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December 8, 2010 - 7:54am

Police Beat: Teen charged with sexual misconduct for relations with younger teen

posted by Howard B. Owens in batavia, crime, byron, Darien.

Michael Aaron Witkop, 18, of Ross Street, Batavia, is charged with sexual misconduct. Witkop is accused of having sexual intercourse with a girl under 17 years of age, who is considered too young to give consent.

Timothy J. McGall, 22, of Mill Pond Road, Byron, is charged with aggravated DWI and DWI. McGall was arrested Monday following an investigation into an accident on Swamp Road in Bergen at 10:10 p.m., Oct. 31. Based on an investigation by the Monroe County Toxicology Laboratory, McGall was allegedly found to be driving with a BAC of .18 or greater.

Brittany Lynn Frey, 20, and Scott Alexander Lawrence, 19, both of Griswold Road, Darien, are charged with petit larceny. Frey and Lawrence are accused of shoplifting from Kmart on Tuesday.

Doug Yeomans
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There goes that Mr Witkop again! HAHA! That boy gets around! Anyone taking bets this was why he wanted to spring that girl from school the other day?
Jason Crater
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Sounds like her parents don't care much for him. I think 9 times out of 10 an 18 year old getting charged w/ Statutory Rape/Sexual Misconduct etc. is BS. An 18 year old male makes decisions about on the level of a 13 year old female... This sounds like a classic case of parents don't want the daughter seeing the boy, catch them in the act and decide to punish the boy...
Doug Yeomans
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Agreed, Jason, agreed. When it comes to being an 18 year old and hormones and the frontal lobe in the larger head not being physically mature, the smaller head wins every time. It's how nature ensured the survival of the species for eons.
Mike Swiatowy
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You guys are absolute idiots if you dont know the girls age!!!! What if she is 14 or 15??? I cant believe you're even condoning this! I have 3 girls on the edge of their teen years and dread the day this could happen. Some men(he is 18!) really know how to talk GIRLS into doing things they shouldn't. Obviously you two dont have girls yourselves or you wouldn't have these dimented opinions! I see this crap every day in my profession and it makes me sick to my stomach. These men cant get women their own age so they prey on little girls and ruin their lives! You guys should be ashamed of yourselves!!!
Doug Yeomans
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Thank you for calling us idiots and the word is demented, not dimented. Opinions vary on the subject of sexuality, obviously. You're possibly confusing actual abuse with the behaviors of people who are young. That's the problem with putting an age number on such things. Have sex with your GF while you're 16 or 17 and and everything is A-okay. On the following day when you turn 18, go to jail! How can you be sure the girl wasn't a willing 50/50 participant without the necessity of coercion on the "man's" part? A girl can't be the instigator? I don't think either one of us said it's right that they're having sex. I'm pretty sure we were just pointing out the obvious. You have a great day, sir.
Mike Swiatowy
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Obviously she is not 17 because he is charged with having sex with someone under 17!!! And I would and will press charges against anyone I believe should be. Im sure she might have been a "50/50" participant, but the law states that she is unable to make those decisions and this "MAN" should know that. And NO!!! A young girl cannot be the instigator because of the LAW obviously!!! There are no opinions here...just the law. And I could care less if my spelling wasnt correct, you obviously are trying to lash back at an arguement you cant win, so you must bring in petty things to make yourself seem like the better person!!! You ask how I can be sure? How can you be sure? Keep your opinions of this sensitive situation to yourself for the sake of the girls parents. Like they need someone on the boys side right now?? I do not know either parties involved, but I'm sure the parents have every right to pursue this scumbag for going after their daughter!!!
Timothy Walton
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Correct me if I am wrong but she would have to be at least 15 in this case based on what he was charged with: "An adult age 18-20 with a person at least 15 years of age but less than 17 may be charged with a violation of 130.20 Sexual Misconduct. This is a Class A Misdemeanor."
Doug Yeomans
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Mike, your reading comprehension has a lot to be desired. I never said the female was 17. I'm not even going to attempt to reason with a person who is obviously emotionally unreasonable. The law says she can't give consent simply because of her age. I'll stop there and have another cuppa coffee :-) Thanks for clarifying the law, Tim.
Mike Swiatowy
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So it's OK if she is 15??? Please clarify your opinions on this? Obviously, this Man has been warned and even arrested in the past, therefore a predator. And he should be charged as such!!!
Jacob Bell
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Her father already called my house and I said it to him and told him if he calls it again Im calling the cops for harrasment. He called the cops again TODAY for this charge to pile it ontop of the other ones. Now the first time thats one thing. But to pile charges ontop of him? Theres no need for that.
Mike Swiatowy
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You...my sir have some balls talking to a protective parent like that! Like I said...Nothing good will come out of it.
Jacob Bell
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Im not worried
Timothy Walton
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Statement released from Michael Witkop. This does not necessarily reflect my opinion, I am just posting his statement. "My name is Michael Witkop. The girl associated with all these charges is my ex-girlfriend. We started dating when she was 15 and I was 17. We dated for just over seven months and then broke up. Her dad then charged me with sexual misconduct and the court enstated an order of protection. This new charge is the same girl saying "things" happened on another occassion than the first charge"
Mike Swiatowy
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Thanks for clarifying that up for us...You are still in the wrong! Listen to her parents and the law and you wouldn't be in this situation. And Timothy, how are you involved in all this?
Timothy Walton
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Mike- RE: "And Timothy, how are you involved in all this? I have done freelance and sports coverage for the site and Michael knew that and approached me and provided me with a statement in regards to the situation.
Howard B. Owens
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I deleted a comment for name calling.
Thomas Mooney
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Mike , Do you realize that the charges could be erronious . I think you do know the parties involved and maybe you have a biased oppionion . How about the mother and father of the the accused . You can not just attack someone for allegations without knowing some inside details . Please enlighten us on what you know .I had a friends that was accused of such a crime and his name was smeared before he even went to court . By the way ,it ended up being trown out of court due to the fact that the alligations never happened and it was the girl lying to her parents because she was pissed at her Ex. for breaking up with her . This is plausable in this case . Just because they were dating doesn't mean that sexual activity happened . My friend eneded up moving because even to this day people think he is predator based on coverage from the arrest . The story of him being not guilty never was published , so people tend to think he eneded up guilty . I hope a story is published at the end of this to see the outcome .
Thomas Mooney
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The kid is claiming he was 17 at the time and the girl was 15 . This sounds like everyday high school dating . I did it and most of the readers probably did too , does this make me a pedifile . The law is the law , but is the law right ? My worry is more with the real creeps in this town who have been convicted and still roam around eyeing children like they are pieces of meat . We as community shoulod make it harder for convicted sex offenders to live normal lifes . Why do you think we have so many in this town
barb king
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Odd that there absolutely no women who have an opinion on this issue. I have to admit that this discussion is getting me all wound up. I have an incident to report. In the summer of 1983, in the three days before I turned 17, my boyfriend was committing a violation of the "130.20 Sexual Misconduct law". I would like him arrested please. (Bet he thought that bad break -up would never come back to haunt him).
Mike Swiatowy
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Thomas, I do not know anything about this case at all nor any parties involved. I got upset with the way the first two posters were making a joke about it! Having 3 daughters myself, and 2 boys coming of that critical age of 17/18, obviously I have an opinion. I was venting toward these guys lack of respect for the parents that had to make that tuff decision of going after this Man legally. Im sure it was difficult. Also, I think this man was arrested not too long ago for contacting this girl illegally. I do not know the whole story nor claim too. I am done with this conversation! Good luck to this girls parents! I hope all ends well. I too would look forward to hearing the outcome of this case. And Barb...common sense should come into play, but it sounds like this man was warned.
wayne bell
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Mike Jacob is my son and I am scared that some girl agreeds to have a sexual relationship with him and then goes and gets pissed off at him or her father finds out about it. These kids today know what they are doing and not questioning your parenting skills, but do you allow your daughters on-line and text whomevere they want ? If so then you might not have a total picture into the things they maybe talking about. A friend of mines son was accussed of talking to a girl explicitly on-line and her father found the IM's which this boy was talking sexually to the girl. The father came to the home to confront the boy and my friend, The father had his son print out the entire IM and she had said she was 19 and not a virgin. After seeing these he just ask that the boy not contact his daughter and he would take care of her. My telling this story is that sometime the boy does just what the girl might be interested in doing or talking about. It seems from a distance that both parties might have some answering to do, even the girls parent for not knowing where thier daughter was with this boy. I hope for all parties involved the outcome of this does not effect all involved for the rest of thier lives
Melissa Barone
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I see a little bit of everyone's side here. Mike I commend you for being protective of your daughters and not wanting a similar situation like this to happen to them. I recently just had a baby girl and my husband already talks about how she will not date until she is 30. I explained to him that he cannot completely control her and if she wants to do something she will do it behind our backs. I am younger and so I am in that generation where I think I can help people understand things a little more. I have a lot of friends who are girls who are way more into sexually activity then a lot of men I know. Girls nowadays going looking for someone to sleep with. It's sad. It's no longer just the boys. Yes guys still want it too, but girls are becoming equal with males in the pressure department with sexual activity. All we can do is teach our children what are choices with sexual activity can lead us too. Yes this is your normal high school relationship with a 2 year age difference. There is no difference when someone is 18 and the other is 20. I however would not agree with an 18yo and a 13yo dating. Age is just a number and people mature at all different ages. A lot of girls who do try to pursue sexual misconduct and other charges are because their ex hurt them. Not always. I do believe there are a lot of predators out there that we need to focus on more than just a high school relationship. Kids will be kids and they will have sex. I know what the law states, but the law also states jaywalking is illegal and people do it all the time. I know this is a poor example, but what I'm trying to say is there are plenty of stupid laws out there that are broken every day and no one does a things about it. This law is a little biased if you ask me. It is possible for a girl to rape a guy. It's rare, but it happens. All I'm saying is that we need to look further into detail before just assuming. I will say one more thing. I worked with someone who was 26 at the time and went to jail because come to find out he was dating a 14yo. To me that is a little much. There is too big of a difference and by 26 you should know enough to find someone your own age. I do consider people within 2-3years apart relatively in the same age group. Barb had said no female commented so I figured I would to give a younger female perspective. I also have younger brothers in high school and in their first few years of college. I know how boys act and I also know how girls are. All you can do is educate until you're blue in the face and that may never work. People just have to learn things on their own.
carl gutzmer
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Thank you all for sticking up for the minor girls. I have been unable to respond didn't have access until to day.
Lisa Falkowski
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While I don't condone this young man's behavior, this is probably the same high school girl he tried to fraudulently get out of school several days ago. It sounds like her Mom/Dad are angry about this relationship and are getting back by attacking this young man. This (what could very well be a) mutual consenting sexual encounter with 2 teenagers (one not being of age) could ruin this man's life by being listed as a sex offender. All of the facts should be in. The entire situation needs to be reviewed. Tom - I agree and see your point. If this is that type of case, it's been going on for all of history. Unfortunately, because of recent publicity about sex offenders, "young lovers" can now be tried and branded for the rest of their lives. If this is mutual, the young girl should also face a consequence.
Lisa Falkowski
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Mike ... do you remember what's it's like to be 17? Hmm? I realize that from a parent's eyes you are seeing things differently, but girls (not even yours) are not necessarily saints and some (not all) can be very enticing. Let's get grounded about this whole thing. FYI ... on a side note ... Kudos to you for being such a protective parent. Your girls are lucky to have such a supportive parent.
carl gutzmer
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I am the father in this case and would like to set the record straight. I have read all of the latest comments as the ones prior. My daughter was 14 and this boy at the time was 17. I found out about the sex through a custody trial and upon getting this info went right to the Batavia City cops. I used them to deliver a message to both he was going to be turning 18 in a few weeks and though Mom was okay with this I was not, and it was a crime at the age of 18 and to stop or I would pursue this avenue. A month after this I was awarded custody and started to give my daughter a structured enviorment and found out she was still having sex with this now man. I took her to the hospital and had her checked for everything. it was also found out he bought her a ring and said your special and i want to be with you forever. I then pressed charges a protection order was standard. One glitch we didn't get it and he violated it 48 hours after issue. Fast forward to the present. This man calls up to meet her and pretends to be me, gets her out of school to make a last ditch effort to get her to help in his plea bargain process. Mind you this man knows all the emotional problems she has had. I call the school by accident as they didn't know she was missing and find out she's gone. I speant the next 9 hours searching for her and he was contacted by the police and claimed he hadn't seen her. oOh the same police who issued the order but failed to give us one said that there wasn't one and took him at face value because it was 3:30 and shift change. I then went to the sheriffs and was helped and during thier contact with him he again denied his envolvement. I then started to retrace steps and found her. Took all the info to them and he was called again and all he cared about was if his name got in the paper. I had him arrested this later charge came because she had to get the strength to do it. the first charge took almost 4 months toget to its final stages. The law is there for a reason and it is our JOB as parents to teach and protect!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! As for the rest I know the Bells and have for a long time and called to speak with the person who claimed to know the facts ,funny he knew nothing and i nvited him to come and see the facts, he claimed I threatened him while I was on the phone with his mom. He then didn't care and started to use F bombs like candy. He needs to learn what respect is but anyone who condones this is rediculous. He is a predator and clearly took advantage with his charm and smile. His statements are not true just his twisted version and the first set of charges had nothing to do with the present almost 1 year apart. He had no respect for the law and infact tryed to get my daughter to buy a ticket for him to go to florida. I give a heartfealt thanks to Bubba for all that he did and does to help my daughter. His help along with a sheriff who cared to help me find my daughter to bring her home and safe. Merry X-mas
wayne bell
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Carl I will say this , My son may have a mouth and is willing to stick up for a friend. But looking at the situation that your family life is in I don't really feel as though you can be giving advise on parenting. Do not comment on threats that my son did to his mother, I will handle anything in my house and you can keep your issues in your house. Carl Me and my wife have been together for 27 years and have not had anything like the problems you have had and are having in your family. So please do not call or comment about the status of the Bell family and what goes on in my house. You need to concentrate on your house before worring about others. Also respect from someone is earned not given.
Paul Cook
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What do the Bell's have to do with Witkop? Or was that part of the deleted post? Why does ones father feel the need to talk about his daughter' cervix? Bloody clothes? O.J? Who is Bubba, the landscaper? So many unanswered questions....
Jason Crater
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Mike - wonder if you still feel the same way about my earlier comment... The parents involved in this should be embarrassed of the way they have spilled their children's personal lives on the Internet for all to see. I would be horrified if my parents had done this to me.
carl gutzmer
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Wayne, Sorry but I do handle whats going on in my house thats why I was able to do what I did. and sorry your son showed no respect to me or his mother. Which is not a slap just the facts while I was on the phone with her not him. It is much more than a mouth and you should handle him sad I was Defending your wife and you chose to ignore that!
carl gutzmer
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Mr. Cook, Sorry but the issues had to be grafic as the comments were all to the point of kids will be kids. The crimes he committed are severe and its not a laughing matter nor shoulkd jokes be made. It took courage for my daughter to step up and yet most people on this page almost want to condone sorry but I am a hands on parent and have 2 kids in collage one going to the navey and my daughter who wants to go to collage! He is a predator end of story and a protective parent is a great thing in this day and age!
carl gutzmer
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Jason, pretty clear your his bud enough said gee mike wonder how you feel. Please if you could of been charged with RAPE you should have been!
Paul Cook
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If you are going to air your business to the public I encourage proofreading and spell check, your ramblings look deranged. You may be 100% telling the truth but you come off as a bit odd. Remember arguing on the internet is like running in Special Olympics, even if you win you are still retarded.
carl gutzmer
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Mr. Cook, I'll give you this last respone and I'm not in this to win nothing your the person that took a tragedy and poked fun no one wins in this! This kids parents are affected, my daughter as well as my family. The message not the spelling was and is important but you joke and poke fun relly we all meet our maker! Was not trying to get nothing out thier but the truth isn't it funny that only his friends have tryed to paint a picture that just isn't true. The charges are real and worthy so uyou take care.
Kyle Couchman
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Obviously there are some issues here and some personal battles are taking place here. I totally sympathize with Carl here. Actually the few facts that stand out are, this poor girl has a problem going on and at her age, to be switching between custodial parents is rough at best. Another is through Mr. Walton this Mike Witkop supposedly referred to this girl as his Ex-girlfriend. So it begs to question, why if she is you ex, get her out of school, and also it seems he knows what her father Carl's feeling towards the relationship are, so to impersonate him also seems a bit antagonistic. As to people correcting other's posts. Mr. Cook would do well to remember no one is perfect and while I too did notice the mis spellings I still understood him, as did you and the spellings do not alter nor effect the content of his message. And to call special olympic athletes retards is kind of stupid on your part. Speaks to the kind person you are. This is the internet and as long as people can be understood who cares how they spell. Everyone is not a professional writer. Stick to the topic.....not it's spelling.
RICHARD L. HALE
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Right or wrong...good or bad....yes or no. This is why we have laws and officials to enforce them, lawyers to represent the accused and a jury of ones peers to render a verdict, and a judge to preside over the process. Only one comment: Any of you that think there is nothing wrong with something like this, don't have daughters, or if you do, you don't love or respect them.
Jacob Bell
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ALright Carl you wanna take it to that kinda argument lets go. First off nothing gave you the right to call my house, because you wernt "defending" youre daughter, all you did was the same thing youre doing here, dragging Mikes names throught the dirt. What are you doing on here? Dragging his name through the dirt and airing your daughter dirty laundry out to the whole world. You wanna talk about how I was raised? Youre daughter aperently have sex at 14..hmmm. And all those "bad things" I said to my mom were directed at YOU. Lemmie ask you, you ever spend any time with Mike? Sit down and just talk about w.e with him? NOPE! So who are you to pass judgement on him? You dont even know him. Did you know his entire future was the Marines? He was, and is in the DEP (delayed entery program). Which means a couple months after he graduated he was shipping out to boot camp, but since you decided to ruin his life, he may not be able too. All you are is a pissed off dad who has to much time on his hands. You think youre daughter wanted this? Wanted everyone to know her buiness? Yeah, from what I saw in highschool most teenage girls dont like the world knowing their buisness. Great dad on here talking about it. Now these "bloody cloths", hmm, thats her blood right? So whats that prove? His his seamen on it? Bruised cervix? Proves nothing either, how do you know he did it? And this first "sexual contact", I wont go into details because Mike said not to, but theres a REALLY big hole in youre argument there. Youre the one that decided to make this personal by attack my family and calling my house. Youve done nothing this whole time but bad mouth Mike which makes you look really bad. And you notice how against you the people on this thread are? I can only hope the courts are just as smart as the people on here. PS, if you call my house again I will call the police, if not me my dad will. Like I said, you didnt defend your daughter, you bad mouth my friend. HAVE A NICE COURT CASE
Thomas Mooney
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Richard , I realy don't think anyone is alright with what happened as decribed by Carl . The problem is , we has a community know better than to believe any and all alligations coming out of a high School lover quarell. Everything maybe true as to what you are saying or believe . The problem is there is two sides to the story and both sides should listen to each other because the only people that know for sure what went on is the the accused and your Daughter . I highly doubt your daughter is telling you the complete story along with the accused may also be hiding some of the facts . Don't mind my spelling and Grammer , I have been out of school for sometime now and realy only need to get my point across . Spell check would be a nice option if they had it .
Peter O'Brien
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I seriously hope this BOY can still get into the service. Nothing he did based on what I read should ruin his life. He's 18, he'd put it in a porcupine in a rose bush because of hormones.
Howard B. Owens
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I don't care about people's spelling and grammar in comments (I'm the last one who can rightly throw stones in that regard), and it really rubs me the wrong way when people try to correct others. I think it's impolite and not beneficial to the discussion and it discourages people from leaving comments. This isn't formal writing. It isn't a class assignment. The content of a person's post matters 100 times more than spelling, grammar and punctuation. It's a logical fallacy that just because spelling and grammar are wrong the person's ideas or thought process is also wrong. The two concepts are not mutually inclusive. That said, Firefox has a built-in spell check. Also, if your browser supports the Google toolbar, it also has a spell checker for web forms. I at least try to always check my spelling, even if I get everything else wrong. Just saying.
Paul Cook
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Peter: Bubba and bloody clothes mentioned in first post of Carl. All I was trying to state is that if you are airing all your families personal info, try not to come off like a total idiot. Also, don't feed the trolls.
Bryant Tyson
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To late I took a bite. I found a carl gutzmer in the Police blotter March 29, 2001 www.batavia.esmartweb.com/mar01.htm
Peter O'Brien
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Nice find, I'm sure he had no involvement with the emotional issues facing is daughter....
carl gutzmer
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Well since everyone started this including you Mr. Bell or Bell's. I did have him in my home and yes I was in the Blotter as my daughter had me arrested for beating her up! Not a scratch on her playing the system Mom vs Dad. I chose not to keep it going and stopped fighting to be a dad and nottake part in the disfunctional episodes . But with the mouths that have voiced thier opinion and mis represented the facts thats why I responded. Please 98.9 aired today and isn't it interesting that he had 4 previous sexual misconducts! Just kids, Jacob really the fact your dad knows you have a big mouth says it all and the fact you are reasoning this to be okay says it allcan you say disfunctional! My statements were grafic as the point had to be made she was 14 and the lack of respect towards any adult says it clearly. From what I heard on the phone and what the police have said you have your own issues. I'll end with this, I did not post any of the comments until you and some of his friends started to paint the picture he's just a kid, that shows just how smart or lack of smarts you have. He took advantage of a minor and continued to do so think what you want because its clear you would do the same things or have! You used the f bombs to tell your mom to get off really lack of respect but you did it why lie about it! Good luck in your future!!!!!!!! Friends really may be you should think about who you hang around with or do you think alike? I will let this be but PREDATOR IS WHAT HE IS.
carl gutzmer
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PLease only one coming off like an idot is you spelling not the message wow Mr. owens stated it clearly! Lets not talk about the predator talk about the grammar what a Joke Mr. Cook.
Jacob Bell
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Last seen: 7 years 7 months ago
Joined: Apr 29 2009 - 2:36pm
Police? Police? I have no record buddy. And hey there, she lied about you beating her (or did she?), so whats to say she isnt lying about the sex? Seems to me she doesnt have a good track record for the truth buddy. And You have not earn my respect so youre not going to get it. And I was defending my friend and telling people, including you, not to pass judgement on a someone YOU DONT KNOW. And all you did is start air the dirty laundry out ALL over the internet. And what did it get you? Nothing, after reading the stuff youve wrote no ones going to be with you. Like I said, you JUST said she "lied" about you beating her..hmmmm I wonder
Jacob Bell
Jacob Bell's picture
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Last seen: 7 years 7 months ago
Joined: Apr 29 2009 - 2:36pm
And you have NO right to comment on my home life, look at youre buddy. People in glass houses shouldnt throw stones, and youre throwing boulders.
Jason Crater
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Last seen: 1 year 3 months ago
Joined: Aug 25 2009 - 10:01am
On the next episode of Jerry Springer...
Peter O'Brien
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Last seen: 4 years 5 months ago
Joined: Mar 4 2009 - 1:24pm
I still don't see the bloody clothes remark and seeing as the post's time stamp is not in chronological order, I think it was editted out. I saw the Bubba comment but that doesn't explain who he is. Carl how do you think your girl's day at school has been with all this out there for others to read? Good parenting, you would have done better to just handle it in the courts and not say anything online.
Peter O'Brien
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Last seen: 4 years 5 months ago
Joined: Mar 4 2009 - 1:24pm
Oh and in a society that increasingly coddles legal adults and tells them they are children till the age of 26 (see the health care bill) this kid is obviously a boy. Best thread on the Batavian that I have read in a long time....

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