Background on Stanley:
Stan was born Jul 1990, there was difficulty during birth, the umbilical cord was wrapped around his neck and cut of oxygen to the brain. Suffered from “seizures” from age one to age four, sometimes five or six per day. Intellectually disabled from birth.
Age six, he was diagnosed as “Developmentally Delayed” while attending school. Age eight, diagnosis changed to “Autistic” by the Autism Expert employed by the Loudoun County School. He received Special Education services for his entire time in the school system. He received a Standard High School Diploma but, we discovered he did not achieve the state requirements for a regular high school diploma but was given one anyway. (Despite retesting on all five SOL requirements, he never was able to pass three of the SOL tests but because he was close on passing, he received an “honorary” passing of the on these three subject areas.)
(NOTE: Receiving the Standard Diploma and receiving “honorary passing” of the SOLs is significant because the prosecutor used this against him in the court hearings and it caused the “denial” of any future educational benefits until the age of 22. Additionally, we enrolled him in NOVA Community College post HS, and he could not even pass any remedial courses to be able to take courses for actual credit. We lost $1,200. No eligibility for additional education and training)
He has an extremely low IQ (75-81), margin of error +/- 9. His full diagnostic Psychological Evaluation at age 18 (February 2008) indicated autism and multiple other mental/intellectual disabilities. Key phrase for the evaluation: “he was not ready for the adult world.” I think it is safe to assume his mental age was and is not at his chronological age.
(March 26, 2010) Stanley Bryant, was arrested at his residence, marched down the street (past 5 houses), placed in a patrol car, then taken for interrogation, and incarceration. He was charged with one count “Aggravated Sexual Assault with a Minor Under 13yrs old” and one count “Digital Penetration”.
Father was present when he was arrested and told the arresting officer within 30 seconds of his arrest and application of the handcuffs, “Stanley is Autistic, he has a lawyer, and you are not to ask him any questions.”
After being told Stanley was Autistic, the LCSO did not allow nor request any advocate(s) to be present during Miranda Rights Advisement and Interrogation to make sure Stanley understood his rights and fully understood questioning. Required by federal law, Americans with Disabilities Act (ADA).
After he was forced to take the plea, was sentenced, and released from jail, we conducted a careful review of the interrogation tape, it was discovered the investigating officer took Stanley out of view of the camera and thought she was out of range of the audio, where she DIRECTED him to not discuss this case with his parents. She did this after she had discovered he was Autistic. In doing so, she deliberately manipulated him, provided “undue influence”, and interfered with his defense. Stanley never discussed any aspects of this case with his parents even after he had been repeatedly asked to do so. Additionally, her actions were illegal, unethical, and should be grounds for dismissal, acquittal, or pardon for him. I have a copy of the interrogation tape in its entirety as evidence of her actions.
I request you review the interrogation tape. You will clearly see he did not know what he was doing or facing in relation to this criminal case and why the ADA requires accommodations be made to ensure I/DD individual’s rights are upheld.
(January 20, 2011) 20yr old Autistic (I/DD) male forced to take a plea for one count, “Aggravated Sexual Assault of a Minor (under 13yrs old)”. (Counsel stated if he didn’t take it, he would be facing “life +20yrs and the only way he would be released from the state penitentiary was being carried out in a casket”.) Additionally, right before the judge proceeded to take his plea, he stated, “there was a mental health evaluation done, but I haven’t read it.” He even berated him during the hearing for is speech, which is part of his disability. Basically, he took a guilty plea from an Intellectually Disabled individual and had no idea who he was speaking with.
(May 04, 2011) Sentenced to 6yrs in the State Penitentiary, 5 1/2yrs suspended, 5yrs Supervised Probation, 15yrs Unsupervised Probation, and a “lifetime” on the Sex Offender Registry as a “Violent Sexual Predator”. Most importantly, Stanley was banished by the court order from his parents’ home with no “accommodations” or support for his disability as required by federal law, the ADA. Stanley, an Intellectually and Developmentally Disabled individual, was basically cast out into the street to survive.
There was never any violence associated with this crime. It was a mutual/consensual arrangement between the alleged victim and Stanley and was initiated by the alleged victim and she falsified her statements.
The R-300, Psycho Sexual Evaluation, conducted and given to the judge prior to sentencing, indicated Stanley had a “less than 3% chance of reoffending.”
Legal Actions Taken Since Conviction:
When we first reviewed the interrogation tape and realized the alleged victim and family falsified their statements and nobody checked what they were saying, we went back into Loudoun Circuit Court to overturn the conviction and bring Stanley home. Unsuccessful.
Appealed to the Virginia Court of Appeals – Appeal denied, upheld conviction.
It is my belief the Court of Appeals never considered any violations of Federal Law and the requirements levied by the ADA.
Appealed to the Virginia Supreme Court – Denied to hear the case.
It is my belief the VA Supreme Court never considered any violations of Federal Law and the requirements levied by the ADA.
Effects on Stanley & Family:
Since Stanley was released from jail, he has been passed from house to house. He has resided in seven different locations. Most of those locations he has lived in the basement and on at least two occasions slept on the floor where he had insects crawling on him at night while he slept or at least tried to. Additionally, on a separate occasion, he was “ran out of the neighborhood” by the HOA because he was on the RSOL. We feared for his safety. It is very difficult to find him a place to live due to not many people want someone on the RSOL living in their Apartment Complex, house or neighborhood. (Note: After seven years living away from home, Stanley is now allowed to reside with us (March 2018).
Since his release from jail on June 04, 2011, he has had 13 different jobs. Due to the RSOL requirements, his employment is limited to what jobs he can be employed in. A couple of jobs he was fired from due to his disability. One job he was getting a promotion for doing such a good job and the HR Department was reviewing his records and discovered he had a felony conviction and was on the RSOL, then terminated his employment. Most recently, he was denied employment with Amazon due to his conviction and placement on the RSOL.
Most of the job changes were during his “supervised probation” period when he was basically a “ward of the state”. His Loudoun County Probation Officer never lifted a finger to help him get training, employment, or housing.
Due to his inability to provide and sustain himself, he has relied on SNAPs, Social Security Supplemental Income (SSI), and assistance from family members in order to survive on his own. He has only been afforded menial jobs with no chance to improve himself and mostly at the minimum wage.
We have had to take equity out of our house and I have had to take out a loan against my 401K to pay for legal fees and help in his ability to survive. It is the main reason we have not been able to move and bring Stanley into a home. We can’t afford to.
I have spent more than $110,000 on legal fees and $10,000+ so he can survive on the “street”. I am a retired and former enlisted member of the United States Air Force, Law Enforcement was my specialty. I continue to work for the Department of Defense in a “high cost area” and I hope this helps you to understand why it is very difficult for all of us financially.
In addition to his Intellectual and Developmental Disability, he now suffers from depression and anxiety brought on by what has happened to him since this conviction. He still wonders why “all” of this happened to him. Additionally, he has contemplated suicide on several occasions and has seen a psychiatrist for all of these conditions.
My wife, Maria has been devastated by all which has occurred to our son Stanley. She has had to go see a psychiatrist and medical doctors on several occasions because she has been on the verge of a complete nervous breakdown. For me, I spent 20yrs fighting for my country and I will spend the rest of my life fighting to clear this injustice placed on my son.
Thank you very much for your time and consideration for my son’s case and for the rights of the Intellectually and Developmentally Disabled.