2014-08-05

This entry is part 2 of 4 in the series Jack Schaap Sentencing Memorandum



On March 20, 2013, Jack Schaap, pastor of First Baptist Church in Hammond, Indiana was sentenced to twelve years in prison for transporting a minor across a state line for the purpose of having sex. Schaap pled guilty to these charges. In his statement to the court, Schaap said, “If you love me, please don’t blame this family for my wrongdoings. Blame me.”

There seems to be a lot of confusion about what Schaap did and why he was convicted and sent to prison. What follows is part two of Schaap’s sentencing memorandum. You can read the twenty-three page memorandum here.

Defendant’s Letters of Support Should Be Read In Context

Rarely does a sentencing court receive 20 letters of support on behalf of a Defendant, much less 141 and counting. The government acknowledges that the letters submitted to the Court on Defendant’s behalf help to shed light on his many prior good deeds within the local community and elsewhere. The government does not wish to diminish those good deeds nor distract the Court from considering them; as the Court well knows, Defendant’s history and characteristics is a key consideration at sentencing pursuant to 18 U.S.C. § 3353(a). And there can be no doubt that compared to many defendants sentenced by this Court, Defendant has worked hard throughout his life to build a ministry devoted in part to helping others.

Having said that, the letters submitted on Defendant’s behalf go beyond describing Defendant’s commendable conduct – they also urge the Court to show leniency to Defendant when sentencing him for the instant offense. For that reason, the government wishes to make two brief points for the Court’s consideration about the letters and the individuals who wrote them. First, it is clear from the content of the letters that the writers do not know the full extent of Defendant’s criminal conduct in this case and therefore cannot appreciate the magnitude of the harm that conduct has and will continue to cause the victim and her family. In the words of Martin Luther King Jr., “Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.” The sentencing recommendations made to the Court by the letter writers should be considered with that in mind.

Second, the letters underscore Probation’s finding that Defendant was in a position of public trust prior to and during his commission of the offense in this case. PSR, para. 61. In letter after letter, the writers describe how, as Pastor of First Baptist Church of Hammond or in his many previous leadership roles within the church and its educational affiliates, Defendant was in a position of great power within the community and was able to bring about real change. Defendant’s congregation, which included the victim and her family, placed their faith – literally– in his hands and trusted him to actually practice what he preached. Defendant abused that position of trust when he committed the crime for which he now stands before this Court.

Defendant Took Advantage Of A Vulnerable Victim

Although Defendant’s criminal conduct abused the trust placed in him by many people, it harmed and will continue to harm no one more than the victim and her family. Probation has found that the victim in this case was “particularly susceptible to this offense due to her mental state” and that Defendant “knew or should have known the victim of the offense was a vulnerable victim.” PSR, para. 60. Defendant does not dispute that finding, and for good reason.

In April of 2012, an e-mail was sent to Defendant from an administrator at the victim’s high school. The purpose of the e-mail was to ask Defendant to counsel the victim, whom the administrator described as “frightened, confused, and emotionally traumatized” and was known to engage in self-destructive behaviors. PSR, para. 15. The e-mail went on to explain that the victim “still has a very tender heart and is still very teachable and moldable.” Id. The writer states that he asked the victim to “allow a few, much wiser people, to take the ‘steering-wheel’ of her life right now and make the right decisions to get her back on track” and the victim responded that she was “willing to trust her leaders.” Id. The government knows Defendant received and read this message because his secretary testified under oath that she remembers printing it out and handing it directly to Defendant. PSR, para. 29. Approximately one week later, Defendant asked his secretary to set-up an appointment so he could start to “counsel” the victim. Id.

During the “counseling” sessions that followed, the victim talked openly with Defendant about the troubles she was having – and particularly about her prior romantic relationship with a young man who had refused to give her attention and affection and yet whom she missed dearly –and the unhealthy ways she had been coping with those troubles. PSR, paras. 31-32. In response, Defendant began to fill the void left by the victim’s prior love interest. He spent more and more time with the victim, he complimented her profusely, and he encouraged her to view him as not just her Pastor but also as her friend and, eventually, love-interest as well. By midJune, the relationship between Defendant and the victim had became sexual. When the victim turned 17 toward the end of June, Defendant gave her a birthday card with a message that read:

I can’t get you out of my mind. I keep thinking about how much I enjoy talking with you, how great you look when you smile, and how much I like your laugh. I daydream about you off an on all day, replaying pieces of our conversation, laughing again about funny things you said or did. I’ve memorized your face and the way you look at me . . . it melts my heart every time I think about it. And I catch myself smiling when I imagine what will happen the next time we’re together. You must be something really special, because I can’t remember the last time I felt so strongly about someone. Even though neither of us knows what the future holds, I know one thing for sure – you’re one of the very best things that’s happened to me in a long time.

Thereafter, Defendant hand-wrote two letters to the victim. The letters illustrate the close friendship and strong romantic feelings that Defendant professed to have for the victim. Scholars– religious and otherwise – could long debate the intended meaning within these writings. Rather than speculate, the government quotes the text of the correspondence here. The first handwritten letter reads:

Hi [Jane Doe],

Because my time with you is so limited, I find great comfort in writing to you. Certainly it is no substitute for being with you – nothing is – in fact, being with you is unlike anything I have ever experienced.

You have a gift of making me feel more alive and more happy than I have ever felt! THANK YOU!

I’ve been doing much thinking about you – our brief journey together has been like a spiritual allegory (a story that illustrates a truth Your life began to deteriorate w/ actions + activities that were self-destructive + that would have brought great tragedy eventually. Then, as your Pastor, I began to counsel you + [unintelligible] you to God, the truth, and to a better path of living – that’s what we call Righteousness. Almost immediately, I felt such a profound tug in my heart for you – an intense desire to pull you away from destructive habits + to pull you into pure love + acceptance. I felt the only hope I had to truly make that difference was to pull you 1st to myself – if I could get you to trust me + open your heart to me. I could not have anticipated or hoped for what happened. You opened your heart wide to me – you made me more than a Pastor/Rescuer – you made me your friend your confidant, your beloved. You gave me your trust, your heart, your love, + your affection. [Unintelligible] must feel when a sinner makes Him more than a Savior – he/she makes Him a beloved lover + friend. I have never felt so truly loved in my life. It is a feeling that is incomprehensible! (off the charts)

In our “fantasy talk,” you have affectionately spoken of being “my wife.” That is exactly what Christ desires for us. He wants to marry us + become eternal lovers!

I tried to craftily catch your heart so that I could lead you into a better life. You have caught my heart + I have never felt so loved by anyone! Thank you [Jane Doe]. Thank you for the privilege of helping a struggling teenager. Thank you for opening your heart. Thank you for your trust. Thank you for your love.

My hope and prayer is that someday you will comprehend what an impact you have made on your Pastor and friend.

[Jane Doe] you have such a wonderful life ahead of you. I must be careful not to spoil that with any of my selfish fantasy desires. It would be grossly unkind to you for me to hold you captive in any fashion.

When we get scared, Jesus sends His spirit to live within us. But He does not personally live with us. He waits until we have fully matured before he takes us to Heaven to live with Him.

Yes, there are exceptions, but they are exceedingly so – sorta like [name redacted] (sp?) or a young child dying too young.

I must follow the example of Christ. I have espoused you to Him as a chaste virgin. You are pure + lovely + perfect in His eyes. Now you must mature in His grace until the time he brings you to Himself.

Until then, I am here to guide you + help you. [Unintelligible] your heart. I could only wish you would carry my love for you with you + in you forever. For me to wish for more would only be hurtful to the beautiful life He has planned for you.

I will die 10,000 deaths knowing I cannot have you in my life as I would desire. But I would far rather die those deaths than to hurt you in any way by injuring your future.

I would gladly do anything for you + I must lay down my life – my desires- for you. I will ALWAYS be here for you [Jane Doe]!! Always And I will carry you in my very soul as a part of me forever. I ‘ve never met anyone like you.

Please keep on becoming what you are becoming now. I’ve tried to point you in the right direction. PLEEEAASSE don’t ever go back to what you were when we found each other. That would put my soul in Hell!

I promised you I would do anything to help you – and I have shown you what I mean by that. I still promise you I would do anything TO HELP YOU but I cannot do anything that would hurt you!

Text me from time to time- stop by to see me when you can + let me be a part of your life + decision-making. But live your life – the life God has for you. Be 17 + enjoy this great stage of life. I’ll always be watching + always be pulling for you. I will always love you – FOREVER! Your BFF, Pastor. PSR, para. 41.

The second handwritten letter has a note at the top which says “Thought you would enjoy having my Bible Art from our Bible Study! LOL” and reads:

Hey Baby,

Hope you slept well. I’m sitting at my table reading the Words that help me through powerful emotions that are surging through me.

I miss my Bible Reading partner. It was fun to have our Bible Study yesterday morning. I Have my good music on – “I will trust in You” + the “Power of the Cross.” Good music drives me to the Scriptures to find the strength to go forward when my emotions want me to “freeze” time + go back to yesterday. No matter how glorious the past, the future is the only direction we can go without dying inside.

The past 3 days w/ you were beyond my imagination :! But what I hope you take from this wk. is more than the “magic” we enjoyed but also some better understanding of how incredibly important + special + awesome you are to Jesus! I wanted you to feel + know how much He loves you! I wanted to let some of the hurt + headache – the bad hurt – out of your heart.

This week, [Jane Doe], I tried to climb into your heart and write the graffiti of the Gospel on the walls. I wanted to spray paint in Neon colors that you are Priceless + Precious + are “off the charts” important – yes – to me personally but especially to OUR Savior Jesus Christ. I’m reading my Bible now to draw a little closer to God – even if it’s a millimeter closer – because if we both get a little closer to Him, we also get closer + stronger + deeper w/ each other. Every relationship not built around that truth eventually must die – that’s what happened w/ you + J. And that’s why afterwards you pursued “dead” things + “dead” relationships. My passion this week was to show you a living relationship + how to keep it alive!

[Jane Doe], however, whenever God takes our love, we never have to [unintelligible] to each other. Keep pursuing Good and we keep living because He is Life!!

I have a special gift for you that I want to give you Sunday if you would stop by my office when you arrive. Also, I really want you to download the App Olive Tree Bible Reader when you get it, I’ll teach you how to use it.

These days w/ you are tattooed on my heart + in my mind – Forever! But these days, also gave me great insight to the profound needs of my teens + young adults. You’ve helped me. Finally, I want to thank YOU for giving me something I was not planning to receive.

Through you, I have felt very loved by God. I gave Him my heart when I was 5, I gave Him my life when I was 17. And yes I love Him + know Him + understand much about Him, but, sometimes I just need to “feel” His love in a way that only He can provide . . . and this week, through you, I have “felt” His love. I absolutely cannot thank you enough!! It is obvious to me that God must trust you very much. He gave you the work of caring or ministering to His servant- just as the angel ministered to Jesus in the Garden of Gethsemine. Of course, you have been given enormous responsibility. The Scriptures do not tell us what the Angel said, how he arrived or how he left + apparently no one knows to this day – 2000 years later – what happened. That’s a very wise Angel! And so are you, Baby! 1432444!!!!!4

The government submits that any 16 to 17 year-old girl placed in the victim’s vulnerable shoes and showered with attention and affection from Defendant – whom she had practically been taught to worship – would have ended up in exactly the same position as the victim in this case: in love with Defendant, the ultimate hypocrite.

You can read the twenty-three page memorandum here.

You can read the other posts I have written on Jack Schaap here, here, here,here and here.

Other Posts That Might Interest You

Jack Schaap Sentencing Memorandum Part Four

Jack Schaap Sentencing Memorandum Part Three

Jack Schaap Sentencing Memorandum Part One

Federal Prosecutors Fight Jack Schaap’s Attempt to Vacate Sentence

Jack Schaap Tries to Use Ignorance of the Law to Get Out of Jail

The post Jack Schaap Sentencing Memorandum Part Two appeared first on The Way Forward.

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