Former Public Defender Gets Year Probation and $2,000 Fine
Friday afternoon I did something I never thought I’d be doing, I sat in a federal courtroom watching a friend stand before a judge and receive a sentence as a felon. You recall the case from May when two public defenders and one prosecutor suddenly resigned. C, a public defender working under E.A., married E’s non-citizen boyfriend P.A. so he could remain in the U.S. as his student visa was about to expire. C’s boyfriend T was a witness to the Las Vegas wedding.
The family and friends that packed the 14th floor courtroom at the Eagleton federal courthouse in downtown St. Louis were relieved when Judge Perry sentenced E.A. to probation. Sentencing guidelines gave her the choice to sentence him between zero and six months in prison. The judge was lenient, calling it “a sad case.”
Sad indeed. E.A. loved his job as a public defender. He could have made far more money as a private attorney but he enjoyed giving a voice to those unable to afford legal representation. E’s law license is suspended and may well be revoked. As a convicted felon, he will no longer be able to vote. The saddest of all is the fact that two people whom I know love each other are now thousands of miles apart.
Following the sentencing I was able to meet E’s parents and his large family. They and other friends gathered at his home for a celebration. While I had met P’s mom before while she was visiting from Peru, I had never met E’s family.  Pretty typical family and everyone realized that although this was a happy moment it was still sad — P was part of their family too.
A straight person can sponsor a foreign person but indicating they are to be married in future as a way for the new person to get citizenship but a gay couple very much in love with each other are afforded no such equal protections. Legislation before congress hopes to level the playing field so that others are not forced into bad situations in the hopes of remaining together.
UPDATE: 3/5/2010 – Names reduced to initials.
While not offering an opinion on gay marriage I’m a little saddened that between 2 lawyers and 2 adults some one did not have the moral fiber to say this is illegal and now the consequences have to be suffered.
Since ignorance of the law can’t be argued, I’m truly conflicted. It’s not “fair” since gays don’t have the same rights as straights, and taking a hard line on imigration is much easier on a macro level than on a micro level, but if you break the law, you need to be prepared to pay the consequences. We spend a lot of time on this site decrying how laws are and are not applied to address urban issues – we need to be consistent in demanding that our elected officials enforce ALL laws equitably and fairly, and that includes being willing to “face the music” when civil disobedience is involved (before “bad” laws are repealed or changed).
We are celebrating the 40th anniversary of Loving v. Virginia that ruled it unconstiutional to prohibit interracial marriage. I hope that we do not have to wait another 40 years before it is unconstitutional to prohibit same sex marriage. There is currently a law before Congress that would allow same sex binational couples to sponsor the foreign born partner for immigration purposes without requiring marriage or legal partnerships. That would certainly help. However, while this is certainly an immigration issue it is also an issue about my rights as a U.S. citizen. This is one of the 1,138 rights that I am not afforded as a U.S. citizen that my heterosexual counterparts enjoy. This is immoral and unethical.
I made the decision to proceed with eyes wide open in this case. I knew the law. I knew the potential consequences. Morally I do not feel obligated to follow an immoral law, i.e. civil disobedience. From the first time I was questioned about the case I accepted responsibility. I know that I must accept the consequences and I have. While I believe that I don’t have to follow an immoral law I must be prepared to accept the conseqences of breaking the law. I am.
I am very grateful and deeply humbled by the support I received from so many.
But all of this talk of collateral political consequences is truly secondary to the main impact. I cannot grow old with the persron I love while remaining in the U.S. I love Pedro. I miss Pedro.
If it’s in the government’s best interest to have american families having children to sustain the United States then it would be wise to make laws to protect that. Financial gain was part of the scheme. The law breaking short-cut was the cheaper way to go. If love is what’s a stake here, is there anything stopping Eric from moving to Peru? I guess though, as a convicted felon, he’s not supposed to leave the country, right? Which seems odd because having a felon leave the country would mean one less case the probabion officer would have to work.
‘As a convicted felon, he will no longer be able to vote. ‘
Not sure that’s accurate. Wouldn’t he be able to vote in Missouri after he has completed probation and parole?
Dude,
How would allowing same sex couples equal rights discourage straight folks from marrying and having children. I suspect the same number of straight folks would still marry and still have children. Canada, that allows same sex marriage, has not experienced a decline in marriage or poplulation growth. And if we are protecting the ability to have children then it follows that straight couples who cannot bear children should be discouraged from marrying. That doesn’t make sense either.
There was no financial gain whatsoever. In addition to remaining with Pedro I did hope to gain continued contact with my family and friends. I did hope to maintain my career of public service and service to the U.S. constitution.
As far as moving, I could certainly have moved and that is a good point. But at what cost? I could have moved to one of the many countries that allow gay marriage. I could have moved to Peru though that country has no protection for gay individuals. My point is why should I have to. I am an American citizen. Why shouldn’t I have the same rights as my fellow citizens?
People make me insane!! My husband and I put off getting married for years because it made no sense to us that we could go down to city hall, pay our $40, and have our relationship sanctioned by a government that refused to recognize the committed relationships of our best friends. Eric, for what it’s worth, you, Pedo and Collette, have my utmost sympathy and support.
A sad case indeed, and completely ridiculous laws. This is 2007 and not 1607. The religious beliefs of some (whether or not they be the majority) should not be forced upon everyone. A certain segment of American society, it seems, would turn this country into a Christian Taliban if they could.
Eric, I am glad that you will not be spending any time in jail for this. Never-the-less, you and Pedro have my sympathy and support. This straight, practicing Catholic will continue supporting gay rights.
Eric, just out of curiosity, how did Pedro and the new “wife” get caught? Was it when they went into the interview for citizenship? My understanding is these can get pretty personal.
Tim,
Someone found out about the situation and reported it to the Post-Dispatch who then contacted the INS to determine the validity of it. Otherwise, I suspect it would have not been discovered.
The article I read said that the Department of Homeland Security investigated this case. I can’t believe the age in which we live. The DHS position is that two people trying to stay together are a bigger threat than terrorists? Allowing an documented Peruvian to stay in our country is somehow more dangerous, according to DHS, than the millions of undocumented immigrants? This is where our tax dollars are going?
Eric Seymour Affholter had his law license suspended for 2 yrs. Found guilty of a federal felony. conspiracy to commit marriage fraud
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