Daniel Mael

STATEMENT ON THE ALEXANDER BROTHERS' SENTENCING I condemn without qualification the abhorrent conduct for which a federal jury convicted Tal, Oren, and Alon Alexander. Drugging a woman and raping her is among the gravest crimes a man can commit. I am deeply troubled by the way Judge Valerie Caproni conducted this sentencing and by the reasoning she used to impose thirty years in federal prison on each brother. Two of the brothers passed polygraph examinations. Under 18 U.S.C. § 3661, federal law places no limit on what a court may consider about a defendant's background, character, and conduct at sentencing. Judge Caproni dismissed the polygraph results by saying "liars can pass a lie detector test" and by telling the sons of Israeli immigrants "mazel tov" for passing. A sentencing judge may reject polygraph evidence, but she is not immune from criticism for how she does so. Judge Caproni's sarcastic "mazel tov" remark was gratuitous, particularly when directed at the sons of Israeli immigrants, and has no place in a federal sentencing proceeding. A witness's account of a crime is only as reliable as her memory. One woman told the Court she could "only speak to what I remember when I was conscious" and gave her "best recollection" of "the period when I was aware." Judge Caproni framed the women's credibility as a choice between two possibilities: "Either all of those women are in the wrong line of work, because they should all be actresses, or they were telling the truth. . . . I believe the latter." That choice leaves out a third possibility, that a witness can speak honestly and still be mistaken about events she could not fully perceive or remember. At sentencing, the government's presentation emphasized the brothers' wealth and fame. Prosecutors said the brothers used their wealth and clout to get away with their abuse, and a woman who addressed the Court spoke of their careers and their "social clout." Wealth may be relevant to how an offense was committed, but it must never become an independent basis for increasing punishment. A man's sentence should reflect what he did, and his wealth and celebrity should add or subtract nothing. The brothers asked the Court to consider the men they have become. Oren Alexander told the Court, "Looking back as a husband and a father today, I am ashamed of how I behaved." Alon Alexander asked the Court "to consider the life I built in the years that followed." Judge Caproni rejected the argument that their marriages showed they had grown into caring men, telling the courtroom, "Rape is and always has been about power," and "having a wife doesn't mean you're no longer going to rape and humiliate women." Marriage alone does not establish redemption, but neither should it be dismissed as meaningless. Under 18 U.S.C. § 3553(a)(1), a court must consider the defendant's history and characteristics. That includes who a man has become since the conduct at issue. Growth, development, and redemption should matter at sentencing, even if they don't erase the offense's gravity. I have a word for men everywhere. Hookup culture has always been a trap, and its penalties are more severe today than ever. Men, you must resist the temptation to participate in a culture that can destroy your life and your soul. BE NOT DECEIVED: A judgment far greater than any federal court can impose awaits every man. Each of us will stand before Almighty God and answer for how we lived, how we treated others, and how we used the strength and freedom we were given. God gave His commandments to protect us from the destructive power of sin and from the eternal consequences of dying in it. The pursuit of pleasure is not worth the destruction of your life, the loss of your soul, or an eternity in hell. A federal judge can take thirty years of your freedom. Sin can cost you eternity. Fear God. Keep His commandments.