T.J. had not attained the age of 18 years of age, and (1) the defendant knew T.J. had not attained the age of 18 years, or (2) the defendant recklessly disregarded the fact that T.J. had not attained the age of 18 years, or (3) the defendant had a reasonable opportunity to observe T.J. (emphasis added).
You might be thinking, well, what about the sergeant major who said he came downstairs? Yeah, what about that? They're all hanging out at the bar. What better cover for your moment to have a prostitute come to your room than while all the guys are down at the bar. Who's going to question if the colonel's running late? Because we know [T.J.] went to that hotel.
Because now the prosecutor will tell you, I wish I had [the defendant's BlackBerry], too. My goodness, I wish that it wasn't broken that way, and I didn't—I had all that information, too. Folks, it doesn't work that way, and you shouldn't let it work that way. You should not let it work that way, to the detriment of this man.
End of Document.