By Tori Richards
August 22, 2007
LOS ANGELES, Calif. (Crime Library) — A legal loophole forced prosecutors to seek the dismissal of charges against self-professed pedophile Jack McClellan Tuesday and the notorious internet guru walked out of jail, a free man.
In a special court hearing requested by prosecutors, Assistant Los Angeles City Attorney Bernie Brown asked a judge to dismiss a charge of violating a restraining order requiring McClellan to say 10 yards away from minor children within California. A different judge who had imposed the order didn't give McClellan 22 days to contest it before it became final, which is required by law.
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| Jack McClellan |
Some legal scholars had questioned the legality of the order in that it covers too broad of an area.
"We're not taking a position on the scope of the order, this has to do with failing to comply with the requirements for issuing a three-year order," said Nick Velasquez, spokesman for the city attorney's office. The original judge, Melvin Sandvig, could legally issue a 21-day order, but handing down something that lasts three years requires a second hearing where McClellan can voice his opposition.
McClellan was arrested Aug. 13 while he was conducting an interview in the parking lot of UCLA. Hours earlier, he had been found sitting in the waiting area of the campus day care center, which catered to toddlers under 3 years old. He was issued a ticket and ordered to appear in court. But when he surfaced again, officers took him into custody for trespassing. He has been in jail ever since. It was while reviewing the case for trial that prosecutors found that the order was not valid.
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| UCLA Child Care Logo |
McClellan gained national attention in March for posting a pedophile how-to guide on the internet, complete with photos of unwitting young girls at various outdoor functions like fairs and parades. A public outcry forced the web site server to shut it down. McClellan moved out of his parents' home in Seattle and drove to Los Angeles, where he again posted the site for a brief time. He began a crusade to defend himself, appearing on national and local television news programs and talk radio shows. He has admitted being a pedophile and that he finds young girls sexually arousing.
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| McClellan Website |
McClellan has never been arrested for a sex crime, but does have a record of drug abuse, according to prosecutors.
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