The real story. Here are the true facts and observations of overzealous prosecution in Iowa. Harvard law professor Alan Dershowitz has opined that prosecutorial misconduct is “rampant.” He certainly had Janet Lyness and her office in mind with that quote.
1)Daniel has Asperger Syndrome.
The symptoms of Asperger’s syndrome vary and can range from mild to severe. Common symptoms include:
· Problems with social skills: Children with Asperger’s syndrome generally have difficulty interacting with others and often are awkward in social situations. They generally do not make friends easily. They have difficulty initiating and maintaining conversation.
· Eccentric or repetitive behaviors: Children with this condition may develop odd, repetitive movements, such as hand wringing or finger twisting.
· Unusual preoccupations or rituals: A child with Asperger’s syndrome may develop rituals that he or she refuses to alter, such as getting dressed in a specific order.
· Communication difficulties: People with Asperger’s syndrome may not make eye contact when speaking with someone. They may have trouble using facial expressions and gestures, and understanding body language. They also tend to have problems understanding language in context and are very literal in their use of language.
· Limited range of interests: A child with Asperger’s syndrome may develop an intense, almost obsessive, interest in a few areas, such as sports schedules, weather, or maps.
· Coordination problems: The movements of children with Asperger’s syndrome may seem clumsy or awkward.
· Skilled or talented: Many children with Asperger’s syndrome are exceptionally talented or skilled in a particular area, such as music or math.
People with AS often get into trouble without even realizing they have committed an offense. Offenses such as making threatening statements; personal, telephone, or internet stalking; inappropriate sexual advances; downloading child pornography; accomplice crime with false friends; and making physical outbursts at school or in the community would certainly strike most of society as offenses which demand some sort of punishment. This assumption, though valid at face value, may not take into account the particular issues that challenge the AS individual. Problems with sensory overload, poor social awareness, semantic misunderstandings, inability to deal with changes in routine or structure, and limited to absent understanding of non-verbal communications are the very kinds of things that make more appropriate responses to society very difficult for someone with AS.
For example, what appears as anti-social behavior to the “regular” world is often simply the manifestation of the AS person’s social misunderstandings. While most would see too many phone calls in the middle of the night as aberrant phone stalking, the AS person might well view the situation as one friend wanting to talk to another, without regard for the time or frequency of calls. And a physical outburst at school might well be related to the AS person’s sensory dysfunction, inability to deal with interruptions in the daily routine, or emotional liability. Emotional liability means to be susceptible to change, error, or instability and stems from its Latin roots meaning “prone to slip.” This often presents itself in individuals with AS: their emotions can change very quickly. They can become upset, scared, or anxious very quickly. They may also be very anxious one minute and then calm the next, or vice versa. So, while the individual with AS may have committed the offense in question, the criminal behavior might have been an act of emotional impulsivity, with no intent to do harm
2) Cynthia Courter is not fearful for her safety. She is concerned about being embarrassed about being pregnant and having replacement babies. She has perpetrated the only violence and has perjured herself in the past. In 2006, she violated an order of protection herself a number of times..
3) Daniel never went to Iowa.
4) Daniel has no history of violence. Cynthia Courter’s father has a gun collection by the way.
5) Dr. Mills knows Daniel better than anybody. He said that Daniel had no intent for bodily harm or threats. He did not intend to threaten. He did not make real contact. His choice was defective. His actions related to having Asperger Syndrome and not being a suitor stalker. He had her current phone number, but did not call it. He has an inability to relate emotionally. Daniel is unable to connect the dots. Daniel cannot form intent.
6) Dr. Gunter lacked crucial medical records and lacked the cooperation of Daniel.
7) The extortion charges should be dropped as the embarrassing episode refers to the woman who defecated in the Auditor’s office.
8) The threat assessment team has never found anybody with autism to be violent. Daniel was not aware Cynthia was on campus. Daniel graduated in 2005 and she should have graduated in 2006, but yet graduated recently.
9) Detective Hartman is no expert in the stalking field. He did everything to find Daniel except to call Daniel’s father to find out where Daniel was.
10) Habitual Offender charge should be thrown out since Daniel’s appeal questioned whether he should be allowed to defend himself. He no longer had to serve so a retrial was pointless. He was supposed to be evaluated.
11) National NAMI has written a letter to the Judge.
12) Daniel testified on his own behalf. He stated that he had no intent for bodily harm or threats. He had no knowledge that the email address was hers. He did not hear anything. He did not know if she was receiving his communications. He had no intention of going to Iowa. Daniel had no intent in getting anything of value. Daniel was upset that he lost money trading options. He gets stressed out. The dirty information was reference to the article in the Iowa Gazette. He was not referring to the abortion in any communication. Asperger’s prevents empathizing.
13) A number of emails were thrown out by the judge.
14)The Autism Society of America has called this the most egregious case in the United States.
One count of extortion by Prosecutors Lyness and Beglin
On August 19, 2012, at approximately 8:58 AM, the Defendant called her place of employment, the Johnson County Auditor’s Office.
“This message is for Cynthia Courter. My name is Fred Thomas. I’ve been sending you emails and would like you to respond back to me. If you Can’t respond back to me I really hope that I don’t have to send your office some really, I don’t know, embarrassing information perhaps. So if you can just write me back and answer my questions that I’ve asked for you I’d really appreciate it. Bye.”
Daniel S. Jason testified that the embarrassing information pertained t to this article:
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