Judge "troubled" by Farese comments
Convicted child molester and former youth pastor Lindsey Whiteside is finally behind bars after U.S. District Judge Debra Brown revoked her bond yesterday. A federal grand jury indicted Whiteside for transporting a minor across state lines for sexual purposes in October.
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| Lindsey Whiteside, Tony Farese, Gayle Whiteside Credit: Action News 5 |
Whiteside was a youth pastor at Getwell Church in Desoto County. The victim was a 16 year old girl who came to her for counseling. Whiteside groomed the victim and had sex with her for over six months. State prosecutors presented 64,000 text messages between the pair.
Whiteside pleaded guilty in Desoto County Circuit Court to Sexual Battery of a Minor in October. The victim testified against Whiteside at sentencing. However, Special Circuit Judge Andrew Howorth sentenced the defendant to three years of house arrest on October 13 even though the Mississippi Code expressly prohibits house arrest for sexual crimes. The sentence sparked much outrage across Mississippi.
The Justice Department stepped in and obtained the federal indictment on October 22. Magistrate Jane Virden set Whiteside's bond at $60,000 and denied the Justice Department's request for detention. Prosecutors appealed to Judge Brown, filing a motion for revocation.
The hearing opened in the federal courtroom in Greenville. The families of the accused and victim sat in attendance.
Assistant U.S. Attorney Parker King called Detective Sergeant Miranda Fox of the Desoto County Sheriff's Office to the stand. Sergeant Fox specialized in investigations of sex crimes.
Fox said deputies took the initial report of Whiteside's activities on November 6, 2024. The victim became involved with a church youth group where Whiteside was youth pastor. Whiteside befriended the victim's mother. The victim started attending private counseling sessions with Whiteside.
The victim's birthday is July 16, 2007 (Pay attention as that date will become important later.).
Fox testified the relationship became sexual in May 2024 when the victim was 16. The victim (This article will refer to her as Mary Ann) and Whiteside went on a youth church trip to Tennessee that month. Mary Ann traveled to Tennessee on the church bus but returned in Whiteside's vehicle. Fox said Digital and oral penetration occurred during the trip.
Whiteside took Mary Ann in June to see Mary Ann's sister in Atlanta. Whiteside told Mary Ann's mother it would be "beneficial" to visit her sister. Upon leaving Atlanta, Whiteside took Mary Ann with her directly to a speaking engagement the youth pastor had at a church in Tennessee. They slept in the same hotel room. Fox said penetration took place again. Star lawyer Anthony Farese tried to crack Fox's testimony on cross-examination. Fox admitted Whiteside didn't force the victim to have sex but added "at her age, she is statutorily prevented from giving consent."
Mary Ann turned 17 in July. The relationship continued for at least six months.
Fox said there might be another victim. She said someone reported to the Desoto County Sheriff's Office yesterday that there might be another Whiteside victim. However, Fox admitted upon cross-examination she had not had time to investigate the claim, had not interviewed anyone, nor determined if it was true.
Whiteside lived at her mother's home for most of her life but can no longer live there as a registered sex offender. The U.S. Probation Service approved the home but MDOC ruled it was not compliant since it was within 3,000 feet of a church or school. MDOC gave Whiteside until mid-November to find a compliant residence.
Farese tried to get Fox to agree the federal indictment was retaliatory since the case was not presented to the grand jury until a few days after the Desoto County sentencing. The silver-haired and tongued attorney accused Desoto County District Attorney Matthew Barton of demanding a federal prosecution because he did not think justice had been served. Judge Brown stepped in," This Court's focus is on whether Judge' Vireden's order will stand. The motives for prosecution are fare beyond the scope of the hearing.
The Justice Department claimed in its motion for revocation Whiteside visited a friend's home where children were present several times. The children were ages 1 and 3.
Whiteside attorney Jeff Cooper called her mother, Gayle to the stand. They spent some time discussing the death of Lindsey's father from cancer in 2006. She said the family friend, Ashley Ford, had no family around. Her child had a high fever so they went and stayed with the children at 8 AM until Ford returned that afternoon as she was the children's Godmother. Once Ford arrived, the Whitesides left.
Gayle said her daughter was not a danger to a 1 year old and 3 year old nor any other children. Whiteside's mother disclosed she signed a lease for her daughter for an apartment "out in the sticks" in Panola County. They are awaiting MDOC inspection but expect it to be compliant.
King grilled Gayle Whiteside on cross-examination. Gayle is on FMLA leave from her job at a high school for mental medical issues. The prosecutor asked the mother of Lindsey Whiteside when she found out about her daughter's relationship in 2024? Gayle said Mary Ann's mother Called her and told her about it. She talked to Lindsey about it when she came home.
"Are you a mandatory reporter?" asked King. "Yes," replied Gayle. "Did you report it when she disclosed these things?" continued King. "It had already been reported so I was relieved of any duty," said Gayle.
"Would you say she is a danger to a 16 or 17 years old?" quizzed King. "No," the mother replied.
The hearing moved on to oral arguments.
King argued there was probably cause for the charges in the indictment. A presumption arises that Whiteside is a danger to the community. No conditions can obviate such danger. The presumption was not rebutted. The prosecutor pointed out Whiteside's mother was at home with the defendant when crimes were committed and "frankly is not a good judge of character." However, King was not finished.
"There is no control over who comes over to that house "in Panola. The probation service can not monitor her 24/7," said the Assistant U.S. Attorney. King said there was no way to know who visited nor if she accessed the internet through friend's devices. Gayle Whiteside testified Lindsey's sister would be a roommate.
Farese took his turn at bat before Judge Brown. The attorney said Whiteside obeyed all bond conditions in the state case. Mr. Barton "encourages federal prosecution" at a press conference and "lo and behold, the same officer who investigated the matter, comes a week or so after the state court sentencing and presents this matter of dual prosecution. I've seen several dual prosecutions but never subsequent prosecutions and I call that retaliatory," charged Farese as he ignored the Court's earlier admonition.
Farese called what took place between Whiteside and the minor "a relationship" several times. He repeatedly referred to her as being 17 years old, ignoring her being 16 when the sexual battery began. He pointed out there was no proof of any other victims. "We have rebutted the presumption," said Farese.
Farese's attempts to water down the conviction continued. "Ms. Fox called it a dating relationship. This was certainly not a predatory relationship, I resepectfully disagree. It was not an age-appropriate relationship (They are 9 years apart) posited Farese as he pointed out his father was seven years older than his mother and he knew other marriages with substantial age differences between the spouses.
After discussing what is age-appropriate, Farese defended the apartment lease, claiming it's easier to meet the conditions in the country where there are fewer churches and schools compared to an urban setting.
"There are no other victims. All we have is a relationship. It is common in today's world for a 17 year old to be sexually active when though it's not moral. It's not right but let's call a spade a spade," concluded Tony Farese. This argument would come back to haunt Farese later in the hearing.
Judge Brown recessed for over half an hour as she pondered Lindsey Whiteside's freedom. The decision no doubt weighed mightily on the judge's brow.
During the recess, the victim's mother approached the media (yours truly and two tv stations) and tearfully said "A minor can't consent." Her voice shook as she said her daughter was "scarred" and "going through a lot."
Judge Brown returned to the courtroom.
"There is no dispute, cased on charges, there is a presumption in favor of detaining the defendant. There is certainly probable cause for the presumption to apply. I am troubled by the defense's attempts to downplay it as a relationship. This is an illegal relationship under state law. If it is true, it is a violation of federal law as well," ruled the Court.
"The issue is whether she is a burden or risk of flight," continued the jurist. The mother said she was no danger even to the minor involved. Judge Brown noted such testimony and reiterated she didn't report her daughter's actions to law enforcement as an employee with a statutory duty to do so.
The arguments about retaliatory prosecution are totally irrelevant and play no issue in the role of bond. "Whether or not the minor was 16 or 17 at the time of the activity does not matter. The evidence appears to be substantial since the defendant pleaded guilty to the state court charges," said Judge Brown.
The Court pointed out there is no determination whether the new address will be MDOC-complaint. GPS doesn't prevent her from doing things such as using the internet or having visitors. "I'm puzzled why the lease is already signed," wondered the judge out loud.
Judge Brown observed there was a strong likelihood Whiteside would be convicted after she pleaded guilty to sexual battery of a child in state court.
"Considering all of this, the defendant has not met her burden of rebutting her presumption," decreed Judge Debra Brown as she overturned the Magistrate's decision and remanded her to the Marshals.
Earlier Posts
It's not over. Feds indict Whiteside.
D.A. wants to let the sunshine in.
Was child-rapist's sentence illegal?
Support or not support? We report, you decide.
Snyopsis of Case
From on or about July 1, 2024 through on or about July 31, 2024, in the Northern District of Mississippi and elsewhere, LINDSEY ALDY WHITESIDE, defendant, did knowingly transport in interstate commerce an individual who had not attained the age of 18, being Minor Victim 1, from Tennessee to Mississippi, with the intent that Minor Victim 1 engage in sexual activity with LINDSEY ALOY WHITESIDE, for which sexual activity LINDSEY ALOY WHITESIDE could be charged with a criminal offense, being Sexual Battery under the laws of the State of Mississippi, in violation of Mississippi Code, Section 97-3-95(2). In violation of Title 18, United States Code, Section 2423(a).
The indictment includes two counts of transporting the victim across state lines to engage in sexual activity and one count for transporting a minor for sex. The penalty for all three counts ranges from ten years in prison to life and/or a fine up to $250,000.
U.S. Magistrate Jane Virden set Whiteside's bond at $60,000 on October 28.
18 comments:
"King" = U.S. Attorney Parker King
I imagine that Judge Howorth may have been troubled by the notion of sending a lesbian sex offender to a women's prison.
Good job, KF. That's why we pay you the big bucks. :)
"The hearing moved on to oral arguments."
I bet they are....
"Would you say she is a danger to a 16 or 17 years old?" quizzed King. "No," the mother replied.
SURE JAN!
"The victim started attending private counseling sessions with Whiteside."
What, exactly, qualified Ms. Whiteside to act as a quasi-therapist?
Whiteside abused a position of trust in her position with the church. She violated that trust by her actions. She can’t to any degree mitigate by claiming the girl consented. The victim was underage, but she also was a person seeking counseling, and especially vulnerable. Whiteside was willing to take advantage of her, nevertheless. The idea that the state judge was so cavalier is mind boggling.
Hey Howorth, you are still wrong.
So her own attorney just admitted her guilt in federal court. Good job. Plea incoming by year-end.
I've seen a couple of porn movies, back in the day, with girls dressed like that, pretending to be school girls...usually the skirt is plaid.
This time she gonna get jail time. All she got last time was a tongue lashing.
Literally forbidden ambrosia
Actually, the defendant did exactly that already at her first plea change in state court.
Farese has to work with what he has.
The entire previous Judge's sentence to send her "home" is baffling. Has the previous Judge resigned or recused hiself? Is he related to the family or were there any ties to excuse such a lenient sentence?
How bad can a Mississippi judge be before he gets fired?
She’s dressed like a nun!
Despite the despicable crime, my money would wager it is, indeed, retaliatory. The State didn't like the result -- understandably -- and dialed up the federales to get a penalty, some penalty, and so it is mission accomplished for the prosecution side.
The "State" is of, by, and for the people. And no, they did not like the result. So, it's elected representative DA Barton did his job, as did the DeSoto County Sheriff Tuggle.
Anybody questioning their integrity and efforts needs their melon examined - and claiming anything about this case as being "retaliatory" is slurry manure, which is a primay tool of the Fareses.
State quite literally did not do his job. Hence the drama. He was accepting the deal from his pals at Faresse until media blew up. Why didn’t the state try her?…. With all that evidence. More to come….
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