The trial of Cory Mashburn and Ryan Cornelison

By Michelle Malkin  •  August 14, 2007 01:39 PM

A few weeks ago, Mark Steyn wrote about the insane case of two boys in Oregon charged with multiple counts of felony sexual abuse, banned from school and forbidden any contact with their friends after being accused of swatting the behinds of fellow classmates.

Well, there’s an update. Via Orbusmax, the harassment charges have been upheld:

Two 13-year-old boys charged with sex harassment will stand trial, a judge ruled Monday.

The boys are accused of swatting the bottoms and poking or grabbing the breasts of classmates at Patton Middle School in McMinnville.

Their defenders have made an issue of the decision to prosecute Cory Mashburn and Ryan Cornelison, arguing that the matter didn’t rise to the level of a criminal offense and should have been handled by school officials.

Last week, Presiding Judge John Collins dismissed misdemeanor sex abuse charges, which means the two no longer face the prospect of lifetime registration as sex offenders.

Defense lawyers hoped to have all the charges dismissed Monday and said the adverse decision was a blow.

“It’s very frustrating, very intense to me” said Tracie Mashburn, mother of Cory. “It’s not over. It’s not done yet. There’s still a hope and a chance.”

And now, there are charges of prosecutors withholding evidence:

The defense in a contentious battle over sexual harassment charges against middle school students has accused prosecutors of withholding evidence.

A motion says that until its existence was disclosed last week, the district attorney’s office failed to give the defense a February police report in which a female Patton Middle School student disputes an officer’s account of the behavior of two boys.

The two are are accused of swatting the bottoms and poking or grabbing the breasts of classmates, as well as engaging in “party boy” dancing inspired by the movie “Jackass.”

Prosecutors have a legal obligation to produce evidence that might help the accused. The boys’ lawyers argue that failure to do is cause for throwing out the charges.

Judge John Collins was to continue hearing arguments Tuesday after denying the motion of defense lawyers to dismiss the remaining charges against Cory Mashburn and Ryan Cornelison, both 13.

A trial, if held, would begin Monday.

The Oregonian obtained a copy of the police report:

Although the contents weren’t discussed at Monday’s hearing, The Oregonian was able to review a copy. In the Feb. 28 report, a female Patton student and her mother dispute Roache’s account of an interview with the girl a week earlier concerning “party-boy” dancing.

In his initial police report Feb. 22, Roache said the girl told him that Mashburn and Cornelison writhed up against her in a sexually suggestive form of dance. Roache described the moves as “party-boy dancing” from the movie “Jackass.”

But in the Feb. 28 report, taken by a different McMinnville police officer, the girl said there was never any touching involved and that she did not believe Mashburn or Cornelison should be charged with a crime.

Two other female students also disputed Roache’s police report during a hearing in February. The girls testified that they felt pressured under questioning from Tillery and Roache to say things that weren’t true.

You can watch a video interview of the boys here and judge them for yourselves. The Oregonian has also helpfully posted court docs and police report pdfs.

Looks like a clear-cut case of PC run amok to me.

Posted in: Education

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Comments


  1. #116388
    On August 14th, 2007 at 1:48 pm, davidleerothmann said:

    Too bad for these kids that they aren’t illegal alien rapists. Kinda shows us where our system’s head is at, right?

  2. #116390
    On August 14th, 2007 at 1:49 pm, swj719AWG said:

    A motion says that until its existence was disclosed last week, the district attorney’s office failed to give the defense a February police report in which a female Patton Middle School student disputes an officer’s account of the behavior of two boys.

    Boy…

    Nifong sure found a new job in a hurry, didn’t he…

  3. #116393
    On August 14th, 2007 at 1:53 pm, ajmontana said:

    Two other female students also disputed Roache’s police report during a hearing in February. The girls testified that they felt pressured under questioning from Tillery and Roache to say things that weren’t true.

    Sometimes people in authority,Lawyers and Congress just make me want to Barf.

  4. #116395
    On August 14th, 2007 at 1:54 pm, dldeskins said:

    “Looks like a clear-cut case of PC run amok to me.”
    No… this is clearly insanity.

  5. #116396
    On August 14th, 2007 at 1:55 pm, Kendrick said:

    The PC avalanche is still falling down on us. Better not bump into someone in the hall anymore. It can be turned into a “Hate crime”.

  6. #116397
    On August 14th, 2007 at 1:56 pm, swj719AWG said:

    Looks like a clear-cut case of PC run amok to me.

    Oh now… You know what they say… Morons will be morons…

    /sarcasm

  7. #116398
    On August 14th, 2007 at 1:58 pm, HarryStar said:

    OK, call me old fashioned but isn’t/wasn’t JackAss rated “R”?

    I’m amazed at how some parents let their kids watch the crap that they do. Yes, there are exceptions that “might” be shown to 13 yr old kids.

    Sorry, I’m just in awe listening to some of the kids (less than 13) that have all said, “Oh, I’ve seen that movie too” while it’s rated R)

  8. #116401
    On August 14th, 2007 at 1:59 pm, swj719AWG said:

    OK, call me old fashioned but isn’t/wasn’t JackAss rated “R”?

    The MTV show wasn’t rated R…

    It was a 30 minute show before they made it into a movie…

  9. #116402
    On August 14th, 2007 at 2:02 pm, swj719AWG said:

    And yes, I’m slightly ashamed I know that.

    Though Johnny Knoxville was good in the remake of “Walking Tall”…

  10. #116403
    On August 14th, 2007 at 2:02 pm, jrlingreenbay said:

    I don’t know about all of you – but, if I had done something like this when I was 13 – and caused a stir – the courts wouldn’t have had anything to do with it – My Father would have straightened things out with me REAL quick and that would have been the end of it. And the complaint would have been brought TO MY PARENTS – not the court.

    Is the government stepping in because the parents won’t – or are parents not stepping in because the government does?

    Which theory do you subscribe to?

  11. #116404
    On August 14th, 2007 at 2:04 pm, HarryStar said:

    On August 14th, 2007 at 1:59 pm, swj719AWG said:

    The MTV show wasn’t rated R…

    touche`!! Yes, I had forgotten all about it. Thanks.

    SHOULDN’T MTV be rated R?? (OK, that was a bit sarcastic). (just a bit actually seeing some of the stuff on MTV nowadays. Where’s the “Money for Nothing videos??”

  12. #116405
    On August 14th, 2007 at 2:06 pm, taylork said:

    It’s a good thing the courts have their priorities straight.

  13. #116407
    On August 14th, 2007 at 2:07 pm, HarryStar said:

    or are parents not stepping in because the government does?

    Great point! I think that many parents nowadays just wait for big government to take over their role as parents.

    I also subscribe to the theory that IF it happened when I was younger, I would’ve received the death penalty (Sitting in the principle’s office while he was on the phone with my parents), praying for mercy.

  14. #116408
    On August 14th, 2007 at 2:08 pm, jrlingreenbay said:

    I was thinking the same thing about the 13 year olds watching Jackass. TV version or not – either one is pretty reckless for a 13 year old.

    Now, I admit, I’m a sick puppy and I ( and even my shy, normally quiet, wife )laugh our butts off at some of the stupidity they exhibit ( and that’s what it is ). But we’re adults and we can make the distinction between stupid antics and entertainment.

    Young teens cannot.

    As a sidenote – even the TV version could get pretty outrageous. There are replays of the movie on lately – and the only things that are cut is the language ( beeped ) and the nudity is blurred out ( not cut out ).

  15. #116410
    On August 14th, 2007 at 2:10 pm, jrlingreenbay said:

    I agree Harry – I remember a few of those times sitting there as if waiting for the gallows to be prepared…. LOL.

    ( By the way, that’s the 3rd ‘great point’ I’ve made today as recognized by others – I think I deserve a cookie ) :)

  16. #116412
    On August 14th, 2007 at 2:13 pm, ajmontana said:

    lmao jrl, I hear that one but now parents get arrested for it. What ever happened to other kids standing up to punks and bullies and protecting girls?

  17. #116414
    On August 14th, 2007 at 2:16 pm, ajmontana said:

    >>>>>>passing cookies…

  18. #116416
    On August 14th, 2007 at 2:16 pm, purplepeep said:

    Well, it’s been awhile since I warmed a seat in school, but even back in the day we knew if we students acted like idiots in clas or the hallways that we’d be having a nice long visit with the principal.

    These boys certainly need a good talking to and should apologize for acting like “Jackasses”, but the criminal charges are just plain nuts. Besides, in our sue-happy society the boys will probably be hit with civil lawsuits by the traumatized victims.

  19. #116419
    On August 14th, 2007 at 2:19 pm, AlohaGuy said:

    Grabbing breasts? These boys could grow up to be President.

    Seriously, there are way to many lawyers in this country. This crime deserves a quick trip to the woodshed followed by a sincere apology.

  20. #116420
    On August 14th, 2007 at 2:20 pm, purplepeep said:

    HarryStar said:
    I also subscribe to the theory that IF it happened when I was younger, I would’ve received the death penalty (Sitting in the principle’s office while he was on the phone with my parents), praying for mercy.

    Yup. I didn’t hate school – it was just the principal of the thing. :)

  21. #116421
    On August 14th, 2007 at 2:20 pm, ajmontana said:

    These two will probably get worse punishment then some of the Pervs judges nowadays are sending to “Therapy”

  22. #116422
    On August 14th, 2007 at 2:20 pm, On-my-soap-box said:

    And now, there are charges of prosecutors withholding evidence:

    Say it isn’t so.

    Someone should have told these boys to claim being Muslim then, there would be no crime.

  23. #116423
    On August 14th, 2007 at 2:23 pm, On-my-soap-box said:

    On August 14th, 2007 at 2:16 pm, ajmontana said:
    >>>>>>passing cookies…

    I sure hope those are not the cookies I gave you a few weeks ago! That would be wrong!

  24. #116426
    On August 14th, 2007 at 2:23 pm, jrlingreenbay said:

    If these boys were grabbing males – they’d be looked at as ‘experimenting’ and ‘coming out’ – and we’d be asked to ‘understand’ their confusion due to the persecution of society….

    Plus, the gay activists would be rushing to their defense.

  25. #116428
    On August 14th, 2007 at 2:26 pm, ajmontana said:

    ROFL….. :)

  26. #116431
    On August 14th, 2007 at 2:28 pm, swj719AWG said:

    Now, I admit, I’m a sick puppy and I ( and even my shy, normally quiet, wife )laugh our butts off at some of the stupidity they exhibit ( and that’s what it is ). But we’re adults and we can make the distinction between stupid antics and entertainment.

    I have to admit, I like some of the stuff to.

    The self-inflicted stuff is side-splitting to me, as is the stuff the “victim” is aware of (semi-self-induced)

    Viva La Bam, however, is part of what I think is wrong with this country. A-Hole destroying stuff because he thinks it’s funny…

  27. #116433
    On August 14th, 2007 at 2:29 pm, swj719AWG said:

    Yup. I didn’t hate school – it was just the principal of the thing.

    You should be ashamed of making that pun…

  28. #116434
    On August 14th, 2007 at 2:29 pm, Regulus said:

    Looks like a clear-cut case of PC run amok to me.

    Looks like one more reason for homeschooling to me.

  29. #116440
    On August 14th, 2007 at 2:54 pm, purplepeep said:

    swj719AWG said:

    Yup. I didn’t hate school – it was just the principal of the thing.

    You should be ashamed of making that pun…

    Yeah, I hate myself sometimes. I should have shown more class.
    :)

  30. #116441
    On August 14th, 2007 at 2:55 pm, Pulchritudinous Patriot said:

    As I refuse to watch anything named “Jackass”, could someone tell me or show me via a link what “Party Boy” dancing is? Or do I even want to see it?

  31. #116443
    On August 14th, 2007 at 2:58 pm, purplepeep said:

    Pulchritudinous Patriot said:
    I refuse to watch anything named “Jackass”,

    Me too, but CSPAN pretty much has to show Harry Reid….

  32. #116444
    On August 14th, 2007 at 2:59 pm, jeffshultz said:

    Based on what I heard from an interview with one of the mothers, I’m not sure that kid would ever see a woodshed… if you know what I mean.

  33. #116452
    On August 14th, 2007 at 3:07 pm, swj719AWG said:

    Purple, you are a horrible, horrible person…

    He would would pick a pun would pick a pocket…

  34. #116455
    On August 14th, 2007 at 3:07 pm, jrlingreenbay said:

    “could someone tell me or show me via a link what “Party Boy” dancing is? Or do I even want to see it?”

    In the show – the ‘partyboy’ takes off his running suit, stripping down to a bow-tie and gold thong underwear and tennis shoes. He then proceeds to dance, arms in the air, jumping up and down as he moves closer to his unsuspecting and shocked subject of the antic. All this to a background of loud ‘club’ music.

    In the context of these two kids – I doubt they strip down to a thong – but they probably jump up and down – moving their body closer to whomever they’re trying to antagonize with this joke….

  35. #116459
    On August 14th, 2007 at 3:24 pm, jeffNWV said:

    I’ve taught my two girls that if a guy ever touches them in an inappropriate way, slap him in the face and kick him in the malkins. Parents have got to realize that the gov’t doesn’t protect your kids – that’s the parents job.

  36. #116460
    On August 14th, 2007 at 3:27 pm, jrlingreenbay said:

    I agree Jeff – although I’d use the term ‘kick him in the Dems” – they’re more ‘nuts’ than Michelle :)

  37. #116462
    On August 14th, 2007 at 3:38 pm, tedZilla99 said:

    If you send your kids to a government school, you are abdicating your parental rights. The government will do what is necessary to mold your children into PC robots, and if you let them, you should be ashamed. My kids will never go to a government school, period.

  38. #116465
    On August 14th, 2007 at 3:47 pm, ajmontana said:

    Purplepeep+cspan+tommy reid = aj laffin is bum off.

  39. #116466
    On August 14th, 2007 at 3:48 pm, Rational Thought said:

    From what I remember of middle school, when fat, nerdy boys do something gross, it’s harassment; when hot, popular boys do, it’s flattering. Looks like that’s still the case…

  40. #116468
    On August 14th, 2007 at 3:50 pm, englishqueen01 said:

    And if these boys are convicted, and face a life of discrimination and inability to find steady employment and housing, the liberal bleeding hearts will do what, exactly?

    Reason #894845304808453104878 to homeschool. That way, if my child does something stupid – but not criminal – he won’t face felonies at the age of 13.

  41. #116472
    On August 14th, 2007 at 3:53 pm, Surveyor said:

    On August 14th, 2007 at 2:58 pm, purplepeep said:

    “Me too, but CSPAN pretty much has to show Harry Reid….”

    Bwaaaaahahahahahahahah….That’s too funny!!

  42. #116479
    On August 14th, 2007 at 4:04 pm, gunslingerpatriot said:

    jrl-
    passing the cookies to you…

    These kids are being nifonged to the extreme!

  43. #116499
    On August 14th, 2007 at 4:24 pm, RenaOConnor said:

    If these boys are convicted they will be labeled the rest of their lives as sexual deviants. Although I wont condone what they did and a good butt whooping and probably community service is what they need, they shouldn’t be classed amongst real predators out there.

    It was stupid and wrong but not criminal… yet.

    The prosecutors in this case are taking this too far and will do more harm to those two boys than they did to those girls if all of it is true.. which there is doubt now as a few are saying they didn’t say that.

    Rena

  44. #116504
    On August 14th, 2007 at 4:30 pm, jrlingreenbay said:

    Parental butt-whooping and detention….

    probably all they need….

    No wonder people like John Edwards live in mansions, the way people are so quickly dragged into court or sued….

  45. #116506
    On August 14th, 2007 at 4:31 pm, leepro said:

    Did anyone actually read the second police report pdf? In it there were a good number of incidents where the girls told the boys to stop… and they stopped!

    There were also several incidents where the girls were doing the same thing to the boys!

    Neither of these points excuse the boys’ outlandish (not outrageous) behavior, but the knee-jerk reactions of school officials and/or parents of the “victims” are outrageous.

    Puberty is the time when youngsters are taught the difference between appropriate and inappropriate behaviors toward the opposite sex (both sexes!), and it is not the gubmint’s job! It is our job as parents, and until we take back that role, these kinds of things will continue ad nauseum!

  46. #116509
    On August 14th, 2007 at 4:33 pm, hadsil said:

    Reminds me of a case that rhymes with “puke”.

    White males – their turn to be “oppressed”.

  47. #116549
    On August 14th, 2007 at 5:33 pm, dmartin said:

    Yamhill County just got a federal grant to expand their juvenile detention center. Maybe they just want to justify the expense and fill a few empty beds.

  48. #116570
    On August 14th, 2007 at 6:10 pm, PRCalDude said:

    The undeclared war on Whites continues.

    Reminds me of the case of Conrad Black or the the Duke lacrosse players.

  49. #116571
    On August 14th, 2007 at 6:13 pm, calamityville said:

    If not for pc, someone could smack these idiot boys upside the head and viola, case closed.

  50. #116573
    On August 14th, 2007 at 6:19 pm, jferg49 said:

    Those little fat tubs…the girls should have slapped the smirk off their faces..or at least had a brother or male friend kick their asses…but arrest?..seems a bit harsh…

  51. #116586
    On August 14th, 2007 at 7:05 pm, dedalus said:

    JRL, if those two guys were grabbing males they probably would have gotten their butts kicked on the spot and that would have been the end of that.

    Sorry to see my tax dollars at work on this one.

  52. #116604
    On August 14th, 2007 at 8:15 pm, T J Green said:

    Where are the real men in this country? Would any of you allow your child to be held in confinement for 5 days based on this “crime”? That is insane – but apparently no one cared enough to put a finger into anyone’s chest and demand their release.

    Talk about child abuse!

  53. #116625
    On August 14th, 2007 at 9:31 pm, kahall said:

    Watching the bigger kid reminded me of my own son at that age. Really sad that this is happening, and I would have to think long and hard about sticking around for a trial if there is one. The parents of the girls involved should be ashamed.

  54. #116628
    On August 14th, 2007 at 9:33 pm, fulldroolcup said:

    Sorry, T.J. Green, but in the climate we find ourselves in putting your finger into a school offical’s or prosecutor’s chest would be considered a battery (technically true, btw) AND get you tasered, thrown to the ground, tossed in the slammer and sexually abused while in there.

    It’s called “the system”, and it’s set up expressly to deal with “manly men” formerly known as “irate citizens”.

  55. #116636
    On August 14th, 2007 at 10:18 pm, marsouin said:

    PC is leading this country over the cliff! I used to do all this stuff with full consent (and enjoyment!) of girls when I was even younger. Neither I nor any of the girls were psychologically scarred. We now view every act through the prism of “victim”. It’s insane. What kind of children are we raising?

    Is there any group out there that we can support that is trying to challenge these twisted laws? I sure hope these two kids get off and those resonsible for enacting the laws are put in jail instead. For life.

  56. #116641
    On August 14th, 2007 at 10:39 pm, swj719AWG said:

    On August 14th, 2007 at 8:15 pm, T J Green said:
    Where are the real men in this country? Would any of you allow your child to be held in confinement for 5 days based on this “crime”? That is insane – but apparently no one cared enough to put a finger into anyone’s chest and demand their release.

    Well, odds are the bail is set so high the parents can’t even start to afford it…

    But this is one of those times where a lawsuit when prosecution gets beat like their mothers shoulda is exactly what’s called for.

    Against both the school and prosecuting authorities…

    And for the love of GOD, didn’t these prosecutors learn from Nifong??? How the HELL did they think the report wouldn’t get out??? Are they throwing this one on purpose? Are they drooling MORONS?? If you think you have a case, release everything. Holding ANYTHING back just screams “we can only win by cheating, because we got nothin’”.

  57. #116676
    On August 15th, 2007 at 7:57 am, Dandapani said:

    Feminism’s War Against Boys!

  58. #116759
    On August 15th, 2007 at 11:50 am, TacitEagle said:

    LIBERALISM IS A HATE CRIME

  59. #116791
    On August 15th, 2007 at 1:00 pm, feebiebabe said:

    reminds me of all the “Friday Flip Up Days” I use to endure in grammar school.

    Boys act silly. I doubt there was any other intent but to bother girls they liked.

    PS. what are they doing watching Jackass at their age. I’d be more concerend about that then their “truffle shuffle” next to some girls.

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