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Photo: Bob Shell
Posted on May 16, 2012 by Bob Shell
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……….Nothing new to report on my case. But I really don’t expect to get a ruling from the court until around the middle of the year. Courts move at their own speed, and the general rule seems to be the longer the better, because that means they are actually considering everything. My case generated a massive amount of paperwork, and the court must go through all of it to consider my claims.
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I got a letter the other day from one of the models who worked with me on the bondage book back in 2003-04. She said she got to wondering about what had happened to me and did a Google search and found out where I am. Like every model I ever worked with, she knows that I am not guilty. I told her about TWS and suggested that she post here about what it was like to work with me, so maybe she will.
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One lawyer I know made the point that the cops and prosecution had from June 2003 until my trial in August of 2007 to search for any model I worked with who would say anything negative about me. They couldn’t find anyone. If I really had been the serial molestor they portrayed me as being, they ought to have been able to find at least one of my earlier victims, but they found no one. That should have meant something to the jury. I don’t think they really thought things through and simply voted with a knee-jerk reaction.
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I also don’t think the jury understood how sentencing works. Not one of the sentences they gave me was very long, and I believe they assumed that all of them would run concurrently. Indeed, running sentences concurrently is the norm. But in Virginia the judge makes that decision, not the jury, and the jury can’t even be told that they have the option to recommend concurrent sentences. My judge ignored the VA sentencing guidelines and ran my sentences consecutively. The guidelines called for 1 1/2 to 3 years. But the Virginia guidelines are merely recommendations, they carry no force, and judges routinely ignore them. I don’t know why they even bother to have guidelines.
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If the jury in a state of Virginia case asks the judge if sentences will be run concurrently or consecutively, the judge will tell them that it is none of their concern! The jury is not allowed to know!! But the law requires that jurors be fully informed prior to their deliberations. None of this makes any sense, since a jury can intend a light sentence and a judge can arbitrarily convert it into a very long sentence. The more research I do on this, the less sense it makes.
About The Author: Bob Shell is a professional photographer, author and former editor in chief of Shutterbug Magazine. He is currently serving a 35 year sentence at Pocahontas State Correctional Center, Pocahontas, Virginia for involuntary manslaughter for the death of one of his models, Marion Franklin. He is currently working on his appeal.
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Editor’s Note: To read more letters from prison by Bob Shell, go to the search bar at the top of the page: enter name and click the green icon. To learn more about the case log on to www.BobShellTruth.com.
