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Cheri
Forum Member
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Posted - 01/05/2003 : 5:37:42 PM
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HELP - A FELLOW NUDIST DESPERATELY NEEDS LEGAL ASSISTANCE.
A man we have known and respected for nearly 10 years is being forced by the authorities to move from his home merely because his home is located in a "Nudist Colony." This action was supported by a state trial judge, and he needs to appeal. Appeals are very expensive, and he needs help.
Dan has been a member of his nudist club and resided on the grounds for many years. About 3 years ago, two or three couples dropped by during the Christmas holiday period. Without Dan's knowledge, some of the children began playing with a camera that belonged to one of his guests and took pictures of each other. The film was taken for processing, and 2 or 3 days later Dan was arrested on multiple counts of various child pornography charges apparently based on the fact that the pictures were taken in Dan's home.
Dan sought legal assistance from AANR at the time but was refused. He defended the case with what resources he had and eventually reached a plea bargain permitting him to plead guilty to one count of contributing to the delinquency of a minor and received a sentence of 5 years probation. The alternative would have been a jury trial in one of the most conservative, back woods Baptist counties in the state. On conviction, he would have faced many years in prison. Given the reality of the situation, he choose the plea.
At both the initial bond hearing and at the sentencing stage experienced, respected, and tough Circuit Judges specifically ordered that Dan could continue to live on the grounds of the club. The only conditions of his probation were that he not be alone with children and that he not photograph children.
After 2-1/2 years with a spotless probation record, a new managing director in the probation office decided that it not appropriate for Dan to live in a "Nudist Colony." The probation officer directly supervising Dan had no objections to where Dan lived nor had several others who had been directly responsible for Dan's supervision. The new boss's view prevailed, and Dan was given 10 days to move. Dan asked for a hearing. His very capable attorney and everyone else with knowledge thought that he would have no problem once he got this before a judge. Not so. A judge with only a little over 2 years on the bench speculated that "Maybe the other judges didn't know Dan lived in a nudist colony" and ordered Dan out of his home.
Having known Dan for a long time, the idea that he might be some sort of pedophile is preposterous. Everyone who knows him shares my opinion.
Both Dan's attorney and other's who have been consulted believe that Dan has an excellent chance to have this reversed on appeal. Unfortunately, appeals are very expensive and far beyond Dan's present means. At the moment, AANR shows little interest in providing financial support
Any contributions that you good people can make will not only go to help a good man but to establishing that a nudist club is as good moral environment as any other place (and probably better).
I should note that although my husband is an attorney, he does not represent Dan and will receive no financial benefit from the Dan Wilburn Fund. The reason my husband does not represent him is one of geography - he fully supports Dan's case.
To contribute to this fund, please mail me a check but in the "MEMO" section, indicate that it's for the Dan Wilburn Legal Defense Fund at PO Box 90836, Columbia, SC 29290. An account is being created to administer the funds.
Time is very important as deadlines are closing. If you can let us know your intensions as soon as possible, a show of grassroots support might prompt AANR into providing some assistance.
Doing what I can to positively promote nudism - -
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FireProf
Forum Member

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Posted - 01/05/2003 : 9:27:21 PM
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Cheri,
Replied on AANR Cyber Bulletin...we will help, check in mail tomorrow.
Good Luck to Dan.
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Cheri
Forum Member

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Posted - 01/05/2003 : 9:36:37 PM
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Thank you soooo very much. We'll start having the appeal ready to be filed as soon as enough money arrives. This does have constitutional issues, but we have to get the appeal filed before we can do anything else.
Mega hugs,
Doing what I can to positively promote nudism - -
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Cheri
Forum Member

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Posted - 03/23/2003 : 11:35:51 AM
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We received the first bill from the lawyer for appeal, phone calls, copies, etc. in the amount of $600. That leaves a balance of $203.25 in the Legal Defense Fund. We had hoped to have more in that account so that when we do have to appear in court, those expenses will be covered.
Any amount, even a dollar, is gratefully accepted. Regards, Cheri PO Box 90836 Columbia, SC 29290
Doing what I can to positively promote nudism - -
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Grantawish
New Member
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Posted - 06/11/2007 : 2:18:04 PM
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I see the date on here Cheri. What happened to this case?
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Edited by - Grantawish on 06/11/2007 2:20:12 PM |
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Cheri
Forum Member

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Posted - 06/11/2007 : 7:17:19 PM
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We didn't raise all the $ we needed, and the man plead out and was given 5 yrs. probation. He completed his probation several years ago. This great guy passed away this past week and will sorely be missed. Cheri
Doing what I can to positively promote nudism - -
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