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'Cannibal Cop' stays out of jail as court finds fantasising about eating people is "not a crime"

Ex-NYPD officer Gilberto Valle had hundreds of online chats about murdering, cooking and eating dozens of women – including his own wife.

Police Officer Cannibalism Former New York police officer Gilberto Valle, leaves court with his mother, after his kidnapping conspiracy conviction is overturned. Associated Press Associated Press

A FORMER NYPD officer committed no crime when he fantasised online about committing horrific acts of sexual violence against his wife and others, a court in Manhattan ruled today.

His alleged crimes went as far as bizarre conversations about kidnapping and eating women, conducted largely through the DarkFetishNet website.

In 2013, Gilberto Valle, 31, was found guilty of conspiracy to kidnap, and could have spent the rest of his life in prison, but that conviction was later overturned on appeal.

And today, the 2nd US Circuit Court of Appeals in Manhattan upheld that decision in a 2-to-1 ruling which rejected the arguments of prosecutors on behalf of the state.

The case had earned Valle the tabloid nickname “Cannibal Cop.”

In his decision for the majority, Judge Barrington D Parker wrote:

We are loathe to give the government the power to punish us for our thoughts and not our actions.
That includes the power to criminalise an individual’s expression of sexual fantasies, no matter how perverse or disturbing.
Fantasizing about committing a crime, even a crime of violence against a real person whom you know, is not a crime.

The decision acknowledged that fantasies of violence against women “contribute to a culture of exploitation, a massive social harm that demeans women,” but the court added that “not every harm is meant to be addressed with the federal criminal law.”

vallemajority1 US Court of Appeals 2nd Circuit US Court of Appeals 2nd Circuit

The 2nd Circuit also reversed Valle’s conviction on a misdemeanour charge of using a restricted law enforcement database to secretly look up personal information about women he knew.

The ruling upheld U.S. District Judge Paul Gardephe’s decision to reverse the jury verdict after finding no genuine agreement to kidnap.

The appeals court noted Valle provided online “a veritable avalanche of false, fictitious, and fantastical information concerning himself and the steps he had allegedly taken to facilitate a kidnapping.”

He was arrested after his own wife examined his internet browser and search engine history, and discovered online chats that Valle was having, about kidnapping, torturing, sexually assaulting, murdering, cooking and eating dozens of women – including her.

She later testified against him in court.

valledissent An excerpt from Judge Chester Straub's dissenting opinion today. US Court of Appeals 2nd Circuit US Court of Appeals 2nd Circuit

Disagreeing with today’s ruling, Judge Chester Straub said his colleagues had enshrined “all the conduct in this case in an academic protective halo.”

He said he would reinstate the kidnapping conspiracy conviction and leave the misdemeanour conviction intact.

This is not a case about governmental intrusion on one’s personal inclinations and fantasies, nor is it a case about governmental punishment of one’s thoughts.
It is, instead, a jury’s determination of guilt for a conspiracy based on definitive conduct.

He said the judges had presented “eloquent prose on the importance of protecting thoughts from criminal punishment,” but said the words were irrelevant “because the jury did not convict Valle for fantasizing.”

Police Officer Cannibalism Former New York police officer Gilberto Valle, leaves court with his mother, after his kidnapping conspiracy conviction is overturned. Associated Press Associated Press

At sentencing last year, Valle, who served 20 months in jail while awaiting trial, apologised to women he wrote about in fetish chat rooms.

I just hope they know they were never in danger. I would never do the things I talked about on the Internet — never.

Prosecutors declined comment.

In a statement, Valle’s lawyers said the decision confirms that fantasies, even repugnant ones, are not crimes.

This ruling is a very important victory not just for Mr. Valle, who has now been cleared of all criminal charges, but for an open society that treasures freedom of thought and expression.

Warning: Today’s court rulings contain excerpts of evidence from Valle’s initial trial, which some readers may find extremely disturbing.

However, you can read Judge Barrington D Parker’s majority opinion here, and Judge Chester Straub’s dissenting opinion here.

Contains reporting by the Associated Press.

Read: ‘Cannibal cop’ accused of plotting to torture victims weeps at end of trial>

Read: NYPD officer arrested over plot to kidnap and eat women>

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37 Comments
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    Mute Brian Shea
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    Jun 14th 2021, 6:37 PM

    I find that there is problems after problems with this minister who won’t make decisions….

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    Mute Da Dell
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    Jun 14th 2021, 6:48 PM

    @Brian Shea: Some spindo lunes have even suggested her as a possible leader of FF, due to her allegedly great work as minister of education lol,

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    Mute Da Dell
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    Jun 14th 2021, 6:52 PM

    @Da Dell: Ah sure it was written by the master of propaganda himself, Coleman .. you couldn’t make this up ..

    “Top of the class – Foley is now ‘in the mix’ as future FF leader”

    https://www.independent.ie/opinion/comment/top-of-the-class-foley-is-now-in-the-mix-as-future-ff-leader-40114308.html

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    Mute Martin Coughlan
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    Jun 14th 2021, 8:07 PM

    @Brian Shea: are problems

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    Mute Billy McNamara
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    Jun 14th 2021, 9:01 PM

    @Da Dell: Shane Coleman and Ciara Kelly! What a pair! Jesus wept with their daily tripe.

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    Mute Barrycelona
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    Jun 15th 2021, 9:02 PM

    @Brian Shea: In one school I know of the teachers asked either very easy questions or gave the student the questions in advance. Norma cannot be held responsible for such irresponsible behaviour. We have had problems with the Education system for years, esp Irish and Ms Piggy was obviously asleep on the job with Uni’s. If anyone is to blame it is the teachers unions. They are dogged, refuse to reform and are only out for their self interest. Ask yourself – How many really good teachers can you remember from your schooldays – one hand – right. And the really bad ones are still teaching. Remember the govt agreed with them to open schools, gave them E364m to do so and then they kept throwing spanners in the works. I am no FF fan but I do think she is genuinely trying. A work in progress

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    Mute The Red Devil
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    Jun 14th 2021, 6:48 PM

    Ahh the Foley Fuster cluck continues year 2 now and still no set plan or structure and problems all the way

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    Mute Jack Cass
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    Jun 14th 2021, 7:06 PM

    Can’t she do anything right?

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    Mute Dec
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    Jun 14th 2021, 7:37 PM

    @Jack Cass: I’d be very quick to agree with you re the minister but a lot of this comes down to teachers not administering the exams as instructed and schools not recording the exams properly. These schools and teachers have left the entire education sector down in my opinion.

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    Mute Graham Manning
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    Jun 14th 2021, 7:50 PM

    @Dec: complete and utter tripe but ok.

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    Mute sean o'dhubhghaill
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    Jun 14th 2021, 8:30 PM

    @Jack Cass: This isn’t her fault. It appears teachers who were oral examiners in many cases failed to follow instructions.

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    Mute Da Dell
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    Jun 14th 2021, 8:34 PM

    @Dec: There are some issues that I would have with teachers myself, but not as much as I have with this Minister and the Dept. of Education, they had all last summer to plan properly and plenty of other opportunities when schools were off but no, it was and has been a farce.

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    Mute sean o'dhubhghaill
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    Jun 14th 2021, 9:03 PM

    @Da Dell: Not the Dept of Ed’s fault. This year. everything is in the hands of the SEC.

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    Mute Ger McDonnell
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    Jun 15th 2021, 12:47 AM

    @Dec: Teachers are trained to do their jobs, which is to be teachers, not examiners.
    Oral Examiners have training every year, plus years of experience .
    This year, Foley did it on the cheap by not recruiting examiners, and by foisting it on class teachers instead.
    This was always going to backfire. Please stop blaming teachers for exam disasters which are not of their making.

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    Mute Da Dell
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    Jun 15th 2021, 1:35 AM

    @sean o’dhubhghaill: Who signed off on no external examiner this year ? Was it the Teachers, the SEC, the Dept. of Education or the experienced Councillor Foley ? When was that decided, was it not part of the great plan ?

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    Mute mr magoo
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    Jun 14th 2021, 9:40 PM

    Blaming teachers again. Easy bloody targets.

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    Mute Conor Kirwan
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    Jun 15th 2021, 1:52 AM

    Could the examiners not have conducted the orals virtually?

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    Mute lisa duignan
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    Jun 15th 2021, 3:03 AM

    How can the teachers not have conducted the exams correctly? They are paid to do their job and just needed to follow the instructions. The fact that this problem is so widespread and so many students affected is shocking.

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    Mute Erik Cartman
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    Jun 15th 2021, 7:55 AM

    Wanna have hot-lovin’ conversations? You’re on the right way!
    —> mub.me/xiex

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