Monday, March 31, 2008

Man allegedly stabs wife to death after argument over affair

A man who allegedly stabbed his wife to death after a argument stemming from an alleged affair before attempting to take his own life has been charged.

Salvador Radilla, 40, of the 3000 block of West 24th Street was charged with one count of first-degree murder in the stabbing death of Edubina Radilla, 26, on Saturday morning, said Andy Conklin, a spokesman for the Cook County state's attorney's office.

Police responded to the couple's home about 7:30 a.m. Saturday and found the door open and an infant crying in the apartment, Conklin said. The victim was found unresponsive on the floor with multiple stab wounds to her left rib cage, back and arm. Salvador Radilla was lying next to her bleeding from his wrist and neck, Conklin said. The baby was unharmed. Edubina Radilla was pronounced dead in the apartment shortly before 9:30 a.m. Saturday, the Cook County medical examiner's office said.

Radilla was given a $2 million bail and his next court apperaance will be April 18. He will be held at the Cook County Jail when he is released from the hospital. The Illinois DCFS (Department of Children & Family Services) was investigating the incident, and the child is in the custody of relatives.

Boyfriend sentenced to 40 years without parole for stabbing death of girlfriend

Lorell Neal of Glendale Heights, a suburb of Chicago, was sentenced to 40 years without parole, for the 1996 murder of his live in girlfriend, 25 year old Jennifer Mock. 1st degree murder carries a base sentence of 20 to 60 years in Illinois. It rises to 45 to 85 years if a gun is used to kill, and 60 to 100 years, life, or the death penalty under other aggravating circumstances.

[They], both of the 100 block of East Drummond Avenue were quarreling about his job in their kitchen on April 26, 2006, when he stabbed her in the chest with a knife. The couple's young daughter was in the home but was not injured, DuPage County Assistant State's Atty. Michael Pawl said.

One of Mock's friends, who left when the argument began, returned to see Mock sprwaled on the floor, and called 911. Neal fled the scene, and was caught driving in Downers Grove by police. There were no signs of mental illness, according to Assistant State's Attorney Steven Knight.

Saturday, March 29, 2008

NC teacher sentenced to 3 years probation for sex with 16 year old student

John Franklin Rasberry, 33, a former West Craven High School (NC) teacher, was sentenced to 3 years probation, during which a prison sentence of between 13 and 16 months for sex with a then 16 year old student will be suspended. The sex with the student occurred during the last quarter of 2007, according to the police report.

Rasberry, the father of two small children, has to turn in his state teacher's license and register as a convicted sex offender.

Bill Rivenbark, superintendent of Craven County schools, said the system conducted an investigation during that time.

"He (Rasberry) is not licensed," Rivenbark said. "He never has been. He was a certified at-will employee. At least that's the information I have, and I remember seeing that during the investigation."

Rivenbark said Don Hughes, a former West Craven principal, hired Rasberry for the 2003-04 school year. He said Rasberry managed the school's in-school suspension program and was a teacher assistant.

Last week, Gerald Johnson, the school system's human resources director, said Rasberry and one other teacher resigned from West Craven during winter break. Johnson said the resignations were related to conduct investigations.

The then 17 year old victim reported the incident to school authorities, who then passed on the information to police.

Court papers indicate that Rasberry was cooperative and wrote a statement about the incident.
He must perform 200 hours of community service, pay a fine, attorney fees, court costs and community service costs totaling $1,515.30.

Boyfriend allegedly assaults girlfriend, kidnaps their child

Nitia Taylor, 20, was arrested for an alleged attack on his girlfriend Tuesday. He assaulted his 23 year old ex girlfriend both physically and sexually with an object, then fled with their baby, according to Barstow, CA police.

Taylor found his ex-girlfriend at a friend's residence on Tuesday and coerced her into returning to her apartment with him, the police report said. City spokesman John Rader said Taylor did not have a weapon.

"She obviously was in fear of him, but it's very unclear still as to how much force he used," Rader said.

After police responded, the victim was taken to Barstow Community Hospital for a precautionary examination and released, Rader said.

In addition to taking the child, Taylor took personal belongings from the victim. Rader did not know what specific items were taken.

Taylor was found hiding in an apartment along with the infant, who was returned to its mother. Both Taylor and a second man, 25 year old Joshua Adams were detained. Adams was wanted for an unrelated outstanding warrant for theft.

Taylor was arrested on suspicion of domestic violence, sexual assault with a foreign object, and robbery.

Friday, March 28, 2008

Wife stabs husband after her 46th birthday dinner goes awry

A Barrie, Ontario woman celebrated her 46th birthday by stabbing her husband after a dispute over a birthday dinner. The incident started after the man asked his wife "Do you want ham, potatoes and vegetables, or potatoes, vegetables and ham?" for her birthday dinner.

The query apparently upset the woman, who then allegedly grabbed the knife and stabbed her spouse in the chest.

Sgt. Dan Mafturack of the Barrie Police suggested that the man’s alcohol issues and sarcasm triggered his wife’s attack.

"It's not like he was offering her Kraft Dinner or baked beans or anything like that," Mafturack said. "He was probably being sarcastic."

The woman called 911 for help, but her husband hung up the phone. She tried again, but he again hung up, police said.

When police called back, the victim said he had only bumped his head and didn't want officers to come.

Police and an ambulance went to the home anyway – as is standard practice for emergency calls – and found the man in the kitchen with blood on the floor and a puncture wound in his chest.
He was taken to hospital for treatment and later released.

The woman was charged with assault with a weapon.

Hospital worker sentenced in sexual touching of patient

Linus Schaub, a former employee of the VA hospital in Tomah, WI, was sentenced to 90 days in jail and put on probation for touching a male patirnt where he worked in a sexual manner. A femal coworker caught him in the act.

A Monroe County Judge said because Schaub is in therapy and does not have a prior criminal history he would delay Schaub's sentence for two years, and put him on probation. That probation does include 90 days of jailtime, and he must register as a sex offender. Schaub faced a maximum sentence of 40 years in prison.

Thursday, March 27, 2008

Pastor convicted of sexually assaulting parishoner, acquitted of other charges

"Many exploiters act as if their position of respect and access confers upon them a license to behave as they please without fear of consequences." - Dr. Robert Shoop

A Toronto jury found a pastor, Reverend Frank Seekop Lawrence, guilty of sexually assaulting a 29 year old woman he claimed to give "healing" baths and naked rubdowns to rid her of evil spirits, but acquitted him of all other counts, including assault and threatening to kill the woman, who has his child.

Coverage from the Toronto Star, Pastor guilty of sexual assault:

They also found him not guilty of sexually assaulting a second woman, now 45, who also had his baby. It took the jury three days to come to its verdict.

In an earlier Star story, Pastor abused trust, jury told:

The older woman said he forced her to the floor and raped her after the three baths and once during a graveyard ritual at midnight. She said she kept going back because he threatened her with evil spirits.

At least a dozen of the 59-year-old pastor's followers and friends waited in the courthouse hallway throughout.Lawrence admitted in 2005 family court documents to having nine other children, age 8 to 22, by four other mothers [including the 45-year old parishioner], whom he supported on an income of $19,600 a month.

Prosecutor Paul Zambonini, who told the jury that in [Canadian] law there cannot be consensual sex between two people when one is in a position of power, trust, or authority, later praised them for their hard work.

At the time of the sex assault, Lawrence ran his Toronto Mount Zion Revival Church of the Apostles out of the basement of his home. In dramatic testimony lasting five days, the victim said he gave her black magic baths, for which he charged $150, to rid her of evil spirits, then ordered her to stand up and drip dry while he rubbed her naked body with brown ointment.

Anthony Robbins, Lawrence's lawyer, disagreed with the assumption that sex between a parishioner and a pastor can't ever be consensual, and is considering filing an appeal. "My concern is that the jury found that (the complainant) could not be believed beyond a reasonable doubt in respect of all but one of her allegations. It is going to be up to the judge to find which of the numerous (alleged) sexual assaults the jury convicted her on. She claimed constant sexual abuse over a nine-month period."

The victim testified that her mother brought her to the pastor to treat headaches when she was 17, and in 2003, when she was 25, Lawrence allowed her to stay at his home, which she did. Then the abuse started. Sentencing is scheduled for February 28th.

(Update 3-27-08) Lawrence was sentenced to 4 years in prison March 26 for the sexual assault of a parishioner.

Rev. Frank Seeko Lawrence "grossly abused his position as pastor and spiritual healer by threatening a vulnerable and trusting young woman," Superior Court Justice Edward Belobaba said yesterday.

Belobaba ruled that the jury's verdict means the pastor of Toronto Mount Zion Revival Church is guilty of fondling and touching, as well as five to 10 instances of forced sexual intercourse, between April and December 2003, when the victim was 24. The Toronto-born woman, who cannot be named, gave birth to a girl as a result.

By way of mitigation, the judge noted that Lawrence has no criminal record and is much loved and admired by his parishioners, to whom he is "generous and compassionate." Nine female and two male supporters were in court yesterday.

"He fully intended to make her pregnant and he succeeded in doing so," the judge said. Belobaba quoted Lawrence as once asking the woman, "What is taking you so long to get pregnant?" and warning her, "If you're using any birth control, the spirits will know."

Estranged wife shoots husband to death

Stacy Lynn Powell, 40, an US Army soldier who was the wife of a Dixon, MO man, was charged with shooting him to death after visiting her husband. After an argument, Stacy Powell shot her husband, who was in the process of filing divorce papers.

“She came up for a visit — they were in the process of a divorce,” said Pulaski County Sheriff J.B. King. Brian Powell was still alive when Pulaski County Sheriff’s deputies arrived at the scene but died after being taken to General Leonard Wood Community Hospital.

Stacy Powell, who reportedly had knife wounds, also was taken to the hospital at Fort Leonard Wood and remains in U.S. Army custody. King said the warrant for Stacy Powell’s arrest has not yet been served, but he anticipates the “outstanding support” of the Army in the case will continue when the warrant is served.

Wisconsin prison guard charged with sex assault

James Trentin, a 58 year old guard at the Prarie Du Chien (WI) Correctional facility, has been charged with 22 counts of sexual assault and 6 counts of bringing contraband to inmates.

According to the criminal complaint, Trentin brought in contraband for the inmates including chewing tobacco, candy bars, cologne and other items in exchange for sexual favors.

All of the acts happened at the Prairie du Chien Correctional Institution between July 2007 and January, and involved inmates in their late teens and early 20s, according to the 14-page criminal complaint filed by Vernon County District Attorney Tim Gaskell, special prosecutor on the case.

The inmates all reported Trentin performed oral sex on them numerous times after bribing them with contraband, including money, coffee, vodka and orange juice, chewing tobacco, soap, deodorant, toothpaste, candy and cologne, according to the complaint.“If you continue to take care of me, I’ll take care of you. You won’t have any problems,” Trentin told one inmate, according to the complaint.

The incidents occurred in a prison telephone room, shower, custodial closet and cells, sometimes when Trentin was the only officer in the unit, according to the complaint.

They say Trentin also sent money orders to the inmates' prison accounts. Investigators say a handwriting expert confirmed it was Trentin's handwriting on the money orders.

Trentin faces 40 years on each sexual assault charge. He started as a correctional officer at the institution in October of 2000, and his jobs included providing transportation, security, and monitoring of inmates.

“The Department of Corrections has zero tolerance for any staff sexual misconduct,” a Wiscsonsin Department of Corrections spokesman said. “The misconduct detailed in the allegations is certainly not reflective of the vast majority of the staff at the Prairie du Chien Correctional Institution or the Department of Corrections.”

Man charged with 1st degree rape of "friend"

A 20 year old Ardmore, OK man was accused of raping an acquaintance over the weekend. Jeremy Clay Cheek, 20, was charged with 1st degree rape and held on $250,000 bond at his initial appearence in Dstrict Court Tuesday afternoon.

Capt. Eric Hamblin, Ardmore Police Department Criminal Investigation Division, said the 20-year-old victim and Cheek were friends. Cheek was reportedly spending the night with the victim when the rape occurred. Hamblin declined to release any further details, saying, "I can't comment further on the evidence."

Cheek was booked into the Carter County Detention Center at the time of his arrest.

He remains in jail pending bond posting. A preliminary hearing is scheduled for April 28.

Wednesday, March 26, 2008

Boyfriend severely burns girlfriend

A man who allegedly set his ex-girlfriend on fire and left her with burns so severe that she couldn't speak for two months and needed a tracheotomy has been charged with heinous battery and ordered on $3 million dollars bail. The ex-girlfriend could not speak until last week, then told police her ex-boyfriend set her ablaze. Cook County prosecutors charged Damenique Traylor, 19 yesterday.

Traylor, 21, of the 800 block of West 71st Street had said the woman suffered the injuries in a barbecue accident, prosecutors and police said.Prosecutors said Traylor and the 18-year-old woman were living together in his Englewood home when the two quarreled in the early morning hours of Jan. 15. As the fight escalated, she threatened to leave Traylor when he "threw lighter fluid on [the] victim and lit a match and lit [the] victim on fire," according to court documents. Traylor then placed the woman in a tub of water to extinguish the flames before driving her to St. Bernard Hospital, where he told officials of the barbecue accident, authorities said.

After an "alert" was issued, meaning Traylor was wanted for questioning, he turned himself into police. He has two previous arrests for domestic battery and battery.

Tuesday, March 25, 2008

Bar rapist pleads no contest just before trial - sentenced to 8 years

Earnest Reno Rainey, 39, pleaded no contest to sexual battery against a physically helpless person in an incident exactly 2 years earlier where he drugged, then raped a woman at a Deland, FL bar.

State Attorney's Office spokeswoman Linda Pruitt said his plea averted a trial for rape (called sexual battery in Florida). Rainey will be sentenced to 8 years in prison and 8 more years of sex offender probation.

The bartender said she saw Rainey sitting next to the victim at the bar at 11 p.m. on March 24, 2006, sheriff's investigators said.

The victim told deputies she ordered a mixed drink that night and does not remember anything else. When she regained consciousness, she discovered Rainey had taken off her pants and was raping her, the report states.

She screamed for help, and Rainey punched her several times and began strangling her. The victim played dead and after Rainey walked away, she picked up her clothes and ran into some nearby woods on East Beresford Avenue, the report states.

The victim passed out again in the woods and did not wake up until the next morning. She could not find her car, which police later found in Sanford.

Rainey was teacked down after DNA evidence was collected, and the bartender picked him out of a lineup. Rainey, after serving his sentence, will be on the Florida sex offender registry for life.

Rape, abduction in Harrisburg, PA on Easter

A person allegedly abducted and raped a 27 year old woman in Harriburg, PA Easter afternoon.

Mayor Stephen R. Reed said a 27-year-old woman told police she was walking on Berryhill Street at about 3 p.m. Sunday when she was abducted by a black male driving a white car.
The victim, whom Reed did not name, told police she was forced into the vehicle and driven to a location under the State Street Bridge off Cameron Street. There she was taken out of the car and raped, she told police.

The suspect, described as 5-8 with close-cropped brown or black hair, drove away. The victim called police from the nearest pay phone.

Reed said police later recovered the victim's jacket from the crime scene. He described the victim as being from the region but not a city resident. "We believe the story to be credible," Reed said. "We are treating it as an abduction-rape case. There are multiple felonies involved."

Spring breaker raped on South Padre Island - no leads yet

On the spring break hotspot of South Padre Island last Thursday, March 20, a 19 year old woman was allegedly raped by a group of men, according to her mother.

She said all three men were tall and muscular with blonde hair and blue eyes.
The men allegedly dragged the girl between two commercial trash bins took turns brutally raping her.

Police told Action 4 News that they had no leads over the weekend.

Anyone with information on the case is urged to call the South Padre Island Police Department at (956) 761-2236.

Saturday, March 22, 2008

Boyfriend allegedly sexually assaults girlfriend

Jorge Garcia is on the run from sexual assault and false imprisonment charges. According to Kersey, CO police, Garcia picked up his girlfriend and their two kids Monday morning on the pretense that they would be going to an appointment. Instead, the victim was taken to another residence where she was sexually and physically assaulted. After forcing the victim to make dinner for him, she and the children escaped. The victim was treated and released from a local hospital.

Multiple warrants have been issued for the arrest of Jorge Garcia, 19, of Kersey in connection with the felonies of sexual assault and possession of a weapon by a previous offender as well as the misdemeanors of third degree assault and false imprisonment.

Jorge Garcia, who also may go by the name of Alberto Garcia, is 5-feet, 4-inches tall, weighs 125 pounds and has black hair and brown eyes. Those with any information are encouraged to call the Weld County Sheriff's Office at (970) 304-6464.

Teens arrested, charged with rape of woman

Two teens, one 17, and one 14, were charged with the rape of a woman in the SE Virginia city of Newport News on January 22. After coming from a store, the boys allegedly confronted her with a gun. One raped her and the other alegedly took CD's and other stuff. The 17 year old was charged with rape, robbery, burglary, using a gun in commission of a felony and related charges. The 14 year old boy fled to Florida, where he was arrested on charges of robbery and burglary.

Friday, March 21, 2008

The Daily Vidette, Illinois State University's paper, debunks rape myths

The Daily Vidette, the Illinois State University newspaper, has an ongoing series about rape myths. Gail Trimpe-Morrow, M.S., L.P.C.: Coordinator Sexual Assault Prevention and Survivor Services talks about the high prevalance of rape, the fact that most rape victims don't report, and about how people blame victims, not perps.

The Daily Vidette's Sexual Assault Myth Of The Month

Austrailian state toughens rape laws to target those who target impaired adults

The Austrailian state of New South Wales is revising its sexual assault statutes to make it easier for prosecution of sexual abusers of developmentally disabled and other cognitively impaired people. The rate of sexual abuse for this group ranges from 50% to 90%.

Mr Hatzistergos said the term "cognitively impaired" would replace "intellectually disabled" to bring stroke victims, people suffering from alzheimers and the victims of brain injury under the protection of the law.

They are the latest sweeping reforms to the state's sexual assault laws following recommendations from prosecutors, police and health workers on the Government's Sexual Assault Task Force report.

"Taking advantage of a cognitively impaired person for sexual gratification is despicable," Mr Hatzistergos said.

"With the introduction of these laws we are protecting a broader group of disabled people who are vulnerable to the vile predators who prey on them."

Studies have revealed that assaults against intellectually disabled people are severe and ongoing because the victims are not taken seriously or are unable to communicate the problem.

Often the abuse remains hidden by residential care homes, the Task Force report said.

Sexual assault expert Julie Blyth said these victims were more vulnerable because their abusers believed they either would not or could not report them.

"You do not think of these people being targets but it is important for people to realise that offenders target vulnerability. It is about power," said Ms Blyth, of the Northern Sydney Sexual Assault Service.

The penalty for sexual abuse of a cognitively impared person is 10 years for a carer and 8 years for others. There have been only 21 pro secutions of such cases in New South Wales between 2000 and 2005. Rape crisis personnel have worried that cognitively impaired people would not stand up to cross examination.

Women veterans suffering from sexual and other trauma

CNN has a story about women veterans in Iraq and Afghanistan, who make up 11% of the veterans in combat. Over one in five of these women have suffered sexual and other trauma, most of which inflicted by male troops who are supposed to support them.

The VA diagnosed 60,000 veterans with post-traumatic stress disorder. Of those, 22 percent of women suffered from "military sexual trauma," which includes sexual harassment or assault, compared with 1 percent of men.

Christensen, who has been diagnosed with PTSD, says she doesn't like leaving her comfort zone. She doesn't drive more than two miles from her home.

"When I get outside my familiar safe territory, I start to feel overwhelmed," Christensen said. "It gets foggy. Not sure where I'm really going. Something comes over me where I don't feel like I have control over it."

"PTSD is actually something that shows up over time, and so the natural recovery process doesn't happen," said Dr. Darrah Westrup, who counsels female veterans at the VA-run Women's Health Clinic in Menlo Park, California.

"So three months out or so, you find yourself still not sleeping, still with nightmares, still having intrusive thoughts," Westrup said.

Westrup says another factor contributing to poor mental health is the high amount of sexual trauma reported by women screened by the Veterans Administration. She says many women have trouble reporting the trauma to their superiors out of fear of retribution.

"When you are in a war zone, your survival depends on people watching your back and on unit cohesion," Westrup said. "The same individuals who attacked you are those who will be protecting you, or you'll be fighting alongside the next day."

Thursday, March 20, 2008

Rapist convicted of attack on 82 year old woman

Freemansburg, PA native Bobby Jo Buskirk, 28, was convicted of raping and robbing an 82 year old Bethlehem woman on November 2, 2002. Buskirk will face a maximum sentence of 20 years in prison and a $25,000 fine and sex offender registration under Megan's Law.

Assistant District Attorney Patricia Broscius said Buskirk, wearing a black knit face mask, broke into the victim's home on Nov. 2, 2002, and demanded money.

"He stated, 'I know you have money. I know all about you,'" Broscius said.

When the victim handed over $2, Buskirk pushed her on a sofa and demanded she perform oral sex on him before raping her. Broscius said the victim pleaded with Buskirk to stop.
"He only replied by repeating 'Do you like it?'" Broscius said.

Buskirk ejaculated on the victim, bound her hands with a cable and told her to count to 50 before he left.

Police took DNA samples and sent the results to the state police crime lab. The case languished until last October, when state police reported the samples matched Buskirk.

Buskirk was released from state prison July 6 after finishing time for a parole violation on a felony aggravated assault with a deadly weapon charge from 2004. Buskirk was arrested Nov. 5, and a blood test matched him to the DNA samples taken from the victim.

Judge William Moran ordered a pre-sentencing report and a violent sex offendre evaluation before Buskirk's sentencing on July 2.

Possible campus rape at CA university

The Belmont, CA police department is investigating a report of a rape on the campus of Notre Dame De Namur University. It allegedly occured at 4:30 AM Sunday, March 16 when after a man and a woman went back into a dorm, and the woman allegedly was assaulted.

"We're dealing with the statements of two different people saying different things and we're trying to make sense of it," said Lt. Kevin Daly, of the Belmont police.

The university's Chief of Public Safety David Mefford implied that there was drinking involved.
"When you have alcohol involved and students are partying, things do happen," Mefford said.
Daley said he could not release any personal information about the female or male, but he believes students should not be fearful.

"We don't have a predator problem," he said. "It's still under investigation. It's an isolated incident and it does not pose a threat."

Mefford said that in his 20 years of working on campus, he's never seen or heard of a sexual assault case that involved a stranger and that usually they stem from mixing alcohol and acquaintances.

The campus website stated that sexual assaults which are forcible only occur an average of once a year since 2005

I disagree. Some sexual predators only have one long term victim, and some serial rapists operate as "boyfriends" who date rape their victims after gaining her trust, then leaving her for the next victim. Sexual predators usually, but don't have to have multiple victims.

Wednesday, March 19, 2008

Police officer, husband of news anchor, charged in rape of 17 year old girl,

New Rochelle policeman Sgt. David Rodriguez, the husband of a prominent New York City anchorwoman, was arrested on 1st degree rape charges after having sex with a 17 year old girl.

The incident allegedly occured February 8, after police officers were called to the 17 year old girl's home for a domestic incident. The 35 year old boyfriend was arrested on domestic charges, and released that night. After the release, police were called again to the residence, including Rodriguez, and the boyfriend was charged with violating an order of protection. The girl's boyfriend is not being charged with statutory rape because the AOC in New York is 17.

The victim alleges that on February 10, Rodriguez forced his way into her home and sexually attacked her.

His wife, Darlene Rodriguez, anchorwoman of WNBC-TV's "Today in New York," was in tears outside the courtroom before the arraignment. But she left the courthouse dry-eyed with her husband and said,

"I just want to say I know a lot of you and a lot of you know me. I'm here to support my husband," she said. "I believe in him. I love him. And he's innocent 100%."
Rodriguez did not speak, but his attorney, Stephen Worth, said the charge was false, the investigation was slipshod and the girl "has a number of motives to make up a false allegation." He did not elaborate.

[New Rochelle Police Commisioner Patrick Carroll]said the investigation was thorough.
"We took our time," he said. "We didn't jump to any conclusions." Carroll had announced the rape allegation, without naming Rodriguez, more than a month ago, and suspended him with pay. At the time, he said the sergeant had "a sterling record."

Rodriguez, a nine year veteran, pleaded not guilty to 1st degree rape, which carries a maximum sentence of 25 years in prison, and posted his $25,000 bail yesterday.

Guardian story about lap dancers

There is a story in the Guardian (UK) about women being lured into the world of lap dancing. Like prostitution, lap dancers are objectified, sexually assaulted, and many women's groups and others believe that tolerance of this activity as a sanctioned way for men fo "get off" leads to the belief that women who dress "inappropriately" are asking for it.

Rape charges dropped after "victim" changes story for money

Shasta County, CA deputy district attorney Kelly Kafel dropped rape charges against nurse Susan Lynn Williams after the "victim" offered to change his story form over $5000. Before charges were dropped, Williams, 51, was charged with raping her then 28 year old roomate after he was passed out drunk.

Williams, who is reportedly working as a nurse in Colorado, had been charged with raping an unconscious victim, orally copulating an unconscious victim and sexual penetration of an unconscious victim with a foreign object, a vibrator.

Although initially she had been scheduled to appear in Superior Court on Tuesday to set a trial date, the matter was dismissed in court on March 6 by the district attorney's office, according to electronic court records.

A police investigative report made public after Williams was arraigned last summer said that Williams and her roommate were traveling nurses who at the time worked at Mercy Medical Center in Redding.

That report said that alleged victim and Williams had been drinking at the Bell Lounge and that he passed out on the couch when they returned to the Park Marina Drive trailer they shared.
He told police that he awoke on the floor to discover that his boxer shorts had been removed and that Williams was sitting on top of him naked, the report said.

Williams initially denied any type of sexual contact with the man, but later admitted to touching him, the report said.

Deputy District Attorney Kelly Kafel dropped charges against WIlliams because the alleged victim contacted WIlliam's defense attorney and offered to change his story for an amount in excess of $5000.

Redding defense attorney Michael Sharpe, who represented Williams, said Monday that the man contacted him about a month ago and offered to change his story for an amount in excess of $5,000.

"We didn't go into any actual figures, but it was a significant amount," he said, adding that he immediately contacted the district attorney's office to report the offer.

"I had an ethical obligation to call the D.A., which I did," he said.

Kafel said the information, which surfaced last month, was confirmed by prosecutors and led to the dropping of charges against Williams. Offering money kind of kills it," she said. No charges will be filed against the "victim" turned perpetrator.

Alleged rapist at mental hospital strikes again

Jesse Vasquez, charged with raping a female patient in Eastern State Hospital, has been charged with a second assault.

On March 10th a patient at the hospital told detectives that she had been sexually assaulted by another patient inside a bathroom there. Investigators completed a rape examination at Deaconess Hospital and will now be comparing that evidence to the male suspect.

State police state that there are no barriers which separate the male and female wards of the hospital.

False rape victim gets probation for charges

One must remember that for every false rape report, there are 20 credible rape reports, and 60 rapes which occured, but have either never been reported to the police, or worse, reports which have been deemed unfounded. In this case, while the perpetrator must be punished, one must remember that she is a true CSA victim and that her grandfather did go to prison for child rape.

A 22 year old woman has been ordered to spend a year in jail, with all but 8 days suspended, pay a $5000 fine with most of it suspended, perform community service and pay the professor's attorney's fees. Katherine Clifton, formally of Woodinville, WA was officially convicted and sentenced to making false statements to a public servant.

King County District Court Judge Peter Nault said the case saddened him and led to the castigation of the professor, who stated through a filing that though he has his job back, the experience (and court charges) will always stay with him.

"Even though I did absolutely nothing wrong ... my rape and burglary with sexual-motivation charges, albeit false, will remain in the court records forever."

Clifton declined to comment at the hearing but filed a detailed statement saying that she had been sexually abused by her grandfather, who was convicted of rape of a child in 1994.
"In order to understand why, I have to explain what has happened to me in my past that has forever affected me," she wrote.

Clifton, who now lives in Ellensburg, was sentenced to serve 365 days in jail, with 357 days suspended, and to pay a $5,000 fine, with $4,750 suspended, plus other conditions that include probation and community service. Nault also ordered her to pay the professor's attorney fees.

The professor declined to discuss the charges, saying he wants to put the past behind him, and asked not to be identified.

The King County Prosecutor's Office concedes a mistake was made in the original prosecution but said it was acting on the best information available at the time.

"In hindsight, what was presented to us was an allegation of a violent rape," said Ian Goodhew, deputy chief of staff. "That doesn't mean the investigation stopped."

Clifton was "an extremely articulate and credible victim," said Sgt. John Urquhart, Sheriff's Office spokesman. "There was no reason to suspect she wasn't telling the truth."

King County Deputy Prosecuting Attorney Shelby Smith said Clifton's actions will also "harm the community of sexual-assault victims," who will find their cases more difficult to pursue.
"Other victims will be treated with more scrutiny," she said.

The investigation started after Clifton met with a detective and stated that the professor was stalking and trying to exchange grades for sex between March and July. On July 10, detectives contacted the professor and who acknowldged sending e-mails, denied seeing Clifton off campus. The professor was charged with 1st degree rape among other charges on July 12, with bond set at $500,000 dollars.

But as detectives continued working, it became clear that the text in the e-mails had been changed. None of the professor's fingerprints were found at Clifton's house. A sexual-assault examination found no evidence of rape.

The detective also checked on a supposed court order shown by Clifton to people at the college that seemed to bear the heading "In the Superior Court of Washington State for King County" and apparently ordered her not to talk about the professor.

But the judge's signature was illegible and the case number didn't match any King County filings.

Clifton admitted making up legal documents relating to the case and the false rape charges on July 25, with all charges being dropped July 26. Charges were filed against Clifton on July 27.

Clifton's attorney, Kelly Faoro, said her client has "extremely deep remorse" for the false statements and realizes that "none of this makes it any better" for the professor.

Tuesday, March 18, 2008

WA state trooper convicted of sexual misconduct

Carlos Torres, 46, was a state trooper before he was charged with sexual misconduct with women that he pulled over for aallegedly driving drunk. Now, one can say that he has officially gone over to the other side of the law - as a sex offender.

The [1st degree custodial sexual misconduct] charges stem from a complaint made by the woman, then 38, who said she was driving home to Federal Way in June 2005 when Torres pulled over her pickup truck, accused her of drunken driving and had her get into his patrol vehicle.

He sent home her two passengers -- the woman's boyfriend and teenage daughter -- and then, after taking her to a Fife police station for a breath test, drove the suspect to a deserted truck-weighing station along Interstate 5, making her partially undress before initiating sexual contact with her, according to court documents.

The woman's blood-alcohol level was well below the legal limit, authorities said.

Two other women accused Torres of using drunk driving arrests as an excuse to behave inappropriately with them, and the victim who Torres was convicted of abusing expressed relief at his conviction.

"She's relieved the trial's over and happy that the jury believed her," said a King County Prosecutor's Office spokesperson.

The trooper's attorney, Michael Schwartz, had argued that the woman made the whole thing up because she was worried about the consequences of a drunken-driving charge and wanted to sue for money.

He pointed out that FBI investigators had interviewed the woman several times but found insufficient evidence to proceed with federal charges. Torres, Schwartz said, was "shocked at the jury's verdict."

He was very disappointed and very sad," the attorney said. "He's just spending the time at home now with his family."

Torres faces a year in jail for the sexual misconduct charges. He was fired in January, and will be sentenced May 2. Torres plans to appeal the conviction.

Delay in sexual assault investigation findings against NC police officers

District Attorney Doug Henderson is still weighing whether to file charges in the case of three officers suspended with pay for the alleged rape of a fellow female Greensboro, NC officer. He blames the delay in the case on a delay in analysis of physical evidence.

If it were not expedited, it would probably be a matter of months," Henderson said. How long the analysis will take now depends on how many other expedited investigations the SBI is working on, but Henderson said results would likely come in a few weeks.

"When it will be done, lord only knows and we won't make a final decision until it is," Henderson said.

On Dec. 18, a female police officer reported that she was sexually assaulted by other officers after they picked her up near the Four Seasons Town Centre. The assault was reported to have happened between 11 p.m. Dec. 14 and 1 a.m. Dec. 15.

Sgt. A.S. Wallace, 43; Officer J.O. LeGrand, 37; and Officer C.S. Stevens, 42, members of the police department's Tactical Special Enforcement Team, have been suspended with pay since Dec. 18.

Already convicted felon sentenced to 40 years for rape and robbery

Brad Max Lamar, a 20 year old Macon, GA man, was sentenced to 40 years in prison, 25 years for rape and 15 years for armed robbery, for an attack on a Macon woman last October.

[He] entered a guilty plea in Bibb County Superior Court. He was indicted in November on charges of rape, armed robbery, kidnapping, burglary, theft by receiving a motor vehicle, possession of a firearm by a convicted felon, and two counts of aggravated sodomy, according to court records.

In exchange for his guilty plea, all charges except rape and armed robbery were dismissed. Lamar was sentenced to 25 years in prison on the rape charge and 15 for armed robbery.
Assistant district attorney Nancy Scott Malcor said the woman was at home Oct. 2 waiting on a repairman when she heard a knock at the door.

When she opened the door, expecting to see the repairman, Lamar asked for water for his overheating car. The woman retrieved a gallon jug of water and returned to the door, where Lamar attacked her, Malcor said. Lamar dragged the woman back into her house, demanding money. A neighbor heard her screams and called for help, Malcor said.

Lamar brandished a gun and at one point, and demanded money and jewelry. He choked her before the sexual assault. He bound the woman's hands and feet with her pantyhose and struck her with the gun before fleeing, when he was arrested by police.

Man forces woman into servitude, sex in Tennessee

John D. Warren of 5619 Yale in Bartlett, TN, faces charges of aggravated rape, kidnapping, false imprisonment, reckless endangerment and vandalism for assault of a 21 year old women he was acquainted. The assault, which lasted 19 hours from March 7 to March 8, consisted of forcible confinement, forcible servitude, and forced sex, with the woman being put out of his home after he was not satisfied with her work.

According to police reports and court documents, the 21-year-old victim, who is acquainted with Warren, said the two got into an argument at the Yale address about 7:30 p.m. Friday. During the confrontation, Warren began throwing pictures and breaking glass in the residence. The man made her clean up the debris in the nude, but at one point told her to go outside in the backyard for 10 to 15 minutes without any clothes. The report states at that time, it was snowing and about 27 degrees.

The woman said she was afraid to flee because her child also was at the residence. There was no indication the child was hurt or where the youngster was during the assault. The documents state that during the episode, Warren punched the victim in the head and kicked her in the chest, pulled her hair and forced her to have sex at least twice.

He had her clean the house and clean the refrigerator before telling her to leave the residence about 3:15 p.m. Saturday.

"By his actions, Mr. Warren not only placed (the victim) in unlawful confinement, he subjected her to circumstances that exposed her to substantial risk of bodily harm...By forcing (her) to clean up the damage he caused, Mr. Warren forced (the victim) into involuntary servitude." The woman's feet were damaged, and she suffered bruises and alleged damage to her car.

(Update 3-18-07) Warren ws ordered held on $125,000 bond, and the rape and kidnapping case against him went to a grand jury.

She told the court about the bruising and battering that occurred, the injuries she suffered to her head, ribs and back and the arguments between the two. During the testimony, the woman, at times visibly shaken, told the court she did not try to flee, except at one point, because she was scared of what Warren would do to her. The victim also noted that her child was in the house during the time.

Under questioning by prosecutor David Lakin, the woman said Warren had recently fired a gun in the house, saying he would kill her and then kill himself.

Each time she was asked why she stayed, she said she was afraid of Warren.

Meanwhile, the defendant, who remains in custody, stood in an orange jumpsuit facing McCrary and not looking at the testifying victim.

Under cross examination from defense attorney Anne Tipton, the victim acknowledged that during the episode, she fell asleep on the couch with Warren watching a movie and later slept in the bedroom overnight, awakened in the morning by her child, before Warren eventually ordered the victim to leave.

Drunk pilot peads down to assault from attempted rape - gets unsupervised probation

James Ryan Clifton, 37 and from Alabama, charged originally with attempted rape, plead down to felony 3rd degree assault, and was sentenced to three years of unsupervised probation. after a drunken New Year's Eve party.

Clifton originally was charged with attacking a woman, who was a guest at the hotel, in the hallway during the early morning hours of Jan. 1, according to an arrest warrant affidavit filed Feb. 16, 2007, by Pitkin County Deputy Brad Gibson.The alleged victim told Gibson that Clifton had pulled her down a hallway, forcefully kissed her, ripped open her pants and attempted to rape her as she screamed for help.

According to court documents, the entire attack lasted between 10 and 15 minutes.The attack was foiled, the affidavit states, when a co-worker of the victim heard the calls for help and chased Clifton outside, where the two got into a fist fight. When deputies arrived, Clifton was being taken to Aspen Valley Hospital in an ambulance, court papers allege. Defense attorney Greg Greer said Monday that Clifton was hospitalized because of injuries sustained in the fight. “This was a New Year’s celebration gone amok because of too much drinking,” Deputy District Attorney Gail Nichols said.

Unsupervised probation means just that - no supervision by a probation officer, and sex charges, which according to best sex offender management practices, should never be plead down to non sex charges. The probation stipulations state Clifton must refrain from drugs or alcohol, get months drug and alcohol tests, and write a letter of apology to his victim, who approved the plea agreement. With unsupervised probation, that's kind of hard to do. At least he has a felony on his record.

Monday, March 17, 2008

Woman pleads guilty in Megan Williams torture, rape case

Logan County, West Virginia prosecutor Brian Abraham dropped a kidnapping and hostage taking charge from Karen Burton, who was one of 7 people charged with crimes in the Megan Williams rape and torture case. As part of her plea bargain, she will cooperate against the four remaining defendants in the case. Abraham recommended a sentence of 14 to 30 years for all charges – 2 to 10 years for the kidnapping and hostage charges, and 10 years for the hate crime charge.

Abraham believes the plea deal for Burton carries a proper penalty, considering that the three charges combined, which are to be served consecutively, could add up to 30 years in prison.
"If I had let her have a plea deal on just the hate crime charge and she just got 10 years, that is not enough," he said, "And it would look like I was trying to pacify some special interest."

In addition to the hate crime charge, Burton pleaded guilty to assault during the commission of a felony and malicious assault. In the related indictment, prosecutors accused Burton of choking Williams with a cable.

She was charged with a hate crime for stabbing Williams in the ankle while saying, "This is what we do to niggers around here," according to the indictment.

Police discovered Williams at a trailer near Big Creek on Sept. 8, 2007. Logan County prosecutors say Williams was forced to eat animal droppings, was sexually assaulted and stabbed by six white men and women who held her captive for days last summer. Logan County sheriff's deputies, acting on an anonymous tip, found her at a Big Creek trailer on Sept. 8.

Five people were indicted Tuesday, February 5, in the case. Bobby Brewster, Frankie Brewster, Karen Burton and Danny Combs were charged with malicious assault, sexual assault, kidnapping, and holding Williams hostage.

Grand jurors indicted Linnie Burton Jr. on one count of misdemeanor battery. He was not among the original six people arrested in the case.

George Messer and Alisha Burton pleaded guilty Friday to one count of kidnapping and one count of assault during the commission of a felony. Each faces up to 10 years in prison and has agreed to testify against the other defendants.

"We are still trying to determine each individual's involvement in the acts they committed and assign the proper charges and proper punishment based on their conduct," Abraham said of the four remaining defendants.

Abraham said he has not ruled out cutting deals with the remaining defendants.

"In every criminal case, there is usually some negotiation that takes place. That is not to suggest that we have done so on this case," Abraham said. "It is not my practice to try a case just to be trying it. If I have a case that has more certainty to it by a plea and the outcome is just, then it is something we will consider. ... I am not going to cut deals just to expedite the case. We don't do that here in Logan."

Malik Shabazz, who organized rallies in Williams’ support through his group Black Lawyers For Justice, was pleased with the guilty plea.

"All of the key charges against the defendants are sticking. I have to give Mr. Abraham his day here. Justice is becoming a reality," Shabazz said. "I think the message being sent will protect others from being the victims of race hate and violence in the future."

Shabazz said he feels activism by those who rallied for Williams was vindicated through the conviction.

"Now the test is to see if Mrs. Karen Burton's sentence reflects the crime," he said.

Without the hate crime charge, Burton would be facing between 12 and 19 years in prison; with it, she faces much more, he said.

Shabazz said activists still want the maximum charges and longest penalties in the case.
"But it's up to the prosecutor's discretion to know how to come to a plea agreement," he said. "Mr. Abraham should be given the benefit of doubt in the case."

Abraham said that hate crimes are not intended to create special rights, but are intended to enhance sentences which may be otherwise plea bargained down to lesser acts.
"I have an obligation to uphold my oath and enforce the laws of West Virginia and, by extension, to represent the interests of Megan Williams," he said. "I will not base my decisions on any special interest."

Williams also made an appearance on a Montel Williams show featuring hate crimes. She will receive a new computer, six months of tutoring to help her earn her GED, and a 2 year, $40,000 scholarship to ITT Technical Institute.

(Update 3-17-08) From the Charleston(WV) Daily Mail:

Forty-six-year-old Karen Burton and 49-year-old Frankie Brewster were sentenced Thursday for their roles in the kidnapping and assault of Megan Williams. Both pleaded guilty last month.
Brewster and Burton were among seven white Logan County residents who were charged in the Willlams case.

Logan County Circuit Judge Roger Perry sentenced Burton, of Chapmanville, to three consecutive sentences. She received separate 2-10 year sentences for malicious assault and assault during the commission of a felony and 10 years for the civil rights charge.
Brewster received a 10-to-25-year sentence for second-degree sexual assault.

Williams and her parents were in the courtroom Thursday and wept as the sentences were read.
"I just believe he (prosecutor Brian Abraham) shouldn't have plea bargained with any of them,'' her mother Carmen Williams said during a press conference after the sentencing. "She (Megan Williams) wanted them to do life.''

Two other defendants had already pleaded guilty and been sentenced.

Burton's 23-year-old daughter, Alisha, and George Messer, 27, both of Chapmanville, both pleaded guilty in February to kidnapping and assault and received 10-year sentences.

Sunday, March 16, 2008

FBI agent sentenced in abduction of girlfriend

A FBI agent who once headed up the bureau's Toledo office will be going to prison for 6 years after being sentenced March 12. A further decade sentence was suspended.

The prison time is part of a ten-year suspended sentence handed down Tuesday in Arlington County Circuit. Carl Spicocchi, 55, pleaded guilty in December two counts of abduction and using a firearm while committing a felony.He was on a temporary assignment in Washington at the time of the attack last August at the woman's apartment in Crystal City.

Court records say Spicocchi believed the woman was cheating on him. The woman told authorities she was held for six hours and was wrapped in tape, dragged by her hair, beaten and threatened with a knife and a gun before she escaped.

Two men sentenced to 25 years for home invasion, rape

Two 25 year old men, one from Boston and the other from Framingham, were sentenced to 25 years in prison for a home invation and rape. Donnell Nicholson and Alexis Middleton were convicted Monday, then sentenced Friday at Norfolk Superior Court in Dedham, MA.

Superior Court Judge Janet Saunders called the crimes "shocking and sadistic."
The pair were masked and armed when they broke into the house in January 2005.
They terrorized and beat two young men and two young woman because they thought there was marijuana and cash in the house. The women were stripped naked and Middleton forced one to perform a sex act on him at gunpoint.

The prosecution asked for 60 years; the defense asked for 10 years.

Chicago area college basketball player charged with sexual assault

Charles Peden, a 19 year old student from Maywood, a suburb of Chicago, was arrested on charges of 3rd degree sexual abuse for the alleged rape of a 18 year old junior college student who went to Indian Hills Community College, located in Ottumwa, IA where a basketball tounarment the Wilbur Wright City College basketball team was playing at. Other team members are still under investigation for the alleged attack.

[He] was arrested in the western suburb Wednesday on a fugitive warrant from Wapello County, Iowa. He is being held at Cook County Jail and plans to fight extradition to Iowa, Cook County court officials said.

While Iowa officials were conducting the investigation and waiting for DNA evidence results, Wright College allowed the team members to remain on the squad for the duration of their season, which ended earlier this month.

The college president told Wright's student newspaper last month that team members had been disciplined for some behavior related to the incident at the Ottumwa Days Inn.According to court records, the alleged victim and three of her friends met Wright College team members Nov. 30 when they were playing a tournament at Indian Hills.They exchanged phone numbers, and some of the players called the women the following night to invite them to hang out at the Days Inn where they were staying.

The women, all 18 at the time, told police they went to the hotel and began drinking with about seven players and a member of the coaching staff, according to the affidavit for a search warrant for two Days Inn hotel rooms.

At around 12:30 AM on December 2, the victim's friends found themselves being pushed into, then locked in a bathroom, and when they were let out, they could not find the alleged victim.
four players ran into the next room when another door was opened. They found the victim passed out, with semen covering her chest and neck. There was also vomit in her mouth, and th friends called police. When she was taken to the local hospital, she tested with a BAC of 0.175. She was bleeding, and hairs which didn't belong to her were found on her body. when taken to the hospital.

The victim told police that she darnk and hung out with the players, but did not remember sex with any of them.

Man becomes ill just before trial on attempted rape, kidnapping charges

22 year old Christian Barbee, a Springfield, MA man who allegedly kidnapped his ex-girlfriend in November, sucessfully faked his illness, according to prosecutors, to get his trial, scheduled for last week postponed to July.

Barbee is being held on $10,000 bail for charges including kidnapping, assault to rape, breaking and entering, assault and battery, and malicious destruction of property over $250. The incident which led to charges took place at his ex-girlfriend's Hampden home in November.

As the trial was getting ready to begin, Barbee's lawyer Mickey E. Harris told Judge William B. McDonough that his client was ill. Prosecutor Christine M. Tetreault said she believed it was a ploy and Barbee was trying to put the case off. She said Barbee's symptoms appeared after he saw the woman in court. Barbee was brought by ambulance to Wing Memorial Hospital in custody of a court officer. When court resumed after 2 p.m., Harris told McDonough that Barbee was suffering from diarrhea and intestinal problems.

"I suggest Mr. Barbee is in no condition to proceed today," Harris said. Tetreault asked to move the case forward, saying she thought Barbee had been cleared to stand trial. But McDonough granted the continuance. Tetreault asked for a bail increase, from $5,000 on the two cases to $25,000 on each.

Barbee's bail was changed in court last week; he had been held for 90 days without right to bail. Today he was brought in from the Hampden County Correctional Center. McDonough denied the bail increase request. In arguing for the high bail, Tetreault said Barbee was heard saying he expects his mother to post the combined $10,000 bail. She expressed concern that his father is in Hawaii.

"The commonwealth believes he would not return to court," Tetreault said. "The facts of the case are indicative of the lengths the defendant will go to avoid being taken into custody. He jumped out a second-story window of a colonial home to avoid being arrested."

If Barbee makes bail, he'll be under a no-contact order with the woman, electronic monitoring, and must undergo drug and alcohol treatment.

Saturday, March 15, 2008

Cincy police officer gets 6 months in jail for rape

A former Cincinnati police officer was sentenced to 6 months in jail and 5 years probation March 12 for coercing sex from a woman he met during a domestic violence call. William Simpson, 47, an 18 year veteran of the Cincinnati Police Department, pleaded to 2 counts of sexual battery, down from more serious charges of rape. He faced 31 years in prison if convicted of all original charges

After a domestic violence call on October 3, 2006, Simpson, in full uniform, responded. He used the guise of taking pictures of injuries he suffered to have the woman drop her pants. At the trial, cut short after he plead guilty, she related her story that Simpson grabbed the victim's arms and forced her to perform a sex act, then have intercourse with her.

Hamilton County Common Pleas Judge Ethna]Cooper also ordered Simpson to spend five years on probation and participate in a sex offender rehabilitation program. Cooper designated a Simpson a sex offender, ordering him to register his address with the sheriff’s office in the county where he lives for the rest of his life.“I speak for everybody when I say you not only violated the victim’s trust but violated the trust of everyone in the city,” Cooper said.

“It’s a sad day for everyone involved.”As part of the plea deal, Simpson signed paperwork saying he would resign and never seek reinstatement. Police records show Simpson retired. He has been on unpaid leave since his arrest last March. He earned about $58,500 a year.Prosecutors say the victim called Cincinnati police to her Bond Hill apartment for help the morning of Oct. 3, 2006 after her former boyfriend broke in and assaulted her. Simpson responded to the 911 call.

Simpson's probation conditions include sex offender treatment. He will be designated a Tier 3 SO, which requires lifetime registration. He resigned effective March 12, the day of his sentencing.

Thursday, March 13, 2008

The other New York sex scandal

(Originally Posted 3-13-08)
The Eliot Spitzer prostitution scandal will finally come to a political close Monday when the former New York governor, accused of hiring a prostitute named "Kristen" er, Ashley, officially resigns. After two days of ever more sleazy details, including the fact that his presence as "Client 9" led to the breakup of the prostitution ring and the parading of his wife like an accomplice, he announced his resignation yesterday. However, Spitzer still faces the possibility of divorce, disbarment, and even federal Mann Act charges for traveling from New York to DC to have sex with Kristen, er, Ashley the night before Valentine's Day.

There is another sex scandal in New York, one which is much more serious. A NYC councilman will reportedly resign after a July rape.

The councilman, Dennis P. Gallagher, a Queens Republican, was initially charged with raping a woman in his campaign office in Middle Village in July after they met in a nearby bar. Mr. Gallagher, who is married and the father of three children, acknowledged a sexual encounter but said that it had been consensual.

Gallagher is using his resignation from office (much like Spitzer is using his past governorship to negotiate lesser criminal charges under the Mann Act and local statutes) as part of his plea negotiation. He is also said to be close to a deal, which does NOT involve sex offender registration or treatment, but an apology to his victim and alcohol abuse treatment.

In January, a State Supreme Court judge dismissed the indictment of Mr. Gallagher, saying that prosecutors had unfairly prejudiced the grand jury against him. The judge added, however, that the evidence was strong enough to warrant an indictment.

That ruling left the door open for prosecutors to present the case again to a new grand jury. The Queens district attorney, Richard A. Brown, said that he intended to seek a new indictment, but that has not happened.

A sticking point earlier in the plea discussions was whether Mr. Gallagher would be required to register as a sex offender. No such requirement is in the current proposed resolution of the case, according to one of the people familiar with the negotiations.

Gallagher is one of only three Repubilcans on the 51 member City Council, but has only lost his leadership posts for his party (which isn't worth anything if there are only 3 Republicans in the City Council), but not his job. All questions were referred to his lawyer, Benjamin Brafman, who refused to comment.
(Update 3-18-08)
Gallagher was given a conditional discharge, meaning that if he completes the conditions of drug and alcohol treatment, and has no contact with his victim, no guilty verdict will be on his record. [And people complain that female teachers get off when convicted of assaulting male students!]
His 52-year-old victim, in a statement read by the prosecutor, said, "I will never recover from the pain, anguish and humiliation I suffered as a result of this man's vicious assault and attack on me.
"He has scarred me for life and he took away my dignity and self-esteem. He is a sexual abuser. It is disappointing and disgusting when a man is given the privilege and honor of serving . . . as an elected official and then betrays our trust."

Wednesday, March 12, 2008

Upskirting soon to be illegal in Oklahoma

In Oklahoma, upskirting is currently legal because of a case where a man sucessfully got his voyeurism case dropped because courts said that a woman did not have a reasonable expectation of privacy from Peeping Toms. Videotaping kids is illegal.

In the criminal case, a 34-year-old man was arrested in 2006 for placing a camera underneath the girl's skirt at a Tulsa store and taking photographs. He was charged under a "Peeping Tom" statute that requires the victim to be "in a place where there is a right to a reasonable expectation of privacy."

A Tulsa County judge dismissed the charge in January 2007 after ruling that "the person photographed was not in a place where she had a reasonable expectation of privacy." The decision was upheld this week by the Oklahoma Court of Criminal Appeals. Appellate court Judge Gary Lumpkin dissented from the court's 4-1 decision, writing that "what this decision does is state to women who desire to wear dresses that there is no expectation of privacy as to what they have covered with their dress." "In other words, it is open season for peeping Toms in public places who want to look under a woman's dress," Lumpkin wrote.

State representative Pam Peterson, R-Tulsa, has written a bill which makes it a misdemeanor to video tape a person's private areas,"regardless of whether the person is in a public or private place." Penalties range up to a year in jail and a $5000 fine.

In Illinois, videotaping of both kids and adults was made a felony as of January 1st, and a Chicago Tribune report dated December 26, 2007 showed that damage to victims from the videotaping and distribution on the Internet was widespread.

For those who are interested, the Oklahoma bill to outlaw peeping with cameras is HB 2606. Unfortunately, unlike other states, the maximum penalty is a misdemeanor.

CA man sentenced to 11 years in prison for rape of ex-girlfriend

Merced Superior Court Judge Carol Ask sentenced a 35 year old man to 11 years in prison for the kidnapping and sexual assault of his ex-girlfriend. Raymond Parra, of Manteca, CA, a registered sex offender, was convicted on 2 counts of sexual battery and a count of kidnapping, but acquitted of a count of kidnapping for the purpose of sexual assault, a count which carries a mandatory 25 years to life prison sentence.

He kidnapped his ex-girlfriend from Livingston, CA in December 2006, took her to a remote location, then sexually assaulted her.

Manteca police arrested Parra at the request of the Livingston Police Department on the same day the crime occurred, Erickson said.

Erickson said the victim, who also testified during the trial, was extremely brave for coming forward to investigators. "Hopefully she got a little bit of closure from telling the jury what happened and having them believe her," Erickson said. "How humiliating, to have to tell these things to 12 people that you've never seen before. So it's gratifying that they listened to her and believed her."

Parra will have to register as a sex offender for the rest of his life after getting out of prison.

Convict on probation allegedly rapes ex-girlfriend

A Brewton, AL man allegedly broke probation rules by going to his ex-girlfriend's home, holding her captive, and raping her last weekend.

Carl McMillan, 31, of North East Street in Brewton was arrested Monday and charged with first-degree rape, first-degree burglary and first-degree kidnapping. The victim was transported to D.W. McMillan Memorial Hospital, where she was treated and released.

Escambia County sheriff's deputies made the arrest and transported McMillan to the Escambia County Detention Center where he remains under a $100,000 bond.
According to authorities, McMillan was currently on probation from a Georgia correctional facility.

“When he gets out of trouble here for this crime, he could be sent back to Georgia,” Chief Deputy John Gleaton said. “I wouldn't expect to see him out for a long while.”

Lee Hall, a probation and parole officer with the Alabama Board of Probation and Parole said much the same.

“There is a hold on him for Georgia. There will be a parole hearing about that on March 13. He was already on parole for driving while his license was suspended, giving false information to law enforcement officers and trafficking in cocaine. He was sentenced to 10 years and was on probation until June of 2010.”

McMillan threatened his girlfriend last week, using a contraband cell phone, after allegedly raping and kidnapping her. Officers confiscated 7 cell phones. McMillian's girlfriend reported him for domestic violence in the past.

Upstate NY man indicted on charges of rape, animal cruelty

A Malone, NY man has been indicted on numerous charges regarding the rape, assault, and theft from a Franklin County, NY woman.

Harold E. McCloud III, 28, of State Route 30 was charged with first-degree rape, three counts of second-degree attempted assault, fourth-degree grand larceny, second-degree identity theft, third-degree unlawful possession of a person's identification information, six counts of third-degree assault, two counts of petit larceny, two counts of second-degree unlawful imprisonment, third-degree attempted assault, fourth-degree criminal mischief, second-degree menacing and overdriving, torturing and injuring animals.

He pleaded not guilty to all charges and is expected to reappear in court March 25.
According to court papers obtained from the District Attorney's Office, McCloud reportedly had sexual intercourse with the woman against her will in mid-July and strangled her until she was nearly unconscious.

McCloud is also accused of stealing her debit card at different times in June, July and August and using her account number and personal-identification number to withdraw more than $500 at her bank.

The indictment also includes several charges from July 3, where he allegedly threw a coffee table and a plastic paint sample at her, shoved her into a wall, threw a glass lamp shade that hit her in the mouth and prevented her from leaving her home.

McCloud also allegedly picked up a broken piece of glass that day and held it to her wrist, "telling her he would kill her," the indictment states.

The same day, McCloud is accused of hurting the woman's dog by kicking it into an entertainment center.

McCloud also allegedly burned her with a lighter, stole her digital camera, and hit her. An order of protection was filed on the woman's behalf.

Tuesday, March 11, 2008

Teacher sentenced for encounter with student 4 days from legality

Laura Sieradzki, 34, was sentenced on criminal sexual assault charges for having sex with a student who was just 4 days from turning 18 while she taught as a special ed teacher at a McHenry County (IL) high school. If she had not taught at the same school as the teen, the relationship would have been legal, as the regular AOC is 17 in Illinois. Other charges involved the inappropriate piercing of two girls, one 16 and one 17 year old girl. All incidents occured in March 2006, and at the time, she taught two of the victims, though authorities did not say which two.

Sieradzki, a former Palatine resident, had been a $41,000-a-year teacher at McHenry High School's West Campus.

She admitted to having a sexual encounter with the student March 29, 2006, in a car parked outside of a Wonder Lake party that was attended by high school students. Authorities declined to say whether the student involved was in Sieradzki's class.

The age of consent for a regular citizen who has no teaching authority over a student is 17, and the AOC rises to 18 if there is a teacher/student relationship, unlike other states, where a teacher/student sexual relationship is prohibited regardless of age. Therapist/patient and guard/inmate sexual activity is considered to be non-consensual at any age in Illinois.

Sieradzki also pleaded guilty to separate misdemeanor charges for piercing two female students under the age of 17, authorities said. Charges of sexual assault of a minor and providing liquor to minors were dropped in exchange for the guilty pleas.

The piercings of the 16- and 17-year-old female students [in an "inappropriate location"]occurred on separate occasions earlier [March 2006] in Wonder Lake, [McHenry County Sheriff's Lt. Don]Carlson said.

Judge Sharon Prather in McHenry County Circuit Court sentenced Sieradzki to two years of probation, and a 6 month jail term, suspended if she completes the two years probation with no violations.

Sieradzki, who lost her teaching license, now has a clerical job, her lawyer said. Prather sentenced Sieradzki to 180 days in jail but suspended the sentence if she complies with the conditions of her probation. Sieradzki also was ordered to pay a $5,000 fine, $200 to the McHenry County Child Advocacy Center and $100 to Crime Stoppers. She was prohibited from contacting the victims and must register as a sex offender.
"It gives her the ability to move on with her life after a period of time," her attorney, Mary Cay Marubio, said. "This is a good person who made some bad judgments."

Prosecutors said they took into consideration the wishes of the student involved in the case in deciding to plea bargain.

Nichole Owens of the McHenry County's state's attorney's office said of the victim,"It was very embarrassing to him, and he preferred not to testify publicly about the offense."
Sieradzki currently lives in Freeport. Her SO registration is for a decade.

NJ serial criminal charged with rape after DNA evidence

Thomas Anderson, 31 and a repeat offender, was arrested on charges of rape after DNA evidence, taken from all people convicted of crimes in New Jersey showed a match to DNA found at the crime scene.

Police said Thomas Anderson — who is in the Ocean County Jail on other, unrelated charges — was a positive match for the DNA that was collected from the victim by professionals after the July 14 attack was reported to police, Detective Christopher Fluck said.

As a routine procedure, a second DNA sample will be taken from Anderson to confirm the identification, authorities said.

Fluck said that upon hearing the news, the victim showed "a sense of relief. She was just relieved it is finally over."

Anderson made his first court appearance Monday before Court Judge James Den Uyl. Anderson was charged Friday with aggravated sexual assault, aggravated assault, and theft.

The victim, a Toms River woman in her early 40s, was walking on Cedar Grove Road when she was attacked at about 1:15 a.m. July 14 and dragged to the rear of a closed business, Fluck said.
"It was an egregious assault," Fluck said. "He beat her up pretty bad."

The victim was unknown to her attacker and apparently was picked at random, Fluck said.

Anderson has been in the Ocean County Jail since Feb. 9 on charges of terroristic threats against another woman. Anderson's bail in that case is $25,000. His bail in the July incident is $300,000. Anderson has a long history of involvement with the criminal justice system.

His history includes a 3 year prison sentence for charges of terroristic threats and assault in 1997, with 2 years actually served, and guilty pleas of aggravated assault in 2001 and 2005.

First Assistant Ocean County Prosecutor Ronald F. Deligny said that in 2003, the state mandated DNA collection from all persons convicted of a crime, on probation or parole.
DNA evidence is culled by race and can be so conclusive that it can identify a suspect to be the only person on the planet that will have that particular DNA makeup.

"It can be a very powerful tool" for gaining plea bargains or convictions, Deligny said.

Newark, NJ man pleads guilty to rape of limo driver

A Newark man, Richard Caesar, 19 pleaded guilty to the rape of a 27 year old limo driver who managed to briefly escape from her rapist before he caught, then raped her again. Old fashioned detective work and Caesar's "Dutch" tattoo on the inside of his arm helped catch him.

Caesar, 19, pleaded guilty before Superior Court Judge Denise Cobham to three counts of aggravated sex assault. In a deal worked out with public defender Alex Shalom, Dirkin agreed to recommend that Caesar be sentenced to no more than 14 years in prison.

The rape victim was a 27-year-old female driver for Classic Limo who answered a radio call to pick up Caesar on Oriental Street in Newark late in the evening of Jan. 6, 2007, said Dirkin, acting di rector of the prosecutor's sexual assault unit.

Caesar told the driver he was going to Hawthorne Avenue, but his suspicious behavior and the odd directions he gave made her think he was trying to get her to a secluded area for a robbery, Dirkin said.

The driver ignored his directions and stayed on busy streets but made a wrong turn and ended up in a quiet area, the prosecutor said. He said Caesar jumped over the seat and forced her to drive to a secluded spot on Voorhees Street, near the corner of Leslie Street.

After he forced her into oral sex and intercourse, she saw the headlights of a truck in the rear-view mirror and jumped from the car naked and yelling for help, Dirkin said.

Caesar made a motion to the truck driver that he had a gun and the driver kept going, the prosecutor said. The victim jumped back into her limo, he said, and managed to lock three of the doors be fore Caesar slipped through the only unlocked door.

"She almost escaped but couldn't get the door locked fast enough," Dirkin said. "It was like a nightmare."

Caesar forced her to perform oral sex again and then fled as a police officer alerted by the truck driver came down Voorhees Street, Dirkin said.

Because there was no DNA evidence, Newark detectives used fingerprints lifted from the outside of the limo and matcher it with Caesar's prints, stored because he was jailed for an unrelated charge. Caesar will be sentenced June 22, and the maximum he faces is 14 years.

Sunday, March 9, 2008

Ooh la la! "Sexually predatory" French women more assertive in bed than in 1970

The tag line "Sexual Predator" drew me to this article, but alas, I was fooled;) This is only a article about the changing French sexual landscape since 1970.

Are women just like men?" asked Le Nouvel Observateur yesterday, which released extracts of the Study on Sexuality in France, a 600-page tome that brings together 12,000 in-depth interviews with people of all ages conducted during 2005-06.

One of the biggest changes in recent years, according to the report, was that male and female sexual behaviour had become increasingly similar.

The proportion of monogamous French women dropped from 68% in 1970 to 34% in 2006, with the average number of sexual partners for women rising from 2 in 1970 to 5 in 2006.

French women's first experience of sex is now almost as early as that of the opposite sex: in 1950 there was a two-year difference, but the gap has narrowed to four months, to around 17 and a half. Meanwhile, more women remain sexually active for longer than previously: nine-out-of-10 women over 50 are sexually active today, compared to just 50 per cent of that age group in 1970.

"The good old dichotomy (male predators, females patiently awaiting the warrior's return in front of the cave entrance) is in big trouble", said Le Nouvel Observateur.

Female sexual emancipation has been a hot topic in France ever since President Nicolas Sarkozy met Carla Bruni, the Italian model and singer. The couple married last month.
Ms Bruni recently declared monogamy "terribly boring" and spoke in relaxed fashion about her numerous past conquests, including Mick Jagger and Eric Clapton.

"I am a tamer [of men], a cat, an Italian", she told Le Figaro last year.

"I am faithful... to myself. I am monogamous from time to time but I prefer polygamy and polyandry [its female equivalent]."

At the same time, she reinforced old stereotypes that link status and virility, by reportedly declaring: "I want a man with nuclear power."

Despite the changes in female behaviour observed in the study, some things have not altered in 40 years. Men found it easier than women to disassociate sex from love, but the research suggested this was due to nurture rather than nature. The study said: "Young women are still educated to consider their entrance into sexuality as a sentimental-relationship experience."

The abstinence rate for men under 35 is twice as high as for women, and for men under 24, is 20%. The researchers also state that French people are more comfortable with sexual expression, rather than lovemaking.