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Sunday, February 5, 2023

The Cannibal Cop Free Speech Case

     Gilberto Valle, a six year New York City police officer assigned to the 26th Precinct in Harlem, lived with his wife and child in the Forest Hills section of Queens. On an online dating site called OKCupid, the 28-year-old police officer described himself as a "very calm individual" with "an endless supply of hilarious short stories from work that can't be made up. I'll try anything," he wrote, "and I'm not picky at all." According to his online profile, Valle had attended Archbishop Molloy High School in Queens and the University of Maryland, College Park.

     Based upon an investigation conducted by the FBI over several months, officer Valle was not calm or funny. And what he was willing to try was more than a little disturbing. 
     According to court documents related to the federal investigation, Gilberto Valle and several unnamed co-conspirators had used the Internet to acquire potential female victims to kidnap, rape, torture, murder, cook and eat. In his search for targets Mr. Valle had used federal and state law enforcement crime-victim databases. The suspect corresponded with his like-minded co-conspirators through online dating forums.

     In addition to his use of the Internet to identify and lure women, Gilberto Valle conducted physical surveillances of their homes and workplaces. He used this data to draw up and revise detailed kidnap/murder "operation plans." 
     In February 2012, Valle, in an online communication with a co-conspirator who had expressed a desire to rape a woman, offered to kidnap a victim for this man for a fee of $5,000. Pursuant to his offer, Valle wrote: "It is going to be hard to contain myself when I knock her out, but I am aspiring to be a professional kidnapper, and that's business." Later in the conversation, Valle wrote: "She will be alive. I think I would rather not get involved in the rape. You paid for her. She is all yours, and I don't want to be tempted the next time I abduct a girl." 
     On July 2, 2012, Valle and a co-conspirator conducted a disturbing online conversation in which Valle wrote: "I was thinking of tying her body onto some kind of apparatus. Cook her over a low heat, keep her alive as long as possible."
     "How big is your oven," asked the co-conspirator. 
     "Big enough to fit one of these girls if I folded their legs...the abduction will have to be flawless...I know all of them."
     In another Internet exchange regarding a specific woman, Valle wrote: "I can just show up at her home unannounced, it will not alert her, and I can knock her out, wait until dark and kidnap her right out of her home."
     Valle's co-conspirator offered Valle some kidnap advice: "You really would be better to grab a stranger. The first thing the police force will do is check out [the victim's] friends [as suspects]."
     "Her family is out of state."    
     "I have anesthetic gasses," replied the helpful co-conspirator.
     "I can make chloroform here," Valle replied. 
     In another July 2012 conversation, one of Gilberto Valle's co-conspirators asked, "How was your meal?"
     "I am meeting her on Sunday," came the reply. 
     FBI agents, on Wednesday, October 24, 2012, arrested Gilberto Valle at his home on charges of conspiracy to commit kidnapping and intentionally and knowingly accessing a computer without authorization. (The bureau made the arrest because Valle had recently had lunch with a woman the FBI feared he would abduct.) From Valle's home in Queens, agents seized a computer that contained personal data--names, addresses, physical descriptions, and photographs--of 100 women. Valle's computer also held hundreds of incriminating emails and instant message chats between the suspect and his co-conspirators. 
          In March 2013, a jury in Manhattan found the defendant guilty as charged. In July 2014, however, a federal judge, except for the count of illegally using the federal databank to target victims, overturned Valle's conspiracy to kidnap conviction on grounds of free speech. Instead of facing up to life in prison Valle walked out of the jail having already served enough time to satisfy the punishment for the lesser offense.

     This judge did not believe Valle's writings and behavior rose above the expression of his bizarre fantasies. In America people are punished for criminal actions, not thoughts. This was a close and controversial decision.

     Gilberto Valle, in January 2018, published A Gathering of Evil, a horror novel that featured his obsession with killing and eating women. The work of fiction was narrated through the eyes of a sadist who kidnaps two young women. The author said he hoped to make a living as a novelist.

     In May 2018, Gilberto Valle lost custody of his daughter after his ex-wife claimed she had fears he would murder the girl.

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