the government for the crimes they've committed against children?

      The impact on very young children and their families -- as well as the entire community has been unconscionable as a result of 'no child left behind'.

      This is seriously fucked up.

    • 1 year ago
  • ThresholdBroken
  • Richard_Wyatt
  • noxidereus
  • mitekillem
    • +1
      mitekillem  

    • So, the guy sang an explicit song to an empty room, but edited it so it looked like the kids where there, after the fact.

      How the hell is this a crime? The kids were not subjected to anything.

    • 1 year ago
  • JStation
    • +1
      JStation  

    • I'm curious how this video violates any law, unless there are laws against sexually explicit content and images of children being shown together in the same video.

      What the prosecution has overlooked is the fact that these children were not directly exposed to any sexually explicit content, that none of the video recordings made show evidence of exposing a minor to sexually explicit material, and that the footage of the children being performed to was in the legal possession and copyright of Emory and his friend. If he wants to use the material in a PETA campaign featuring scenes of animals being slaughtered, he has the legal right to use the media in that way, as federal law does not guarantee or censor the distribution of personal media. It is assumed under copyright law that any subject appearing in or on copyright media has done so voluntarily, so the parents should have thought twice before agreeing to allow their children to be filmed in their classroom by a third party.

      It may be illegal to depict minors in the context of sexual material, but Emory's video does not depict nor intend to depict sexual acts between minors in any form or fashion. What you see in the video is a use of privately owned video footage that has been edited to make it appear as though Emory is performing sexually explicit material to the classroom of minors.

      Refusing to acknowledge the misappropriation of criminal statutes cited for the charges against Emory is a cross of the US justice system. The prosecution should face dire consequences, including the removal of VanLoon from any and all positions in the school district and the immediate disbarment of Tague, for leveraging their authority in a manner inconsistent with the ethical standards required of all public officials.

      I am not excusing Emory's behavior, which is clearly immature and should be adjusted before it does result in serious criminal offenses. Unfortunately, what is at question here is not whether his behavior was inappropriate, but whether he has directly exposed these minors to adult content. Because there is no direct evidence or witnesses that can verify he performed a sexually explicit song directly to the minors or with any of the minors present, the prosecution are outside of their legal boundaries and the case is frivolous. Tague and VanLoon should be removed from their respective offices, tried for obstructing and/or tampering with the US Justice system, and fined for filing a frivolous suit. They should also be required to pay for Emory's legal counsel, return any and all lost wages during and for up to one year after the charges were filed, and pay additional fees for slandering Emory in the public forum.

    • 1 year ago
  • audiotruther
  • JahBuLon
    • +2
      JahBuLon  

    • All I'm sayin' is that some guy in my local buffalo, ny area was just acquitted of animal cruelty charges after he was pulled over and the police officer discovered a live cat in his trunk marinating in hot spice blend. ACQUITTED MF. and people get charged for stupid shit like this and drug possession and stealing food from garbage. This place sucks.

    • 1 year ago
  • Progresshiv
    • 0
      Progresshiv  

    • I can see maybe charging him with trespassing, but to slap a felony charge on him is extreme. Here's a question that maybe King Solomon could answer: how can we protect the most vulnerable citizens, children, without enforcing security processes in elementary schools?

    • 1 year ago
  • ThresholdBroken
  • Darevalo
  • jeffreyak
    • +1
      jeffreyak  

    • Anyone who would jail someone because they are w weirdo is sick. Just because your kid was in a video does not make this guy a criminal. The school approved it. Are you sending your kids back to the school that subjected them so this predator. I thought so... Fuck heads.

    • 1 year ago
  • toyotabedzrock
  • John_Hutchison
  • Avior
    • +7
      Avior  

    • Ugh, they have no case here. Practical joke or not this still falls under freedom of speech.

      Dakota Fanning did a movie when she was 12 and there was a rape scene involving her. That was shot in the United States and nothing ever came of it.

      So no kids were harmed in the making of this video, it was edited to make it look like it was done in front of children.

      This guy is a victim of a pissed off superintendent and an over zealous prosecutor.

      Edit: Just because I could, and it seemed like the right thing to do, I sent this story to the Michigan ACLU.

    • 1 year ago
  • Ricky84
    • -1
      Ricky84  
    • Avior:

      In all the relevant aspects this is nothing like having Dakota Fanning film a rape scene in a movie. Fanning’s parents were undoubtedly involved in a legal process where documentation outlining every particular of that scene was described and then approved by both parents. This paperwork protected the studio, the parents and each parent individually from legal prosecution by demonstrating that all parties consented to this action, adhered to the law and just as importantly did not haphazardly film an adult dry humping a little girl who had no idea what was REALLY going on.

      This guy did nothing even remotely close to that and that’s why he’s being charged with a crime.

      “So no kids were harmed in the making of this video, it was edited to make it look like it was done in front of children.”

      And that account to fuckall in the world we live in today. Businesses the world over (except in the most exploitive third world countries) are required to adhere to safety protocols not because a person is guaranteed to be injured in their absence but because civil societies place a higher premium on protecting the rights and wellbeing of its members over profits.

      Again without the necessary documentation the parents, teachers and children could of been thoroughly screwed by the system.

    • 1 year ago
  • EdJoyProductions
    • +5
      EdJoyProductions  

    • This is ridiculous. The impact on the children and their families?! No one was assaulted. Remove the video if everyone is so freaked out about it and let's get on with our lives.

      Overly sensitive people are responsible for the stagnation of humanity.

    • 1 year ago
  • bundlebear
  • EdJoyProductions
    • +4
      EdJoyProductions  
    • bundlebear:

      Unless he is raping a six year old in it, threatening him with 20 years in jail is insane for what probably amounts to some inappropriate humor.

      I would like to check it out too. It sounds hysterical.

    • 1 year ago
  • cantucwearebrothers
  • alexandrek
  • bundlebear
  • alexandrek
  • jeffreyak
  • 667
  • 667
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