Jack Schaap Sentenced To 12 Years

Posted: March 20, 2013 in IFB
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Former pastor of First Baptist Church of Hammond, Indiana,Jack Schaap, was sentenced today in federal court to serve 12 years in federal prison. Official Court Sentencing Order)032013 Judgment and Commitment Order

For other details surrounding this case, see our article on the Jack Schaap Sentencing Memorandum

The prosecutor and Schaap’s defense attorney had both initially agreed and stipulated to a 10 year sentence which is the minimum sentence required to be dispensed under federal law. There is no word yet on whether Schaap will attempt to appeal the sentence since the sentence exceeded what he had agreed to plead guilty to. (Convicted persons may not appeal a conviction of guilt that is based upon a plea agreement, but at times, may appeal a sentence if there is an abuse of discretion, or if the defendant plead guilty under the promise of receiving a certain sentence.)

Federal law generally begins with a mean, and then the courts may decide based on aggravating or mitigating circumstances whether or not to “depart” from that mean, or in what federal law deems an “upward” or “downward departure”. The Honorable Rudy Lozano noted several things that likely deemed the sentence worthy of an upward departure (See also United States Sentencing Commission, Sentencing Guidelines §2G1.3):

*Schaap fired an employee for reporting the affair with the teenage girl to Cindy Schaap, Schaap’s wife.

*Schaap had sought advice from a computer technician within the church on getting rid of evidence.

*The egregious nature of the grooming and Schaap’s position as a trusted leader of a religious community.

The Honorable Rudy Lozano also stated, “We are dealing with the treasures that are most important to us – our children.”

Schaap responded in part,

I thought I wanted to be this family’s savior. “Sometimes people try to be heroes … in trying to be a hero, I became a fool. If you love me, please don’t blame this family for my wrongdoings. Blame me”

Judge Lozano also ordered Schaap to serve 5 years of supervised release upon completing his sentence, and noted he must register as a sex offender for life.

Federal inmates are eligible for 54 days off of each year they serve for “good behavior” credit, which amounts to approximately 85% of the time they serve. Jack Schaap was arrested on September 18, 2012, and with the pre-sentencing jail time credit will likely be released @ July 5, 2022 as a tentative release date (according to BOP sentencing calculators, although our personal calculations arrive at a later date. Once Schaap’s abstract is prepared for the Bureau of Prisons there will be an official date listed).

RESPONSE FROM DO RIGHTER GROUPS

And of course, right on cue is Trisha Lacroix taking credit for Schaap’s arrest. Trisha states on her Facebook page:

Many of us worked tirelessly to have him arrested. FBC DID NOT report his abusewe did. My teams of admins and I worked for 8 months with victims of First Baptist Church. And while I handed over the reins of the group to new admins, we continue to work behind the scenes. [1]

(Bold print emphasis added).

Once again, as we stated with PROOF from COURT RECORDS, not hearsay or gossip, but actual court documents, and statements taken under oath by witnesses, that FBC staff are the ones that called the authorities. It was FBC staff that turned in photos of Schaap and even reported to them that he tried to get them to cover it up. All of Schaaps actions and attempted cover ups were reported to the authorities BY FBC STAFF before any do righter even knew all the facts of the case.

Furthermore, when this story first came out, it was actually Jocelyn Zichterman who claimed to have called the FBI, which we now know is not what led to Schaap’s arrest. So even IF it were true that the Do Right Hyles Anderson group beat FBC to the punch, it would have been Jocelyn Zichterman, not Trisha Lacroix, that provoked the arrest. Trisha Lacroix claimed to have distanced herself from Jocelyn Zichterman shortly after the DRHAC group was created, and now Trisha wants to take credit for what Jocelyn Zichterman actually laid claim to!

A very funny commentary indeed, but the fact is they are BOTH full of it. The evidence points to FBC making all of the initial contact. Trisha and many anti-fundamentalists say the FBC members listen to a man twist the Bible and blindly follow him, while Trisha stands on her “Do Righter” pulpit and twists the facts of documented court evidence and her group blindly follows her! (Although to the credit of many members in DRHAC, they left her group after blasphemous cartoons were posted demeaning Jesus Christ, and photos were posted of Trisha in a skimpy bikini on a Facebook page claiming to help sexual abuse victims.)

She ends her “acceptance speech” with the words of a CCM Music group “Word of God Speak”, and only a few comments below discusses how a picture of Willy Wonka “makes me horny” just prior to dedicating a workout (of all the silly things) to a homosexual rights activist, Jeffrey Hoffman, for “all the work he does for gay rights”.

Oh what a tangled web we weave, when at first we put on a mask and feign to bereave.

Come quickly Lord Jesus.

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Comments
  1. Luis B Rogers says:

    Who are these other “nine defendants”

    that were charged ( by complaint, information or indictment), with lead offenses as follows: two defendants (separately) with producing child
    pornography of victims as young as 6 years old in violation of 18 U.S.C. ? 2251(a); one
    defendant with transporting a 14 year-old minor across state lines with intent to engage in
    criminal sexual activity in violation of 18 U.S.C. ? 2423(a); one defendant with engaging in
    aggravated sexual abuse of a minor under age 12 in violation of 18 U.S.C. ? 2241(c); one
    defendant with engaging in the sex trafficking of adult females in violation of 18 U.S.C. ? 2422;
    two defendants (separately) with receiving and/or possessing child pornography featuring minors
    under the age of 12 in violation of 18 U.S.C. ? 2252(a)(2) and/or (a)(4); and two defendants
    (together) with the purchase/sale of an infant/toddler child knowing that the child would be
    caused to assist another person to engage in sexually explicit conduct for the purpose of
    producing child pornography in violation of 18 U.S.C. ? 2251A(a) and (b).

    • drjamesa says:

      There were not 9 other defendants (related to Schaap’s case). The point that the prosecutor was making was that due to Schaap’s cooperation, it freed up the government to pursue other criminal cases. The statement was made to answer potential questions about why the prosecutor did not seek a more aggressive sentence. This type of reason is just common language and standard procedure from attorneys, which much of the public doesn’t really understand so there’s a temptation to read something else into.

      The list of other defendants were the examples that the prosecutor gave to the court of the other cases that they were able to pursue as a result of not having to prepare for a trial in Schaap’s case. In a court room, an attorney can not simply say that they did such and such, they need to site evidence or references to what they claim so this is why the other cases were listed. None of those other cases had anything to do with the Schaap case or anyone at First Baptist Church.

      Hope that helps.

      • Luke says:

        Thanks for clearing that up. I too had also wondered whether the nine other defendants were related to the Schaap case.

  2. Mr. Green says:

    Hey the sentencing order link is not working.

  3. Watchman says:

    The plea deal Schaap signed expressly waived the right to appeal if the sentence handed down was longer than the ten years the prosecution agreed to ask the judge to issue.

    • drjamesa says:

      You could be right, I’ll have to re-read it, if I can find it again, but the language that the prosecutor used could affect Schaap’s understanding of the plea in that she stated, “Conclusion
      The plea agreement signed by the government and Defendant in this case calls for the parties to recommend to the Court that Defendant be ordered to serve a sentence of ten years’ incarceration. Even though he may have signed something that gave the appearance of waiving a right to appeal if the sentence exceeded 10 years, he can still file certain post-conviction remedies (such as Petition for Writ of Habeas Corpus under 22 USC § 2255) arguing that he was mislead. I’ve seen it happen one too many times in many cases that we have worked on.

      EDIT: Found it. Be back in a few

      OK, I re-read the plea agreement, and § 7 (e) [page 5-6] do give the appearance that he waived any such right to appeal. However, there is something in this paragraph that is blatantly unconstitutional (certain rights that can NOT be waived) but for the time being I am going to refrain from comment on the specifics.

  4. drjamesa says:

    The “concerned citizen” comment the judge made at Schaap’s hearing where he mentioned that the FBI was contacted by a concerned citizen, it being touted as possible evidence that FBC did not call the police. The “concerned citizen” was a member of FBC staff that did not want to be identified for fear of losing his job or any other crazy action that Schaap might have taken.
    Again the pros and the defense record made it clear that it was FBC that initiated the investigation.

    • Luke says:

      Yes and credit to the First Baptist Church of Hammond Board of Deacons for acting decisively and reasonably expeditiously to bring his crimes to the Sheriff’s Office.

  5. Luke says:

    Thanks for uploading the judgement by Judge Judy Loano. I was wondering if there is a written judgement that would detail her reasons or rationale for the sentence. I’ve read your blog post and newspaper reports that do explicate those reasons. However I would also like to read either the judge’s written views, or a transcript of her verbal views expressed at court. Is this sort of information recorded in lower courts, or is only reserved for higher courts where the judges will prepare lengthy judgements outlining their reasoning and conclusions on matters of law?

    Luke
    New Zealand

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