Along comes the media report, "DNA Was the Key in Lone Tree Rape Arrest," The Denver Post, 15 July 2008. The article says the police chief reported the rapist "rode the light rail from Denver to the south metro community and spent the day in the library before picking a victim and following her out...."
I called the library and found out only the children's computers are filtered.
I call upon the police and the media to investigate further:
- Police: Obtain all library computer records regarding the Internet web sites viewed on the day of the rape. Gather any security camera evidence, if any, or any other evidence that is relevant to showing whether or not the rapist was viewing pornographic web sites that day. See if it is possible to directly tie in the rapist to computer porn, or generally, if the records are not complete enough to establish a direct link. I called the police and left a similar message.
- Media: Obtain all legal instruments used to create the library to determine what scope it has regarding library content. Compare that law with the library's policy in force to see if the policy is in compliance with the law or if it is acting outside the law (ultra vires). If the library is acting outside the law, determine what efforts, if any, have been made by the government to ensure the library is acting within the bounds of the library's legal creation instrument. If none, find out why. I called the Denver Post and left a similar message.
If the police can tie in the rapist to the use of unfiltered computers for viewing pornography, and if the media can establish the likelihood that the library has and is acting outside the law, then the library may be partly responsible for the rape, and such incidents will likely continue. If the library is acting outside the law, and if it is doing so as a result of adherence to ALA policies or the like, then how is the ALA not also partly responsible for the rape of the girl? If it is true as I contend that the ALA is aware its policies result in increased criminal activity in public libraries, how are punitive damages not appropriate?
I urge the victim's family to consider contacting me for further information in this regard.
UPDATE 4 SEPTEMBER 2010:"Man Gets 336 Years in Prison for Lone Tree Rape," by Howard Pankratz, The Denver Post, 3 September 2010.
DNA Was the Key in Lone Tree Rape Arrest
Article Last Updated: 07/15/2008 12:28:39 AM MDT
Scott J. Sylvia was arrested Monday after a DNA test linked him to the rape of a 16-year-old girl in a library parking lot.
Investigators say Sylvia, 25, followed the girl to her car, forced her in at knife-point and assaulted her July 7.
The Colorado Bureau of Investigation expedited a DNA investigation.
Sylvia has a criminal record for violent assaults, robbery and drug-related crimes, said Lone Tree Police Chief Stephen Hasler.
Sylvia has never been charged with sexual assault, but Hasler said investigators across the metro region are checking whether he might be connected to any unsolved rapes.
Sylvia rode the light rail from Denver to the south metro community and spent the day in the library before picking a victim and following her out, Hasler said.
Sylvia took the girl's driver's license so she would know that he knew where she lived, Hasler said.
"He picked the wrong girl," the chief said. "She's a very strong young woman who has a great recall. She's going to be a fantastic witness."