Sisk's Story

The below information was extracted directly from a successful fundraiser representing Farrah "Siskmarek" Barney (Joshua Barney) in support of seeking a healthy path towards felony rehabilitation and a chance at a prosperous life to follow.

The #SaveOurSisk Group acquired this information in the hopes of spreading awareness of sex offender treatment through Farrah's story and furthering the end goal of the former #Justice4Sisk group on a grand scale.

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Disclaimer:
The facts, data, and information presented in this description were derived from and verified by multiple primary sources included but not limited to Police Records, Court Documents, Trial Recordings, and witness testimony.  Any and all opinions stated within the below description are strictly those of the #Justice4Sisk PR Team and do not represent the opinions of Joshua Siskmarek Barney. The #Justice4Sisk PR Team is not responsible for the accuracy of any information hosted on any other site. Duplications and hosting of any information contained in this description is prohibited without expressed written permission by the #Justice4Sisk PR Team.

Sisk is a transgender woman (MtF), but will be referred to by male pronouns to stay concurrent with the information referenced from the provided legal documentation that describes Sisk as a male. This is done if efforts to avoid confusion and with no intention to offend or belittle.

OUR GOAL

We are seeking funds sufficient to cover the legal fees to support a judiciary petition for early termination of lifetime probation and internet ban derived from the unjust sentencing of a beloved friend. In taking this fight to the Arizona Superior Court, we intend to show that Joshua “Siskmarek” Barney is not now nor has ever been a threat to public interest. By raising the money necessary to acquire a skilled attorney to file petition, compile evidence in the form of past test results, reports of good behavior, and character testimony, and pay the necessary legal fees. We also seek to bring to light the human rights violations experienced by Sisk and many others in similar situations, including but not limited to: The extreme nature of the punishment invoked, lifetime probation and internet ban, and violations of the 8th amendment. Our success in this mission will absolve our friend of these conditions and protect others from suffering the same unfair and egregious punishment in the future.

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Specific rights violations present:

  • Two counts of lifetime sentencing that exceeds the maximum punishment of 15 years.
  • Lifetime probation that prevents proper rehabilitation and reintegration of an offender.
  • The internet ban that prevents an offender from internet access/computer use when such access has been deemed a human right by the United Nations and many domestic legal institutions.
  • Invasive testing requirement prior to trial that includes the probing of private parts.
  • Offender paid rehabilitation, unreasonable assignment of power applied to the Probation Officer, random polygraph testing/GPS location tracking, and other conditions of sentencing that violate the right to protection against cruel and unusual punishment.
  • Unreasonable, life-threatening treatment administered by the Probation Officer assigned by Arizona.
  • Injuries in the form of second degree burns obtained while being held by Maricopa County Police.


SITUATION SUMMARY

Disclaimer:  The below facts have been verified by multiple sources including but not limited to defense testimony, witness testimony, available court documents/police reports, and releasable statements of legal authority.  This section will be updated as more information is verified.  Information that cannot be verified or poses a risk to privacy/safety will not be listed.

The Incident:

  • Summer 2008 - Joshua "Siskmarek" Barney, age 23, met a girl in a busy online group chat room.
  • This girl, who lived in Arizona, initiated romantic contact with Sisk.
  • At no time in the duration of their contact did Sisk have any physical contact with the girl.  Prior to the subsequent trial, they had never met in person and all communication was strictly by online chat.  Due to the nature of this early chat engine, no log of interaction was recorded.
  • Upon discovering that the girl in question was actually a 16-year-old, Sisk immediately ceased romantic contact.
  • When the girl later ran away from home, the girl's father initiated an investigation that sought to implicate Sisk as an aggressor in a luring scheme.
  • No conclusive evidence to this proposed scheme was found and the investigation was allegedly closed.
The Trial:
  • Five years following the investigation, Sisk was arrested on an outstanding warrant following a routine traffic stop. Sisk was immediately jailed and extradited to Phoenix, Arizona, where he was then placed in an Arizona jail to await trial for an approximate month.
  • At the start of the trial, the Arizona State Attorney listed a myriad of charges for which Sisk would be tried. These charges included "Sexual Exploitation of a Minor", "Aggravated Luring", "Attempted Sexual Exploitation of a Minor", and "Sexual Conduct With a Minor" all of which called for a proposed sentence exceeding 300 years of imprisonment.
  • As a requirement for trial, Sisk was made to take both psychometric and penile sex offender tests prior to any verdict. One of these tests included a violating method of attaching a monitor to the suspect's genitals to test for an erection while stories involving the molestation of minors are read.  The results of these tests, as presented to the court, showed no intent of sexual offense, and lowest possible risk to offend.
  • The only evidence was provided by the prosecution was a set of photographs depicting Sisk in a nude state.  The prosecution claimed that Sisk sent these pictures to the girl. The remainder of the claims offered by the prosecution consisted of obscure hearsay that was not backed by evidence.
  • Throughout the trial, the proceeding judge made several unwarranted and unjustified remarks about Sisk, labeling him as a "sexual predator" prior to even granting Sisk a defense, commending the girl and father for standing up to Sisk, and stating that he would understand if the father had tracked Sisk down and beaten him.
  • As part of his defense, Sisk presented evidence to show how he tried to cease contact once he had learned the girls age. He also explained that the girl's father was abusing her, but all of Sisk's claims were largely ignored.
  • No effort was made by Sisk's attorney to object to the inconsistent, ambiguous claims made by the prosecution, the inappropriate comments made by the judge, or the conditions set forth by the proposed sentence.
The Sentencing:
  • Given the unwavering position of the judge and the prosecution, Sisk's only means of minimizing his impending sentence was to reluctantly accept a waiver of trial.
  • In exchange for waiving trial, the prosecution agreed to drop all charges against him, with the exception of "Attempted Sexual Exploitation of a Minor"; a crime that is punishable by a maximum of 15 years in prison.
  • Despite the mandated punishment for the above criminal activity, Sisk received two lifetime sentences to be served on probation.
  • The conditions of probation include constant supervision by law enforcement, forced consent to random polygraph and electronic GPS monitoring, lifetime sex offender registration, and a lifetime ban from computer and internet use. (More conditions can be found in the sentencing doc linked below.)
The Aftermath:
  • Unable to return to his home state until the proper paperwork was filed and approved, Sisk was rendered homeless in Phoenix, AZ.
  • Ordered by his Probation Officer to find housing, Sisk took up residence in a living space that was documented as approved by the AZ Office of Adult Probation. Without prior warning, Sisk was immediately removed from this approved housing by his probation officer (since the Probation Officer had not personally verified the residence) and placed on house arrest in a motel without access to food.
  • After finally securing transfer back to his home state, Sisk was assigned to a new probation officer and required to find a new place to live. The only place that would rent an apartment to Sisk charged him more for rent than the other tenants due to his status as a sex offender/felon.
  • Following the orders of his new probation officer, Sisk was forced to sever contact with all friends that were met on the internet, and tear down the websites where he hosted his artwork, blog, and creative writing.
  • After nearly a decade of paying into legal defense fees, offender-paid polygraphs/monitoring, and ongoing sex offender therapy, Sisk subsists in poverty.
  • Sisk is not permitted to visit his family due to their proximity to a school.
  • Sisk is not permitted to use a computer or smart device except for approved/monitored work activity.  This means that Sisk cannot continue his livelihood as a "for commission" artist.
  • Sisk is not permitted to travel outside of his home state to visit friends, family, or his fiancĂ©e without written permission which is only granted on a case by case basis. To date, no such permission has ever been granted.
  • Sisk must pay for ongoing sex offender registration, probation supervision, GPS tracking, offender therapy both group and private, DNA recording, blood/UA tests, polygraph investigations, and restitution.  All of these items have a separate monthly fee for an all inclusive total cost of approx. $805/month.


Abuse/Violations Endured by Sisk:

  • Abuse of justice: Being tried five years after the alleged crime took place with no chance to provide defense. | Being forced into a plea bargain under the threat of >300 years in prison if Sisk was to defend himself.
  • Raped while awaiting trial: Details withheld by request.
  • Revocation of 1st amendment rights: Sisk is not allowed to speak out about his deplorable situation. If anyone asks, he's required to explain that his life is satisfactory. He also isn't permitted to mention the child porn felony that his victim was charged with but never tried for. Finally, regardless of his actual guilt, she's forced to claim responsibility for every bit of harm outlined in her victims 7-page statement. Failure to comply will result in extended therapy and even jail time.
  • Forced separation from her support network: Sisk was extradited from his home in Utah to be forced to live in Arizona, separated from friends, family, and those who support him. Further, being banned from the internet made long distance communication with this support network nearly impossible.
  • Sexually assaulted in jail: Sisk, being MtF transgender has developed breast as a part of hormone therapy. Unfortunately, despite this Sisk was placed in a male detention facility and groped repeatedly by inmates.
  • Raped in jail: While being transferred to multiple jails in route to Arizona, Sisk was cornered alone in her cell and forced to perform fellatio on another inmate. Further detail withheld by request.
  • Revocation of 5th amendment rights: Under probation, Sisk is required to admit to everything whenever asked by police. Sisk does not have the right to plead innocent, ask for an attorney to be present, or have Miranda Rights read.
  • Restriction from HRT: As a part of transition, Sisk takes estrogen for Hormone Replacement Therapy. However, Sisk was not granted estrogen in jail, and experienced a relapse in transition as a result.
  • Police brutality: During a recent, invasive search of Sisk's apartment, Sisk was forced to sit on the burning pavement outside while police conducted the search.
  • Manipulation by a care provider: Recently, Sisk was told that 18 months of required sex offender therapy would have to be repeated despite exemplary standing in therapy in Utah, and being only 2 months from completion. Sisk's therapist explained that this was due to Sisk's entry exam results showing a lack of empathy towards her victim. The entry exam, however, is filled with ambiguous questions that require the test taker to answer as if they were at fault, even if they were not. Failure to answer accordingly resulted in the above. Further, Sisk was told that a polygraph examination would be given to explore any discrepancies on the entry exam, but this was later denied to Sisk. Sisk is now required to repeat more than a year of therapy involving the use of invasive, abusive aversion techniques, simply because the therapist says so and has the power to demand so.
  • Unethical treatment by a care provider: Upon the discovery of this fundraiser, Sisk was berated in therapy by his therapist, who insisted that fundraiser and the support network behind it is harmful to Sisk.  Despite the fundraiser having proven history of helping Sisk seek a healthy course of rehabilitation through funding his access to therapy and surveillance, Sisk is now being forced by Mountain Valley Counseling of Arizona to invent reasons why the fundraiser is harmful.  On top of this, Sisk's therapist has written a recommendation to halt Sisk's interstate compact to go home to Utah where her family lives. The therapist will only drop this recommendation if the fundraiser is removed entirely. This is not only an ethical violation against Sisk, but a violation of our First Amendment right to be able to report on this information as threats of potential harm to Sisk are being used as leverage to silence her support network.


SISK'S STORY

[This section has been redacted by the request of the Arizona APD. #Justice4Sisk has complied willingly with this request.  While the story has been made available by other sources not associated with #Justice4Sisk, they do not maintain the same attention to accuracy and security. In lieu of the availability of accurate information on this page, we request that you proceed with caution if you encounter another telling of the same story elsewhere.]

Sisk was officially charged with "Attempted Sexual Exploitation of a Minor"; a crime that carries a maximum punishment of 15 years. Instead Sisk received an unwarranted and overblown 2 lifetime sentences. Given the present situation, Sisk is cut off from family and friends; trapped within the borders of his home state, and unable to travel without permission – something that he has yet to obtain. Sisk must also submit to random polygraph investigations whenever he is asked to do so. The high cost of these intrusive examinations are paid for directly by Sisk and come with little, to no warning. Further, the lifetime internet ban denies Sisk a future as the artist he is, and his art stands the risk of being removed from public light even now. This and more constitute an egregious violation of his civil rights and possibly that of others who may face similar charges in the future.
Sadly, this situation has driven Sisk to poverty and he cannot afford to mount this defense on his own. As much as we are hesitant to extend our efforts to crowd funding, it is the means that can give Sisk a hope for a chance at freedom.