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Dec-11-2009 23:40printcomments

Drug Dealer's 269 Month Prison Term 3 Times Longer than Sentence for Child Abusers

Non violent crime can cost you far more than child abuse.

Prisoner's hands on bars
Salem-News.com

(SALEM, Ore.) - A person can get in a lot more trouble for selling drugs in Marion County, Oregon, than they can for years of systematic religious child abuse.

The children of Alexander Kozlov and Lyudmila Kozlov, two Ukrainian immigrants, actually fled their parent's custody to make contact with police after years of beatings that included many types of physical and mental abuse. With no lawyer or willingness to comply with directives from the judge, the Koslov's were sentenced to 84 months in prison.

Rafael Martinez Ayala sold meth ten times to narc cops, and made drug deals while his kids were in the house. He was sentenced to 269 months in prison.

Taxpayers will pick up the tab for 269 months, more than 22 years of prison incarceration, while the couple who repeatedly harmed other human beings, children no less, who refused a lawyer, behaved disrespectfully to the judge, and left children with lifetime scars on their bodies and souls, will serve a sentence less than 1/3 third the length of Ayala's.

Priorities

In the meth case, there were no specific allegations of Ayala beating or directly harming his children. Meth does create an extremely dangerous and volatile environment for children, but that applies mostly to "meth houses" where the substance is made. Ayala was not convicted of manufacturing meth, he pled guilty to selling the drug and delivering it.

The Ukrainian family abused their kids for years and years.

Most Hispanic families, even if their culture includes a macho complex and strong discipline, would not hurt their children the way this family did. It is a cultural issue all the way around; the Ukrainian couple who abused their kids were raised in the harsh years of Communism and they bring those cultural values into play. They behave the same way here, that they did there, and it has been kept well off the radar.

Based on statements in court and on the hundreds and hundreds of story comments we have received, these religious fundamentalists from Ukraine believe that beating children with instruments is what God expects them to do.

Large numbers of these families have emigrated to the U.S. in recent years, with strong populations of Russian and Ukrainian families in Salem and Woodburn, Oregon. Apparently the stories of child abuse are fairly common. (see: Survivor of Russian Immigrant Family Child Abuse Speaks Out - Salem-News.com)

One possible explanation for the abusive parenting could be the fact that stepping out of line in Communist Ukraine during the time these parents were raised could land a person of any age in a Gulag or in a grave, or they would simply disappear.

So, children were disciplined with an iron hand. Many of these families believe that they must continue to treat children this way in the U.S. in spite of it being illegal. They simply lack the ability to trust police because of the overwhelming corruption of law enforcement in their home country. (see: Letter to Judge: Ukrainian Immigrant Child Abuse Illustrates Tragic Past - Johnathan H. Cannon Special to Salem-News.com)

Church members of the accused couple have been extremely active in their support, carrying signs outside of the courthouse and advocating for the parents whenever possible. They, along with the convicted child abusers, told Marion County Prosecutor Courtland Geyer, that the visual evidence of the abuse on the children's bodies was "photoshopped" and honestly I have never heard such things stated in a courtroom. The Statesman Journal has good video coverage of the court proceedings on their Website.

I received a press release about the 269 month sentence for Rafael Ayala today from the Marion County District Attorney's office, and I appreciate the informational flow. I follow much of what they do but the 269 months for a drug dealer sounds like the most outrageous and irresponsible sentence I've heard in a long time. It is a hard fact that people serve far far less for acts that take a human life.

The moral of this story is fairly obscure, but the lesson is clear: In Marion County, when it comes to crime and punishment, those who hurt others over long periods of time require only one third the punishment of those who sell drugs. It strikes me as a profound set of misplaced values, a result of foolish laws, pressed in an arena where power has been removed from elected judges.

It also seems doubtless that drug dealers will respond with more paranoia, less trust, more violence, who knows?

In the greater picture, this meth conviction is little more than a flea on the beast of burden that is our society; being overzealous in the creation of a poster boy to tout the county's drug fighting efforts just makes people in other places look at Oregon and shake their heads.

Could it be that the cops and prosecutors were simply heavily invested in this guy? It sure looks that way based on the number of agencies that had their full time employees working hard to bring this guy in, over a "long-term investigation".

Think about it, four months of cops from numerous agencies working as undercover narcs, can you imagine the cost?

Agencies in meth bust:
Methamphetamine Strike Force
Salem Police
Oregon State Police
Keizer Police
The Marion County Sheriff's Office
The Department of Justice
The Drug Enforcement Administration
The Polk Interagency Narcotic Team

I guess they had to give the guy 269 months because they spent so much of our tax money out there buying meth over and over and over. They must have left him in business to keep peddling the stuff for a long time so they could get a better case. Right? Wouldn't there have been victims along the way? Isn't it more important to take out the player, rather than leaving him in business to pollute our kid's brains with meth so a prosecutor can get a better case and send the guy up the river for a longer time?

It sure seems like a lot of time and energy and taxpayer expense for one single drug dealer, and one that leads to 22 plus more years of taxpayer expense. The cops go undercover, they work for long periods of time, they involve eight law enforcement agencies to make ten meth buys, and they get the guy tossed in prison longer than a lot of Iraq and Afghanistan Veterans ever walked on this earth.

Child Abuse, Small Issue Compared to Drug Peddling?

While these eight agencies including two groups of feds worked so hard in building their case against Ayala, the children of Alexander Kozlov and Lyudmila Kozlov were living out a life of abuse at home, with teachers and all officials missing the signs, even though it took place fairly consistently since they arrived in the United States from the Ukraine in 2003.

A detective in Marion County called it the worst case of child abuse he had ever seen. Lt. Sheila Lorance said, "It is the 14-year old girl who got it the worst," describing years of beatings with items that included wire straps, tree branches and dog switches.

So how many agencies were involved in this investigation? Were the federal agencies part of it?

At first thought it seems like this investigation would have also drawn major resources. The truth? The kids, after undergoing six years of child abuse, finally went to a deputy and asked for help on their own.

You actually have to wonder if sentences could be measured proportionally with how much time and money the police invest.

So maybe I'm totally wrong, and parents who brutally and systematically physically abuse their kids in unprecedented ways while they disrespect a judge and claim that the evidence against them is "fake" only deserve one third the sentence of the drug dealer.

Maybe Ayala was selling meth because he's a loser, a guy who was enticed by the idea of drug money, I don't claim to know anything about him. But based on what we do know, the law enforcement community is far more committed to pouring its money, our money, into prosecuting drug crimes, than it is in protecting kids from serious abuse.

The proof is in the pudding. At this point penalties for felony child abusers, truly dangerous, violent people, are far lighter than prison sentences for drug dealers.

In fairness to the Marion County Prosecutor's Office, I am publishing the release below on Ayala:

On Thursday, December 10, 2009, the Honorable Mary James sentenced Rafael Martinez Ayala, DOB 6/1/60 on nine counts of Delivery of Methamphetamine and two counts of Child Neglect in the First Degree. This case involved a long-term investigation conducted by the Methamphetamine Strike Force, with the collaborative efforts of Salem Police, Oregon State Police, Keizer Police, the Marion County Sheriff's Office, the Department of Justice, the Drug Enforcement Administration, and the Polk Interagency Narcotic Team. During the course of this investigation, this defendant delivered a total of 2 pounds of methamphetamine in ten separate deliveries to an undercover police officer. On November 18, 2009, Defendant entered guilty pleas to nine Deliveries and two counts of Child Neglect in the First Degree for his two minor children who lived in his residence while drug related activities were being conducted from the residence. Of the nine counts defendant pled to, five of the counts were Ballot Measure 57 eligible based upon the quantity of methamphetamine sold in those incidents. The Defendant was sentenced to 269 months in prison.

Drug crimes are a confusing ball of wax. These same police and prosecutors have been putting meth and marijuana into one sentence for a long time, and in doing so they missed another chance to be honest and offer real education, i.e. "Meth will kill you, marijuana is a natural substance people legally use as medicine in several states."

In fact until very recently, marijuana was under the same legal schedule as meth and heroin, and still is in many cases. The ignorance of the officials calling the shots locally and at the highest levels, has led to a failed drug war and massive misinformation campaigns that have greatly confused the public, while simultaneously causing a huge percentage of young Americans to lose faith in the system entirely. (see: Are Former Homeland Security Undersecretary Hutchinson's Words a Death Sentence for American Kids?Political Perspective by Tim King Salem-News.com)

Will the system educate Ayala or the Koslovs and make them better people for the future? And beyond being a prosecutor's trophy case, how does this 269 month sentence really change anything in Salem?

The bottom line is that there is a huge lack of education in this country, including cultural education for those who move here. People spend so much money & time divided over immigration, that the key chances to help people become versed in American culture and law are being missed. The Ukrainian family could have possibly been taught the ways of their new land, it would have saved a lot of time, hardship and expense.

If the greedy SOB's of corporate America hadn't sold us down the road, exported our labor, made the top tier of the wealthiest richer, while shattering the existence of the middle class, then maybe Ayala would have been a regular guy who worked an honest job. Either way, while what he did was wrong, it does not compare to the actual acts of violence visited on the Koslov kids.

If you found this article interesting, you might want to read this article: Drug Kingpin Sentenced to 15 Years in Prison - Salem-News.com

=================================================
Tim King is a former U.S. Marine with twenty years of experience on the west coast as a television news producer, photojournalist, reporter and assignment editor. In addition to his role as a war correspondent, this Los Angeles native serves as Salem-News.com's Executive News Editor.
Tim spent the winter of 2006/07 covering the war in Afghanistan, and he was in Iraq over the summer of 2008, reporting from the war while embedded with both the U.S. Army and the Marines. Tim holds numerous awards for reporting, photography, writing and editing, including the Oregon AP Award for Spot News Photographer of the Year (2004), the first place Electronic Media Award in Spot News, Las Vegas, (1998), Oregon AP Cooperation Award (1991); and several other awards including the 2005 Red Cross Good Neighborhood Award for reporting. Serving the community in very real terms, Salem-News.com is the nation's only truly independent high traffic news Website, affiliated with Google News and several other major search engines and news aggregators.
You can send Tim an email at this address: newsroom@salem-news.com




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m August 28, 2010 11:07 am (Pacific time)

I am a drug dealer. I sell drugs that sometimes wind up in the hands of children. I sell drugs that make people get violent. I sell drugs that cause people to get into car crashes and kill people. I sell drugs that can be lethal if consumed in large quantities. I sell drugs that kill 75.000 people every year. I work at a liquor store.


kim January 4, 2010 4:23 am (Pacific time)

move to a middle class neighborhood where people cant afford drugs


grny 64 December 14, 2009 11:25 pm (Pacific time)

yeh a drug dealer got twice the time as the killer of poor lil kayden ... 2yrs or so that baby killer got off ...


Natalie December 14, 2009 2:28 pm (Pacific time)

Poor Rafael Ayala got his moment of fame thanks to being caught in the cross fire about the Kozlovs case. So, to be fair to the man: If he sold drugs from his home to adults, he got too much for his crime. They had enough grey stuff in their brains to make decisions for themselves. If people want to inject, smoke, inhale, chew, or whatever they do with that stuff, and make fools of themselves, let them have it. Make it legal, and tax drug dealers for their business. If Ayala sold drugs to minors, he harmed not only them, but their future children too, if they live long enough to have kids.


Osotan; December 14, 2009 2:35 am (Pacific time)

Gabe; Thanks.,and Merry Christmas.,Peace in The World is my evryday chant.


Gabe December 14, 2009 12:22 am (Pacific time)

to Osotan: LOL..I like that song...it portrays many people today. Yes. everyone defends their actions by talking about their 'god' however, their god might be an unexisting being. I thik you are a very intelligent person and could figure out the true God. God Bless.


I December 13, 2009 7:33 pm (Pacific time)

first of all, I wanted to make it clear:- Russian and Ukrainian Parents are not abusers! The way the Church stood up for these parents was just an example for other Churches,- The Church stood up for them, b/c the kids were in summer camp, and knowing and seeing these kids on a regular basis,- no one would see any bruises on these kids - that is the REASON the Church stood up for them!YES!-kids wore shortest sleeves!Look at the picture of the family 3 days before the tragedy-kids have short sleeves,no bruises! Let me make it clear:The Church is against Child abuse, it doesn't support leaving a bruises on kids!Even when You discipline Your kids! Stating that there might be more kids leaving in abusive households, is a propaganda against Russians and Ukrainians!- we don't want to do that! That already brought a lot of hate speech in Oregon and over the internet, and might bring a hate crime to Oregon people against These Nationalities. -kindly me. please post my comment! thank you


Osotan; December 13, 2009 7:33 pm (Pacific time)

"preacher man talkin' on the t.v., puttin' down the rock and roll, wants me to send a donation, cause he's worried bout my soul, he says Jesus walked on the water, and I think it might be true, but sometimes I think that preacher man would like to do a little walkin' too"; Charlie Daniels Band.


Osotan; December 13, 2009 7:08 pm (Pacific time)

Gabe;the story of the israel-Palestine situation is more "touching",offering a glimpse of "guidence" as America and other countries use the "God card" to kill each other off by the millions with primitive to sophisticated weapons,space surveilance and wiretapping the public.,the Branch Davidian killings by the FBI in Waco shows how much our leaders trust God.,I trust myself now,and do as good by people as I am able.,so preach to somebody else about your God.,we'll all find out soon enough.


Gabe December 13, 2009 6:12 pm (Pacific time)

Osotan have you ever looked around you and wondered who created the heavens the beautiful stars and the very womb in which you were born? If you can say that a person did all this-then you must be mentally challenged. Our souls want to believe and worship a God. If you really want God to open up to you-you have to knock to Him first. Get on your knees and with all your heart pray for God to open up to you. And He will. He did it to me when I was thinking just like you. That is why people who know God the one who help, guides, and leads us, are talking so much about Him. We have evidently see His works and Power in our lives!! May God touch the hearts of all reading the story about the Kozlov's and guide you to the right path.


Osotan; December 13, 2009 4:51 pm (Pacific time)

GOD?.,what the hell has GOD got to do with it? Who is GOD? Where is GOD?,haven't heard so much B.S. since bush strted the war in Afghanistan.,he's a real GOD man isn't he.,god damn people.,get real,look in your own mirror and stop blaming God.,we all going to surprised in the end.Trust yourself and you won't go wrong. Good Day.


Vic December 13, 2009 4:28 pm (Pacific time)

Anyone that needs to beat their kids to make them good honest citizens is nothing more than an IDIOTIC THUG. An ignorant, unthinking, uncaring animal, with no imagination, no sensitivity and no brains. I would also say that these cretins do not have any capacity for love if hey can beat their children. The only thing worse is using God to justify your cruelty and inhumanity. Pathetic !!


William December 13, 2009 2:07 pm (Pacific time)

I will tell one thing what I did when I was about 14, like Koslov,s oldest son now and what stopped me. With my friends, we used to go to the local vegetable market to steal watermelons and other things. But once my mother took me to that market, to help her to carry shopping bags. So, as we stood in the line waiting to be served. Someone in the line said to seller: "Watch this boy (me), he is going to steal something." The seller, a really big man, answered: "he will not run far away", and had shown a 5 pounds scale weight. When I listened to all this, I imagined what would happen to me when the seller would hit me with that heavy thing, oh I would be mayby dead now. But this really helped me to stop stealing. I know that 150 years ago, shoplifters, and thives were sent from UK to Australia to work in labour camps very hard, or other very harsh things were applied to them including death. I know that Kozlov's oldest son was also caught while shoplifting and stole money at home. What happened to him? Nothing. But the parents who punished him are now in jail for oh... 7 years. Somethig wrong is happenning in this country. That's why Amarica has over 2 million people in prisons. You know, the drug dealer sells drugs to potentially kill people and many die. Kozlov parents punished kids, to make them obedient and good citizens, and they themselves are punished so harsh for that. Is this justice?


Vic December 13, 2009 8:18 am (Pacific time)

Here is another bit of wisdom from the Bible...Thank God my parents were not real Christians or I would have died at 14 or 15.. Deuteronomy 21:18-21 (King James Version) 18 "If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: 19 Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; 20 And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. 21 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear." Wow...now that is LOVE !


Vic December 13, 2009 8:10 am (Pacific time)

Well, what did Jesus say about child abuse? How about Luke 17:2 "It were better for him that a millstone were hanged about his neck, and he cast into the sea, than that he should offend one of these little ones."


William December 13, 2009 5:35 am (Pacific time)

It looks like Kozlov parents trial was designed to teach their church a lession. It is really bad thing to do so. It shows that the justice system failed again to show justice. Now family is destroyed, children are orphaned. What a cruel outcome! Is this the only what the justice system could do for that family? It is terrible injustice. And poor children. Time will come, and I think they will realise what they have done to parents.They will regret what they have done and will remember parents who punished them for their wrong doings because they loved them. When I was a teenager, I think I was punished more then Kozlov's oldest son, because I went my bad ways. Now many years later I do really thank my dad for panishing me, because I deserved that and even more, only dad did not know everything I did. So,I beleive Kozlov parents are not criminals. Maybe working hard for the family they mssed something, then they need help but definately not to go to jail for 7 years. What we have now is the worst possible outcome and particulary for their children. I think we can not really compare this case with convicted drug dealers.


one american christian's opinion December 12, 2009 10:32 pm (Pacific time)

Hi, Everyone First off I want to say I do not agree with child abuse. However from what I have heard there were no scars or bad injuries on the children, and the case has been greatly exaggerated (kind of explains why teachers and others never noticed). Even though I don't practice it, my father used to get me with a twitch (thin stick, ouch) when I was very bad. It would leave a red mark for the day and a little soreness, but I most certainly was not emotionally or physically scared. Though now you would go to prison for this, I don’t believe its fair and I certainly don't wish to put him in prison. I hear this is more the style of punishment the parents practiced, and most of the rest has been exaggerated. I indeed heard that the parents were disrespectful to our legal authorities, but this may have been some sort of persecution martyrdom attitude that came with them from the Ukraine. The Judge perhaps should have been a little more understanding and forgiving of their disrespectful attitudes, however, it can be hard when your feeling get hurt. I don’t believe the parents got a fair trail in any way, being ignorant of our legal system is the only reason they would have decided not to have a layer. They could not have understood their rights or the entire role of a layer, or they would have at least kept one for explaining legal procedures and advise (if for nothing else). I can’t believe that if interpreters did try to explain these things to them in their language that they understood at all. From what I hear this entire case was a circus run by the prosecutors with pretty much a hand picked jury; the parents never stood a chance. Lets face it the courts aren't all about justice any more, there is to much to do with peoples careers now-a-days and trust me there are plenty of people willing to sell you down the river to boost their career. Also, the current American view on what is acceptable child raising is not superior to the rest of the world, and quite simply it is not fair to force others to our view or imprison them (unless there is true proof of serious injury). Perhaps instead of imprisoning parents like these we should send them to classes on other ways to correct children, my mom’s guilt trips probably worked better on me than the twitch. This might save some tax dollars, and perhaps more protect individual freedom - religious and otherwise. As for the drug dealing, well, drugs contribute to many deaths, and though I think 22 years for just selling them is a bit excessive; I think it is worse than what I heard the Kozlov parents really did in punishing their children (of course I also feel them getting 7 years is also excessive).


Anonymous December 12, 2009 7:56 pm (Pacific time)

Melany, if God is just, then in His works, the abuse of Kozlovs' children, we should all learn something. THEY ARE BAD PARENTS and GOD should continue to punish them and their supporters until they all have learned from their mistake. Only a JUST GOD would allow those poor children to be saved from horrific abuse. Thank GOD. He protected the children! I am glad that GOD knows everything and allowed the government to protects and save the children not just from their parents, but from their entire LOONY, CRAZY church that does not do GOD's work. If it DID GOD'S WORK, it would not have allowed the ABUSE and the teachings that allow the ABUSE. THE PASTOR AGREED THAT HE WOULD IGNORE SIGNS OF ABUSE. He does the work of the DEVIL!


Melany December 12, 2009 7:19 pm (Pacific time)

Media has converted the case of the Kozlov family into an unrealistic story. The beatings are over exaggerated and fantisized. I agree with writer offended that the three eldest ruined it for the whole family. This case about the drug selling is no comparison to this family case. The parents in the Kozlov family loved and disciplined their children-they knew that taking drugs or anything wordly like that will ruin their family. Ayala probably mistreated his children too-by not giving them the love and attention needed. If Ayala deserves this sentence, then he will be in jail all these years. If the Kozlov's deserve this too-they will be in jail 7 years. However, God is just - if the Kozlov's do not deserve what is waiting for them - everyone will see as they are delivered by God. May God give us wisdom not to judge by our limited knowledge. God only knows everything.


Melany December 12, 2009 7:28 pm (Pacific time)

If this man deserves what he is sentenced to- he has to live with the consequences. The Kozlov family is no comparison to this drug dealer's case used to put down te family and its nationality in order to lok better. The facts given about the Kozlov parents are overexaggerated and false and everyone knows that media tends to be very biased. Being a drug dealer parent is more abusive than being a loving parent who strictly enforces his kids for wrong actions. Therefore, God is the real Judge, and if the Kozlov's family does not deserve what is being implemented and what they are sentenced to - there will be a Deliverance for them. Maybe not right away-because God is Just. He always stands up for His children. If God is for us---who can be against us? No one. May God give us all wisdom because we are people with limited knowledge to judge correclty and leave it all to God.


Fedor December 12, 2009 5:35 pm (Pacific time)

Parents look like monsters here in your imagination. It is a very sad story. This parents are victim and need counseling. They love their childrens and do not understand why they are persecuted. Unfortunately, nobody open eyes for them that what they did is wrong. aing that judge did not realise how much his decision hurt kids, much more than he can imagine. What is the future of this kids? Who will support them when they will realise what they did for parents? Judge created new "Pavlik Morozov" hero in Oregon. How it is horrible to take away infant from mom who breastfeed him. If it was me, I would demand explanation when I grow up and when I discover the truth I would hate this judge. For parents only one advice to stop and realise your mistakes and work to get your chidren back. Manu people know you are not a monsters you love your kids and only you can save your kids. Lets your love overcame all pain and suffering you have, but first step should be your admission you are wrong. You claim that God give you authority to punish your kids. You should know that kid are gift from God and you should not abuse them. I know that you will not allow anybody to hit your kids, you should apply this rule for yourself.


Natalie December 12, 2009 1:22 am (Pacific time)

Since they deserve more years than a drug dealer, let's make a petition to correct their sentence to life in prison, or even better, how about a lethal injection? Yeah, sounds fair, why not. By the way, I'm pretty sure I saw your comment, that 7 years is harsh. Maybe it's just my imagination...


offended December 12, 2009 12:21 am (Pacific time)

no offence to the author but your article leaves off the impression that ukraine is a horrible country with abusive parents. i am ukrainian and have not even once been abused or hit in any way from my parents. all of the other ukrainian friends we have, have not been hit or beaten ever. your article is very, very biased. and by the way i personally know the kozlov family and i know for sure the parents arevery good, respected people. the mother and father would not beat their children, but they did have limitations to what they wear, where they go, etc. the children are going through puberty, the time when they hate parents and want out of the house, want freedom. you, my dear author went through puberty too. and im sure you had the periods when you hated your parents...however you were smart enough not to act on your emotions, the children were not. i am so sad for the parents as well as the children. i know how much their parents love them and i know how much the younger children want to come back home. the older 3 ruined it for the whole family. how sad..and i hope that the authors heart will be softer to other cultures and to this case and not be so biased...

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